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diff --git a/.gitattributes b/.gitattributes new file mode 100644 index 0000000..6833f05 --- /dev/null +++ b/.gitattributes @@ -0,0 +1,3 @@ +* text=auto +*.txt text +*.md text diff --git a/36735-8.txt b/36735-8.txt new file mode 100644 index 0000000..0421c17 --- /dev/null +++ b/36735-8.txt @@ -0,0 +1,21165 @@ +The Project Gutenberg EBook of Encyclopaedia Britannica, 11th Edition, +Volume 10, Slice 1, by Various + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: Encyclopaedia Britannica, 11th Edition, Volume 10, Slice 1 + "Evangelical Church Conference" to "Fairbairn, Sir William" + +Author: Various + +Release Date: July 14, 2011 [EBook #36735] + +Language: English + +Character set encoding: ISO-8859-1 + +*** START OF THIS PROJECT GUTENBERG EBOOK ENCYC. BRITANNICA, VOL 10, SL 1 *** + + + + +Produced by Marius Masi, Don Kretz and the Online +Distributed Proofreading Team at https://www.pgdp.net + + + + + + + + + +Transcriber's notes: + +(1) Numbers following letters (without space) like C2 were originally + printed in subscript. Letter subscripts are preceded by an + underscore, like C_n. + +(2) Characters following a carat (^) were printed in superscript. + +(3) Side-notes were relocated to function as titles of their respective + paragraphs. + +(4) Macrons and breves above letters and dots below letters were not + inserted. + +(5) [root] stands for the root symbol; [alpha], [beta], etc. for greek + letters. + +(6) The following typographical errors have been corrected: + + ARTICLE EVELYN, JOHN: "He was admitted to the Middle Temple in + February 1637, and in May he became a fellow commoner of Balliol + College, Oxford." 'he' amended from 'be'. + + ARTICLE EVOLUTION: "The supposition that sensation thus rests on a + material process of absorption from external bodies naturally led + up to the idea that plants and even inorganic substances are + precipient, and so to an indistinct recognition of organic life as + a scale of intelligence." 'substances' amended from 'subtances'. + + ARTICLE EVOLUTION: "The conception of evolution was henceforward + irrepressible, and it incessantly reappears, in one shape or + another, up to the year 1858, when Charles Darwin and A.R. Wallace + published their Theory of Natural Selection." 'irrepressible' + amended from 'irrespressible'. + + ARTICLE EVOLUTION: "And those of the eighth group are not only + unintelligible without the assumption of evolution, but can be + proved never to be discordant with that hypothesis, while, in some + cases, they are exactly such as the hypothesis requires." + 'unintelligible' amended from 'unin-intelligible'. + + ARTICLE EVORA: "From 1663 to 1665 it was held by the Spaniards. In + 1832 Dom Miguel, retreating before Dom Pedro, took refuge in Evora; + and here was signed the convention of Evora, by which he was + banished." 'From' amended from 'Fom'. + + ARTICLE EWING, JULIANA HORATIA ORR: "From this time until her death + (13th May 1885), previously to which she had been a constant + invalid, Mrs Ewing produced a number of charming children's + stories." 'May' amended from 'may'. + + ARTICLE EXAMINATIONS: "In many universities of the United States + there is a definite understanding that emoluments shall only be + accepted by those needing them." 'In' amended from 'It'. + + ARTICLE EXECUTION: "There may still be imprisonment in England, + under the writ--rarely used in practice--ne exeat regno, which + issues to prevent a debtor from leaving the kingdom." 'kingdom' + amended from 'kindgom'. + + ARTICLE EXECUTION: "Under the German Code of Civil Procedure (Arts. + 796 et seq.), both the goods and (if the goods do not offer + adequate security) the person of the debtor may be seized (the + process is called arrest) as a guarantee of payment." 'Procedure' + amended from 'Prodecure'. + + ARTICLE EZRA, THIRD BOOK OF: "The Apocalypse is called 1 Esdras, + our author 2 Esdras, and Ezra and Nehemiah 3 Esdras, or 3 and 4 + Esdras." 'Apocalypse' amended from 'Apocalyspe'. + + ARTICLE EZRA AND NEHEMIAH, BOOKS OF: "It is difficult to follow its + progress clearly, and the account ceases abruptly in. vi. 17-19 + with the notice of the conspiracy of Tobiah and the nobles of + Judah." 'progress' amended from 'progrees'. + + + + + THE + + ENCYCLOPÆDIA BRITANNICA + + ELEVENTH EDITION + + + + + FIRST edition, published in three volumes, 1768-1771. + SECOND " " ten " 1777-1784. + THIRD " " eighteen " 1788-1797. + FOURTH " " twenty " 1801-1810. + FIFTH " " twenty " 1815-1817. + SIXTH " " twenty " 1823-1824. + SEVENTH " " twenty-one " 1830-1842. + EIGHTH " " twenty-two " 1853-1860. + NINTH " " twenty-five " 1875-1889. + TENTH " ninth edition and eleven + supplementary volumes, 1902-1903. + ELEVENTH " published in twenty-nine volumes, 1910-1911. + + + COPYRIGHT + + in all countries subscribing to the Bern Convention + + by + + THE CHANCELLOR, MASTERS AND SCHOLARS + of the + UNIVERSITY OF CAMBRIDGE + + + _All rights reserved_ + + + + + THE + + ENCYCLOPÆDIA BRITANNICA + + A DICTIONARY OF + ARTS, SCIENCES, LITERATURE AND GENERAL INFORMATION + + ELEVENTH EDITION + + + VOLUME X + EVANGELICAL CHURCH to FRANCIS JOSEPH + + New York + + Encyclopædia Britannica, Inc. + 342 Madison Avenue + + + Copyright, in the United States of America, 1910, + by + The Encyclopædia Britannica Company. + + + VOLUME X, SLICE I + + Evangelical Church Conference to Fairbairn, Sir William + + + + +ARTICLES IN THIS SLICE: + + + EVANGELICAL CHURCH CONFERENCE EXPULSION + EVANGELICAL UNION EXTENSION + EVANS, CHRISTMAS EXTENUATING CIRCUMSTANCES + EVANS, EVAN HERBER EXTERRITORIALITY + EVANS, SIR GEORGE DE LACY EXTORTION + EVANS, SIR JOHN EXTRACT + EVANS, OLIVER EXTRADITION + EVANSON, EDWARD EXTRADOS + EVANSTON EXTREME UNCTION + EVANSVILLE EYBESCHÜTZ, JONATHAN + EVARISTUS EYCK, VAN + EVARTS, WILLIAM MAXWELL EYE (English town) + EVE EYE (organ) + EVECTION EYEMOUTH + EVELETH EYLAU + EVELYN, JOHN EYRA + EVERDINGEN, ALLART VAN EYRE, EDWARD JOHN + EVEREST, SIR GEORGE EYRE, SIR JAMES + EVEREST, MOUNT EYRIE + EVERETT, ALEXANDER HILL EZEKIEL + EVERETT, CHARLES CARROLL EZRA + EVERETT, EDWARD EZRA, THIRD BOOK OF + EVERETT (Massachusetts, U.S.A.) EZRA, FOURTH BOOK OF + EVERETT (Washington, U.S.A.) EZRA AND NEHEMIAH, BOOKS OF + EVERGLADES EZZO + EVERGREEN EZZOLIED + EVERLASTING F + EVERSLEY, CHARLES SHAW LEFEVRE FABBRONI, ANGELO + EVESHAM FABER + EVIDENCE FABER, BASIL + EVIL EYE FABER, FREDERICK WILLIAM + EVOLUTION FABER, JACOBUS + EVORA FABER, JOHANN + ÉVREUX FABERT, ABRAHAM DE + EWALD, GEORG HEINRICH AUGUST VON FABIAN, SAINT + EWALD, JOHANNES FABIUS + EWART, WILLIAM FABIUS PICTOR, QUINTUS + EWE FABLE + EWELL, RICHARD STODDERT FABLIAU + EWING, ALEXANDER FABRE, FERDINAND + EWING, JULIANA HORATIA ORR FABRE D'ÉGLANTINE, FRANÇOIS NAZAIRE + EWING, THOMAS FABRETTI, RAPHAEL + EXAMINATIONS FABRIANI, SEVERINO + EXARCH FABRIANO + EXCAMBION FABRICIUS, GAIUS LUSCINUS + EXCELLENCY FABRICIUS, GEORG + EXCHANGE FABRICIUS, HIERONYMUS + EXCHEQUER FABRICIUS, JOHANN ALBERT + EXCISE FABRICIUS, JOHANN CHRISTIAN + EXCOMMUNICATION FABRIZI, NICOLA + EXCRETION FABROT, CHARLES ANNIBAL + EXECUTION FABYAN, ROBERT + EXECUTORS AND ADMINISTRATORS FAÇADE + EXEDRA FACCIOLATI, JACOPO + EXELMANS, RENÉ JOSEPH ISIDORE FACE + EXEQUATUR FACTION + EXETER, EARL, MARQUESS & DUKE OF FACTOR + EXETER (England) FACTORY ACTS + EXETER (New Hampshire, U.S.A.) FACULA + EXETER BOOK FACULTY + EXHIBITION FAED, THOMAS + EXHUMATION FAENZA + EXILARCH FAEROE + EXILE FAESULAE + EXILI FAFNIR + EXMOOR FOREST FAGGING + EXMOUTH, EDWARD PELLEW FAGGOT + EXMOUTH FAGNIEZ, GUSTAVE CHARLES + EXODUS, BOOK OF FAGUET, ÉMILE + EXODUS, THE FA-HIEN + EXOGAMY FAHLCRANTZ, CHRISTIAN ERIK + EXORCISM FAHRENHEIT, GABRIEL DANIEL + EXORCIST FAIDHERBE, LOUIS LÉON CÉSAR + EXOTIC FAIENCE + EXPATRIATION FAILLY, PIERRE LOUIS CHARLES DE + EXPERT FAIN, AGATHON JEAN FRANÇOIS + EXPLOSIVES FAIR + EXPRESS FAIRBAIRN, ANDREW MARTIN + EXPROPRIATION FAIRBAIRN, SIR WILLIAM + + + + +INITIALS USED IN VOLUME X. TO IDENTIFY INDIVIDUAL CONTRIBUTORS,[1] WITH +THE HEADINGS OF THE ARTICLES IN THIS VOLUME SO SIGNED. + + +A. B. R. + ALFRED BARTON RENDLE, M.A., D.SC, F.R.S., F.L.S. + Keeper, Department of Botany, British Museum. Author of _Text Book + on Classification of Flowering Plants_; &c. + + Flower. + +A. D. + AUSTIN DOBSON, LL.D. + See the biographical article: DOBSON, H. AUSTIN. + + Fielding, Henry. + +A. F. B. + ALDRED FARRER BARKER, M.SC. + Professor of Textile Industries at Bradford Technical College. + + Felt. + +A. F. P. + ALBERT FREDERICK POLLARD, M.A., F.R.HIST.SOC. + Professor of English History in the University of London. Fellow + of All Souls' College, Oxford. Assistant Editor of the _Dictionary + of National Biography_, 1893-1901. Lothian Prizeman, Oxford, 1892; + Arnold Prizeman, 1898. Author of _England under Protector + Somerset_; _Henry VIII._; _Life of Thomas Cranmer_; &c. + + Ferrar, Bishop; + Fox, Edward; + Fox, Richard. + +A. G. + MAJOR ARTHUR GEORGE FREDERICK GRIFFITHS (d. 1908). + H.M. Inspector of Prisons, 1878-1896. Author of _The Chronicles of + Newgate_; _Secrets of the Prison House_; &c. + + Finger Prints. + +A. Go.* + REV. ALEXANDER GORDON, M.A. + Lecturer on Church History in the University of Manchester. + + Faber, Basil, Jacobus and Johann; + Familists; + Farel, G.; + Flacius. + +A. H.-S. + SIR A. HOUTUM-SCHINDLER, C.I.E. + General in the Persian Army. Author of _Eastern Persian Irak_. + + Fars; + Firuzabad. + +A. L. + ANDREW LANG. + See the biographical article: LANG, ANDREW. + + Fairy; + Family. + +A. L. B. + ALFRED LYS BALDRY. + Art Critic of the _Globe_, 1893-1908. Author of _Modern Mural + Decoration_ and biographies of Albert Moore, Sir H. von Herkomer, + R.A., Sir J. E. Millais, P.R.A., Marcus Stone, R.A., and G. H. + Boughton, R.A. + + Fortuny. + +A. N. + ALFRED NEWTON, F.R.S. + See the biographical article: NEWTON, ALFRED. + + Falcon; + Fieldfare; + Finch; + Flycatcher; + Fowl. + +A. S. + ARTHUR SMITHELLS, F.R.S. + Professor of Chemistry in the University of Leeds. Author of + Scientific Papers on Flame and Spectrum Analysis. + + Flame. + +A. M. C. + AGNES MARY CLERKE. + See the biographical article: CLERKE, A. M. + + Flamsteed. + +A. W. + ARTHUR WATSON. + Secretary in the Academic Department, University of London. + + Examinations (_in part_). + +A. W. R. + ALEXANDER WOOD RENTON, M.A., LL.B. + Puisne Judge of the Supreme Court of Ceylon. Editor of + _Encyclopaedia of the Laws of England_. + + Fixtures; + Flat. + +A. W. W. + ADOLPHUS WILLIAM WARD, D.LITT., LL.D. + See the biographical article: WARD, A. W. + + Foote, Samuel; + Ford, John. + +C. El. + SIR CHARLES NORTON EDGCUMBE ELIOT, K.C.M.G., C.B., M.A., LL.D., D.C.L. + Vice-Chancellor of Sheffield University. Formerly Fellow of + Trinity College, Oxford. H.M.'s Commissioner and + Commander-in-Chief for the British East Africa Protectorate; Agent + and Consul-General at Zanzibar; Consul-General for German East + Africa, 1900-1904. + + Finno-Ugrian. + +C. F. B. + CHARLES FRANCIS BASTABLE, M.A., LL.D. + Regius Professor of Laws and Professor of Political Economy in the + University of Dublin. Author of _Public Finance_; _Commerce of + Nations_; _Theory of International Trade_; &c. + +Finance. + +C. F. C. + C. F. CROSS, B.SC. (Lond.), F.C.S. F.I.C. + Analytical and Consulting Chemist. + + Fibres. + +C. F. R. + CHARLES FRANCIS RICHARDSON, A.M., PH.D. + Professor of English at Dartmouth College, Hanover, New Hampshire, + U.S.A. Author of _A Story of English Rhyme_; _A History of + American Literature_; &c. + + Fiske, John. + +C. H. T.* + CRAWFORD HOWELL TOY, A.M. + See the biographical article: TOY, CRAWFORD HOWELL. + + Ezekiel. + +C. J. + CHARLES JOHNSON, M.A. + Clerk in H.M. Public Record Office. Joint Editor of the _Domesday + Survey_ for the _Victoria County History: Norfolk_. + + Exchequer (_in part_). + +C. J. B. M. + CHARLES JOHN BRUCE MARRIOTT, M.A. + Clare College, Cambridge. Secretary of the Rugby Football Union. + + Football: _Rugby_ (_in part_). + +C. J. N. F. + CHARLES JAMES NICOL FLEMING. + H.M. Inspector of Schools, Scotch Education Department. + + Football: _Rugby_ (_in part_). + +C. L. K. + CHARLES LETHBRIDGE KINGSFORD, M.A., F.R.HIST.SOC., F.S.A. + Assistant Secretary to the Board of Education. Author of _Life of + Henry V._ Editor of _Chronicles of London_ and Stow's _Survey of + London_. + + Fabyan; + Fastolf. + +C. P. I. + SIR COURTENAY PEREGRINE ILBERT, K.C.B., K.C.S.I., C.I.E. + Clerk of the House of Commons. Chairman of Statute Law Committee. + Parliamentary Counsel to the Treasury, 1899-1901. Legal Member of + Council of Governor-General of India, 1882-1886; President, 1886. + Fellow of the British Academy. Formerly Fellow and Tutor of + Balliol College, Oxford. Author of _The Government of India_; + _Legislative Method and Forms_. + + Evidence. + +C. W. A. + CHARLES WILLIAM ALCOCK. (d. 1907). + Formerly Secretary of the Football Association, London. + + Football: _Association_ (_in part_). + +D. H. + DAVID HANNAY. + Formerly British Vice-Consul at Barcelona. Author of _Short + History of the Royal Navy_; _Life of Emilio Castelar_; &c. + + First of June, Battle of the; + Fox, Charles James. + +D. Mn. + REV. DUGALD MACFADYEN, M.A. + Minister of South Grove Congregational Church, Highgate. Director + of the London Missionary Society. + + Excommunication. + +D. N. P. + DIARMID NOEL PATON, M.D., F.R.C.P. (Edin.). + Regius Professor of Physiology in the University of Glasgow. + Formerly Superintendent of Research Laboratory of Royal College of + Physicians, Edinburgh. Biological Fellow of Edinburgh University, + 1884. Author of _Essentials of Human Physiology_; &c. + + Fever. + +D. S. M.* + DAVID SAMUEL MARGOLIOUTH, M.A., D.LITT. + Laudian Professor of Arabic, Oxford. Fellow of New College. Author + of _Arabic _Papyri of the Bodleian Library_; _Mohammed and the + Rise of Islam_; _Cairo, Jerusalem_ and Damascus_. + + Fatimites. + +E. B. + EDWARD BRECK, M.A., PH.D. + Formerly Foreign Correspondent of the _New York Herald_ and the + _New York Times_. Author of _Fencing_; _Wilderness Pets_; + _Sporting in Nova Scotia_; &c. + + Foil-fencing; + Football: _American_ (_in part_). + +E. Ca. + EGERTON CASTLE, M.A., F.S.A. + Trinity College, Cambridge. Author of _Schools and Masters of + Fence_; &c. + + Fencing. + +Ed. C.* + THE HON. EDWARD EVAN CHARTERIS. + Barrister-at-Law, Inner Temple. + + Fair (_in part_). + +E. C. B. + RT. REV. EDWARD CUTHBERT BUTLER, O.S.B., M.A., D.LITT. + Abbot of Downside Abbey, Bath. Author of "The Lausiac History of + Palladius," in _Cambridge Texts and Studies_, vol. vi. + + Fontevrault; + Francis of Assisi, St; + Francis of Paola, St. + +E. C. Q. + EDMUND CROSBY QUIGGIN, M.A. + Fellow and Lecturer in Modern Languages and Monro Lecturer in + Celtic, Gonville and Caius College, Cambridge. + + Finn mac Cool. + +E. D. R. + LIEUT.-COLONEL EMILIUS C. DELMÉ RADCLIFFE. + Author of _Falconry: Notes on the Falconidae used in India in + Falconry_. + + Falconry. + +E. E. A. + ERNEST E. AUSTEN. + Assistant in Department of Zoology, Natural History Museum, South + Kensington. + + Flea. + +E. E. H. + REV. EDWARD EVERETT HALE. + See the biographical article: HALE, E. E. + + Everett, Edward. + +E. G. + EDMUND GOSSE, LL.D. + See the biographical article: GOSSE, EDMUND. + + Ewald, Johannes; + Fabliau; + Fabre, Ferdinand; + Feuillet; + Finland: _Literature_; + FitzGerald, Edward; + Flaubert; + Flemish Literature; + Forssell. + +E. H. P. + EDWARD HENRY PALMER, M.A. + See the biographical article: PALMER, E. H. + + Firdousi (_in part_). + +E. K. + EDMUND KNECHT, PH.D., M.SC.TECH. (Manchester), F.I.C. + Professor of Technological Chemistry, Manchester University. Head + of Chemical Department, Municipal School of Technology, + Manchester. Examiner in Dyeing, City and Guilds of London + Institute. Author of _A Manual of Dyeing_; &c. Editor of _Journal + of the Society of Dyers and Colourists_. + + Finishing. + +E. M. Ha. + ERNEST MAES HARVEY. + Partner in Messrs. Allen Harvey & Ross, Bullion Brokers, London. + + Exchange. + +E. O.* + EDMUND OWEN, M.B., F.R.C.S., LL.D., D.SC. + Consulting Surgeon to St Mary's Hospital, London, and to the + Children's Hospital, Great Ormond Street, London. Chevalier of the + Legion of Honour. Late Examiner in Surgery at the University of + Cambridge, London and Durham. Author of _A Manual of Anatomy for + Senior Students_. + + Fistula. + +E. O. S. + EDWIN OTHO SACHS, F.R.S. (Edin.), A.M.INST.M.E. + Chairman of the British Fire Prevention Committee. Vice-President, + National Fire Brigades Union. Vice-President, International Fire + Service Council. Author of _Fires and Public Entertainments_; &c. + + Fire and Fire Extinction. + +E. Pr. + EDGAR PRESTAGE. + Special Lecturer in Portuguese Literature at the University of + Manchester. Commendador, Portuguese Order of S. Thiago. + Corresponding Member of Lisbon Royal Academy of Sciences and + Lisbon Geographical Society. + + Falcao; + Ferreira. + +E. Re. + ELISÉE RECLUS. + See the biographical article: RECLUS, J. J. E. + + Fire. + +E. Tn. + REV. ETHELRED LEONARD TAUNTON, (d. 1907). + Author of _The English Black Monks of St Benedict_; _History of + the Jesuits in England_. + + Feckenham; + Fisher, John. + +E. W. H. + ERNEST WILLIAM HOBSON, M.A., D.SC., F.R.S., F.R.A.S. + Fellow and Tutor in Mathematics, Christ's College, Cambridge. + Stokes Lecturer in Mathematics in the University. + + Fourier's Series. + +F. C. C. + FREDERICK CORNWALLIS CONYBEARE, M.A., D.TH. (Giessen). + Fellow of the British Academy. Formerly Fellow of University + College, Oxford. Author of _The Ancient Armenian Texts of + Aristotle_; _Myth, Magic and Morals_; &c. + + Extreme Unction. + +F. G. P. + FREDERICK GYMER PARSONS, F.R.C.S., F.Z.S., F.R.ANTHROP.INST. + Vice-President, Anatomical Society of Great Britain and Ireland. + Lecturer on Anatomy at St Thomas's Hospital and the London School + of Medicine for Women. Formerly Hunterian Professor at the Royal + College of Surgeons. + + Eye: _Anatomy_. + +F. J. H. + FRANCIS JOHN HAVERFIELD, M.A., LL.D., F.S.A. + Camden Professor of Ancient History in the University of Oxford. + Fellow of Brasenose College. Ford's Lecturer, 1906-1907. Fellow of + the British Academy. Author of Monographs on Roman History, + especially Roman Britain; &c. + + Fosse. + +F. J. W. + FREDERICK JOSEPH WALL, F.C.S. + Secretary to the Football Association. + + Football: _Association_ (_in part_). + +F. R. C. + FRANK R. CANA. + Author of _South Africa from the Great Trek to the Union_. + + France: _Colonies_. + +F. S. + FRANCIS STORR, M.A. + Editor of the _Journal of Education_, London. Officier d'Académie, + Paris. + + Fable. + +G. A. B. + GEORGE A. BOULENGER, D.SC., PH.D., F.R.S. + In charge of the Collections of Reptiles and Fishes, Department of + Zoology, British Museum. Vice-President of the Zoological Society + of London. + + Flat-fish. + +G. A. Be. + GEORGE ANDREAS BERRY, M.B., F.R.C.S., F.R.S. (Edin.). + Hon. Surgeon Oculist to His Majesty in Scotland. Formerly Senior + Ophthalmic Surgeon, Edinburgh Royal Infirmary, and Lecturer on + Ophthalmology in the University of Edinburgh. Vice-President, + Ophthalmological Society. Author of _Diseases of the Eye_; _The + Elements of Ophthalmoscopic Diagnosis_; _Subjective Symptoms in + Eye Diseases_; &c. + + Eye: _Diseases_. + +G. B. A. + GEORGE BURTON ADAMS, A.M., B.D., PH.D., LITT.D. + Professor of History, Yale University. Editor of _American + Historical Review_. Author of _Civilization during the Middle + Ages_; _Political History of England_, 1066-1216; &c. + + Feudalism. + +G. C. L. + GEORGE COLLINS LEVEY, C.M.G. + Member of Board of Advice to Agent-General of Victoria. Formerly + Editor and Proprietor of the _Melbourne Herald_. Secretary, + Colonial Committee of Royal Commission to Paris Exhibition, 1900. + Secretary, Adelaide Exhibition, 1887. Secretary, Royal Commission, + Hobart Exhibition, 1894-1895. Secretary to Commissioners for + Victoria at the Exhibitions in London, Paris, Vienna, Philadelphia + and Melbourne, 1873, 1876, 1878, 1880-1881. + + Exhibition. + +G. E. + REV. GEORGE EDMUNDSON, M.A., F.R.HIST.S. + Formerly Fellow and Tutor of Brasenose College, Oxford. Ford's + Lecturer, 1909. Hon. Member, Dutch Historical Society, and Foreign + Member, Netherlands Association of Literature. + + Flanders. + +G. F. Z. + GEORGE FREDERICK ZIMMER, A.M.INST.C.E. + Author of _Mechanical Handling of Material_. + + Flour and Flour Manufacture. + +G. G. P.* + GEORGE GRENVILLE PHILLIMORE, M.A., B.C.L. + Christ Church, Oxford. Barrister-at-Law, Middle Temple. + + Fishery, Law of. + +G. P. + GIFFORD PINCHOT, A.M., D.SC., LL.D. + Professor of Forestry, Yale University. Formerly Chief Forester, + U.S.A. President of the National Conservation Association. Member + of the Society of American Foresters, Royal English Arboricultural + Society, &c. Author of _The White Pine_; _A Primer of Forestry_; + &c. + + Forests and Forestry: _United States_. + +G. W. T. + REV. GRIFFITHS WHEELER THATCHER, M.A., B.D. + Warden of Camden College, Sydney, N.S.W. Formerly Tutor in Hebrew + and Old Testament History at Mansfield College, Oxford. + + Fairuzabadi; + Fakhr ud-Din Razi; + Farabi; + Farazdaq. + +H. B. S. + REV. HENRY BARCLAY SWETE, M.A., D.D., LITT.D. + Regius Professor of Divinity, Cambridge University. Fellow of + Gonville and Caius College, Cambridge. Fellow of King's College, + London. Fellow of British Academy. Hon. Canon of Ely Cathedral. + Author of _The Holy Spirit in the New Testament_; &c. + + Fathers of the Church. + +H. Ch. + HUGH CHISHOLM, M.A. + Formerly Scholar of Corpus Christi College, Oxford. Editor of the + 11th Edition of the _Encyclopaedia Britannica_; Co-Editor of the + 10th edition. + + Forster. + +H. De. + HIPPOLYTE DELEHAYE, S.J. + Assistant in the compilation of the Bollandist publications: + _Analecta Bollandiana_ and _Acta Sanctorum_. + + Fiacre, Saint; + Florian, Saint. + +H. F. G. + HANS FRIEDRICH GADOW, F.R.S., PH.D. + Strickland Curator and Lecturer on Zoology in the University of + Cambridge. Author of "Amphibia and Reptiles," in the _Cambridge + Natural History_. + + Flamingo. + +H. L. S. + H. LAWRENCE SWINBURNE (d. 1909). + + Flag. + +H. St. + HENRY STURT, M.A. + Author of _Idola Theatri_; _The Idea of a Free Church_; _Personal + Idealism_. + + Fechner; + Feuerbach, Ludwig A. + + +H. W. C. D. + HENRY WILLIAM CARLESS DAVIS, M.A. + Fellow and Tutor of Balliol College, Oxford. Fellow of All Souls' + College, Oxford, 1895-1902. Author of _England under the Normans + and Angevins_; _Charlemagne_. + + Fitz Neal; + Fitz Peter, Geoffrey; + Fitz Stephen, William; + Fitz Thedmar; + Flambard; + Florence of Worcester. + +H. W. S. + H. WICKHAM STEED. + Correspondent of _The Times_ at Vienna. Correspondent of _The + Times_ at Rome, 1897-1902. + + Fabrizi. + +I. A. + ISRAEL ABRAHAMS, M.A. + Reader in Talmudic and Rabbinic Literature, University of + Cambridge. President, Jewish Historical Society of England. Author + of _A Short History of Jewish Literature_; _Jewish Life in the + Middle Ages_. + + Exilarch; + Eybeschutz. + +J. A. C. + SIR JOSEPH ARCHER CROWE, K.C.M.G. + See the biographical article: CROWE, SIR JOSEPH A. + + Eyck, Van. + +J. A. H. + JOHN ALLEN HOWE, B.SC. + Curator and Librarian of the Museum of Practical Geology, London. + Author of _The Geology of Building Stones_. + + France: _Geology_. + +J. A. S. + JOHN ADDINGTON SYMONDS, LL.D. + See the biographical article: SYMONDS, JOHN A. + + Ficino; + Filelfo. + +J. B.* + JOSEPH BURTON. + Partner in Pilkington's Tile and Pottery Co., Clifton Junction, + Manchester. + + Firebrick (_in part_). + +J. B. P. + JAMES BELL PETTIGREW, M.D., LL.D., F.R.S., F.R.C.P. (Edin.) (1834-1908). + Chandos Professor of Medicine and Anatomy, University of St + Andrews, 1875-1908. Author of _Animal Locomotion_; &c. + + Flight and Flying (_in part_). + +J. Bt. + JAMES BARTLETT. + Lecturer on Construction, Architecture, Sanitation, Quantities, + &c., at King's College, London. Member of Society of Architects. + Member of Institute of Junior Engineers. + + Foundations. + +J. C. M. + JAMES CLERK MAXWELL, LL.D. + See the biographical article: MAXWELL, JAMES CLERK. + + Faraday. + +J. E. C. B. + JOHN EDWARD COURTENAY BODLEY, M.A. + Balliol College, Oxford. Corresponding Member of the Institute of + France. Author of _France_; _The Coronation of Edward VII._; &c. + + France: _History_, 1870-1910. + +J. E. P. W. + JOHN EDWARD POWER WALLIS, M.A. + Puisne Judge, Madras. Vice-Chancellor of Madras University. Inns + of Court Reader in Constitutional Law, 1892-1897. Formerly Editor + of _State Trials_. + + Extradition. + +J. F. St. + JOHN FREDERICK STENNING, M.A. + Dean and Fellow of Wadham College, Oxford. University Lecturer in + Aramaic. Lecturer in Divinity and Hebrew at Wadham College. + + Exodus, Book of. + +J. G. H. + JOSEPH G. HORNER, A.M.I.MECH.E. + Author of _Plating and Boiler Making_; _Practical Metal Turning_; + &c. + + Forging; + Founding. + +J. G. R. + JOHN GEORGE ROBERTSON, M.A., PH.D. + Professor of German at the University of London. Formerly Lecturer + on the English Language, Strassburg University. Author of _History + of German Literature_; &c. + + Fouqué, Baron. + +J. H. P.* + JOHN HUNGERFORD POLLEN, M.A. (d. 1908). + Formerly Professor of Fine Arts in Catholic University of Dublin. + Fellow of Merton College, Oxford. Cantor Lecturer, Society of + Arts, 1885. Author of _Ancient and Modern Furniture and Woodwork_; + _Ancient and Modern Gold and Silversmith's Work_; _The Trajan + Column_; &c. + + Fan. + +J. Hl. R. + JOHN HOLLAND ROSE, M.A., LITT.D. + Lecturer on Modern History to the Cambridge University Local + Lectures Syndicate. Author of _Life of Napoleon I._; _Napoleonic + Studies_; _The Development of the European Nations_; _The Life of + Pitt_; chapters in the _Cambridge Modern History_. + + Fouché. + +J. H. R. + JOHN HORACE ROUND, M.A., LL.D. (Edin.). + Author of _Feudal England_; _Studies in Peerage and Family + History_; _Peerage and Pedigree_; &c. + + Ferrers: _Family_; + Fitzgerald: _Family_. + +J. I. + JULES ISAAC. + Professor of History at the Lycée of Lyons. + + Francis I. of France. + +J. K. L. + SIR JOHN KNOX LAUGHTON, M.A., LITT.D. + Professor of Modern History, King's College, London. Secretary of + the Navy Records Society. Served in the Baltic, 1854-1855; in + China, 1856-1859. Mathematical and Naval Instructor, Royal Naval + College, Portsmouth, 1866-1873; Greenwich, 1873-1885. President, + Royal Meteorological Society, 1882-1884. Honorary Fellow, Gonville + and Caius College, Cambridge. Fellow, King's College, London. + Author of _Physical Geography in its Relation to the Prevailing + Winds and Currents_; _Studies in Naval History_; _Sea Fights and + Adventures_; &c. + + Farragut; + Fitzroy. + +J. L. B. + JULIAN LEVETT BAKER, F.I.C. + Analytical and Consulting Chemist. Examiner in Brewing to the City + and Guilds of London Institute, Department of Technology. Hon. + Secretary of the Institute of Brewing. Author of _The Brewing + Industry_; &c. + + Fermentation. + +J. Ma. + JOHN MACDONALD. + + Fair (_in part_). + +J. M. S. + JAMES MONTGOMERY STUART. + Author of _The History of Free Trade in Tuscany_; _Reminiscences + and Essays_. + + Foscolo. + +J. Pa. + JAMES PATON, F.L.S. + Superintendent of Museums and Art Galleries of Corporation of + Glasgow. Assistant in Museum of Science and Art, Edinburgh, + 1861-1876. President of Museums Association of United Kingdom, + 1896. Editor and part-author of _Scottish National Memorials_, + 1890. + + Feather (_in part_). + +J. P. E. + JEAN PAUL HIPPOLYTE EMMANUEL ADHÉMAR ESMEIN. + Professor of Law in the University of Paris. Officer of the Legion + of Honour. Member of the Institute of France. Author of _Cours + élémentaire d'histoire du droit français_; &c. + + France: _Law and Institutions_. + +J. R. C. + JOSEPH ROGERSON COTTER, M.A. + Assistant to the Professor of Natural and Experimental Philosophy, + Trinity College, Dublin. Editor of 2nd edition of Preston's + _Theory of Heat_. + + Fluorescence. + +J. R. F.* + JOSEPH R. FISHER. + Editor of the _Northern Whig_, Belfast. Author of _Finland and the + Tsars_; _Law of the Press_; &c. + + Finland. + +J. R. J. J. + JULIAN ROBERT JOHN JOCELYN. + Colonel, R.A. Formerly Commandant, Ordnance College; Member of + Ordnance Committee; Commandant, Schools of Gunnery. + + Fireworks: _History_. + +J. S. Bl. + REV. JOHN SUTHERLAND BLACK, M.A., LL.D. + Assistant Editor, 9th edition, _Encyclopaedia Britannica_. Joint + Editor of the _Encyclopaedia Biblica_. Translated Ritschl's + _Critical History of the Christian Doctrine of Justification and + Reconciliation_. + + Fasting; + Feasts and Festivals. + +J. S. F. + JOHN SMITH FLETT, D.SC, F.G.S. + Petrographer to the Geological Survey. Formerly Lecturer on + Petrology in Edinburgh University. Neill Medallist of the Royal + Society of Edinburgh. Bigsby Medallist of the Geological Society + of London. + + Felsite; + Flint. + +J. S. K. + JOHN SCOTT KELTIE, LL.D., F.S.S.. F.S.A. (Scot.). + Secretary, Royal Geographical Society. Knight of Swedish Order of + North Star. Commander of the Norwegian Order of St Olaf. Hon. + Member, Geographical Societies of Paris, Berlin, Rome, &c. Editor + of _Statesman's Year Book_. Editor of the _Geographical Journal_. + + Finland (_in part_); + Flinders. + +J. T. Be. + JOHN T. BEALBY. + Joint Author of Stanford's _Europe_. Formerly Editor of the + _Scottish Geographical Magazine_. Translator of Sven Hedin's + _Through Asia, Central Asia and Tibet_; &c. + + Fens; + Ferghana (_in part_). + +K. S. + KATHLEEN SCHLESINGER. + Author of _The Instruments of the Orchestra_. + + Fiddle; + Fife; + Flageolet; + Flute (_in part_). + +L. D.* + LOUIS DUCHESNE. + See the biographical article: DUCHESNE, L. M. O. + + Formosus. + +L. F. S. + LESLIE FREDERIC SCOTT, M.A., K.C.C. + Barrister-at-Law, Inner Temple. + + Factor. + +L. J. + LIEUT.-COLONEL LOUIS CHARLES JACKSON, R.E., C.M.G. + Assistant Director of Fortifications and Works, War Office. + Formerly Instructor in Fortification, R.M.A., Woolwich. Instructor + in Fortification and Military Engineering, School of Military + Engineering, Chatham + + Fortification and Siegecraft. + +L. V.* + LUIGI VILLARI. + Italian Foreign Office (Emigration Dept.). Formerly Newspaper + Correspondent in east of Europe. Italian Vice-Consul in New + Orleans, 1906; Philadelphia, 1907; Boston, U.S.A., 1907-1910. + Author of _Italian Life in Town and Country_; _Fire and Sword in + the Caucasus_; &c. + + Faliero; + Fanti, Manfredo; + Farini, Luigi Carlo; + Farnese: _Family_; + Ferdinand I. and IV. of Naples; + Ferdinand II. of the Two Sicilies; + Fiesco; Filangieri, C.; + Florence; + Foscari; + Fossombroni; + Francis II. of the Two Sicilies; + Francis IV. and V. of Modena. + +M. Ha. + MARCUS HARTOG, M.A., D.SC, F.L.S. + Professor of Zoology, University College, Cork. Author of + "Protozoa," in _Cambridge Natural History_; and papers for various + scientific journals. + + Flagellate; + Foraminifera. + +N. W. T. + NORTHCOTE WHITBRIDGE THOMAS, M.A. + Government Anthropologist to Southern Nigeria. Corresponding + Member of the Société d'Anthropologie de Paris. Author of _Thought + Transference_; _Kinship and Marriage in Australia_; &c. + + Faith Healing; + Fetishism; + Folklore. + +O. H.* + OTTO HEHNER, F.I.C., F.C.S. + Public Analyst. Formerly President of Society of Public Analysts. + Vice-President of Institute of Chemistry of Great Britain and + Ireland. Author of works on Butter Analysis; Alcohol Tables; &c. + + Food Preservation. + +O. M. + DAVID ORME MASSON, M.A., D.SC, F.R.S. + Professor of Chemistry, Melbourne University. Author of papers on + chemistry in the transactions of various learned societies. + + Fireworks: _Modern_. + +P. A. + PAUL DANIEL ALPHANDÉRY. + Professor of the History of Dogma, École Pratique des Hautes + Études, Sorbonne, Paris. Author of _Les Idées morales chez les + hétérodoxes latines au début du XIII^e siècle_. + + Flagellants. + +P. A. K. + PRINCE PETER ALEXEIVITCH KROPOTKIN. + See the biographical article: KROPOTKIN, P. A. + + Ferghana (_in part_); + Finland (_in part_). + +P. C. Y. + PHILIP CHESNEY YORKE, M.A. + Magdalen College, Oxford. + + Falkland; + Fanshaw; + Fawkes, Guy; + Fell, John; + Fortescue, Sir John. + +P. C. M. + PETER CHALMERS MITCHELL, F.R.S., F.Z.S., D.SC, LL.D. + Secretary to the Zoological Society of London. University + Demonstrator in Comparative Anatomy and Assistant to Linacre + Professor at Oxford, 1881-1891. Examiner in Zoology to the + University of London, 1903. Author of _Outlines of Biology_; &c. + + Evolution. + +P. G. K. + PAUL GEORGE KONODY. + Art Critic of the _Observer_ and the _Daily Mail_. Formerly Editor + of _The Artist_. Author of _The Art of Walter Crane_; _Velasquez, + Life and Work_; &c. + + Fiorenzo di Lorenzo; + Fragonard. + +P. J. H. + PHILIP JOSEPH HARTOG, M.A., L. ÈS SC. (Paris). + Academic Registrar of the University of London. Author of _The + Writing of English_, and articles in the Special Reports on + educational subjects of the Board of Education. + + Examinations (_in part_). + +P. W. + PAUL WIRIATH. + Director of the École Supérieure Pratique de Commerce et + d'Industrie, Paris. + + France: _History to_ 1870. + +R. Ad. + ROBERT ADAMSON, LL.D. + See the biographical article: ADAMSON, R. + + Fichte; + Fourier, F. C. M. + +R. A. S. M. + ROBERT ALEXANDER STEWART MACALISTER, M.A., F.S.A. + St John's College, Cambridge. Director of Excavations for the + Palestine Exploration Fund. + + Font. + +R. H. C. + REV. ROBERT HENRY CHARLES, M.A., D.D., D.LITT. (Oxon.). + Grinfield Lecturer and Lecturer in Biblical Studies, Oxford. + Fellow of the British Academy. Formerly Senior Moderator of + Trinity College, Dublin. Author and Editor of _Book of Enoch_; + _Book of Jubilees_; _Apocalypse of Baruch_; _Assumption of Moses_; + _Ascension of Isaiah_; _Testaments of the XII. Patriarchs_; &c. + + Ezra: _Third and Fourth Books of_. + + +R. J. M. + RONALD JOHN MCNEILL, M.A. + Christ Church, Oxford. Barrister-at-Law. Formerly Editor of the + _St James's Gazette_, London. + + Fenians; + Fitzgerald, Lord Edward; + Flood, Henry. + +R. L.* + RICHARD LYDEKKER, F.R.S., F.G.S., F.Z.S. + Member of the Staff of the Geological Survey of India, 1874-1882. + Author of _Catalogue of Fossil Mammals, Reptiles and Birds in + British Museum_; _The Deer of all Lands_; _The Game Animals of + Africa_; &c. + + Flying-Squirrel; Fox. + +R. N. B. + ROBERT NISBET BAIN (d. 1909). + Assistant Librarian, British Museum, 1883-1909. Author of + _Scandinavia: the Political History of Denmark, Norway and Sweden, + 1513-1900_; _The First Romanovs, 1613-1725_; _Slavonic Europe: the + Political History of Poland and Russia from 1469 to 1796_; &c. + + Fersen, Counts von. + +R. Po. + RENÉ POUPARDIN, D. ÈS L. + Secretary of the École des Chartes. Honorary Librarian at the + Bibliothèque Nationale, Paris. Author of _Le Royaume de Provence + sous les Carolingiens_; _Recueil des chartes de Saint-Germain_; + &c. + + Franche-Comté. + +R. P. S. + R. PHENÉ SPIERS, F.S.A., F.R.I.B.A. + Formerly Master of the Architectural School, Royal Academy, + London. Past President of Architectural Association. Associate and + Fellow of King's College, London. Corresponding Member of the + Institute of France. Editor of Fergusson's _History of + Architecture_. Author of _Architecture: East and West_; &c. + + Flute: _Architecture_. + +R. S. C. + ROBERT SEYMOUR CONWAY, M.A., D.LITT. (Cantab.). + Professor of Latin and Indo-European Philology in the University + of Manchester. Formerly Professor of Latin in University College, + Cardiff; and Fellow of Gonville and Caius College, Cambridge. + Author of _The Italic Dialects_. + + Falisci. + +R. Tr. + ROLAND TRUSLOVE, M.A. + Formerly Scholar of Christ Church, Oxford. Fellow, Dean and + Lecturer in Classics at Worcester College, Oxford. + + France: _Statistics_. + +S. A. C. + STANLEY ARTHUR COOK, M.A. + Editor for Palestine Exploration Fund. Lecturer in Hebrew and + Syriac, and formerly Fellow, Gonville and Caius College, + Cambridge. Examiner in Hebrew and Aramaic, London University, + 1904-1908. Author of _Glossary of Aramaic Inscriptions_; _The Laws + of Moses and the Code of Hammurabi_; _Critical Notes on Old + Testament History_; _Religion of Ancient Palestine_; &c. + + Exodus, The; + Ezra and Nehemiah, Books of. + +S. C. + SIDNEY COLVIN, LL.D. + See the biographical article: COLVIN, S. + + Fine Arts; + Finiguerra; + Flaxman. + +St C. + VISCOUNT ST CYRES. + See the biographical article: IDDESLEIGH, 1ST EARL OF + + Fénelon. + +S. E. B. + HON. SIMEON EBEN BALDWIN, M.A., LL.D. + Professor of Constitutional and Private International Law in Yale + University. Director of the Bureau of Comparative Law of the + American Bar Association. Formerly Chief Justice of Connecticut. + Author of _Modern Political Institutions_; _American Railroad + Law_; &c. + + Extradition: U.S.A. + +S. E. S.-R. + STEPHEN EDWARD SPRING-RICE, M.A., C.B. (1856-1902). + Formerly Principal Clerk, H.M. Treasury, and Auditor of the Civil + List. Fellow of Trinity College, Cambridge. + + Exchequer (_in part_). + +T. A. I. + THOMAS ALLAN INGRAM, M.A., LL.D. + Trinity College, Dublin. + + Explosives: _Law_. + +T. As. + THOMAS ASHBY, M.A., D.LITT. (Oxon.), F.S.A. + Director of British School of Archaeology at Rome. Formerly + Scholar of Christ Church, Oxford. Craven Fellow, 1897. + Corresponding Member of the Imperial German Archaeological + Institute. Author of the _Classical Topography of the Roman + Campagna_; &c. + + Faesulae; + Falerii; + Falerio; + Fanum Fortunae; + Ferentino; + Fermo; + Flaminia Via; + Florence: _Early History_; + Fondi; + Fonni; + Forum Appii. + +T. Ba. + SIR THOMAS BARCLAY, M.P. + Member of the Institute of International Law. Member of the + Supreme Council of the Congo Free State. Officer of the Legion of + Honour. Author of _Problems of International Practice and + Diplomacy_; &c. M.P. for Blackburn, 1910. + + Exterritoriality. + +T. H. H.* + SIR THOMAS HUNGERFORD HOLDICH, K.C.M.G., K.C.I.E., D.SC., F.R.G.S. + Colonel in the Royal Engineers. Superintendent, Frontier Surveys, + India, 1892-1898. Gold Medallist, R.G.S., London, 1887. H.M. + Commissioner for the Persia-Beluch Boundary, 1896. Author of _The + Indian Borderland_; _The Gates of India_; &c. + + Everest, Mount. + +T. K. C. + REV. THOMAS KELLY CHEYNE, D.D. + See the biographical article: CHEYNE, T. K. + + Eve (_in part_). + +T. Se. + THOMAS SECCOMBE, M.A. + Lecturer in History, East London and Birkbeck Colleges, University + of London. Stanhope Prizeman, Oxford, 1887. Formerly Assistant + Editor of _Dictionary of National Biography_, 1891-1901. + Joint-author of _The Bookman History of English Literature_. + Author of _The Age of Johnson_; &c. + + Fawcett, Henry. + +T. Wo. + THOMAS WOODHOUSE. + Head of Weaving and Textile Designing Department, Technical + College, Dundee. + + Flax. + +V. M. + VICTOR CHARLES MAHILLON. + Principal of the Conservatoire Royal de Musique at Brussels. + Chevalier of the Legion of Honour. + + Flute (_in part_). + +W. A. B. C. + REV. WILLIAM AUGUSTUS BREVOORT COOLIDGE, M.A., F.R.G.S., Ph.D. (Bern). + Fellow of Magdalen College, Oxford. Professor of English History, + St David's College, Lampeter, 1880-1881. Author of _Guide to + Switzerland_; _The Alps in Nature and in History_; &c. Editor of + the _Alpine Journal_, 1880-1889. + + Feldkirch. + +W. A. P. + WALTER ALISON PHILLIPS, M.A. + Formerly Exhibitioner of Merton College and Senior Scholar of St + John's College, Oxford. Author of _Modern Europe_; &c. + + Excellency; + Faust; + Febronianism. + +W. B.* + WILLIAM BURTON, M.A., F.C.S. + Chairman, Joint Committee of Pottery Manufacturers of Great + Britain. Author of _English Stoneware and Earthenware_; &c. + + Firebrick (_in part_). + +W. Ca. + WALTER CAMP, A.M. + Member of Yale University Council. Author of _American Football_; + _Football Facts and Figures_; &c. + + Football: _American_ (_in part_). + +W. Ga. + WALTER GARSTANG, M.A., D.SC. + Professor of Zoology at the University of Leeds. Scientific + Adviser to H.M. Delegates on the International Council for the + Exploration of the Sea, 1901-1907. Formerly Fellow of Lincoln + College, Oxford. Author of _The Races and Migrations of the + Mackerel_; _The Impoverishment of the Sea_; &c. + + Fisheries. + +W. He. + WALTER HEPWORTH. + Formerly Commissioner of the Council of Education, Science and Art + Department, South Kensington. + + Fool. + +W. M. R. + WILLIAM MICHAEL ROSSETTI. + See the biographical article: ROSSETTI, DANTE G. + + Ferrari, Gaudenzio; + Fielding, Copley; + Franceschi, Piero; + Francia. + + +W. P. P. + WILLIAM PLANE PYCRAFT, F.Z.S. + Assistant in the Zoological Department, British Museum. Formerly + Assistant Linacre Professor of Comparative Anatomy, Oxford. + Vice-President of the Selborne Society. Author of _A History of + Birds_; &c. + + Feather (_in part_). + +W. N. S. + WILLIAM NAPIER SHAW, M.A., LL.D., D.SC, F.R.S. + Director of the Meteorological Office. Reader in Meteorology in + the University of London. President of Permanent International + Meteorological Committee. Member of Meteorological Council, + 1897-1905. Hon. Fellow of Emmanuel College, Cambridge. Fellow of + Emmanuel College, 1877-1899; Senior Tutor, 1890-1899. Joint Author + of _Text Book of Practical Physics_; &c. + + Fog. + +W. P. R. + HON. WILLIAM PEMBER REEVES. + Director of London School of Economics. Agent-General and High + Commissioner for New Zealand, 1896-1909. Minister of Education, + Labour and Justice, New Zealand, 1891-1896. Author of _The Long + White Cloud, a History of New Zealand_; &c. + + Fox, Sir William. + +W. R. S. + WILLIAM ROBERTSON SMITH, LL.D. + See the biographical article: SMITH, W. R. + + Eve (_in part_). + +W. R. E. H. + WILLIAM RICHARD EATON HODGKINSON, PH.D., F.R.S. + Professor of Chemistry and Physics, Ordnance College, Woolwich. + Formerly Professor of Chemistry and Physics, R.M.A., Woolwich. + Part Author of Valentin-Hodgkinson's _Practical Chemistry_; &c. + + Explosives. + +W. Sch. + SIR WILHELM SCHLICH, K.C.I.E., M.A., PH.D., F.R.S., F.L.S. + Professor of Forestry at the University of Oxford. Hon. Fellow of + St John's College. Author of _A Manual of Forestry_; _Forestry in + the United Kingdom_; _The Outlook of the World's Timber Supply_; + &c. + + Forests and Forestry. + +W. W. F.* + WILLIAM WARDE FOWLER, M.A. + Fellow of Lincoln College, Oxford. Sub-rector, 1881-1904. Gifford + Lecturer, Edinburgh University, 1908. Author of _The City-State of + the Greeks and Romans_; _The Roman Festivals of the Republican + Period_; &c. + + Fortuna. + +W. W. R.* + WILLIAM WALKER ROCKWELL, LIC. THEOL. + Assistant Professor of Church History, Union Theological Seminary, + New York. Author of _Die Doppelehe des Landgrafen Philipp von + Hessen_. + + Ferrara-Florence, Council of. + + + + +Principal Unsigned Articles + + Evil Eye. Fault. Fig. Fontenoy. + Excise. Federal Government. Filigree. Foot and Mouth + Execution. Federalist Party. Fir. Disease. + Executors and Fehmic Courts. Fives. Forest Laws. + Administrators. Felony. Fleurus. Forfarshire. + Exeter. Fez. Florida. Forgery. + Exile. Fezzan. Foix. Formosa. + Eylau. Fictions. Fold. Foundling + Famine. Fife. Fontenelle. Hospitals. + Fountain. + + +FOOTNOTE: + + [1] A complete list, showing all individual contributors, appears in + the final volume. + + + + +ENCYCLOPÆDIA BRITANNICA + +ELEVENTH EDITION + +VOLUME X + + +EVANGELICAL CHURCH CONFERENCE, a convention of delegates from the +different Protestant churches of Germany. The conference originated in +1848, when the general desire for political unity made itself felt in +the ecclesiastical sphere as well. A preliminary meeting was held at +Sandhof near Frankfort in June of that year, and on the 21st of +September some five hundred delegates representing the Lutheran, the +Reformed, the United and the Moravian churches assembled at Wittenberg. +The gathering was known as _Kirchentag_ (church diet), and, while +leaving each denomination free in respect of constitution, ritual, +doctrine and attitude towards the state, agreed to act unitedly in +bearing witness against the non-evangelical churches and in defending +the rights and liberties of the churches in the federation. The +organization thus closely resembles that of the Free Church Federation +in England. The movement exercised considerable influence during the +middle of the 19th century. Though no _Kirchentag_, as such, has been +convened since 1871, its place has been taken by the _Kongress für +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 £17 a year, supplemented by a little tract-selling, he built +up a strong Baptist community, modelling his organization to some extent +on that of the 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 Göttingen. 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: Zôê]), once favoured by +Robertson Smith, is at any rate unsuitable in a popular story. +Wellhausen and Nöldeke 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._ §53; +cf. _Quaest. in Gen._ lib. i. §25), who borrows the idea, and almost the +words, of the myth related by Aristophanes in the Platonic _Symposium_ +(189 D, 190 A), which, in extravagant form, explains the passion of love +by the legend that male and female originally formed one body. + +[A recent 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 Parsí +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, §16) 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. Schöpfungsberichte" (_Archiv für + Religionswissenschaft_, ix. 171 ff.). + + [4] Spiegel, _Erânische 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° 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 £3500, and after the Restoration his +possession was secured. Here his wife joined him, their eldest son, +Richard, being born in August 1652. Under the Commonwealth Evelyn amused +himself with his favourite occupation of gardening, and made many +friends among the scientific inquirers of the time. He was one of the +promoters of the scheme for the Royal Society, and in the king's charter +in 1662 was nominated a member of its directing council. 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 Naudé; _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 + Fréart; _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, 11½° in +length, is accounted as unrivalled in the annals of the science. In +great part the Indian survey is what he made it. + + His works are purely professional:--A paper in vol. i. of the _Memoirs + of the Royal Astronomical Society_, pointing out a mistake in La + Caille's measurement of an arc of the meridian which he had discovered + during sick-leave at the Cape of Good Hope; _An account of the + measurement of the arc of the meridian between the parallels of 18° 3' + and 24° 7', being a continuation of the Grand Meridional Arc of India, + as detailed by Lieut.-Col. Lambton in the volumes of the Asiatic + Society of Calcutta_ (London, 1830); _An account of the measurement of + two sections of the Meridional Arc of India bounded by the parallels + of 18° 3' 15", 24° 7' 11", and 20° 30' 48"_ (London, 1847). + + + + +EVEREST, MOUNT, the highest mountain in the world. It is a peak of the +Himalayas situated in Nepal almost precisely on the intersection of the +meridian 87 E. long. with the parallel 28 N. lat. Its elevation as at +present determined by 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 _chargé 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, Legaré, 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 5½ to 6½ 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 _enquête_. 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 _enquête_, +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 très singulier dans les preuves +par témoins. On admet ailleurs des demi-preuves, ... mais à Toulouse on +admet des quarts et des huitièmes 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 _Traité des preuves judiciaires_, which was +published in 1823. The manuscript of the _Rationale_ was edited for +English reading, and to a great extent rewritten, by J.S. Mill, and was +published in five volumes in 1827. The book had a great effect both in +England and on the continent. The English version, though crabbed and +artificial in style, and unmeasured in its invective, is a storehouse of +comments and criticisms on the principles of evidence and the practice +of the courts, which are always shrewd and often profound. Bentham +examined the practice of the courts by the light of practical utility. +Starting from the principle that the object of judicial evidence is the +discovery of truth, he condemned the rules which excluded some of the +best sources of evidence. The most characteristic feature of the +common-law rules of evidence was, as Bentham pointed out, and, indeed, +still is, their exclusionary character. They excluded and prohibited the +use of certain kinds of evidence which would be used in ordinary +inquiries. In particular, they disqualified certain classes of witnesses +on the ground of interest in the subject-matter of the inquiry, instead +of treating the interest of the witness as a matter affecting his +credibility. It was against this confusion between competency and +credibility that Bentham directed his principal attack. He also attacked +the system of paper evidence, evidence by means of affidavits instead of +by oral testimony in court, which prevailed in the court of chancery, +and in ecclesiastical courts. Subsequent legislation has endorsed his +criticisms. The Judicature Acts have reduced the use of affidavits in +chancery proceedings within reasonable limits. A series of acts of +parliament have removed, step by step, almost all the disqualifications +which formerly made certain witnesses incompetent to testify. + +Before Bentham's work appeared, an act of 1814 had removed the +incompetency of ratepayers as witnesses in certain cases relating to +parishes. The Civil Procedure Act 1833 enacted that a witness should not +be objected to as incompetent, solely on the ground that the verdict or +judgment would be admissible in evidence for or against him. An act of +1840 removed some doubts as to the competency of ratepayers to give +evidence in matters relating to their parish. The Evidence Act 1843 +enacted broadly that witnesses should not be excluded from giving +evidence by reason of incapacity from crime or interest. The Evidence +Act 1851 made parties to legal proceedings admissible witnesses subject +to a proviso that "nothing herein contained shall render any person who +in any criminal proceeding is charged with the commission of any +indictable offence, or any offence punishable on summary conviction, +competent or compellable to give evidence for or against himself or +herself, or shall render any person compellable to answer any question +tending to criminate himself or herself, or shall in any criminal +proceeding render any husband competent or compellable to give evidence +for or against his wife, or any wife competent or compellable to give +evidence for or against her husband." The Evidence (Scotland) Act 1853 +made a similar provision for Scotland. The Evidence Amendment Act 1853 +made the husbands and wives of parties admissible witnesses, except that +husbands and wives could not give evidence for or against each other in +criminal proceedings or in proceedings for adultery, and could not be +compelled to disclose communications made to each other during marriage. +Under the Matrimonial Causes Act 1857 the petitioner can be examined and +cross-examined on oath at the hearing, but is not bound to answer any +question tending to show that he or she has been guilty of adultery. +Under the Matrimonial Causes Act 1859, on a wife's petition for +dissolution of marriage on the ground of adultery coupled with cruelty +or desertion, husband and wife are competent and compellable to give +evidence as to the cruelty or desertion. The Crown Suits &c. Act 1865 +declared that revenue proceedings were not to be treated as criminal +proceedings for the purposes of the acts of 1851 and 1853. The Evidence +Further Amendment Act 1869 declared that parties to actions for breach +of promise of marriage were competent to give evidence in the action, +subject to a proviso that the plaintiff should not recover unless his or +her testimony was corroborated by some other material evidence. It also +made the parties to proceedings instituted in consequence of adultery, +and their husbands and wives, competent to give evidence, but a witness +in any such proceeding, whether a party or not, is not to be liable to +be asked or bound to answer any question tending to show that he or she +has been guilty of adultery, unless the witness has already given +evidence in the same proceeding in disproof of the alleged adultery. +There are similar provisions applying to Scotland in the Conjugal Rights +(Scotland) Amendment Act 1861, and the Evidence Further Amendment +(Scotland) Act 1874. The Evidence Act 1877 enacts that "on the trial of +any indictment or other proceeding for the non-repair of any public +highway or bridge, or for a nuisance to any public highway, river, or +bridge, and of any other indictment or proceeding instituted for the +purpose of trying or enforcing a civil right only, every defendant to +such indictment or proceeding, and the wife or husband of any such +defendant shall be admissible witnesses and compellable to give +evidence." From 1872 onwards numerous enactments were passed making +persons charged with particular offences, and their husbands and wives, +competent witnesses. The language and effect of these enactments were +not always the same, but the insertion of some provision to this effect +in an act creating a new offence, especially if it was punishable by +summary proceedings, gradually became almost a common form in +legislation. In the year 1874 a bill to generalize these particular +provisions, and to make the evidence of persons charged with criminal +offences admissible in all cases was introduced by Mr Gladstone's +government, and was passed by the standing committee of the House of +Commons. During the next fourteen years bills for the same purpose were +repeatedly introduced, either by the government of the day, or by Lord +Bramwell as an independent member of the House of Lords. Finally the +Criminal Evidence Act 1898, introduced by Lord Halsbury, has enacted in +general terms that "every person charged with an offence, and the wife +or husband, as the case may be, of the person so charged, shall be a +competent witness for the defence at every stage of the proceedings, +whether the person so charged is charged solely or jointly with any +other person." But this general enactment is qualified by some special +restrictions, the nature of which will be noticed below. The act applies +to Scotland but not to Ireland. It was not to apply to proceedings in +courts-martial unless so applied by general orders or rules made under +statutory authority. The provisions of the act have been applied by +rules to military courts-martial, but have not yet been applied to naval +courts-martial. The removal of disqualifications for want of religious +belief is referred to below under the head of "Witnesses." + + + Literature. + + The act of 1898 finishes for the present the history of English + legislation on evidence. For a view of the legal literature on the + subject it is necessary to take a step backwards. Early in the 19th + century Chief Baron Gilbert was superseded as an authority on the + English law of evidence by the books of Phillips (1814) and Starkie + (1824), who were followed by Roscoe (_Nisi Prius_, 1827; Criminal + Cases, 1835), Greenleaf (American, 1842), Taylor (based on Greenleaf, + 1848), and Best (1849). In 1876 Sir James FitzJames Stephen brought + out his _Digest of the Law of Evidence_, based upon the Indian + Evidence Act 1872, which he had prepared and passed as law member of + the council of the governor-general of India. This Digest obtained a + rapid and well-deserved success, and has materially influenced the + form of subsequent writings on the English law of evidence. It sifted + out what Stephen conceived to be the main rules of evidence from the + mass of extraneous matter in which they had been embedded. Roscoe's + Digests told the lawyer what things must be proved in order to sustain + particular actions or criminal charges, and related as much to + pleadings and to substantive law as to evidence proper. Taylor's two + large volumes were a vast storehouse of useful information, but his + book was one to consult, not to master. Stephen eliminated much of + this extraneous matter, and summed up his rules in a series of + succinct propositions, supplemented by apt illustrations, and couched + in such a form that they could be easily read and remembered. Hence + the English Digest, like the Indian Act, has been of much educational + value. Its most original feature, but unfortunately also its weakest + point, is its theory of relevancy. Pondering the multitude of + "exclusionary" rules which had been laid down by the English courts, + Stephen thought that he had discovered the general principle on which + those rules reposed, and could devise a formula by which the principle + could be expressed. "My study of the subject," he says, "both + practically and in books has convinced me that the doctrine that all + facts in issue and relevant to the issue, and no others, may be + proved, is the unexpressed principle which forms the centre of and + gives unity to all the express negative rules which form the great + mass of the law." The result was the chapter on the relevancy of facts + in the Indian Evidence Act, and the definition of relevancy in s. 7 of + that act. This definition was based on the view that a distinction + could be drawn between things which were and things which were not + causally connected with each other, and that relevancy depended on + causal connexion. Subsequent criticism convinced Stephen that his + definition was in some respects too narrow and in others too wide, and + eventually he adopted a definition out of which all reference to + causality was dropped. But even in their amended form the provisions + about relevancy are open to serious criticism. The doctrine of + relevancy, i.e. of the probative effect of facts, is a branch of + logic, not of law, and is out of place both in an enactment of the + legislature and in a compendium of legal rules. The necessity under + which Stephen found himself of extending the range of relevant facts + by making it include facts "deemed to be relevant," and then narrowing + it by enabling the judge to exclude evidence of facts which are + relevant, illustrates the difference between the rules of logic and + the rules of law. Relevancy is one thing; admissibility is another; + and the confusion between them, which is much older than Stephen, is + to be regretted. Rightly or wrongly English judges have, on practical + grounds, declared inadmissible evidence of facts, which are relevant + in the ordinary sense of the term, and which are so treated in + non-judicial inquiries. Under these circumstances the attempt so to + define relevancy as to make it conterminous with admissibility is + misleading, and most readers of Stephen's Act and Digest would find + them more intelligible and more useful if "admissible" were + substituted for "relevant" throughout. Indeed it is hardly too much to + say that Stephen's doctrine of relevancy is theoretically unsound and + practically useless. The other parts of the work contain terse and + vigorous statements of the law, but a Procrustean attempt to make + legal rules square with a preconceived theory has often made the + language and arrangement artificial, and the work, in spite of its + compression, still contains rules which, under a more scientific + treatment, would find their appropriate place in other branches of the + law. These defects are characteristic of a strong and able man, who + saw clearly, and expressed forcibly what he did see, but was apt to + ignore or to deny the existence of what he did not see, whose mind was + vigorous rather than subtle or accurate, and who, in spite of his + learning, was somewhat deficient in the historical sense. But + notwithstanding these defects, the conspicuous ability of the author, + his learning, and his practical experience, especially in criminal + cases, attach greater weight to FitzJames Stephen's statements than to + those of any other English writer on the law of evidence. + + + Rules. + +The object of every trial is, or may be, to determine two classes of +questions or issues, which are usually distinguished as questions of +law, and questions of fact, although the distinction between them is not +so clear as might appear on a superficial view. In a trial by jury these +two classes of questions are answered by different persons. The judge +lays down the law. The jury, under the guidance of the judge, find the +facts. It was with reference to trial by jury that the English rules of +evidence were originally framed; it is by the peculiarities of this form +of trial that many of them are to be explained; it is to this form of +trial alone that some of the most important of them are exclusively +applicable. The negative, exclusive, or exclusionary rules which form +the characteristic features of the English law of evidence, are the +rules in accordance with which the judge guides the jury. There is no +difference of principle between the method of inquiry in judicial and in +non-judicial proceedings. In either case a person who wishes to find out +whether a particular event did or did not happen, tries, in the first +place, to obtain information from persons who were present and saw what +happened (direct evidence), and, failing this, to obtain information +from persons who can tell him about facts from which he can draw an +inference as to whether the event did or did not happen (indirect +evidence). But in judicial inquiries the information given must be given +on oath, and be liable to be tested by cross-examination. And there are +rules of law which exclude from the consideration of the jury certain +classes of facts which, in an ordinary inquiry, would, or might, be +taken into consideration. Facts so excluded are said to be "not +admissible as evidence," or "not evidence," according as the word is +used in the wider or in the narrower sense. And the easiest way of +determining whether a fact is or is not evidence in the narrower sense, +is first to consider whether it has any bearing on the question to be +tried, and, if it has, to consider whether it falls within any one or +more of the rules of exclusion laid down by English law. These rules of +exclusion are peculiar to English law and to systems derived from +English law. They have been much criticized, and some of them have been +repealed or materially modified by legislation. Most of them may be +traced to directions given by a judge in the course of trying a +particular case, given with special reference to the circumstances of +that case, but expressed in general language, and, partly through the +influence of text-writers, eventually hardened into general rules. In +some cases their origin is only intelligible by reference to obsolete +forms of pleading or practice. But in most cases they were originally +rules of convenience laid down by the judge for the assistance of the +jury. The judge is a man of trained experience, who has to arrive at a +conclusion with the help of twelve untrained men, and who is naturally +anxious to keep them straight, and give them every assistance in his +power. The exclusion of certain forms of evidence assists the jury by +concentrating their attention on the questions immediately before them, +and by preventing them from being distracted or bewildered by facts +which either have no bearing on the question before them, or have so +remote a bearing on those questions as to be practically useless as +guides to the truth. It also prevents a jury from being misled by +statements the effect of which, through the prejudice they excite, is +out of all proportion to their true weight. In this respect the rules of +exclusion may be compared to blinkers, which keep a horse's eyes on the +road before him. In criminal cases the rules of exclusion secure fair +play to the accused, because he comes to the trial prepared to meet a +specific charge, and ought not to be suddenly confronted by statements +which he had no reason to expect would be made against him. They protect +absent persons against statements affecting their character. And lastly +they prevent the infinite waste of time which would ensue in the +discussion of a question of fact if an inquiry were allowed to branch +out into all the subjects with which that fact is more or less +connected. The purely practical grounds on which the rules are based, +according to the view of a great judge, may be illustrated by some +remarks of Mr Justice Willes (1814-1872). In discussing the question +whether evidence of the plaintiff's conduct on other occasions ought to +be admitted, he said:-- + + "It is not easy in all cases to draw the line and to define with + accuracy where probability ceases and speculation begins; but we are + bound to lay down the rule to the best of our ability. No doubt the + rule as to confining the evidence to that which is relevant and + pertinent to the issue is one of great importance, not only as regards + the particular case, but also with reference to saving the time of the + court, and preventing the minds of the jury from being drawn away from + the real point they have to decide.... Now it appears to me that the + evidence proposed to be given in this case, if admitted, would not + have shown that it was more probable that the contract was subject to + the condition insisted upon by the defendant. The question may be put + thus, Does the fact of a person having once or many times in his life + done a particular act in a particular way make it more probable that + he has done the same thing in the same way upon another and different + occasion? To admit such speculative evidence would, I think, be + fraught with great danger.... If such evidence were held admissible it + would be difficult to say that the defendant might not in any case, + where the question was whether or not there had been a sale of goods + on credit, call witnesses to prove that the plaintiff had dealt with + other persons upon a certain credit; or, in an action for an assault, + that the plaintiff might not give evidence of former assaults + committed by the defendant upon other persons, or upon other persons + of a particular class, for the purpose of showing that he was a + quarrelsome individual, and therefore that it was highly probable that + the particular charge of assault was well founded. The extent to which + this sort of thing might be carried is inconceivable.... To obviate + the prejudices, the injustice, and the waste of time to which the + admission of such evidence would lead, and bearing in mind the extent + to which it might be carried, and that litigants are mortal, it is + necessary not only to adhere to the rule, but to lay it down strictly. + I think, therefore, the fact that the plaintiff had entered into + contracts of a particular kind with other persons on other occasions + could not be properly admitted in evidence where no custom of trade + to make such contracts, and no connexion between such and the one in + question, was shown to exist" (_Hollingham v. Head_, 1858, 4 C.B. N.S. + 388). + +There is no difference between the principles of evidence in civil and +in criminal cases, although there are a few special rules, such as those +relating to confessions and to dying declarations, which are only +applicable to criminal proceedings. But in civil proceedings the issues +are narrowed by mutual admissions of the parties, more use is made of +evidence taken out of court, such as affidavits, and, generally, the +rules of evidence are less strictly applied. It is often impolitic to +object to the admission of evidence, even when the objection may be +sustained by previous rulings. The general tendency of modern procedure +is to place a more liberal and less technical construction on rules of +evidence, especially in civil cases. In recent volumes of law reports +cases turning on the admissibility of evidence are conspicuous by their +rarity. Various causes have operated in this direction. One of them has +been the change in the system of pleading, under which each party now +knows before the actual trial the main facts on which his opponent +relies. Another is the interaction of chancery and common-law practice +and traditions since the Judicature Acts. In the chancery courts the +rules of evidence were always less carefully observed, or, as +Westminster would have said, less understood, than in the courts of +common law. A judge trying questions of fact alone might naturally think +that blinkers, though useful for a jury, are unnecessary for a judge. +And the chancery judge was apt to read his affidavits first, and to +determine their admissibility afterwards. In the meantime they had +affected his mind. + +The tendency of modern text-writers, among whom Professor J.B. Thayer +(1831-1902), of Harvard, was perhaps the most independent, instructive +and suggestive, is to restrict materially the field occupied by the law +of evidence, and to relegate to other branches of the law topics +traditionally treated under the head of evidence. Thus in every way the +law of evidence, though still embodying some principles of great +importance, is of less comparative importance as a branch of English law +than it was half a century ago. Legal rules, like dogmas, have their +growth and decay. First comes the judge who gives a ruling in a +particular case. Then comes the text-writer who collects the scattered +rulings, throws them into the form of general propositions, connects +them together by some theory, sound or unsound, and often ignores or +obscures their historical origin. After him comes the legislator who +crystallizes the propositions into enactments, not always to the +advantage of mankind. So also with decay. Legal rules fall into the +background, are explained away, are ignored, are denied, are overruled. +Much of the English law of evidence is in a stage of decay. + +The subject-matter of the law of evidence may be arranged differently +according to the taste or point of view of the writer. It will be +arranged here under the following heads:--I. Preliminary Matter; II. +Classes of Evidence; III. Rules of Exclusion; IV. Documentary Evidence; +V. Witnesses. + + +I. PRELIMINARY MATTER + +Under this head may be grouped certain principles and considerations +which limit the range of matters to which evidence relates. + +1. _Law and Fact._--Evidence relates only to facts. It is therefore +necessary to touch on the distinction between law and facts. _Ad +quaestionem facti non respondent judices; ad quaestionem juris non +respondent juratores._ Thus Coke, attributing, after his wont, to +Bracton a maxim which may have been invented by himself. The maxim +became the subject of political controversy, and the two rival views are +represented by Pulteney's lines-- + + "For twelve honest men have decided the cause + Who are judges alike of the facts and the laws," + +and by Lord Mansfield's variant-- + + "Who are judges of facts, but not judges of laws." + +The particular question raised with respect to the law of libel was +settled by Fox's Libel Act 1792. Coke's maxim describes in a broad +general way the distinction between the functions of the judge and of +the jury, but is only true subject to important qualifications. Judges +in jury cases constantly decide what may be properly called questions of +fact, though their action is often disguised by the language applied or +the procedure employed. Juries, in giving a general verdict, often +practically take the law into their own hands. The border-line between +the two classes of questions is indicated by the "mixed questions of law +and fact," to use a common phrase, which arise in such cases as those +relating to "necessaries," "due diligence," "negligence," +"reasonableness," "reasonable and probable cause." In the treatment of +these cases the line has been drawn differently at different times, and +two conflicting tendencies are discernible. On the one hand, there is +the natural tendency to generalize common inferences into legal rules, +and to fix legal standards of duty. On the other hand, there is the +sound instinct that it is a mistake to define and refine too much in +these cases, and that the better course is to leave broadly to the jury, +under the general guidance of the judge, the question what would be done +by the "reasonable" or "prudent" man in particular cases. The latter +tendency predominates in modern English law, and is reflected by the +enactments in the recent acts codifying the law on bills of exchange and +sale of goods, that certain questions of reasonableness are to be +treated as questions of fact. On the same ground rests the dislike to +limit the right of a jury to give a general verdict in criminal cases. +Questions of custom begin by being questions of fact, but as the custom +obtains general recognition it becomes law. Many of the rules of the +English mercantile law were "found" as customs by Lord Mansfield's +special juries. Generally, it must be remembered that the jury act in +subordinate co-operation with the judge, and that the extent to which +the judge limits or encroaches on the province of the jury is apt to +depend on the personal idiosyncrasy of the judge. + +2. _Judicial Notice._--It may be doubted whether the subject of judicial +notice belongs properly to the law of evidence, and whether it does not +belong rather to the general topic of legal or judicial reasoning. +Matters which are the subject of judicial notice are part of the +equipment of the judicial mind. It would be absurd to require evidence +of every fact; many facts must be assumed to be known. The judge, like +the juryman, is supposed to bring with him to the consideration of the +question which he has to try common sense, a general knowledge of human +nature and the ways of the world, and also knowledge of things that +"everybody is supposed to know." Of such matters judicial notice is said +to be taken. But the range of general knowledge is indefinite, and the +range of judicial notice has, for reasons of convenience, been fixed or +extended, both by rulings of the judges and by numerous enactments of +the legislature. It would be impossible to enumerate here the matters of +which judicial notice must or may be taken. These are to be found in the +text-books. For present purposes it must suffice to say that they +include not only matters of fact of common and certain knowledge, but +the law and practice of the courts, and many matters connected with the +government of the country. + +3. _Presumptions._--A presumption in the ordinary sense is an inference. +It is an argument, based on observation, that what has happened in some +cases will probably happen in others of the like nature. The subject of +presumptions, so far as they are mere inferences or arguments, belongs, +not to the law of evidence, or to law at all, but to rules of reasoning. +But a legal presumption, or, as it is sometimes called, a presumption of +law, as distinguished from a presumption of fact, is something more. It +may be described, in Stephen's language, as "a rule of law that courts +and judges shall draw a particular inference from a particular fact, or +from particular evidence, unless and until the truth" (perhaps it would +be better to say 'soundness') "of the inference is disproved." Courts +and legislatures have laid down such rules on grounds of public policy +or general convenience, and the rules have then to be observed as rules +of positive law, not merely used as part of the ordinary process of +reasoning or argument. Some so-called presumptions are rules of +substantive law under a disguise. To this class appear to belong +"conclusive presumptions of law," such as the common-law presumption +that a child under seven years of age cannot commit a felony. So again +the presumption that every one knows the law is merely an awkward way of +saying that ignorance of the law is not a legal excuse for breaking it. +Of true legal presumptions, the majority may be dealt with most +appropriately under different branches of the substantive law, such as +the law of crime, of property, or of contract, and accordingly Stephen +has included in his _Digest of the Law of Evidence_ only some which are +common to more than one branch of the law. The effect of a presumption +is to impute to certain facts or groups of facts a prima facie +significance or operation, and thus, in legal proceedings, to throw upon +the party against whom it works the duty of bringing forward evidence to +meet it. Accordingly the subject of presumptions is intimately connected +with the subject of the burden of proof, and the same legal rule may be +expressed in different forms, either as throwing the advantage of a +presumption on one side, or as throwing the burden of proof on the +other. Thus the rule in Stephen's Digest, which says that the burden of +proving that any person has been guilty of a crime or wrongful act is on +the person who asserts it, appears in the article entitled "Presumption +of Innocence." Among the more ordinary and more important legal +presumptions are the presumption of regularity in proceedings, described +generally as a presumption _omnia esse rite acta_, and including the +presumption that the holder of a public office has been duly appointed, +and has duly performed his official duties, the presumption of the +legitimacy of a child born during the mother's marriage, or within the +period of gestation after her husband's death, and the presumptions as +to life and death. "A person shown not to have been heard of for seven +years by those (if any) who, if he had been alive, would naturally have +heard of him, is presumed to be dead unless the circumstances of the +case are such as to account for his not being heard of without assuming +his death; but there is no presumption as to the time when he died, and +the burden of proving his death at any particular time is upon the +person who asserts it. There is no presumption" (i.e. legal presumption) +"as to the age at which a person died who is shown to have been alive at +a given time, or as to the order in which two or more persons died who +are shown to have died in the same accident, shipwreck or battle" +(Stephen, _Dig._, art. 99). A document proved or purporting to be thirty +years old is presumed to be genuine, and to have been properly executed +and (if necessary) attested if produced from the proper custody. And the +legal presumption of a "lost grant," i.e. the presumption that a right +or alleged right which has been long enjoyed without interruption had a +legal origin, still survives in addition to the common law and statutory +rules of prescription. + +4. _Burden of Proof._--The expression _onus probandi_ has come down from +the classical Roman law, and both it and the Roman maxims, _Agenti +incumbit probatio_, _Necessitas probandi incumbit ei qui dicit non ei +qui negat_, and _Reus excipiendo fit actor_, must be read with reference +to the Roman system of actions, under which nothing was admitted, but +the plaintiff's case was tried first; then, unless that failed, the +defendant's on his _exceptio_; then, unless that failed, the plaintiff's +on his _replicatio_, and so on. Under such a system the burden was +always on the "actor." In modern law the phrase "burden of proof" may +mean one of two things, which are often confused--the burden of +establishing the proposition or issue on which the case depends, and the +burden of producing evidence on any particular point either at the +beginning or at a later stage of the case. The burden in the former +sense ordinarily rests on the plaintiff or prosecutor. The burden in the +latter sense, that of going forward with evidence on a particular point, +may shift from side to side as the case proceeds. The general rule is +that he who alleges a fact must prove it, whether the allegation is +couched in affirmative or negative terms. But this rule is subject to +the effect of presumptions in particular cases, to the principle that in +considering the amount of evidence necessary to shift the burden of +proof regard must be had to the opportunities of knowledge possessed by +the parties respectively, and to the express provisions of statutes +directing where the burden of proof is to lie in particular cases. Thus +many statutes expressly direct that the proof of lawful excuse or +authority, or the absence of fraudulent intent, is to lie on the person +charged with an offence. And the Summary Jurisdiction Act 1848 provides +that if the information or complaint in summary proceedings negatives +any exemption, exception, proviso, or condition in the statute on which +it is founded, the prosecutor or complainant need not prove the +negative, but the defendant may prove the affirmative in his defence. + + +II. CLASSES OF EVIDENCE + +Evidence is often described as being either oral or documentary. To +these two classes should be added a third, called by Bentham real +evidence, and consisting of things presented immediately to the senses +of the judge or the jury. Thus the judge or jury may go to view any +place the sight of which may help to an understanding of the evidence, +and may inspect anything sufficiently identified and produced in court +as material to the decision. Weapons, clothes and things alleged to have +been stolen or damaged are often brought into court for this purpose. +Oral evidence consists of the statements of witnesses. Documentary +evidence consists of documents submitted to the judge or jury by way of +proof. The distinction between primary and secondary evidence relates +only to documentary evidence, and will be noticed in the section under +that head. A division of evidence from another point of view is that +into direct and indirect, or, as it is sometimes called, circumstantial +evidence. By direct evidence is meant the statement of a person who saw, +or otherwise observed with his senses, the fact in question. By indirect +or circumstantial evidence is meant evidence of facts from which the +fact in question may be inferred. The difference between direct and +indirect evidence is a difference of kind, not of degree, and therefore +the rule or maxim as to "best evidence" has no application to it. Juries +naturally attach more weight to direct evidence, and in some legal +systems it is only this class of evidence which is allowed to have full +probative force. In some respects indirect evidence is superior to +direct evidence, because, as Paley puts it, "facts cannot lie," whilst +witnesses can and do. On the other hand facts often deceive; that is to +say, the inferences drawn from them are often erroneous. The +circumstances in which crimes are ordinarily committed are such that +direct evidence of their commission is usually not obtainable, and when +criminality depends on a state of mind, such as intention, that state +must necessarily be inferred by means of indirect evidence. + + +III. RULES OF EXCLUSION + +It seems desirable to state the leading rules of exclusion in their +crude form instead of obscuring their historical origin by attempting to +force them into the shape of precise technical propositions forming +parts of a logically connected system. The judges who laid the +foundations of our modern law of evidence, like those who first +discoursed on the duties of trustees, little dreamt of the elaborate and +artificial system which was to be based upon their remarks. The rules +will be found, as might be expected, to be vague, to overlap each other, +to require much explanation, and to be subject to many exceptions. They +may be stated as follows:--(1) Facts not relevant to the issue cannot be +admitted as evidence. (2) The evidence produced must be the best +obtainable under the circumstances. (3) Hearsay is not evidence. (4) +Opinion is not evidence. + +1. _Rule of Relevancy._--The so-called rule of relevancy is sometimes +stated by text-writers in the form in which it was laid down by Baron +Parke in 1837 (_Wright_ v. _Doe and Tatham_, 7 A. and E. 384), when he +described "one great principle" in the law of evidence as being that +"all facts which are relevant to the issue may be proved." Stated in +different forms, the rule has been made by FitzJames Stephen the central +point of his theory of evidence. But relevancy, in the proper and +natural sense, as we have said, is a matter not of law, but of logic. If +Baron Parke's dictum relates to relevancy in its natural sense it is +not true; if it relates to relevancy in a narrow and artificial sense, +as equivalent to admissible, it is tautological. Such practical +importance as the rule of relevancy possesses consists, not in what it +includes, but in what it excludes, and for that reason it seems better +to state the rule in a negative or exclusive form. But whether the rule +is stated in a positive or in a negative form its vagueness is apparent. +No precise line can be drawn between "relevant" and "irrelevant" facts. +The two classes shade into each other by imperceptible degrees. The +broad truth is that the courts have excluded from consideration certain +matters which have some bearing on the question to be decided, and +which, in that sense, are relevant, and that they have done so on +grounds of policy and convenience. Among the matters so excluded are +matters which are likely to mislead the jury, or to complicate the case +unnecessarily, or which are of slight, remote, or merely conjectural +importance. Instances of the classes of matters so excluded can be +given, but it seems difficult to refer their exclusion to any more +general principle than this. Rules as to evidence of character and +conduct appear to fall under this principle. Evidence is not admissible +to show that the person who is alleged to have done a thing was of a +disposition or character which makes it probable that he would or would +not have done it. This rule excludes the biographical accounts of the +prisoner which are so familiar in French trials, and is an important +principle in English trials. It is subject to three exceptions: first, +that evidence of good character is admissible in favour of the prisoner +in all criminal cases; secondly, that a prisoner indicted for rape is +entitled to call evidence as to the immoral character of the +prosecutrix; and thirdly, that a witness may be called to say that he +would not believe a previous witness on his oath. The exception allowing +the good character of a prisoner to influence the verdict, as +distinguished from the sentence, is more humane than logical, and seems +to have been at first admitted in capital cases only. The exception in +rape cases does not allow evidence to be given of specific acts of +immorality with persons other than the prisoner, doubtless on the ground +that such evidence would affect the reputations of third parties. Where +the character of a person is expressly in issue, as in actions of libel +and slander, the rule of exclusion, as stated above, does not apply. Nor +does it prevent evidence of bad character from being given in mitigation +of damages, where the amount of damages virtually depends on character, +as in cases of defamation and seduction. As to conduct there is a +similar general rule, that evidence of the conduct of a person on other +occasions is not to be used merely for the purpose of showing the +likelihood of his having acted in a similar way on a particular +occasion. Thus, on a charge of murder, the prosecutor cannot give +evidence of the prisoner's conduct to other persons for the purpose of +proving a bloodthirsty and murderous disposition. And in a civil case a +defendant was not allowed to show that the plaintiff had sold goods on +particular terms to other persons for the purpose of proving that he had +sold similar goods on the same terms to the defendant. But this general +rule must be carefully construed. Where several offences are so +connected with each other as to form parts of an entire transaction, +evidence of one is admissible as proof of another. Thus, where a +prisoner is charged with stealing particular goods from a particular +place, evidence may be given that other goods, taken from the same place +at the same time, were found in his possession. And where it is proved +or admitted that a person did a particular act, and the question is as +to his state of mind, that is to say, whether he did the act knowingly, +intentionally, fraudulently, or the like, evidence may be given of the +commission by him of similar acts on other occasions for the purpose of +proving his state of mind on the occasion. This principle is most +commonly applied in charges for uttering false documents or base coin, +and not uncommonly in charges for false pretences, embezzlement or +murder. In proceedings for the receipt or possession of stolen property, +the legislature has expressly authorized evidence to be given of the +possession by the prisoner of other stolen property, or of his previous +conviction of an offence involving fraud or dishonesty (Prevention of +Crimes Act 1871). Again, where there is a question whether a person +committed an offence, evidence may be given of any fact supplying a +motive or constituting preparation for the offence, of any subsequent +conduct of the person accused, which is apparently influenced by the +commission of the offence, and of any act done by him, or by his +authority, in consequence of the offence. Thus, evidence may be given +that, after the commission of the alleged offence, the prisoner +absconded, or was in possession of the property, or the proceeds of the +property, acquired by the offence, or that he attempted to conceal +things which were or might have been used in committing the offence, or +as to the manner in which he conducted himself when statements were made +in his presence and hearing. Statements made to or in the presence of a +person charged with an offence are admitted as evidence, not of the +facts stated, but of the conduct or demeanour of the person to whom or +in whose presence they are made, or of the general character of the +transaction of which they form part (under the _res gestae_ rule +mentioned below). + +2. _Best Evidence Rule._--Statements to the effect of the best evidence +rule were often made by Chief Justice Holt about the beginning of the +18th century, and became familiar in the courts. Chief Baron Gilbert, in +his book on evidence, which must have been written before 1726, says +that "the first and most signal rule in relation to evidence is this, +that a man must have the utmost evidence the nature of the fact is +capable of." And in the great case of _Omichund_ v. _Barker_ (1744), +Lord Hardwicke went so far as to say, "The judges and sages of the law +have laid down that there is but one general rule of evidence, the best +that the nature of the case will admit" (1 Atkyns 49). It is no wonder +that a rule thus solemnly stated should have found a prominent place in +text-books on the law of evidence. But, apart from its application to +documentary evidence, it does not seem to be more than a useful guiding +principle which underlies, or may be used in support of, several rules. + +It is to documentary evidence that the principle is usually applied, in +the form of the narrower rule excluding, subject to exceptions, +secondary evidence of the contents of a document where primary evidence +is obtainable. In this form the rule is a rule of exclusion, but may be +most conveniently dealt with in connexion with the special subject of +documentary evidence. As noticed above, the general rule does not apply +to the difference between direct and indirect evidence. And, doubtless +on account of its vague character, it finds no place in Stephen's +Digest. + +3. _Hearsay._--The term "hearsay" primarily applies to what a witness +has heard another person say in respect to a fact in dispute. But it is +extended to any statement, whether reduced to writing or not, which is +brought before the court, not by the author of the statement, but by a +person to whose knowledge the statement has been brought. Thus the +hearsay rule excludes statements, oral or written, made in the first +instance by a person who is not called as a witness in the case. +Historically this rule may be traced to the time when the functions of +the witnesses were first distinguished from the functions of the jury, +and when the witnesses were required by their formula to testify _de +visu suo et auditu_, to state what they knew about facts from the direct +evidence of their senses, not from the information of others. The rule +excludes statements the effect of which is liable to be altered by the +narrator, and which purport to have been made by persons who did not +necessarily speak under the sanction of an oath, and whose accuracy or +veracity is not tested by cross-examination. It is therefore of +practical utility in shutting out many loose statements and much +irresponsible gossip. On the other hand, it excludes statements which +are of some value as evidence, and may indeed be the only available +evidence. Thus, a statement has been excluded as hearsay, even though it +can be proved that the author of the statement made it on oath, or that +it was against his interest when he made it, or that he is prevented by +insanity or other illness from giving evidence himself, or that he has +left the country and disappeared, or that he is dead. + + Owing to the inconveniences which would be caused by a strict + application of the rule, it has been so much eaten into by exceptions + that some persons doubt whether the rule and the exceptions ought not + to change places. Among the exceptions the following may be noticed: + (a) _Certain sworn statements_.--In many cases statements made by a + person whose evidence is material, but who cannot come before the + court, or could not come before it without serious difficulty, delay + or expense, may be admitted as evidence under proper safeguards. Under + the Indictable Offences Act 1848, where a person has made a deposition + before a justice at a preliminary inquiry into an offence, his + deposition may be read in evidence on proof that the deponent is dead, + or too ill to travel, that the deposition was taken in the presence of + the accused person, and that the accused then had a full opportunity + of cross-examining the deponent. The deposition must appear to be + signed by the justice before whom it purports to have been taken. + Depositions taken before a coroner are admissible under the same + principle. And the principle probably extends to cases where the + deponent is insane, or kept away by the person accused. There are + other statutory provisions for the admission of depositions, as in the + Criminal Law Amendment Act 1867; the Foreign Jurisdiction Act 1890; + and the Children Act 1908, incorporating an act of 1894. In civil + cases the rule excluding statements not made in court at the trial is + much less strictly applied. Frequent use is made of evidence taken + before an examiner, or under a commission. Affidavits are freely used + for subordinate issues or under an arrangement between the parties, + and leave may be given to use evidence taken in other proceedings. The + old chancery practice, under which evidence, both at the trial and at + other stages of a proceeding, was normally taken by affidavit, + irrespectively of consent, was altered by the Judicature Acts. Under + the existing rules of the supreme court evidence may be given by + affidavit upon any motion, petition or summons, but the court or a + judge may, on the application of either party, order the attendance + for cross-examination of the person making the affidavit. (b) _Dying + declarations._--In a trial for murder or manslaughter a declaration by + the person killed as to the cause of his death, or as to any of the + circumstances of the transaction which resulted in his death, is + admissible as evidence. But this exception is very strictly construed. + It must be proved that the declarant, at the time of making the + declaration, was in actual danger of death, and had given up all hope + of recovery. (c) _Statements in pedigree cases._--On a question of + pedigree the statement of a deceased person, whether based on his own + personal knowledge or on family tradition, is admissible as evidence, + if it is proved that the person who made the statement was related to + the person about whose family relations the statement was made, and + that the statement was made before the question with respect to which + the evidence is required had arisen. (d) _Statements as to matters of + public or general interest._--Statements by deceased persons are + admissible as evidence of reputation or general belief in questions + relating to the existence of any public or general right or custom, or + matter of public and general interest. Statements of this kind are + constantly admitted in questions relating to right of way, or rights + of common, or manorial or other local customs. Maps, copies of court + rolls, leases and other deeds, and verdicts, judgments, and orders of + court fall within the exception in cases of this kind. (e) _Statements + in course of duty or business._--A statement with respect to a + particular fact made by a deceased person in pursuance of his duty in + connexion with any office, employment or business, whether public or + private, is admissible as evidence of that fact, if the statement + appears to have been made from personal knowledge, and at or about the + time when the fact occurred. This exception covers entries by clerks + and other employees. (f) _Statements against interest._--A statement + made by a deceased person against his pecuniary or proprietary + interest is admissible as evidence, without reference to the time at + which it was made. Where such a statement is admissible the whole of + it becomes admissible, though it may contain matters not against the + interest of the person who made it, and though the total effect may be + in his favour. Thus, where there was a question whether a particular + sum was a gift or a loan, entries in an account book of receipt of + interest on the sum were admitted, and a statement in the book that + the alleged debtor had on a particular date acknowledged the loan was + also admitted. (g) _Public documents._--Under this head may be placed + recitals in public acts of parliament, notices in the _London_, + _Edinburgh_, or _Dublin Gazette_ (which are made evidence by statute + in a large number of cases), and entries made in the performance of + duty in official registers or records, such as registers of births, + deaths or marriages, registers of companies, records in judicial + proceedings, and the like. An entry in a public document may be + treated as a statement made in the course of duty, but it is + admissible whether the person who made the statement is alive or dead, + and without any evidence as to personal knowledge, or the time at + which the statement is made. (h) _Admissions._--By the term + "admission," as here used, is meant a statement made out of the + witness-box by a party to the proceedings, whether civil or criminal, + or by some person whose statements are binding on that party, against + the interest of that party. The term includes admissions made in + answer to interrogatories, or to a notice to admit facts, but not + admissions made on the pleadings. Admissions, in this sense of the + term, are admissible as evidence against the person by whom they are + made, or on whom they are binding, without reference to the life or + death of the person who made them. A person is bound by the statements + of his agent, acting within the scope of his authority, and barristers + and solicitors are agents for their clients in the conduct of legal + proceedings. Conversely, a person suing or defending on behalf of + another, e.g. as agent or trustee, is bound by the statements of the + person whom he represents. Statements respecting property made by a + predecessor in title bind the successor. Where a statement is put in + evidence as an admission by, or binding on, any person, that person is + entitled to have the whole statement given in evidence. The principle + of this rule is obviously sound, because it would be unfair to pick + out from a man's statement what tells against him, and to suppress + what is in his favour. But the application of the rule is sometimes + attended with difficulty. An admission will not be allowed to be used + as evidence if it was made under a stipulation, express or implied, + that it should not be so used. Such admissions are said to be made + "without prejudice." (i) _Confessions._--A confession is an admission + by a person accused of an offence that he has committed the offence of + which he is accused. But the rules about admitting as evidence + confessions in criminal proceedings are much more strict than the + rules about admissions in civil proceedings. The general rule is, that + a confession is not admissible as evidence against any person except + the person who makes it. But a confession made by one accomplice in + the presence of another is admissible against the latter to this + extent, that, if it implicates him, his silence under the charge may + be used against him, whilst on the other hand his prompt repudiation + of the charge might tell in his favour. In other words, the confession + may be used as evidence of the conduct of the person in whose presence + it was made. A confession cannot be admitted as evidence unless proved + to be voluntary. A confession is not treated as being voluntary if it + appears to the court to have been caused by any inducement, threat or + promise which proceeded from a magistrate or other person in authority + concerned in the charge, and which, in the opinion of the court, gave + the accused person reasonable ground for supposing that by making a + confession he would gain some advantage or avoid some evil in + reference to the proceedings against him. This applies to any + inducement, threat or promise having reference to the charge, whether + it is addressed directly to the accused person or is brought to his + knowledge indirectly. But a confession is not involuntary merely + because it appears to have been caused by the exhortations of a person + in authority to make it as a matter of religious duty, or by an + inducement collateral to the proceedings, or by an inducement held out + by a person having nothing to do with the apprehension, prosecution or + examination of the prisoner. Thus, a confession made to a gaol + chaplain in consequence of religious exhortation has been admitted as + evidence. So also has a confession made by a prisoner to a gaoler in + consequence of a promise by the gaoler, that if the prisoner confessed + he should be allowed to see his wife. To make a confession + involuntary, the inducement must have reference to the prisoner's + escape from the charge against him, and must be made by some person + having power to relieve him, wholly or partially, from the + consequences of the charge. A confession is treated as voluntary if, + in the opinion of the court, it was made after the complete removal of + the impression produced by any inducement, threat or promise which + would have made it involuntary. Where a confession was made under an + inducement which makes the confession involuntary, evidence may be + given of facts discovered in consequence of the confession, and of so + much of the confession as distinctly relates to those facts. Thus, A. + under circumstances which make the confession involuntary, tells a + policeman that he, A., had thrown a lantern into the pond. Evidence + may be given that the lantern was found in the pond, and that A. said + he had thrown it there. It is of course improper to try to extort a + confession by fraud or under the promise of secrecy. But if a + confession is otherwise admissible as evidence, it does not become + inadmissible _merely_ because it was made under a promise of secrecy, + or in consequence of a deception practised on the accused person for + the purpose of obtaining it, or when he was drunk, or because it was + made in answer to questions, whether put by a magistrate or by a + private person, or because he was not warned that he was not bound to + make the confession, and that it might be used against him. If a + confession is given in evidence, the whole of it must be given, and + not merely the parts disadvantageous to the accused person. Evidence + amounting to a confession may be used as such against the person who + gave it, though it was given on oath, and though the proceeding in + which it was given had reference to the same subject-matter as the + proceeding in which it is to be used, and though the witness might + have refused to answer the questions put to him. But if, after + refusing to answer such questions, the witness is improperly compelled + to answer, his answers are not a voluntary confession. The grave + jealousy and suspicion with which the English law regards confessions + offer a marked contrast to the importance attached to this form of + evidence in other systems of procedure, such as the inquisitorial + system which long prevailed, and still to some extent prevails, on the + continent. (j) _Res gestae._--Statements are often admitted as + evidence on the ground that they form part of what is called the + "transaction," or _res gestae_, the occurrence or nature of which is + in question. For instance, where an act may be proved, statements + accompanying and explaining the act made by or to the person doing it, + may be given in evidence. There is no difficulty in understanding the + principle on which this exception from the hearsay rule rests, but + there is often practical difficulty in applying it, and the practice + has varied. How long is the "transaction" to be treated as lasting? + What ought to be treated as "the immediate and natural effect of + continuing action," and, for that reason, as part of the _res gestae_? + When an act of violence is committed, to what extent are the terms of + the complaint made by the sufferer, as distinguished from the fact of + a complaint having been made, admissible as evidence? These are some + of the questions raised. The cases in which statements by a person as + to his bodily or mental condition may be put in evidence may perhaps + be treated as falling under the same principle. In the Rugeley + poisoning case, statements by the deceased person before his illness + as to his state of health, and as to his symptoms during illness, were + admitted as evidence for the prosecution. Under the same principle may + also be brought the rule as to statements in conspiracy cases. In + charges of conspiracy, after evidence has been given of the existence + of the plot, and of the connexion of the accused with it, the charge + against one conspirator may be supported by evidence of anything done, + written, or said, not only by him, but by any other of the + conspirators, in furtherance of the common purpose. On the other hand, + a statement made by one conspirator, not in execution of the common + purpose, but in narration of some event forming part of the + conspiracy, would be treated, not as part of the "transaction," but as + a statement excluded by the hearsay rule. Thus the admissibility of + writings in conspiracy cases may depend on the time when they can be + shown to have been in the possession of a fellow-conspirator, whether + before or after the prisoner's apprehension. (k) _Complaints in rape + cases, &c._--In trials for rape and similar offences, the fact that + shortly after the commission of the alleged offence a complaint was + made by the person against whom the offence was committed, and also + the terms of the complaint, have been admitted as evidence, not of the + facts complained of, but of the consistency of the complainant's + conduct with the story told by her in the witness-box, and as + negativing consent on her part. + +4. _Opinion._--The rule excluding expressions of opinion also dates from +the first distinction between the functions of witnesses and jury. It +was for the witnesses to state facts, for the jury to form conclusions. +Of course every statement of fact involves inference, and implies a +judgment on phenomena observed by the senses. And the inference is often +erroneous, as in the answer to the question, "Was he drunk?" A prudent +witness will often guard himself, and is allowed to guard himself, by +answering to the best of his belief. But, for practical purposes, it is +possible to draw a distinction between a statement of facts observed and +an expression of opinion as to the inference to be drawn from these +facts, and the rule telling witnesses to state facts and not express +opinions is of great value in keeping their statements out of the region +of argument and conjecture. The evidence of "experts," that is to say, +of persons having a special knowledge of some particular subject, is +generally described as constituting the chief exception to the rule. But +perhaps it would be more accurate to say that experts are allowed a much +wider range than ordinary witnesses in the expression of their opinions, +and in the statement of facts on which their opinions are based. Thus, +in a poisoning case, a doctor may be asked as an expert whether, in his +opinion, a particular poison produces particular symptoms. And, where +lunacy is set up as a defence, an expert may be asked whether, in his +opinion, the symptoms exhibited by the alleged lunatic commonly show +unsoundness of mind, and whether such unsoundness of mind usually +renders persons incapable of knowing the nature of their acts, or of +knowing that what they do is either wrong or contrary to the law. +Similar principles are applied to the evidence of engineers, and in +numerous other cases. In cases of disputed handwriting the evidence of +experts in handwriting is expressly recognized by statute (Evidence and +Practice on Criminal Trials 1865). + + +IV. DOCUMENTARY EVIDENCE + +Charters and other writings were exhibited to the jury at a very early +date, and it is to writings so exhibited that the term "evidence" or +"evidences" seems to have been originally applied _par excellence_. The +oral evidence of witnesses came later. Where a document is to be used as +evidence the first question is how its contents are to be proved. To +this question the principle of "best evidence" applies, in the form of +the rule that primary evidence must be given except in the cases where +secondary evidence is allowed. By primary evidence is meant the document +itself produced for inspection. By secondary evidence is meant a copy +of the document, or verbal accounts of its contents. + + The rule as to the inadmissibility of a copy of a document is applied + much more strictly to private than to public or official documents. + Secondary evidence may be given of the contents of a private document + in the following cases: + + (a) Where the original is shown or appears to be in the possession of + the adverse party, and he, after having been served with reasonable + notice to produce it, does not do so. + + (b) Where the original is shown or appears to be in the possession or + power of a stranger not legally bound to produce it, and he, after + having been served with a writ of _subpoena duces tecum_, or after + having been sworn as a witness and asked for the document, and having + admitted that it is in court, refuses to produce it. + + (c) Where it is shown that proper search has been made for the + original, and there is reason for believing that it is destroyed or + lost. + + (d) Where the original is of such a nature as not to be easily + movable, as in the case of a placard posted on a wall, or of a + tombstone, or is in a country from which it is not permitted to be + removed. + + (e) Where the original is a document for the proof of which special + provision is made by any act of parliament, or any law in force for + the time being. Documents of that kind are practically treated on the + same footing as private documents. + + (f) Where the document is an entry in a banker's book, provable + according to the special provisions of the Bankers' Books Evidence Act + 1879. + + Secondary evidence of a private document is usually given either by + producing a copy and calling a witness who can prove the copy to be + correct, or, when there is no copy obtainable, by calling a witness + who has seen the document, and can give an account of its contents. No + general definition of public document is possible, but the rules of + evidence applicable to public documents are expressly applied by + statute to many classes of documents. Primary evidence of any public + document may be given by producing the document from proper custody, + and by a witness identifying it as being what it professes to be. + Public documents may always be proved by secondary evidence, but the + particular kind of secondary evidence required is in many cases + defined by statute. Where a document is of such a public nature as to + be admissible in evidence on its mere production from the proper + custody, and no statute exists which renders its contents provable by + means of a copy, any copy thereof or extract therefrom is admissible + as proof of its contents, if it is proved to be an examined copy or + extract, or purports to be signed or certified as a true copy or + extract by the officer to whose custody the original is entrusted. + Many statutes provide that various certificates, official and public + documents, documents and proceedings of corporations and of joint + stock and other companies, and certified copies of documents, by-laws, + entries in registers and other books, shall be receivable as evidence + of certain particulars in courts of justice, if they are authenticated + in the manner prescribed by the statutes. Whenever, by virtue of any + such provision, any such certificate or certified copy is receivable + as proof of any particular in any court of justice, it is admissible + as evidence, if it purports to be authenticated in the manner + prescribed by law, without calling any witness to prove any stamp, + seal, or signature required for its authentication, or the official + character of the person who appears to have signed it. The Documentary + Evidence Acts 1868, 1882 and 1895, provide modes of proving the + contents of several classes of proclamations, orders and regulations. + + If a document is of a kind which is required by law to be attested, + but not otherwise, an attesting witness must be called to prove its + due execution. But this rule is subject to the following exceptions: + + (a) If it is proved that there is no attesting witness alive, and + capable of giving evidence, then it is sufficient to prove that the + attestation of at least one attesting witness is in his handwriting, + and that the signature of the person executing the document is in the + handwriting of that person. + + (b) If the document is proved, or purports to be, more than thirty + years old, and is produced from what the court considers to be its + proper custody, an attesting witness need not be called, and it will + be presumed without evidence that the instrument was duly executed and + attested. + +Where a document embodies a judgment, a contract, a grant, or +disposition of property, or any other legal transaction or "act in the +law," on which rights depend, the validity of the transaction may be +impugned on the ground of fraud, incapacity, want of consideration, or +other legal ground. But this seems outside the law of evidence. In this +class of cases a question often arises whether extrinsic evidence can be +produced to vary the nature of the transaction embodied in the document. +The answer to this question seems to depend on whether the document was +or was not intended to be a complete and final statement of the +transaction which it embodies. If it was, you cannot go outside the +document for the purpose of ascertaining the nature of the transaction. +If it was not, you may. But the mere statement of this test shows the +difficulty of formulating precise rules, and of applying them when +formulated. FitzJames Stephen mentions, among the facts which may be +proved in these cases, the existence of separate and consistent oral +agreements as to matters on which the document is silent, if there is +reason to believe that the document is not a complete and final +statement of the transaction, and the existence of any usage or custom +with reference to which a contract may be presumed to have been made. +But he admits that the rules on the subject are "by no means easy to +apply, inasmuch as from the nature of the case an enormous number of +transactions fall close on one side or the other of most of them." The +underlying principle appears to be a rule of substantive law rather than +of evidence. When parties to an arrangement have reduced the terms of +the arrangement to a definite, complete, and final written form, they +should be bound exclusively by the terms embodied in that form. The +question in each case is under what circumstances they ought to be +treated as having done so. + +The expression "parol evidence," which includes written as well as +verbal evidence, has often been applied to the extrinsic evidence +produced for the purpose of varying the nature of the transaction +embodied in a document. It is also applied to extrinsic evidence used +for another purpose, namely, that of explaining the meaning of the terms +used in a document. The two questions, What is the real nature of the +transaction referred to in a document? and, What is the meaning of a +document? are often confused, but are really distinct from each other. +The rules bearing on the latter question are rules of construction or +interpretation rather than of evidence, but are ordinarily treated as +part of the law of evidence, and are for that reason included by +FitzJames Stephen in his Digest. In stating these rules he adopts, with +verbal modifications, the six propositions laid down by Vice-Chancellor +Wigram in his _Examinations of the Rules of Law respecting the admission +of Extrinsic Evidence in Aid of the Interpretation of Wills_. The +substance of these propositions appears to be this, that wherever the +meaning of a document cannot be satisfactorily ascertained from the +document itself, use may be made of any other evidence for the purpose +of elucidating the meaning, subject to one restriction, that, except in +cases of equivocation, i.e. where a person or thing is described in +terms applicable equally to more than one, resort cannot be had to +extrinsic expressions of the author's intention. + + +V. WITNESSES + +1. _Attendance._--If a witness does not attend voluntarily he can be +required to attend by a writ of _subpoena_. + +2. _Competency._--As a general rule every person is a competent witness. +Formerly persons were disqualified by crime or interest, or by being +parties to the proceedings, but these disqualifications have now been +removed by statute, and the circumstances which formerly created them do +not affect the competency, though they may often affect the credibility, +of a witness. + +Under the general law as it stood before the Criminal Evidence Act 1898 +came into force, a person charged with an offence was not competent to +give evidence on his own behalf. But many exceptions had been made to +this rule by legislation, and the rule itself was finally abolished by +the act of 1898. Under that law a person charged is a competent witness, +but he can only give evidence for the defence, and can only give +evidence if he himself applies to do so. Under the law as it stood +before 1898, persons jointly charged and being tried together were not +competent to give evidence either for or against each other. Under the +act of 1898 a person charged jointly with another is a competent +witness, but only for the defence, and not for the prosecution. If, +therefore, one of the persons charged applies to give evidence his +cross-examination must not be conducted with a view to establish the +guilt of the other. Consequently, if it is thought desirable to use +against one prisoner the evidence of another who is being tried with +him, the latter should be released, or a separate verdict of not guilty +taken against him. A prisoner so giving evidence is popularly said to +turn king's evidence. It follows that, subject to what has been said +above as to persons tried together, the evidence of an accomplice is +admissible against his principal, and _vice versa_. The evidence of an +accomplice is, however, always received with great jealousy and caution. +A conviction on the unsupported testimony of an accomplice may, in some +cases, be strictly legal, but the practice is to require it to be +confirmed by unimpeachable testimony in some material part, and more +especially as to his identification of the person or persons against +whom his evidence may be received. The wife of a person charged is now a +competent witness, but, except in certain special cases, she can only +give evidence for the defence, and can only give evidence if her husband +applies that she should do so. The special cases in which a wife can be +called as a witness either for the prosecution or for the defence, and +without the consent of the person charged, are cases arising under +particular enactments scheduled to the act of 1898, and relating mainly +to offences against wives and children, and cases in which the wife is +by common law a competent witness against her husband, i.e. where the +proceeding is against the husband for bodily injury or violence +inflicted on his wife. The rule of exclusion extends only to a lawful +wife. There is no ground for supposing that the wife of a prosecutor is +an incompetent witness. A witness is incompetent if, in the opinion of +the court, he is prevented by extreme youth, disease affecting his mind, +or any other cause of the same kind, from recollecting the matter on +which he is to testify, from understanding the questions put to him, +from giving rational answers to those questions, or from knowing that he +ought to speak the truth. A witness unable to speak or hear is not +incompetent, but may give his evidence by writing or by signs, or in any +other manner in which he can make it intelligible. The particular form +of the religious belief of a witness, or his want of religious belief, +does not affect his competency. This ground of incompetency has now been +finally removed by the Oaths Act 1888. It will be seen that the effect +of the successive enactments which have gradually removed the +disqualifications attaching to various classes of witnesses has been to +draw a distinction between the _competency_ of a witness and his +_credibility_. No person is disqualified on moral or religious grounds, +but his character may be such as to throw grave doubts on the value of +his evidence. No relationship, except to a limited extent that of +husband and wife, excludes from giving evidence. The parent may be +examined on the trial of the child, the child on that of the parent, +master for or against servant, and servant for or against master. The +relationship of the witness to the prosecutor or the prisoner in such +cases may affect the credibility of the witness, but does not exclude +his evidence. + +3. _Privilege._--It does not follow that, because a person is +_competent_ to give evidence, he can therefore be compelled to do so. + +No one, except a person charged with an offence when giving evidence on +his own application, and as to the offence wherewith he is charged, is +bound to answer a question if the answer would, in the opinion of the +court, have a tendency to expose the witness, or the wife or husband of +the witness, to any criminal charge, penalty, or forfeiture, which the +court regards as reasonably likely to be preferred or sued for. +Accordingly, an accomplice cannot be examined without his consent, but +if an accomplice who has come forward to give evidence on a promise of +pardon, or favourable consideration, refuses to give full and fair +information, he renders himself liable to be convicted on his own +confession. However, even accomplices in such circumstances are not +required to answer on their cross-examination as to other offences. +Where, under the new law, a person charged with an offence offers +himself as a witness, he may be asked any question in cross-examination, +notwithstanding that it would tend to criminate him as to the offence +charged. But he may not be asked, and if he is asked must not be +required to answer, any question tending to show that he has committed, +or been convicted of, or been charged with, any other offence, or is of +bad character, unless:-- + + (i.) The proof that he has committed, or been convicted of, the other + offence is admissible evidence to show that he is guilty of the + offence with which he is then charged; or, + + (ii.) He has personally, or by his advocate, asked questions of the + witnesses for the prosecution, with a view to establish his own good + character, or has given evidence of his good character, or the nature + or conduct of the defence is such as to involve imputations on the + character of the prosecutor or the witnesses for the prosecution; or, + + (iii.) He has given evidence against any other person charged with the + same offence. + +He may not be asked questions tending to criminate his wife. + +The privilege as to criminating answers does not cover answers merely +tending to establish a civil liability. No one is excused from answering +a question or producing a document only because the answer or document +may establish or tend to establish that he owes a debt, or is otherwise +liable to any civil proceeding. It is a privilege for the protection of +the witness, and therefore may be waived by him. But there are other +privileges which cannot be so waived. Thus, on grounds of public policy, +no one can be compelled, or is allowed, to give evidence relating to any +affairs of state, or as to official communications between public +officers upon public affairs, except with the consent of the head of the +department concerned, and this consent is refused if the production of +the information asked for is considered detrimental to the public +service. + +Again, in cases in which the government is immediately concerned, no +witness can be compelled to answer any question the answer to which +would tend to discover the names of persons by or to whom information +was given as to the commission of offences. It is, as a rule, for the +court to decide whether the permission of any such question would or +would not, under the circumstances of the particular case, be injurious +to the administration of justice. + +A husband is not compellable to disclose any communication made to him +by his wife during the marriage; and a wife is not compellable to +disclose any communication made to her by her husband during the +marriage. + +A legal adviser is not permitted, whether during or after the +termination of his employment as such, unless with his client's express +consent, to disclose any communication, oral or documentary, made to him +_as such legal adviser_, by or on behalf of his client, during, in the +course of, and for the purpose of his employment, or to disclose any +advice given by him to his client during, in the course of, and for the +purpose of such employment. But this protection does not extend to-- + +(a) Any such communication if made in furtherance of any criminal +purpose; nor + +(b) Any fact observed by a legal adviser in the course of his employment +as such, showing that any crime or fraud has been committed since the +commencement of his employment, whether his attention was directed to +such fact by or on behalf of his client or not; nor + +(c) Any fact with which the legal adviser became acquainted otherwise +than in his character as such. + +Medical men and clergymen are not privileged from the disclosure of +communications made to them in professional confidence, but it is not +usual to press for the disclosures of communications made to clergymen. + +4. _Oaths._--A witness must give his evidence under the sanction of an +oath, or of what is equivalent to an oath, that is to say, of a solemn +promise to speak the truth. The ordinary form of oath is adapted to +Christians, but a person belonging to a non-Christian religion may be +sworn in any form prescribed or recognized by the custom of his +religion. (See the article OATH.) + +5. _Publicity._--The evidence of a witness at a trial must, as a general +rule, be given in open court in the course of the trial. The secrecy +which was such a characteristic feature of the "inquisition" procedure +is abhorrent to English law, and, even where publicity conflicts with +decency, English courts are very reluctant to dispense with or relax the +safeguards for justice which publicity involves. + +6. _Examination._--The normal course of procedure is this. The party who +begins, i.e. ordinarily the plaintiff or prosecutor, calls his witnesses +in order. Each witness is first examined on behalf of the party for whom +he is called. This is called the examination in chief. Then he is liable +to be cross-examined on behalf of the other side. And, finally, he may +be re-examined on behalf of his own side. After the case for the other +side has been opened, the same procedure is adopted with the witnesses +for that side. In some cases the party who began is allowed to adduce +further evidence in reply to his opponent's evidence. The examination is +conducted, not by the court, but by or on behalf of the contending +parties. It will be seen that the principle underlying this procedure is +that of the duel, or conflict between two contending parties, each +relying on and using his own evidence, and trying to break down the +evidence of his opponent. It differs from the principle of the +"inquisition" procedure, in which the court takes a more active part, +and in which the cases for the two sides are not so sharply +distinguished. In a continental trial it is often difficult to determine +whether the case for the prosecution or the case for the defence is +proceeding. Conflicting witnesses stand up together and are "confronted" +with each other. In the examination in chief questions must be confined +to matters bearing on the main question at issue, and a witness must not +be asked leading questions, i.e. questions suggesting the answer which +the person putting the question wishes or expects to receive, or +suggesting disputed facts about which the witness is to testify. But the +rule about leading questions is not applied where the questions asked +are simply introductory, and form no part of the real substance of the +inquiry, or where they relate to matters which, though material, are not +disputed. And if the witness called by a person appears to be directly +hostile to him, or interested on the other side, or unwilling to reply, +the reason for the rules applying to examination in chief breaks down, +and the witness may be asked leading questions and cross-examined, and +treated in every respect as though he was a witness called on the other +side, except that a party producing a witness must not impeach his +credit by general evidence of bad character (Evidence and Practice on +Criminal Trials Act 1865). In cross-examination questions not bearing on +the main issue and leading questions may be put and (subject to the +rules as to privilege) must be answered, as the cross-examiner is +entitled to test the examination in chief by every means in his power. +Questions not bearing on the main issue are often asked in +cross-examination merely for the purpose of putting off his guard a +witness who is supposed to have learnt up his story. In +cross-examination questions may also be asked which tend either to test +the accuracy or credibility of the witness, or to shake his credit by +impeaching his motives or injuring his character. The licence allowed in +cross-examination has often been seriously abused, and the power of the +court to check it is recognized by one of the rules of the supreme court +(R.S.C. xxxvi. 39, added in 1883). It is considered wrong to put +questions which assume that facts have been proved which have not been +proved, or that answers have been given contrary to the fact. A witness +ought not to be pressed in cross-examination as to any facts which, if +admitted, would not affect the question at issue or the credibility of +the witness. If the cross-examiner intends to adduce evidence contrary +to the evidence given by the witness, he ought to put to the witness in +cross-examination the substance of the evidence which he proposes to +adduce, in order to give the witness an opportunity of retracting or +explaining. Where a witness has answered a question which only tends to +affect his credibility by injuring his character, it is only in a +limited number of cases that evidence can be given to contradict his +answer. Where he is asked whether he has ever been convicted of any +felony or misdemeanour, and denies or refuses to answer, proof may be +given of the truth of the facts suggested (28 & 29 Vict. c. 15, s. 6). +The same rule is observed where he is asked a question tending to show +that he is not impartial. Where a witness has previously made a +statement inconsistent with his evidence, proof may be given that he did +in fact make it. But before such proof is given the circumstances of the +alleged statement, sufficient to designate the particular occasion, +must be mentioned to the witness, and he must be asked whether he did or +did not make the statement. And if the statement was made in, or has +been reduced to, writing, the attention of the witness must, before the +writing is used against him, be called to those parts of the writing +which are to be used for the purpose of contradicting him (Evidence and +Practice on Criminal Trials Act 1865, ss. 4, 5). The credibility of a +witness may be impeached by the evidence of persons who swear that they, +from their knowledge of the witness, believe him to be unworthy of +credit on his oath. These persons may not on their examination in chief +give reasons for their belief, but they may be asked their reasons in +cross-examination, and their answers cannot be contradicted. When the +credit of a witness is so impeached, the party who called the witness +may give evidence in reply to show that the witness is worthy of credit. +Re-examination must be directed exclusively to the explanation of +matters referred to in cross-examination, and if new matter is, by the +permission of the court, introduced in re-examination, the other side +may further cross-examine upon it. A witness under examination may +refresh his memory by referring to any writing made by himself at or +about the time of the occurrence to which the writing relates, or made +by any other person, and read and found accurate by the witness at or +about the time. An expert may refresh his memory by reference to +professional treatises. + + For the history of the English law of evidence, see Brunner, + _Entstehung der Schwurgerichte_; Bigelow, _History of Procedure in + England_; Stephen (Sir J.F.), _History of the Criminal Law of + England_; Pollock and Maitland, _History of English Law_, bk. ii. ch. + ix.; Thayer, Preliminary Treatise on Evidence at the Common Law. The + principal text-books now in use are--Roscoe, _Digest of the Law of + Evidence on the Trial of Actions at Nisi Prius_ (18th ed., 1907); + Roscoe, _Digest of the Law of Evidence in Criminal Cases_ (13th ed., + 1908); Taylor, _Treatise on the Law of Evidence_ (10th ed., 1906); + Best, _Principles of the Law of Evidence_ (10th ed., 1906); Powell, + _Principles and Practice of the Law of Evidence_ (8th ed., 1904); + Stephen, _Digest of the Law of Evidence_ (8th ed., 1907); Wills, + _Theory and Practice of the Law of Evidence_ (1907). For the history + of the law of criminal evidence in France, see Esmein, _Hist. de la + procédure criminelle en France_. For Germany, see Holtzendorff, + _Encyclopädie der Rechtswissenschaft_ (passages indexed under head + "Beweis"); Holtzendorff, _Rechtslexikon_ ("Beweis"). (C. P. I.) + + +FOOTNOTE: + + [1] Reference may be made to a well-known passage in the _Essay + concerning Human Understanding_ (Book iv. ch. xv.): "The grounds of + probability are--First, the conformity of anything with our own + knowledge, observation and experience. Second, the testimony of + others touching their observation and experience. In the testimony of + others is to be considered (1) the number, (2) the integrity, (3) the + skill of the witnesses. (4) The design of the author, where it is a + testimony out of a book cited. (5) The consistency of the parts and + circumstances of the relation. (6) Contrary testimonies." + + + + +EVIL EYE. The terror of the arts of "fascination," i.e. that certain +persons can bewitch, injure and even kill with a glance, has been and is +still very widely spread. The power was not thought to be always +maliciously cultivated. It was as often supposed to be involuntary (cf. +Deuteronomy xxviii. 54); and a story is told of a Slav who, afflicted +with the evil eye, at last blinded himself in order that he might not be +the means of injuring his children (Woyciki, _Polish Folklore_, trans. +by Lewenstein, p. 25). Few of the old classic writers fail to refer to +the dread power. In Rome the "evil eye" was so well recognized that +Pliny states that special laws were enacted against injury to crops by +incantation, excantation or fascination. The power was styled [Greek: +baskania] by the Greeks and _fascinatio_ by the Latins. Children and +young animals of all kinds were thought to be specially susceptible. +Charms were worn against the evil eye both by man and beast, and in +Judges viii. 21 it is thought there is a reference to this custom in the +allusion to the "ornaments" on the necks of camels. In classic times the +wearing of amulets was universal. They were of three classes: (1) those +the intention of which was to attract on to themselves, as the +lightning-rod the lightning, the malignant glance; (2) charms hidden in +the bosom of the dress; (3) written words from sacred writings. Of these +three types the first was most numerous. They were oftenest of a +grotesque and generally grossly obscene nature. They were also made in +the form of frogs, beetles and so on. But the ancients did not wholly +rely on amulets. Spitting was among the Greeks and Romans a most common +antidote to the poison of the evil eye. According to Theocritus it is +necessary to spit three times into the breast of the person who fears +fascination. Gestures, too, often intentionally obscene, were regarded +as prophylactics on meeting the dreaded individual. The evil eye was +believed to have its impulse in envy, and thus it came to be regarded +as unlucky to have any of your possessions praised. Among the Romans, +therefore, it was customary when praising anything to add _Praefiscini +dixerim_ (Fain Evil! I should say). This custom survives in modern +Italy, where in like circumstances is said _Si mal occhio non ci fosse_ +(May the evil eye not strike it). The object of these conventional +phrases was to prove that the speaker was sincere and had no evil +designs in his praise. Though there is no set formula, traces of the +custom are found in English rural sayings, e.g. the Somersetshire "I +don't wish ee no harm, so I on't zay no more." This is what the Scots +call "fore-speaking," when praise beyond measure is likely to be +followed by disease or accident. A Manxman will never say he is very +well: he usually admits that he is "middling," or qualifies his +admission of good health by adding "now" or "just now." The belief led +in many countries to the saying, when one heard anybody or anything +praised superabundantly, "God preserve him or it." So in Ireland, to +avoid being suspected of having the evil eye, it is advisable when +looking at a child to say "God bless it"; and when passing a farm-yard +where cows are collected at milking time it is usual for the peasant to +say, "The blessing of God be on you and all your labour." Bacon writes: +"It seems some have been so curious as to note that the times when the +stroke ... of an envious eye does most hurt are particularly when the +party envied is beheld in glory and triumph." + +The powers of the evil eye seem indeed to have been most feared by the +prosperous. Its powers are often quoted as almost limitless. Thus one +record solemnly declares that in a town of Africa a fascinator called +Elzanar killed by his evil art no less than 80 people in two years (W.W. +Story, _Castle St Angelo_, 1877, p. 149). The belief as affecting cattle +was universal in the Scottish Highlands as late as the 18th century and +still lingers. Thus if a stranger looks admiringly on a cow the peasants +still think she will waste away, and they offer the visitor some of her +milk to drink in the belief that in this manner the spell is broken. The +modern Turks and Arabs also think that their horses and camels are +subject to the evil eye. But the people of Italy, especially the +Neapolitans, are the best modern instances of implicit believers. The +_jettatore_, as the owner of the evil eye is called, is so feared that +at his approach it is scarcely an exaggeration to say that a street will +clear: everybody will rush into doorways or up alleys to avoid the +dreaded glance. The _jettatore di bambini_ (fascinator of children) is +the most dreaded of all. The evil eye is still much feared for horses in +India, China, Turkey, Greece and almost everywhere where horses are +found. In rural England the pig is of all animals oftenest "overlooked." +While the Italians are perhaps the greatest believers in the evil eye as +affecting persons, the superstition is rife in the East. In India the +belief is universal. In Bombay the blast of the evil eye is supposed to +be a form of spirit-possession. In western India all witches and wizards +are said to be evil-eyed. Modern Egyptian mothers thus account for the +sickly appearance of their babies. In Turkey passages from the Koran are +painted on the outside of houses to save the inmates, and texts as +amulets are worn upon the person, or hung upon camels and horses by +Arabs, Abyssinians and other peoples. The superstition is universal +among savage races. + + For a full discussion see _Evil Eye_ by F.T. Elworthy (London, 1895); + also W.W. Story, _Castle St Angelo and the Evil Eye_ (1877); E.N. + Rolfe and H. Ingleby, _Naples in 1888_ (1888); Johannes Christian + Frommann, _Tractatus de fascinatione novus et singularis_, &c., &c. + (Nuremburg, 1675); R.C. Maclagan, _Evil Eye in the Western Highlands_ + (1902). + + + + +EVOLUTION. The modern doctrine of evolution or "evolving," as opposed to +that of simple creation, has been defined by Prof. James Sully in the +9th edition of this encyclopaedia as a "natural history of the cosmos +including organic beings, expressed in physical terms as a mechanical +process." The following exposition of the historical development of the +doctrine is taken from Sully's article, and for the most part is in his +own words. + +In the modern doctrine of evolution the cosmic system appears as a +natural product of elementary matter and its laws. The various grades of +life on our planet are the natural consequences of certain physical +processes involved in the gradual transformations of the earth. +Conscious life is viewed as conditioned by physical (organic and more +especially nervous) processes, and as evolving itself in close +correlation with organic evolution. Finally, human development, as +exhibited in historical and prehistorical records, is regarded as the +highest and most complex result of organic and physical evolution. This +modern doctrine of evolution is but an expansion and completion of those +physical theories (see below) which opened the history of speculation. +It differs from them in being grounded on exact and verified research. +As such, moreover, it is a much more limited theory of evolution than +the ancient. It does not necessarily concern itself about the question +of the infinitude of worlds in space and in time. It is content to +explain the origin and course of development of the world, the solar or, +at most, the sidereal system which falls under our own observation. It +would be difficult to say what branches of science had done most towards +the establishment of this doctrine. We must content ourselves by +referring to the progress of physical (including chemical) theory, which +has led to the great generalization of the conservation of energy; to +the discovery of the fundamental chemical identity of the matter of our +planet and of other celestial bodies, and of the chemical relations of +organic and inorganic bodies; to the advance of astronomical speculation +respecting the origin of the solar system, &c.; to the growth of the +science of geology which has necessitated the conception of vast and +unimaginable periods of time in the past history of our globe, and to +the rapid march of the biological sciences which has made us familiar +with the simplest types and elements of organism; finally, to the +development of the science of anthropology (including comparative +psychology, philology, &c.), and to the vast extension and improvement +of all branches of historical study. + +_History of the Idea of Evolution._--The doctrine of evolution in its +finished and definite form is a modern product. It required for its +formation an amount of scientific knowledge which could only be very +gradually acquired. It is vain, therefore, to look for clearly defined +and systematic presentations of the idea among ancient writers. On the +other hand, nearly all systems of philosophy have discussed the +underlying problems. Such questions as the origin of the cosmos as a +whole, the production of organic beings and of conscious minds, and the +meaning of the observable grades of creation, have from the dawn of +speculation occupied men's minds; and the answers to these questions +often imply a vague recognition of the idea of a gradual evolution of +things. Accordingly, in tracing the antecedents of the modern +philosophic doctrine we shall have to glance at most of the principal +systems of cosmology, ancient and modern. Yet since in these systems +inquiries into the _esse_ and _fieri_ of the world are rarely +distinguished with any precision, it will be necessary to indicate very +briefly the general outlines of the system so far as they are necessary +for understanding their bearing on the problems of evolution. + +_Mythological Interpretation._--The problem of the origin of the world +was the first to engage man's speculative activity. Nor was this line of +inquiry pursued simply as a step in the more practical problem of man's +final destiny. The order of ideas observable in children suggests the +reflection that man began to discuss the "whence" of existence before +the "whither." At first, as in the case of the child, the problem of the +genesis of things was conceived anthropomorphically: the question "How +did the world arise?" first shaped itself to the human mind under the +form "Who made the world?" As long as the problem was conceived in this +simple manner there was, of course, no room for the idea of a necessary +self-conditioned evolution. Yet the first indistinct germ of such an +idea appears to emerge in combination with that of creation in some of +the ancient systems of theogony. Thus, for example, in the myth of the +ancient Parsees, the gods Ormuzd and Ahriman are said to evolve +themselves out of a primordial matter. It may be supposed that these +crude fancies embody a dim recognition of the physical forces and +objects personified under the forms of deities, and a rude attempt to +account for their genesis as a natural process. These first +unscientific ideas of a genesis of the permanent objects of nature took +as their pattern the process of organic reproduction and development, +and this, not only because these objects were regarded as personalities, +but also because this particular mode of becoming would most impress +these early observers. This same way of looking at the origin of the +material world is illustrated in the Egyptian notion of a cosmic egg out +of which issues the god (Phta) who creates the world. + +_Indian Philosophy._--Passing from mythology to speculation properly so +called, we find in the early systems of philosophy of India theories of +emanation which approach in some respects the idea of evolution. Brahma +is conceived as the eternal self-existent being, which on its material +side unfolds itself to the world by gradually condensing itself to +material objects through the gradations of ether, fire, water, earth and +the elements. At the same time this eternal being is conceived as the +all-embracing world-soul from which emanates the hierarchy of individual +souls. In the later system of emanation of Sankhya there is a more +marked approach to a materialistic doctrine of evolution. If, we are +told, we follow the chain of causes far enough back we reach unlimited +eternal creative nature or matter. Out of this "principal thing" or +"original nature" all material and spiritual existence issues, and into +it will return. Yet this primordial creative nature is endowed with +volition with regard to its own development. Its first emanation as +plastic nature contains the original soul or deity out of which all +individual souls issue. + +_Early Greek Physicists._--Passing by Buddhism, which, though teaching +the periodic destruction of our world by fire, &c., does not seek to +determine the ultimate origin of the cosmos, we come to those early +Greek physical philosophers who distinctly set themselves to eliminate +the idea of divine interference with the world by representing its +origin and changes as a natural process. The early Ionian physicists, +including Thales, Anaximander and Anaximenes, seek to explain the world +as generated out of a primordial matter (Gr. [Greek: hylê]; hence the +name "Hylozoists"), which is at the same time the universal support of +things. This substance is endowed with a generative or transmutative +force by virtue of which it passes into a succession of forms. They thus +resemble modern evolutionists, since they regard the world with its +infinite variety of forms as issuing from a simple mode of matter. More +especially the cosmology of Anaximander resembles the modern doctrine of +evolution in its conception of the indeterminate ([Greek: to apeiron]) +out of which the particular forms of the cosmos are differentiated. +Again, Anaximander may be said to prepare the way for more modern +conceptions of material evolution by regarding his primordial substance +as eternal, and by looking on all generation as alternating with +destruction, each step of the process being of course simply a +transformation of the indestructible substance. Once more, the notion +that this indeterminate body contains potentially in itself the +fundamental contraries--hot, cold, &c.--by the excretion or evolution of +which definite substances were generated, is clearly a forecasting of +that antithesis of potentiality and actuality which from Aristotle +downwards has been made the basis of so many theories of development. In +conclusion, it is noteworthy that though resorting to utterly fanciful +hypotheses respecting the order of the development of the world, +Anaximander agrees with modern evolutionists in conceiving the heavenly +bodies as arising out of an aggregation of diffused matter, and in +assigning to organic life an origin in the inorganic materials of the +primitive earth (pristine mud). The doctrine of Anaximenes, who unites +the conceptions of a determinate and indeterminate original substance +adopted by Thales and Anaximander in the hypothesis of a primordial and +all-generating air, is a clear advance on these theories, inasmuch as it +introduces the scientific idea of condensation and rarefaction as the +great generating or transforming agencies. For the rest, his theory is +chiefly important as emphasizing the vital character of the original +substance. The primordial air is conceived as animated. Anaximenes seems +to have inclined to a view of cosmic evolution as throughout involving +a quasi-spiritual factor. This idea of the air as the original principle +and source of life and intelligence is much more clearly expressed by a +later writer, Diogenes of Apollonia. Diogenes made this conception of a +vital and intelligent air the ground of a teleological view of climatic +and atmospheric phenomena. It is noteworthy that he sought to establish +the identity of organic and inorganic matter by help of the facts of +vegetal and animal nutrition. Diogenes distinctly taught that the world +is of finite duration, and will be renewed out of the primitive +substance. + +Heraclitus again deserves a prominent place in a history of the idea of +evolution. Heraclitus conceives of the incessant process of flux in +which all things are involved as consisting of two sides or +moments--generation and decay--which are regarded as a confluence of +opposite streams. In thus making transition or change, viewed as the +identity of existence and non-existence, the leading idea of his system, +Heraclitus anticipated in some measure Hegel's peculiar doctrine of +evolution as a dialectic process.[1] At the same time we may find +expressed in figurative language the germs of thoughts which enter into +still newer doctrines of evolution. For example, the notion of conflict +([Greek: polemos]) as the father of all things and of harmony as arising +out of a union of discords, and again of an endeavour by individual +things to maintain themselves in permanence against the universal +process of destruction and renovation, cannot but remind one of certain +fundamental ideas in Darwin's theory of evolution. + +_Empedocles._--Empedocles took an important step in the direction of +modern conceptions of physical evolution by teaching that all things +arise, not by transformations of some primitive form of matter, but by +various combinations of a number of permanent elements. Further, by +maintaining that the elements are continually being combined and +separated by the two forces love and hatred, which appear to represent +in a figurative way the physical forces of attraction and repulsion, +Empedocles may be said to have made a considerable advance in the +construction of the idea of evolution as a strictly mechanical process. +It may be observed, too, that the hypothesis of a primitive compact mass +(_sphaerus_), in which love (attraction) is supreme, has some curious +points of similarity to, and contrast with, that notion of a primitive +nebulous matter with which the modern doctrine of cosmic evolution +usually sets out. Empedocles tries to explain the genesis of organic +beings, and, according to Lange, anticipates the idea of Darwin that +adaptations abound, because it is their nature to perpetuate themselves. +He further recognizes a progress in the production of vegetable and +animal forms, though this part of his theory is essentially crude and +unscientific. More important in relation to the modern problems of +evolution is his thoroughly materialistic way of explaining the origin +of sensation and knowledge by help of his peculiar hypothesis of +effluvia and pores. The supposition that sensation thus rests on a +material process of absorption from external bodies naturally led up to +the idea that plants and even inorganic substances are precipient, and +so to an indistinct recognition of organic life as a scale of +intelligence. + +_Atomists._--In the theory of Atomism taught by Leucippus and Democritus +we have the basis of the modern mechanical conceptions of cosmic +evolution. Here the endless harmonious diversity of our cosmos, as well +as of other worlds supposed to coexist with our own, is said to arise +through the various combination of indivisible material elements +differing in figure and magnitude only. The force which brings the atoms +together in the forms of objects is inherent in the elements, and all +their motions are necessary. The origin of things, which is also their +substance, is thus laid in the simplest and most homogeneous elements or +principles. The real world thus arising consists only of diverse +combinations of atoms, having the properties of magnitude, figure, +weight and hardness, all other qualities being relative only to the +sentient organism. The problem of the genesis of mind is practically +solved by identifying the soul, or vital principle, with heat or fire +which pervades in unequal proportions, not only man and animals, but +plants and nature as a whole, and through the agitation of which by +incoming effluvia all sensation arises. + +_Aristotle._--Aristotle is much nearer a conception of evolution than +his master Plato. It is true he sets out with a transcendent Deity, and +follows Plato in viewing the creation of the cosmos as a process of +descent from the more to the less perfect according to the distance from +the original self-moving agency. Yet on the whole Aristotle leans to a +teleological theory of evolution, which he interprets dualistually by +means of certain metaphysical distinctions. Thus even his idea of the +relation of the divine activity to the world shows a tendency to a +pantheistic notion of a divine thought which gradually realizes itself +in the process of becoming. Aristotle's distinction of form and matter, +and his conception of becoming as a transition from actuality to +potentiality, provides a new ontological way of conceiving the process +of material and organic evolution.[2] To Aristotle the whole of nature +is instinct with a vital impulse towards some higher manifestation. +Organic life presents itself to him as a progressive scale of complexity +determined by its final end, namely, man.[3] In some respects Aristotle +approaches the modern view of evolution. Thus, though he looked on +species as fixed, being the realization of an unchanging formative +principle ([Greek: physis]), he seems, as Ueberweg observes, to have +inclined to entertain the possibility of a spontaneous generation in the +case of the lowest organisms. Aristotle's teleological conception of +organic evolution often approaches modern mechanical conceptions. Thus +he says that nature fashions organs in the order of their necessity, the +first being those essential to life. So, too, in his psychology he +speaks of the several degrees of mind as arising according to a +progressive necessity.[4] In his view of touch and taste, as the two +fundamental and essential senses, he may remind one of Herbert Spencer's +doctrine. At the same time Aristotle precludes the idea of a natural +development of the mental series by the supposition that man contains, +over and above a natural finite soul inseparable from the body, a +substantial and eternal principle ([Greek: nous]) which enters into the +individual from without. Aristotle's brief suggestions respecting the +origin of society and governments in the _Politics_ show a leaning to a +naturalistic interpretation of human history as a development +conditioned by growing necessities. + +_Strato._--Of Aristotle's immediate successors one deserves to be +noticed here, namely, Strato of Lampsacus, who developed his master's +cosmology into a system of naturalism. Strato appears to reject +Aristotle's idea of an original source of movement and life extraneous +to the world in favour of an immanent principle. All parts of matter +have an inward plastic life whereby they can fashion themselves to the +best advantage, according to their capability, though not with +consciousness. + +_The Stoics._--In the cosmology of the Stoics we have the germ of a +monistic and pantheistic conception of evolution. All things are said to +be developed out of an original being, which is at once material (fire) +and spiritual (the Deity), and in turn they will dissolve back into this +primordial source. At the same time the world as a developed whole is +regarded as an organism which is permeated with the divine Spirit, and +so we may say that the world-process is a self-realization of the divine +Being. The formative principle or force of the world is said to contain +the several rational germinal forms of things. Individual things are +supposed to arise out of the original being, as animals and plants out +of seeds. Individual souls are an efflux from the all-compassing +world-soul. The necessity in the world's order is regarded by the Stoics +as identical with the divine reason, and this idea is used as the basis +of a teleological and optimistic view of nature. Very curious, in +relation to modern evolutional ideas, is the Stoical doctrine that our +world is but one of a series of exactly identical ones, all of which +are destined to be burnt up and destroyed. + +_The Epicureans--Lucretius._--The Epicureans differed from the Stoics by +adopting a purely mechanical view of the world-process. Their +fundamental conception is that of Democritus; they seek to account for +the formation of the cosmos, with its order and regularity, by setting +out with the idea of an original (vertical) motion of the atoms, which +somehow or other results in movements towards and from one another. Our +world is but one of an infinite number of others, and all the harmonies +and adaptations of the universe are regarded as a special case of the +infinite possibilities of mechanical events. Lucretius regards the +primitive atoms (first beginnings or first bodies) as seeds out of which +individual things are developed. All living and sentient things are +formed out of insentient atoms (e.g. worms spring out of dung). The +peculiarity of organic and sentient bodies is due to the minuteness and +shape of their particles, and to their special motions and combinations. +So, too, mind consists but of extremely fine particles of matter, and +dissolves into air when the body dies. Lucretius traces, in the fifth +book of his poem, the progressive genesis of vegetal and animal forms +out of the mother-earth. He vaguely anticipates the modern idea of the +world as a survival of the fittest when he says that many races may have +lived and died out, and that those which still exist have been protected +either by craft, courage or speed. Lucretius touches on the development +of man out of a primitive, hardy, beast-like condition. Pregnant hints +are given respecting a natural development of language which has its +germs in sounds of quadrupeds and birds, of religious ideas out of +dreams and waking hallucinations, and of the art of music by help of the +suggestion of natural sounds. Lucretius thus recognizes the whole range +of existence to which the doctrine of evolution may be applied. + +_Neoplatonists._--In the doctrines of the Neoplatonists, of whom +Plotinus is the most important, we have the world-process represented +after the example of Plato as a series of descending steps, each being +less perfect than its predecessors, since it is further removed from the +first cause.[5] The system of Plotinus, Zellar remarks, is not strictly +speaking one of emanation, since there is no communication of the divine +essence to the created world; yet it resembles emanation inasmuch as the +genesis of the world is conceived as a necessary physical effect, and +not as the result of volition. In Proclus we find this conception of an +emanation of the world out of the Deity, or the absolute, made more +exact, the process being regarded as threefold--(1) persistence of cause +in effect, (2) the departure of effect from cause, and (3) the tendency +of effect to revert to its cause. + +_The Fathers._--The speculations of the fathers respecting the origin +and course of the world seek to combine Christian ideas of the Deity +with doctrines of Greek philosophy. The common idea of the origin of +things is that of an absolute creation of matter and mind alike. The +course of human history is regarded by those writers who are most +concerned to refute Judaism as a progressive divine education. Among the +Gnostics we meet with the hypothesis of emanation, as, for example, in +the curious cosmic theory of Valentinus. + +_Middle Ages--Early Schoolmen._--In the speculative writings of the +middle ages, including those of the schoolmen, we find no progress +towards a more accurate and scientific view of nature. The cosmology of +this period consists for the most part of the Aristotelian teleological +view of nature combined with the Christian idea of the Deity and His +relation to the world. In certain writers, however, there appears a more +elaborate transformation of the doctrine of creation into a system of +emanation. According to John Scotus Erigena, the nothing out of which +the world is created is the divine essence. Creation is the act by which +God passes through the primordial causes, or universal ideas, into the +region of particular things (_processio_), in order finally to return to +himself (_reversio_). The transition from the universal to the +particular is of course conceived as a descent or degradation. A similar +doctrine of emanation is to be found in the writings of Bernhard of +Chartres, who conceives the process of the unfolding of the world as a +movement in a circle from the most general to the individual, and from +this back to the most general. This movement is said to go forth from +God to the animated heaven, stars, visible world and man, which +represent decreasing degrees of cognition. + +_Arab Philosophers._--Elaborate doctrines of emanation, largely based on +Neoplatonic ideas, are also propounded by some of the Arabic +philosophers, as by Farabi and Avicenna. The leading thought is that of +a descending series of intelligences, each emanating from its +predecessor, and having its appropriate region in the universe. + +_Jewish Philosophy._--In the Jewish speculations of the middle ages may +be found curious forms of the doctrine of emanations uniting the +Biblical idea of creation with elements drawn from the Persians and the +Greeks. In the later and developed form of the Kabbala, the origin of +the world is represented as a gradually descending emanation of the +lower out of the higher. Among the philosophic Jews, the Spanish +Avicebron, in his _Fons Vitae_, expounds a curious doctrine of +emanation. Here the divine will is viewed as an efflux from the divine +wisdom, as the intermediate link between God, the first substance, and +all things, and as the fountain out of which all forms emanate. At the +same time all forms, including the higher intelligible ones, are said to +have their existence only in matter. Matter is the one universal +substance, body and mind being merely specifications of this. Thus +Avicebron approaches, as Salomon Munk observes,[6] a pantheistic +conception of the world, though he distinctly denies both matter and +form to God. + +_Later Scholastics._--Passing now to the later schoolmen, a bare mention +must be made of Thomas Aquinas, who elaborately argues for the absolute +creation of the world out of nothing, and of Albertus Magnus, who +reasons against the Aristotelian idea of the past eternity of the world. +More importance attaches to Duns Scotus, who brings prominently forward +the idea of a progressive development in nature by means of a process of +determination. The original substance of the world is the _materia +primo-prima_, which is the immediate creation of the Deity. This serves +Duns Scotus as the most universal basis of existence, all angels having +material bodies. This matter is differentiated into particular things +(which are not privations but perfections) through the addition of an +individualizing principle (_haecceitas_) to the universal (_quidditas_). +The whole world is represented by the figure of a tree, of which the +seeds and roots are the first indeterminate matter, the leaves the +accidents, the twigs and branches corruptible creatures, the blossoms +the rational soul, and the fruit pure spirits or angels. It is also +described as a bifurcation of two twigs, mental and bodily creation out +of a common root. One might almost say that Duns Scotus recognizes the +principle of a gradual physical evolution, only that he chooses to +represent the mechanism by which the process is brought about by means +of quaint scholastic fictions. + +_Revival of Learning._--The period of the revival of learning, which was +also that of a renewed study of nature, is marked by a considerable +amount of speculation respecting the origin of the universe. In some of +these we see a return to Greek theories, though the influence of +physical discoveries, more especially those of Copernicus, Kepler and +Galileo, is distinctly traceable. + +_Telesio._--An example of a return to early Greek speculation is to be +met with in Bernardino Telesio. By this writer the world is explained as +a product of three principles--dead matter, and two active forces, heat +and cold. Terrestrial things arise through a confluence of heat, which +issues from the heavens, and cold, which comes from the earth. Both +principles have sensibility, and thus all products of their collision +are sentient, that is, feel pleasure and pain. The superiority of +animals to plants and metals in the possession of special organs of +sense is connected with the greater complexity and heterogeneity of +their structure. + +_Giordano Bruno._--In the system of Giordano Bruno, who sought to +construct a philosophy of nature on the basis of new scientific ideas, +more particularly the doctrine of Copernicus, we find the outlines of a +theory of cosmic evolution conceived as an essentially vital process. +Matter and form are here identified, and the evolution of the world is +presented as the unfolding of the world-spirit to its perfect forms +according to the plastic substratum (matter) which is but one of its +sides. This process of change is conceived as a transformation, in +appearance only, of the real unchanging substance (matter and form). All +parts of matter are capable of developing into all forms; thus the +materials of the table and chair may under proper circumstances be +developed to the life of the plant or of the animal. The elementary +parts of existence are the _minima_, or monads, which are at once +material and mental. On their material side they are not absolutely +unextended, but spherical. Bruno looked on our solar system as but one +out of an infinite number of worlds. His theory of evolution is +essentially pantheistic, and he does not employ his hypothesis of monads +in order to work out a more mechanical conception. + +_Campanella._--A word must be given to one of Bruno's contemporary +compatriots, namely Campanella, who gave poetic expression to that +system of universal vitalism which Bruno developed. He argues, from the +principle _quicquid est in effectibus esse et in causis_, that the +elements and the whole world have sensation, and thus he appears to +derive the organic part of nature out of the so-called "inorganic." + +_Boehme._--Another writer of this transition period deserves a passing +reference here, namely, Jacob Boehme the mystic, who by his conception +of a process of inner diremption as the essential character of all mind, +and so of God, prepared the way for later German theories of the origin +of the world as the self-differentiation and self-externalization of the +absolute spirit. + +_Hobbes and Gassendi._--The influence of an advancing study of nature, +which was stimulated if not guided by Bacon's writings, is seen in the +more careful doctrines of materialism worked out almost simultaneously +by Hobbes and Gassendi. These theories, however, contain little that +bears directly on the hypothesis of a natural evolution of things. In +the view of Hobbes, the difficulty of the genesis of conscious minds is +solved by saying that sensation and thought are part of the reaction of +the organism on external movement. Yet Hobbes appears (as Clarke points +out) to have vaguely felt the difficulty; and in a passage of his +_Physics_ (chap. 25, sect. 5) he says that the universal existence of +sensation in matter cannot be disproved, though he shows that when there +are no organic arrangements the mental side of the movement +(_phantasma_) is evanescent. The theory of the origin of society put +forth by Hobbes, though directly opposed in most respects to modern +ideas of social evolution, deserves mention here by reason of its +enforcing that principle of struggle (_bellum omnium contra omnes_) +which has played so conspicuous a part in the modern doctrine of +evolution. Gassendi, with some deviations, follows Epicurus in his +theory of the formation of the world. The world consists of a finite +number of atoms, which have in their own nature a self-moving force or +principle. These atoms, which are the seeds of all things, are, however, +not eternal but created by God. Gassendi distinctly argues against the +existence of a world-soul or a principle of life in nature. + +_Descartes._--In the philosophy of Descartes we meet with a dualism of +mind and matter which does not easily lend itself to the conception of +evolution. His doctrine that consciousness is confined to man, the lower +animals being unconscious machines (_automata_), excludes all idea of a +progressive development of mind. Yet Descartes, in his _Principia +Philosophiae_, laid the foundation of the modern mechanical conception +of nature and of physical evolution. In the third part of this work he +inclines to a thoroughly natural hypothesis respecting the genesis of +the physical world, and adds in the fourth part that the same kind of +explanation might be applied to the nature and formation of plants and +animals. He is indeed careful to keep right with the orthodox doctrine +of creation by saying that he does not believe the world actually arose +in this mechanical way out of the three kinds of elements which he here +supposes, but that he simply puts out his hypothesis as a mode of +conceiving how it might have arisen. Descartes's account of the mind and +its passions is thoroughly materialistic, and to this extent he works in +the direction of a materialistic explanation of the origin of mental +life. + +_Spinoza._--In Spinoza's pantheistic theory of the world, which regards +thought and extension as but two sides of one substance, the problem of +becoming is submerged in that of being. Although Spinoza's theory +attributes a mental side to all physical events, he rejects all +teleological conceptions and explains the order of things as the result +of an inherent necessity. He recognizes gradations of things according +to the degree of complexity of their movements and that of their +conceptions. To Spinoza (as Kuno Fischer observes) man differs from the +rest of nature in the degree only and not in the kind of his powers. So +far Spinoza approaches the conception of evolution. He may be said to +furnish a further contribution to a metaphysical conception of evolution +in his view of all finite individual things as the infinite variety to +which the unlimited productive power of the universal substance gives +birth. Sir F. Pollock has taken pains to show how nearly Spinoza +approaches certain ideas contained in the modern doctrine of evolution, +as for example that of self-preservation as the determining force in +things. + +_Locke._--In Locke we find, with a retention of certain +anti-evolutionist ideas, a marked tendency to this mode of viewing the +world. To Locke the universe is the result of a direct act of creation, +even matter being limited in duration and created. Even if matter were +eternal it would, he thinks, be incapable of producing motion; and if +motion is itself conceived as eternal, thought can never begin to be. +The first eternal being is thus spiritual or "cogitative," and contains +in itself all the perfections that can ever after exist. He repeatedly +insists on the impossibility of senseless matter putting on sense.[7] +Yet while thus placing himself at a point of view opposed to that of a +gradual evolution of the organic world, Locke prepared the way for this +doctrine in more ways than one. First of all, his genetic method as +applied to the mind's ideas--which laid the foundations of English +analytical psychology--was a step in the direction of a conception of +mental life as a gradual evolution. Again he works towards the same end +in his celebrated refutation of the scholastic theory of real specific +essences. In this argument he emphasizes the vagueness of the boundaries +which mark off organic species with a view to show that these do not +correspond to absolutely fixed divisions in the objective world, that +they are made by the mind, not by nature.[8] This idea of the continuity +of species is developed more fully in a remarkable passage (_Essay_, bk. +iii. ch. vi. § 12), where he is arguing in favour of the hypothesis, +afterwards elaborated by Leibnitz, of a graduated series of minds +(species of spirits) from the Deity down to the lowest animal +intelligence. He here observes that "all quite down from us the descent +is by easy steps, and a continued series of things, that in each remove +differ very little from one another." Thus man approaches the beasts, +and the animal kingdom is nearly joined with the vegetable, and so on +down to the lowest and "most inorganical parts of matter." Finally, it +is to be observed that Locke had a singularly clear view of organic +arrangements (which of course he explained according to a theistic +teleology) as an adaptation to the circumstances of the environment or +to "the neighbourhood of the bodies that surround us." Thus he suggests +that man has not eyes of a microscopic delicacy, because he would +receive no great advantage from such acute organs, since though adding +indefinitely to his speculative knowledge of the physical world they +would not practically benefit their possessor (e.g. by enabling him to +avoid things at a convenient distance).[9] + +_Idea of Progress in History._--Before leaving the 17th century we must +just refer to the writers who laid the foundations of the essentially +modern conception of human history as a gradual upward progress. +According to Flint,[10] there were four men who in this and the +preceding century seized and made prominent this idea, namely, Bodin, +Bacon, Descartes and Pascal. The former distinctly argues against the +idea of a deterioration of man in the past. In this way we see that just +as advancing natural science was preparing the way for a doctrine of +physical evolution, so advancing historical research was leading to the +application of a similar idea to the collective human life. + +_English Writers of the 18th Century--Hume._--The theological +discussions which make up so large a part of the English speculation of +the 18th century cannot detain us here. There is, however, one writer +who sets forth so clearly the alternative suppositions respecting the +origin of the world that he claims a brief notice. We refer to David +Hume. In his _Dialogues concerning Natural Religion_ he puts forward +tentatively, in the person of one of his interlocutors, the ancient +hypothesis that since the world resembles an animal or vegetal organism +rather than a machine, it might more easily be accounted for by a +process of generation than by an act of creation. Later on he develops +the materialistic view of Epicurus, only modifying it so far as to +conceive of matter as finite. Since a finite number of particles is only +susceptible of finite transpositions, it must happen (he says), in an +eternal duration that every possible order or position will be tried an +infinite number of times, and hence this world is to be regarded (as the +Stoics maintained) as an exact reproduction of previous worlds. The +speaker seeks to make intelligible the appearance of art and contrivance +in the world as a result of a natural settlement of the universe (which +passes through a succession of chaotic conditions) into a stable +condition, having a constancy in its forms, yet without its several +parts losing their motion and fluctuation. + +_French Writers of the 18th Century._--Let us now pass to the French +writers of the 18th century. Here we are first struck by the results of +advancing physical speculation in their bearing on the conception of the +world. Careful attempts, based on new scientific truths, are made to +explain the genesis of the world as a natural process. Maupertuis, who, +together with Voltaire, introduced the new idea of the universe as based +on Newton's discoveries, sought to account for the origin of organic +things by the hypothesis of sentient atoms. Buffon the naturalist +speculated, not only on the structure and genesis of organic beings, but +also on the course of formation of the earth and solar system, which he +conceived after the analogy of the development of organic beings out of +seed. Diderot, too, in his varied intellectual activity, found time to +speculate on the genesis of sensation and thought out of a combination +of matter endowed with an elementary kind of sentience. De la Mettrie +worked out a materialistic doctrine of the origin of things, according +to which sensation and consciousness are nothing but a development out +of matter. He sought (_L'Homme-machine_) to connect man in his original +condition with the lower animals, and emphasized (_L'Homme-plante_) the +essential unity of plan of all living things. Helvétius, in his work on +man, referred all differences between our species and the lower animals +to certain peculiarities of organization, and so prepared the way for a +conception of human development out of lower forms as a process of +physical evolution. Charles Bonnet met the difficulty of the origin of +conscious beings much in the same way as Leibnitz, by the supposition of +eternal minute organic bodies to which are attached immortal souls. Yet +though in this way opposing himself to the method of the modern doctrine +of evolution, he aided the development of this doctrine by his view of +the organic world as an ascending scale from the simple to the complex. +Robinet, in his treatise _De la nature_, worked out the same conception +of a gradation in organic existence, connecting this with a general view +of nature as a progress from the lowest inorganic forms of matter up to +man. The process is conceived as an infinite series of variations or +specifications of one primitive and common type. Man is the +_chef-d'oeuvre_ of nature, which the gradual progression of beings was +to have as its last term, and all lower creations are regarded as +pre-conditions of man's existence, since nature "could only realize the +human form by combining in all imaginable ways each of the traits which +was to enter into it." The formative force in this process of evolution +(or "metamorphosis") is conceived as an intellectual principle (_idée +génératrice_). Robinet thus laid the foundation of that view of the +world as wholly vital, and as a progressive unfolding of a spiritual +formative principle, which was afterwards worked out by Schelling. It is +to be added that Robinet adopted a thorough-going materialistic view of +the dependence of mind on body, going even to the length of assigning +special nerve-fibres to the moral sense. The system of Holbach seeks to +provide a consistent materialistic view of the world and its processes. +Mental operations are identified with physical movements, the three +conditions of physical movement, inertia, attraction and repulsion, +being in the moral world self-love, love and hate. He left open the +question whether the capability of sensation belongs to all matter, or +is confined to the combinations of certain materials. He looked on the +actions of the individual organism and of society as determined by the +needs of self-preservation. He conceived of man as a product of nature +that had gradually developed itself from a low condition, though he +relinquished the problem of the exact mode of his first genesis and +advance as not soluble by data of experience. Holbach thus worked out +the basis of a rigorously materialistic conception of evolution. + +The question of human development which Holbach touched on was one which +occupied many minds both in and out of France during the 18th century, +and more especially towards its close. The foundations of this theory of +history as an upward progress of man out of a barbaric and animal +condition were laid by Vico in his celebrated work _Principii di scienza +nuova_. In France the doctrine was represented by Turgot and Condorcet. + +_German Writers of the 18th Century--Leibnitz._--In Leibnitz we find, if +not a doctrine of evolution in the strict sense, a theory of the world +which is curiously related to the modern doctrine. The chief aim of +Leibnitz is no doubt to account for the world in its static aspect as a +co-existent whole, to conceive the ultimate reality of things in such a +way as to solve the mystery of mind and matter. Yet by his very mode of +solving the problem he is led on to consider the nature of the +world-process. By placing substantial reality in an infinite number of +monads whose essential nature is force or activity, which is conceived +as mental (representation), Leibnitz was carried on to the explanation +of the successive order of the world. He prepares the way, too, for a +doctrine of evolution by his monistic idea of the substantial similarity +of all things, inorganic and organic, bodily and spiritual, and still +more by his conception of a perfect gradation of existence from the +lowest "inanimate" objects, whose essential activity is confused +representation, up to the highest organized being--man--with his clear +intelligence.[11] Turning now to Leibnitz's conception of the world as a +process, we see first that he supplies, in his notion of the underlying +reality as force which is represented as spiritual (_quelque chose +d'analogique au sentiment et à l'appétit_), both a mechanical and a +teleological explanation of its order. More than this, Leibnitz supposes +that the activity of the monads takes the form of a self-evolution. It +is the following out of an inherent tendency or impulse to a series of +changes, all of which were virtually pre-existent, and this process +cannot be interfered with from without. As the individual monad, so the +whole system which makes up the world is a gradual development. In this +case, however, we cannot say that each step goes out of the other as in +that of individual development. Each monad is an original independent +being, and is determined to take this particular point in the universe, +this place in the scale of beings. We see how different this +metaphysical conception is from that scientific notion of cosmic +evolution in which the lower stages are the antecedents and conditions +of the higher. It is probable that Leibnitz's notion of time and space, +which approaches Kant's theory, led him to attach but little importance +to the successive order of the world. Leibnitz, in fact, presents to us +an infinite system of perfectly distinct though parallel developments, +which on their mental side assume the aspect of a scale, not through any +mutual action, but solely through the determination of the Deity. Even +this idea, however, is incomplete, for Leibnitz fails to explain the +physical aspect of development. Thus he does not account for the fact +that organic beings--which have always existed as preformations (in the +case of animals as _animaux spermatiques_)--come to be developed under +given conditions. Yet Leibnitz prepared the way for a new conception of +organic evolution. The modern monistic doctrine, that all material +things consist of sentient elements, and that consciousness arises +through a combination of these, was a natural transformation of +Leibnitz's theory.[12] + +_Lessing._--Of Leibnitz's immediate followers we may mention Lessing, +who in his _Education of the Human Race_ brought out the truth of the +process of gradual development underlying human history, even though he +expressed this in a form inconsistent with the idea of a spontaneous +evolution. + +_Herder._--Herder, on the other hand, Lessing's contemporary, treated +the subject of man's development in a thoroughly naturalistic spirit. In +his I_deen zur Philosophie der Geschichte_, Herder adopts Leibnitz's +idea of a graduated scale of beings, at the same time conceiving of the +lower stages as the conditions of the higher. Thus man is said to be the +highest product of nature, and as such to be dependent on all lower +products. All material things are assimilated to one another as organic, +the vitalizing principle being inherent in all matter. The development +of man is explained in connexion with that of the earth, and in relation +to climatic variations, &c. Man's mental faculties are viewed as related +to his organization, and as developed under the pressure of the +necessities of life.[13] + +_Kant._--Kant's relation to the doctrine of evolution is a many-sided +one. In the first place, his peculiar system of subjective idealism, +involving the idea that time is but a mental form to which there +corresponds nothing in the sphere of noümenal reality, serves to give a +peculiar philosophical interpretation to every doctrine of cosmic +evolution. Kant, like Leibnitz, seeks to reconcile the mechanical and +teleological views of nature, only he assigns to these different +spheres. The order of the inorganic world is explained by properly +physical causes. In his _Naturgeschichte des Himmels_, in which he +anticipated the nebular theory afterwards more fully developed by +Laplace, Kant sought to explain the genesis of the cosmos as a product +of physical forces and laws. The worlds, or systems of worlds, which +fill infinite space are continually being formed and destroyed. Chaos +passes by a process of evolution into a cosmos, and this again into +chaos. So far as the evolution of the solar system is concerned, Kant +held these mechanical causes as adequate. For the world as a whole, +however, he postulated a beginning in time (whence his use of the word +creation), and further supposed that the impulse of organization which +was conveyed to chaotic matter by the Creator issued from a central +point in the infinite space spreading gradually outwards.[14] While in +his cosmology Kant thus relies on mechanical conceptions, in his +treatment of organic life his mind is, on the contrary, dominated by +teleological ideas. An organism was to him something controlled by a +formative organizing principle. It was natural, therefore, that he +rejected the idea of a spontaneous generation of organisms (which was +just then being advocated by his friend Forster), not only as +unsupported by experience but as an inadequate hypothesis. Experience +forbids our excluding organic activity from natural causes, also our +excluding intelligence from purposeful (_zwecktätigen_) causes; hence +experience forbids our defining the fundamental force or first cause out +of which living creatures arose.[15] Just as Kant thus sharply marks off +the regions of the inorganic and the organic, so he sets man in strong +opposition to the lower animals. His ascription to man of a unique +faculty, free-will, forbade his conceiving our species as a link in a +graduated series of organic developments. In his doctrine of human +development he does indeed recognize an early stage of existence in +which our species was dominated by sensuous enjoyment and instinct. He +further conceives of this stage as itself a process of (natural) +development, namely, of the natural disposition of the species to vary +in the greatest possible manner so as to preserve its unity through a +process of self-adaptation (_Anarten_) to climate. This, he says, must +not be conceived as resulting from the action of external causes, but is +due to a natural disposition (_Anlage_). From this capability of natural +development (which already involves a teleological idea) Kant +distinguishes the power of moral self-development or self-liberation +from the dominion of nature, the gradual realization of which +constitutes human history or progress. This moral development is +regarded as a gradual approach to that rational, social and political +state in which will be realized the greatest possible quantity of +liberty. Thus Kant, though he appropriated and gave new form to the idea +of human progress, conceived of this as wholly distinct from a natural +(mechanical) process. In this particular, as in his view of organic +actions, Kant distinctly opposed the idea of evolution as one universal +process swaying alike the physical and the moral world. + +_Schelling._--In the earlier writings of Schelling, containing the +philosophy of identity, existence is represented as a becoming, or +process of evolution. Nature and mind (which are the two sides, or polar +directions, of the one absolute) are each viewed as an activity +advancing by an uninterrupted succession of stages. The side of this +process which Schelling worked out most completely is the negative side, +that is, nature. Nature is essentially a process of organic +self-evolution. It can only be understood by subordinating the +mechanical conception to the vital, by conceiving the world as one +organism animated by a spiritual principle or intelligence +(_Weltseele_). From this point of view the processes of nature from the +inorganic up to the most complex of the organic become stages in the +self-realization of nature. All organic forms are at bottom but one +organization, and the inorganic world shows the same formative activity +in various degrees or potences. Schelling conceives of the gradual +self-evolution of nature in a succession of higher and higher forms as +brought about by a limitation of her infinite productivity, showing +itself in a series of points of arrest. The detailed exhibition of the +organizing activity of nature in the several processes of the organic +and inorganic world rests on a number of fanciful and unscientific +ideas. Schelling's theory is a bold attempt to revitalize nature in the +light of growing physical and physiological science, and by so doing to +comprehend the unity of the world under the idea of one principle of +organic development. His highly figurative language might leave us in +doubt how far he conceived the higher stages of this evolution of nature +as following the lower in time. In the introduction to his work _Von der +Weltseele_, however, he argues in favour of the possibility of a +transmutation of species in periods incommensurable with ours. The +evolution of mind (the positive pole) proceeds by way of three +stages--theoretic, practical and aesthetical activity. Schelling's later +theosophic speculations do not specially concern us here. + +_Followers of Schelling._--Of the followers of Schelling a word or two +must be said. Heinrich Steffens, in his _Anthropologie_, seeks to trace +out the origin and history of man in connexion with a general theory of +the development of the earth, and this again as related to the formation +of the solar system. All these processes are regarded as a series of +manifestations of a vital principle in higher and higher forms. Oken, +again, who carries Schelling's ideas into the region of biological +science, seeks to reconstruct the gradual evolution of the material +world out of original matter, which is the first immediate appearance of +God, or the absolute. This process is an upward one, through the +formation of the solar system and of our earth with its inorganic +bodies, up to the production of man. The process is essentially a polar +linear action, or differentiation from a common centre. By means of this +process the bodies of the solar system separate themselves, and the +order of cosmic evolution is repeated in that of terrestrial evolution. +The organic world (like the world as a whole) arises out of a primitive +chaos, namely, the infusorial slime. A somewhat similar working out of +Schelling's idea is to be found in H.C. Oersted's work entitled _The +Soul in Nature_ (Eng. trans.). Of later works based on Schelling's +doctrine of evolution mention may be made of the volume entitled _Natur +und Idee_, by G.F. Carus. According to this writer, existence is nothing +but a becoming, and matter is simply the momentary product of the +process of becoming, while force is this process constantly revealing +itself in these products. + +_Hegel._--Like Schelling, Hegel conceives the problem of existence as +one of becoming. He differs from him with respect to the ultimate motive +of that process of gradual evolution which reveals itself alike in +nature and in mind. With Hegel the absolute is itself a dialectic +process which contains within itself a principle of progress from +difference to difference and from unity to unity. "This process (W. +Wallace remarks) knows nothing of the distinctions between past and +future, because it implies an eternal present." This conception of an +immanent spontaneous evolution is applied alike both to nature and to +mind and history. Nature to Hegel is the idea in the form of hetereity; +and finding itself here it has to remove this exteriority in a +progressive evolution towards an existence for itself in life and mind. +Nature (says Zeller) is to Hegel a system of gradations, of which one +arises necessarily out of the other, and is the proximate truth of that +out of which it results. There are three stadia, or moments, in this +process of nature--(1) the mechanical moment, or matter devoid of +individuality; (2) the physical moment, or matter which has +particularized itself in bodies--the solar system; and (3) the organic +moment, or organic beings, beginning with the geological organism--or +the mineral kingdom, plants and animals. Yet this process of development +is not to be conceived as if one stage is naturally produced out of the +other, and not even as if the one followed the other in time. Only +spirit has a history; in nature all forms are contemporaneous.[16] +Hegel's interpretation of mind and history as a process of evolution has +more scientific interest than his conception of nature. His theory of +the development of free-will (the objective spirit), which takes its +start from Kant's conception of history, with its three stages of legal +right, morality as determined by motive and instinctive goodness +(_Sittlichkeit_), might almost as well be expressed in terms of a +thoroughly naturalistic doctrine of human development. So, too, some of +his conceptions respecting the development of art and religion (the +absolute spirit) lend themselves to a similar interpretation. Yet while, +in its application to history, Hegel's theory of evolution has points of +resemblance with those doctrines which seek to explain the world-process +as one unbroken progress occurring in time, it constitutes on the whole +a theory apart and _sui generis_. It does not conceive of the organic as +succeeding on the inorganic, or of conscious life as conditioned in +time by lower forms. In this respect it resembles Leibnitz's idea of the +world as a development; the idea of evolution is in each case a +metaphysical as distinguished from a scientific one. Hegel gives a place +in his metaphysical system to the mechanical and the teleological views; +yet in his treatment of the world as an evolution the idea of end or +purpose is the predominant one. + +Of the followers of Hegel who have worked out his peculiar idea of +evolution it is hardly necessary to speak. A bare reference may be made +to J.K. F. Rosenkranz, who in his work _Hegel's Naturphilosophie_ seeks +to develop Hegel's idea of an earth-organism in the light of modern +science, recognizing in crystallization the morphological element. + +_Schopenhauer._--Of the other German philosophers immediately following +Kant, there is only one who calls for notice here, namely, Arthur +Schopenhauer. This writer, by his conception of the world as will which +objectifies itself in a series of gradations from the lowest +manifestations of matter up to conscious man, gives a slightly new shape +to the evolutional view of Schelling, though he deprives this view of +its optimistic character by denying any co-operation of intelligence in +the world-process. In truth, Schopenhauer's conception of the world as +the activity of a blind force is at bottom a materialistic and +mechanical rather than a spiritualistic and teleological theory. +Moreover, Schopenhauer's subjective idealism, and his view of time as +something illusory, hindered him from viewing this process as a sequence +of events in time. Thus he ascribes eternity of existence to species +under the form of the "Platonic ideas." As Ludwig Noiré observes, +Schopenhauer has no feeling for the problem of the origin of organic +beings. He says Lamarck's original animal is something metaphysical, not +physical, namely, the will to live. "Every species (according to +Schopenhauer) has of its own will, and according to the circumstances +under which it would live, determined its form and organization,--yet +not as something physical in time, but as something metaphysical out of +time." + +_Von Baer._--Before leaving the German speculation of the first half of +the century, a word must be said of von Baer, to whose biological +contributions we shall refer later in this article, who recognized in +the law of development the law of the universe as a whole. In his +_Entwickelungsgeschichte der Thiere_ (p. 264) he distinctly tells us +that the law of growing individuality is "the fundamental thought which +goes through all forms and degrees of animal development and all single +relations. It is the same thought which collected in the cosmic space +the divided masses into spheres, and combined these to solar systems; +the same which caused the weather-beaten dust on the surface of our +metallic planet to spring forth into living forms." Von Baer thus +prepared the way for Herbert Spencer's generalization of the law of +organic evolution as the law of all evolution. + +_Comte._--As we arrive at the 19th century, though yet before the days +of Darwin, biology is already beginning to affect the general aspect of +thought. It might suffice to single out the influence of Auguste Comte, +as the last great thinker who wrote before Darwinism began to permeate +philosophic speculation. Though Comte did not actually contribute to a +theory of cosmic organic evolution, he helped to lay the foundations of +a scientific conception of human history as a natural process of +development determined by general laws of human nature together with the +accumulating influences of the past. Comte does not recognize that this +process is aided by any increase of innate capacity; on the contrary, +progress is to him the unfolding of fundamental faculties of human +nature which always pre-existed in a latent condition; yet he may +perhaps be said to have prepared the way for the new conception of human +progress by his inclusion of mental laws under biology. + +_Development of the Biological Doctrine._--In the 19th century the +doctrine of evolution received new biological contents and became +transformed from a vague, partly metaphysical theory to the dominant +modern conception. At this point it is convenient to leave the guidance +of Professor J. Sully and to follow closely T.H. Huxley, who in the 9th +edition of this encyclopaedia traced the history of the growth of the +biological idea of evolution from its philosophical beginnings to its +efflorescence in Charles Darwin. + +In the earlier half of the 18th century the term "evolution" was +introduced into biological writings in order to denote the mode in which +some of the most eminent physiologists of that time conceived that the +generation of living things took place; in opposition to the hypothesis +advocated, in the preceding century, by W. Harvey in that remarkable +work[17] which would give him a claim to rank among the founders of +biological science, even had he not been the discoverer of the +circulation of the blood. + +One of Harvey's prime objects is to defend and establish, on the basis +of direct observation, the opinion already held by Aristotle, that, in +the higher animals at any rate, the formation of the new organism by the +process of generation takes place, not suddenly, by simultaneous +accretion of rudiments of all or the most important of the organs of the +adult, nor by sudden metamorphosis of a formative substance into a +miniature of the whole, which subsequently grows, but by _epigenesis_, +or successive differentiation of a relatively homogeneous rudiment into +the parts and structures which are characteristic of the adult. + + "Et primo, quidem, quoniam per _epigenesin_ sive partium + superexorientium additamentum pullum fabricari certum est: quaenam + pars ante alias omnes exstruatur, et quid de illa ejusque generandi + modo observandum veniat, dispiciemus. Ratum sane est et in ovo + manifeste apparet quod _Aristoteles_ de perfectorum animalium + generatione enuntiat: nimirum, non omnes partes simul fieri, sed + ordine aliam post aliam; primumque existere particulam genitalem, + cujus virtute postea (tanquam ex principio quodam) reliquae omnes + partes prosiliant. Qualem in plantarum seminibus (fabis, puta, aut + glandibus) gemmam sive apicem protuberantem cernimus, totius futurae + arboris principium. _Estque haec particula velut filius emancipatus + seorsumque collocatus, et principium per se vivens; unde postea + membrorum ordo describitur; et quaecunque ad absolvendum animal + pertinent, disponuntur._[18] Quoniam enim _nulla pars se ipsam + generat; sed postquam generata est, se ipsam jam auget; ideo eam + primum oriri necesse est, quae principium augendi contineat_ (_sive + enim planta, sive animal est, aeque omnibus inest quod vim habeat + vegetandi, sive nutriendi_),[19] simulque reliquas omnes partes suo + quamque ordine distinguat et formet; proindeque in eadem primogenita + particula anima primario inest, sensus, motusque, et totius vitae + auctor et principium." (_Exercitatio_ 51.) + +Harvey proceeds to contrast this view with that of the "Medici," or +followers of Hippocrates and Galen, who, "badly philosophizing," +imagined that the brain, the heart, and the liver were simultaneously +first generated in the form of vesicles; and, at the same time, while +expressing his agreement with Aristotle in the principle of epigenesis, +he maintains that it is the blood which is the primal generative part, +and not, as Aristotle thought, the heart. + +In the latter part of the 17th century the doctrine of epigenesis thus +advocated by Harvey was controverted on the ground of direct observation +by M. Malpighi, who affirmed that the body of the chick is to be seen in +the egg before the _punctum sanguineum_ makes it appearance. But from +this perfectly correct observation a conclusion which is by no means +warranted was drawn, namely, that the chick as a whole really exists in +the egg antecedently to incubation; and that what happens in the course +of the latter process is no addition of new parts, "alias post alias +natas," as Harvey puts it, but a simple expansion or unfolding of the +organs which already exist, though they are too small and inconspicuous +to be discovered. The weight of Malpighi's observations therefore fell +into the scale of that doctrine which Harvey terms metamorphosis, in +contradistinction to epigenesis. + +The views of Malpighi were warmly welcomed on philosophical grounds by +Leibnitz,[20] who found in them a support to his hypothesis of monads, +and by Nicholas Malebranche;[21] while, in the middle of the 18th +century, not only speculative considerations, but a great number of new +and interesting observations on the phenomena of generation, led the +ingenious Charles Bonnet and A. von Haller, the first physiologist of +the age, to adopt, advocate and extend them. + +Bonnet affirms that, before fecundation, the hen's egg contains an +excessively minute but complete chick; and that fecundation and +incubation simply cause this germ to absorb nutritious matters, which +are deposited in the interstices of the elementary structures of which +the miniature chick, or germ, is made up. The consequence of this +intussusceptive growth is the "development" or "evolution" of the germ +into the visible bird. Thus an organized individual (_tout organisé_) +"is a composite body consisting of the original, or _elementary_, parts +and of the matters which have been associated with them by the aid of +nutrition"; so that, if these matters could be extracted from the +individual (_tout_), it would, so to speak, become concentrated in a +point, and would thus be restored to its primitive condition of a +_germ_; "just as, by extracting from a bone the calcareous substance +which is the source of its hardness, it is reduced to its primitive +state of gristle or membrane."[22] + +"Evolution" and "development" are, for Bonnet, synonymous terms; and +since by "evolution" he means simply the expansion of that which was +invisible into visibility, he was naturally led to the conclusion, at +which Leibnitz had arrived by a different line of reasoning, that no +such thing as generation, in the proper sense of the word exists in +nature. The growth of an organic being is simply a process of +enlargement, as a particle of dry gelatine may be swelled up by the +intussusception of water; its death is a shrinkage, such as the swelled +jelly might undergo on desiccation. Nothing really new is produced in +the living world, but the germs which develop have existed since the +beginning of things; and nothing really dies, but, when what we call +death takes place, the living thing shrinks back into its germ +state.[23] + +The two parts of Bonnet's hypothesis, namely, the doctrine that all +living things proceed from pre-existing germs, and that these contain, +one enclosed within the other, the germs of all future living things, +which is the hypothesis of "emboîtement," and the doctrine that every +germ contains in miniature all the organs of the adult, which is the +hypothesis of evolution or development, in the primary senses of these +words, must be carefully distinguished. In fact, while holding firmly by +the former, Bonnet more or less modified the latter in his later +writings, and, at length, he admits that a "germ" need not be an actual +miniature of the organism, but that it may be merely an "original +preformation" capable of producing the latter.[24] + +But, thus defined, the germ is neither more nor less than the "particula +genitalis" of Aristotle, or the "primordium vegetale" or "ovum" of +Harvey; and the "evolution" of such a germ would not be distinguishable +from "epigenesis." + +Supported by the great authority of Haller, the doctrine of evolution, +or development, prevailed throughout the whole of the 18th century, and +Cuvier appears to have substantially adopted Bonnet's later views, +though probably he would not have gone all lengths in the direction of +"emboîtement." In a well-known note to Charles Leopold Laurillard's +_Éloge_, prefixed to the last edition of the _Ossemens fossiles_, the +"radical de l'être" is much the same thing as Aristotle's "particula +genitalis" and Harvey's "ovum."[25] + +Bonnet's eminent contemporary, Buffon, held nearly the same views with +respect to the nature of the germ, and expresses them even more +confidently. + + "Ceux qui ont cru que le coeur étoit le premier formé, se sont + trompés; ceux qui disent que c'est le sang se trompent aussi: tout est + formé en même temps. Si l'on ne consulte que l'observation, le poulet + se voit dans l'oeuf avant qu'il ait été couvé."[26] + + "J'ai ouvert une grande quantité d'oeufs à differens temps avant et + après l'incubation, et je me suis convaincu par mes yeux que le poulet + existe en entier dans le milieu de la cicatrule au moment qu'il sort + du corps de la poule."[27] + +The "moule intérieur" of Buffon is the aggregate of elementary parts +which constitute the individual, and is thus the equivalent of Bonnet's +germ,[28] as defined in the passage cited above. But Buffon further +imagined that innumerable "molécules organiques" are dispersed +throughout the world, and that alimentation consists in the +appropriation by the parts of an organism of those molecules which are +analogous to them. Growth, therefore, was, on this hypothesis, partly a +process of simple evolution, and partly of what has been termed +syngenesis. Buffon's opinion is, in fact, a sort of combination of +views, essentially similar to those of Bonnet, with others, somewhat +similar to those of the "Medici" whom Harvey condemns. The "molécules +organiques" are physical equivalents of Leibnitz's "monads." + +It is a striking example of the difficulty of getting people to use +their own powers of investigation accurately, that this form of the +doctrine of evolution should have held its ground so long; for it was +thoroughly and completely exploded, not long after its enunciation, by +Caspar Frederick Wolff, who in his _Theoria generatìonis_, published in +1759, placed the opposite theory of epigenesis upon the secure +foundation of fact, from which it has never been displaced. But Wolff +had no immediate successors. The school of Cuvier was lamentably +deficient in embryologists; and it was only in the course of the first +thirty years of the 19th century that Prévost and Dumas in France, and, +later on, Döllinger, Pander, von Bär, Rathke, and Remak in Germany, +founded modern embryology; and, at the same time, proved the utter +incompatibility of the hypothesis of evolution as formulated by Bonnet +and Haller with easily demonstrable facts. + +Nevertheless, though the conceptions originally denoted by "evolution" +and "development" were shown to be untenable, the words retained their +application to the process by which the embryos of living beings +gradually make their appearance; and the terms "development," +"Entwickelung," and "evolutio" are now indiscriminately used for the +series of genetic changes exhibited by living beings, by writers who +would emphatically deny that "development" or "Entwickelung" or +"evolutio," in the sense in which these words were usually employed by +Bonnet or Haller, ever occurs. + +Evolution, or development, is, in fact, at present employed in biology +as a general name for the history of the steps by which any living being +has acquired the morphological and the physiological characters which +distinguish it. As civil history may be divided into biography, which is +the history of individuals, and universal history, which is the history +of the human race, so evolution falls naturally into two categories--the +evolution of the individual (see EMBRYOLOGY) and the evolution of the +sum of living beings. + +_The Evolution of the Sum of Living Beings._--The notion that all the +kinds of animals and plants may have come into existence by the growth +and modification of primordial germs is as old as speculative thought; +but the modern scientific form of the doctrine can be traced +historically to the influence of several converging lines of +philosophical speculation and of physical observation, none of which go +further back than the 17th century. These are:-- + +1. The enunciation by Descartes of the conception that the physical +universe, whether living or not living, is a mechanism, and that, as +such, it is explicable on physical principles. + +2. The observation of the gradations of structure, from extreme +simplicity to very great complexity, presented by living things, and of +the relation of these graduated forms to one another. + +3. The observation of the existence of an analogy between the series of +gradations presented by the species which compose any great group of +animals or plants, and the series of embryonic conditions of the highest +members of that group. + +4. The observation that large groups of species of widely different +habits present the same fundamental plan of structure; and that parts of +the same animal or plant, the functions of which are very different, +likewise exhibit modifications of a common plan. + +5. The observation of the existence of structures, in a rudimentary and +apparently useless condition, in one species of a group, which are fully +developed and have definite functions in other species of the same +group. + +6. The observation of the effects of varying conditions in modifying +living organisms. + +7. The observation of the facts of geographical distribution. + +8. The observation of the facts of the geological succession of the +forms of life. + +1. Notwithstanding the elaborate disguise which fear of the powers that +were led Descartes to throw over his real opinions, it is impossible to +read the _Principes de la philosophie_ without acquiring the conviction +that this great philosopher held that the physical world and all things +in it, whether living or not living, have originated by a process of +evolution, due to the continuous operation of purely physical causes, +out of a primitive relatively formless matter.[29] + +The following passage is especially instructive:-- + + "Et tant s'en faut que je veuille que l'on croie toutes les choses que + j'écrirai, que même je prétends en proposer ici quelques-unes que je + crois absolument être fausses; à savoir, je ne doute point que le + monde n'ait été créé au commencement avec autant de perfection qu'il + en a; en sorte que le soleil, la terre, la lune, et les étoiles ont + été dès lors; et que la terre n'a pas eu seulement en soi les semences + des plantes, mais que les plantes même en ont couvert une partie; et + qu'Adam et Ève n'ont pas été créés enfans mais en âge d'hommes + parfaits. La religion chrétienne veut que nous le croyons ainsi, et la + raison naturelle nous persuade entièrement cette vérité; car si nous + considérons la toute puissance de Dieu, nous devons juger que tout ce + qu'il a fait a eu dès le commencement toute la perfection qu'il devoit + avoir. Mais néanmoins, comme on connoîtroit beaucoup mieux quelle a + été la nature d'Adam et celle des arbres de Paradis si on avoit + examiné comment les enfants se forment peu à peu dans le ventre de + leurs mères et comment les plantes sortent de leurs semences, que si + on avoit seulement considéré quels ils ont été quand Dieu les a créés: + tout de même, nous ferons mieux entendre quelle est généralement la + nature de toutes les choses qui sont au monde si nous pouvons imaginer + quelques principes qui soient fort intelligibles et fort simples, + desquels nous puissions voir clairement que les astres et la terre et + enfin tout ce monde visible auroit pu être produit ainsi que de + quelques semences (bien que nous sachions qu'il n'a pas été produit en + cette façon) que si nous la décrivions seulement comme il est, ou bien + comme nous croyons qu'il a été créé. Et parceque je pense avoir trouvé + des principes qui sont tels, je tâcherai ici de les expliquer."[30] + +If we read between the lines of this singular exhibition of force of one +kind and weakness of another, it is clear that Descartes believed that +he had divined the mode in which the physical universe had been evolved; +and the _Traité de l'homme_ and the essay _Sur les passions_ afford +abundant additional evidence that he sought for, and thought he had +found, an explanation of the phenomena of physical life by deduction +from purely physical laws. + +Spinoza abounds in the same sense, and is as usual perfectly candid-- + + "Naturae leges et regulae, secundum quas omnia fiunt et ex unis formis + in alias mutantur, sunt ubique et semper eadem."[31] + +Leibnitz's doctrine of continuity necessarily led him in the same +direction; and, of the infinite multitude of monads with which he +peopled the world, each is supposed to be the focus of an endless +process of evolution and involution. In the _Protogaea_, xxvi., Leibnitz +distinctly suggests the mutability of species-- + + "Alii mirantur in saxis passim species videri quas vel in orbe + cognito, vel saltem in vicinis locis frustra quaeras. Ita _Cornua + Ammonis_, quae ex nautilorum numero habeantur, passim et forma et + magnitudine (nam et pedali diametro aliquando reperiuntur) ab omnibus + illis naturis discrepare dicunt, quas praebet mare. Sed quis + absconditos ejus recessus aut subterraneas abyssos pervestigavit? quam + multa nobis animalia antea ignota offert novus orbis? Et credibile est + per magnas illas conversiones etiam animalium species plurimum + immutatas." + +Thus in the end of the 17th century the seed was sown which has at +intervals brought forth recurrent crops of evolutional hypotheses, +based, more or less completely, on general reasonings. + +Among the earliest of these speculations is that put forward by Benoît +de Maillet in his _Telliamed_, which, though printed in 1735, was not +published until twenty-three years later. Considering that this book was +written before the time of Haller, or Bonnet, or Linnaeus, or Hutton, it +surely deserves more respectful consideration than it usually receives. +For De Maillet not only has a definite conception of the plasticity of +living things, and of the production of existing species by the +modification of their predecessors, but he clearly apprehends the +cardinal maxim of modern geological science, that the explanation of the +structure of the globe is to be sought in the deductive application to +geological phenomena of the principles established inductively by the +study of the present course of nature. Somewhat later, P.L.M. de +Maupertuis[32] suggested a curious hypothesis as to the causes of +variation, which he thinks may be sufficient to account for the origin +of all animals from a single pair. Jean Baptiste René Robinet[33] +followed out much the same line of thought as De Maillet, but less +soberly; and Bonnet's speculations in the _Palingénésie_, which appeared +in 1769, have already been mentioned. Buffon (1753-1778), at first a +partisan of the absolute immutability of species, subsequently appears +to have believed that larger or smaller groups of species have been +produced by the modification of a primitive stock; but he contributed +nothing to the general doctrine of evolution. + +Erasmus Darwin (_Zoonomia_, 1794), though a zealous evolutionist, can +hardly be said to have made any real advance on his predecessors; and, +notwithstanding the fact that Goethe had the advantage of a wide +knowledge of morphological facts, and a true insight into their +signification, while he threw all the power of a great poet into the +expression of his conceptions, it may be questioned whether he supplied +the doctrine of evolution with a firmer scientific basis than it already +possessed. Moreover, whatever the value of Goethe's labours in that +field, they were not published before 1820, long after evolutionism had +taken a new departure from the works of Treviranus and Lamarck--the +first of its advocates who were equipped for their task with the needful +large and accurate knowledge of the phenomena of life as a whole. It is +remarkable that each of these writers seems to have been led, +independently and contemporaneously, to invent the same name of +"biology" for the science of the phenomena of life; and thus, following +Buffon, to have recognized the essential unity of these phenomena, and +their contradistinction from those of inanimate nature. And it is hard +to say whether Lamarck or Treviranus has the priority in propounding the +main thesis of the doctrine of evolution; for though the first volume of +Treviranus's _Biologie_ appeared only in 1802, he says, in the preface +to his later work, the _Erscheinungen und Gesetze des organischen +Lebens_, dated 1831, that he wrote the first volume of the _Biologie_ +"nearly five-and-thirty years ago," or about 1796. + +Now, in 1794, there is evidence that Lamarck held doctrines which +present a striking contrast to those which are to be found in the +_Philosophie zoologique_, as the following passages show:-- + + "685. Quoique mon unique objet dans cet article n'ait été que de + traiter de la cause physique de l'entretien de la vie des êtres + organiques, malgré cela j'ai osé avancer en débutant, que l'existence + de ces êtres étonnants n'appartiennent nullement à la nature; que tout + ce qu'on peut entendre par le mot _nature_, ne pouvoit donner la vie, + c'est-à-dire, que toutes les qualités de la matière, jointes à toutes + les circonstances possibles, et même à l'activité répandue dans + l'univers, ne pouvaient point produire un être muni du mouvement + organique, capable de reproduire son semblable, et sujet à la mort. + + "686. Tous les individus de cette nature, qui existent, proviennent + d'individus semblables qui tous ensemble constituent l'espèce entière. + Or, je crois qu'il est aussi impossible à l'homme de connoître la + cause physique du premier individu de chaque espèce, que d'assigner + aussi physiquement la cause de l'existence de la matière ou de + l'univers entier. C'est au moins ce que le résultat de mes + connaissances et de mes réflexions me portent à penser. S'il existe + beaucoup de variétés produites par l'effet des circonstances, ces + variétés ne dénaturent point les espèces; mais on se trompe, sans + doute souvent, en indiquant comme espèce, ce qui n'est que variété; et + alors je sens que cette erreur peut tirer à conséquence dans les + raisonnements que l'on fait sur cette matière."[34] + +The first three volumes of Treviranus's Biologie, which contains his +general views of evolution, appeared between 1802 and 1805. The +_Recherches sur l'organisation des corps vivants_, which sketches out +Lamarck's doctrines, was published in 1802; but the full development of +his views in the _Philosophie zoologique_ did not take place until +1809. + +The _Biologie_ and the _Philosophie zoologique_ are both very remarkable +productions, and are still worthy of attentive study, but they fell upon +evil times. The vast authority of Cuvier was employed in support of the +traditionally respectable hypotheses of special creation and of +catastrophism; and the wild speculations of the _Discours sur les +révolutions de la surface du globe_ were held to be models of sound +scientific thinking, while the really much more sober and philosophical +hypotheses of the _Hydrogéologie_ were scouted. For many years it was +the fashion to speak of Lamarck with ridicule, while Treviranus was +altogether ignored. + +Nevertheless, the work had been done. The conception of evolution was +henceforward irrepressible, and it incessantly reappears, in one shape +or another,[35] up to the year 1858, when Charles Darwin and A.R. +Wallace published their _Theory of Natural Selection_. The _Origin of +Species_ appeared in 1859; and thenceforward the doctrine of evolution +assumed a position and acquired an importance which it never before +possessed. In the _Origin of Species_, and in his other numerous and +important contributions to the solution of the problem of biological +evolution, Darwin confined himself to the discussion of the causes which +have brought about the present condition of living matter, assuming such +matter to have once come into existence. On the other hand, Spencer[36] +and E. Haeckel[37] dealt with the whole problem of evolution. The +profound and vigorous writings of Spencer embody the spirit of Descartes +in the knowledge of our own day, and may be regarded as the _Principes +de la philosophie_ of the 19th century; while, whatever hesitation may +not unfrequently be felt by less daring minds in following Haeckel in +many of his speculations, his attempt to systematize the doctrine of +evolution and to exhibit its influence as the central thought of modern +biology, cannot fail to have a far-reaching influence on the progress of +science. + +If we seek for the reason of the difference between the scientific +position of the doctrine of evolution in the days of Lamarck and that +which it occupies now, we shall find it in the great accumulation of +facts, the several classes of which have been enumerated above, under +the second to the eighth heads. For those which are grouped under the +second to the seventh of these classes, respectively, have a clear +significance on the hypothesis of evolution, while they are +unintelligible if that hypothesis be denied. And those of the eighth +group are not only unintelligible without the assumption of evolution, +but can be proved never to be discordant with that hypothesis, while, in +some cases, they are exactly such as the hypothesis requires. The +demonstration of these assertions would require a volume, but the +general nature of the evidence on which they rest may be briefly +indicated. + +2. The accurate investigation of the lowest forms of animal life, +commenced by Leeuwenhoek and Swammerdam, and continued by the remarkable +labours of Réaumur, Abraham Trembley, Bonnet, and a host of other +observers in the latter part of the 17th and the first half of the 18th +centuries, drew the attention of biologists to the gradation in the +complexity of organization which is presented by living beings, and +culminated in the doctrine of the _échelle des êtres_, so powerfully and +clearly stated by Bonnet, and, before him, adumbrated by Locke and by +Leibnitz. In the then state of knowledge, it appeared that all the +species of animals and plants could be arranged in one series, in such a +manner that, by insensible gradations, the mineral passed into the +plant, the plant into the polype, the polype into the worm, and so, +through gradually higher forms of life, to man, at the summit of the +animated world. + +But, as knowledge advanced, this conception ceased to be tenable in the +crude form in which it was first put forward. Taking into account +existing animals and plants alone, it became obvious that they fell into +groups which were more or less sharply separated from one another; and, +moreover, that even the species of a genus can hardly ever be arranged +in linear series. Their natural resemblances and differences are only to +be expressed by disposing them as if they were branches springing from a +common hypothetical centre. + +Lamarck, while affirming the verbal proposition that animals form a +single series, was forced by his vast acquaintance with the details of +zoology to limit the assertion to such a series as may be formed out of +the abstractions constituted by the common characters of each group.[38] + +Cuvier on anatomical, and Von Baer on embryological grounds, made the +further step of proving that, even in this limited sense, animals cannot +be arranged in a single series, but that there are several distinct +plans of organization to be observed among them, no one of which, in its +highest and most complicated modification, leads to any of the others. + +The conclusions enunciated by Cuvier and Von Baer have been confirmed in +principle by all subsequent research into the structure of animals and +plants. But the effect of the adoption of these conclusions has been +rather to substitute a new metaphor for that of Bonnet than to abolish +the conception expressed by it. Instead of regarding living things as +capable of arrangement in one series like the steps of a ladder, the +results of modern investigation compel us to dispose them as if they +were the twigs and branches of a tree. The ends of the twigs represent +individuals, the smallest groups of twigs species, larger groups genera, +and so on, until we arrive at the source of all these ramifications of +the main branch, which is represented by a common plan of structure. At +the present moment it is impossible to draw up any definition, based on +broad anatomical or developmental characters, by which any one of +Cuvier's great groups shall be separated from all the rest. On the +contrary, the lower members of each tend to converge towards the lower +members of all the others. The same may be said of the vegetable world. +The apparently clear distinction between flowering and flowerless plants +has been broken down by the series of gradations between the two +exhibited by the _Lycopodiaceae_, _Rhizocarpeae_, and _Gymnospermeae_. +The groups of _Fungi_, _Licheneae_ and _Algae_ have completely run into +one another, and, when the lowest forms of each are alone considered, +even the animal and vegetable kingdoms cease to have a definite +frontier. + +If it is permissible to speak of the relations of living forms to one +another metaphorically, the similitude chosen must undoubtedly be that +of a common root, whence two main trunks, one representing the vegetable +and one the animal world, spring; and, each dividing into a few main +branches, these subdivide into multitudes of branchlets and these into +smaller groups of twigs. + +As Lamarck has well said:--[39] + + "Il n'y a que ceux qui se sont longtemps et fortement occupés de la + détermination des espèces, et qui ont consulté de riches collections, + qui peuvent savoir jusqu'à quel point les _espèces_, parmi les corps + vivants, se fondent les unes dans les autres, et qui ont pu se + convaincre que, dans les parties où nous voyons des _espèces_ isolées, + cela n'est ainsi que parcequ'il nous en manque d'autres qui en sont + plus voisines et que nous n'avons pas encore recueillies. + + "Je ne veux pas dire pour cela que les animaux qui existent forment + une série très-simple et partout également nuancée; mais je dis qu'ils + forment une série rameuse, irrégulièrement graduée et qui n'a point de + discontinuité dans ses parties, ou qui, du moins, n'en a toujours pas + eu, s'il est vrai que, par suite de quelques espèces perdues, il s'en + trouve quelque part. Il en résulte que les _espèces_ qui terminent + chaque rameau de la série générale tiennent, au moins d'un côté, à + d'autres espèces voisines qui se nuancent avec elles. Voilà ce que + l'état bien connu des choses me met maintenant à portée de démontrer. + Je n'ai besoin d'aucune hypothèse ni d'aucune supposition pour cela: + j'en atteste tous les naturalistes observateurs." + +3. In a remarkable essay[40] Meckel remarks:-- + +"There is no good physiologist who has not been struck by the +observation that the original form of all organisms is one and the +same, and that out of this one form, all, the lowest as well as the +highest, are developed in such a manner that the latter pass through the +permanent forms of the former as transitory stages. Aristotle, Haller, +Harvey, Kielmeyer, Autenrieth, and many others have either made this +observation incidentally, or, especially the latter, have drawn +particular attention to it, and drawn therefrom results of permanent +importance for physiology." + +Meckel proceeds to exemplify the thesis, that the lower forms of animals +represent stages in the course of the development of the higher, with a +large series of illustrations. + +After comparing the salamanders and the perenni-branchiate _Urodela_ +with the tadpoles and the frogs, and enunciating the law that the more +highly any animal is organized the more quickly does it pass through the +lower stages, Meckel goes on to say:-- + + "From these lowest Vertebrata to the highest, and to the highest forms + among these, the comparison between the embryonic conditions of the + higher animals and the adult states of the lower can be more + completely and thoroughly instituted than if the survey is extended to + the Invertebrata, inasmuch as the latter are in many respects + constructed upon an altogether too dissimilar type; indeed they often + differ from one another far more than the lowest vertebrate does from + the highest mammal; yet the following pages will show that the + comparison may be also extended to them with interest. In fact, there + is a period when, as Aristotle long ago said, the embryo of the + highest animal has the form of a mere worm, and, devoid of internal + and external organization, is merely an almost structureless lump of + polype-substance. Notwithstanding the origin of organs, it still for a + certain time, by reason of its want of an internal bony skeleton, + remains worm and mollusk, and only later enters into the series of the + Vertebrata, although traces of the vertebral column even in the + earliest periods testify its claim to a place in that series."--Op. + cit. pp. 4, 5. + +If Meckel's proposition is so far qualified, that the comparison of +adult with embryonic forms is restricted within the limits of one type +of organization; and if it is further recollected, that the resemblance +between the permanent lower form and the embryonic stage of a higher +form is not special but general, it is in entire accordance with modern +embryology; although there is no branch of biology which has grown so +largely, and improved its methods so much since Meckel's time, as this. +In its original form, the doctrine of "arrest of development," as +advocated by Geoffroy Saint-Hilaire and Serres, was no doubt an +over-statement of the case. It is not true, for example, that a fish is +a reptile arrested in its development, or that a reptile was ever a +fish; but it is true that the reptile embryo, at one stage of its +development, is an organism which, if it had an independent existence, +must be classified among fishes; and all the organs of the reptile pass, +in the course of their development, through conditions which are closely +analogous to those which are permanent in some fishes. + +4. That branch of biology which is termed morphology is a commentary +upon, and expansion of, the proposition that widely different animals or +plants, and widely different parts of animals or plants, are constructed +upon the same plan. From the rough comparison of the skeleton of a bird +with that of a man by Pierre Delon, in the 16th century (to go no +further back), down to the theory of the limbs and the theory of the +skull at the present day; or, from the first demonstration of the +homologies of the parts of a flower by C.F. Wolff, to the present +elaborate analysis of the floral organs, morphology exhibits a continual +advance towards the demonstration of a fundamental unity among the +seeming diversities of living structures. And this demonstration has +been completed by the final establishment of the cell theory (see +CYTOLOGY), which involves the admission of a primitive conformity, not +only of all the elementary structures in animals and plants +respectively, but of those in the one of these great divisions of living +things with those in the other. No _a priori_ difficulty can be said to +stand in the way of evolution, when it can be shown that all animals and +all plants proceed by modes of development, which are similar in +principle, from a fundamental protoplasmic material. + +5. The innumerable cases of structures, which are rudimentary and +apparently useless, in species, the close allies of which possess +well-developed and functionally important homologous structures, are +readily intelligible on the theory of evolution, while it is hard to +conceive their _raison d'être_ on any other hypothesis. However, a +cautious reasoner will probably rather explain such cases deductively +from the doctrine of evolution than endeavour to support the doctrine of +evolution by them. For it is almost impossible to prove that any +structure, however rudimentary, is useless--that is to say, that it +plays no part whatever in the economy; and, if it is in the slightest +degree useful, there is no reason why, on the hypothesis of direct +creation, it should not have been created. Nevertheless; double-edged as +is the argument from rudimentary organs, there is probably none which +has produced a greater effect in promoting the general acceptance of the +theory of evolution. + +6. The older advocates of evolution sought for the causes of the process +exclusively in the influence of varying conditions, such as climate and +station, or hybridization, upon living forms. Even Treviranus has got no +further than this point. Lamarck introduced the conception of the action +of an animal on itself as a factor in producing modification. Starting +from the well-known fact that the habitual use of a limb tends to +develop the muscles of the limb, and to produce a greater and greater +facility in using it, he made the general assumption that the effort of +an animal to exert an organ in a given direction tends to develop the +organ in that direction. But a little consideration showed that, though +Lamarck had seized what, as far as it goes, is a true cause of +modification, it is a cause the actual effects of which are wholly +inadequate to account for any considerable modification in animals, and +which can have no influence at all in the vegetable world; and probably +nothing contributed so much to discredit evolution, in the early part of +the 19th century, as the floods of easy ridicule which were poured upon +this part of Lamarck's speculation. The theory of natural selection, or +survival of the fittest, was suggested by William Charles Wells in 1813, +and further elaborated by Patrick Matthew in 1831. But the pregnant +suggestions of these writers remained practically unnoticed and +forgotten, until the theory was independently devised and promulgated by +Charles Robert Darwin and Alfred Russell Wallace in 1858, and the effect +of its publication was immediate and profound. + +Those who were unwilling to accept evolution, without better grounds +than such as are offered by Lamarck, and who therefore preferred to +suspend their judgment on the question, found in the principle of +selective breeding, pursued in all its applications with marvellous +knowledge and skill by Darwin, a valid explanation of the occurrence of +varieties and races; and they saw clearly that, if the explanation would +apply to species, it would not only solve the problem of their +evolution, but that it would account for the facts of teleology, as well +as for those of morphology; and for the persistence of some forms of +life unchanged through long epochs of time, while others undergo +comparatively rapid metamorphosis. + +How far "natural selection" suffices for the production of species +remains to be seen. Few can doubt that, if not the whole cause, it is a +very important factor in that operation; and that it must play a great +part in the sorting out of varieties into those which are transitory and +those which are permanent. + +But the causes and conditions of variation have yet to be thoroughly +explored; and the importance of natural selection will not be impaired, +even if further inquiries should prove that variability is definite, and +is determined in certain directions rather than in others, by conditions +inherent in that which varies. It is quite conceivable that every +species tends to produce varieties of a limited number and kind, and +that the effect of natural selection is to favour the development of +some of these, while it opposes the development of others along their +predetermined lines of modification. + +7. No truths brought to light by biological investigation were better +calculated to inspire distrust of the dogmas intruded upon science in +the name of theology than those which relate to the distribution of +animals and plants on the surface of the earth. Very skilful +accommodation was needful, if the limitation of sloths to South America, +and of the _Ornithorhynchus_ to Australia, was to be reconciled with +the literal interpretation of the history of the Deluge; and, with the +establishment of the existence of distinct provinces of distribution, +any serious belief in the peopling of the world by migration from Mount +Ararat came to an end. + +Under these circumstances, only one alternative was left for those who +denied the occurrence of evolution; namely, the supposition that the +characteristic animals and plants of each great province were created, +as such, within the limits in which, we find them. And as the hypothesis +of "specific centres," thus formulated, was heterodox from the +theological point of view, and unintelligible under its scientific +aspect, it may be passed over without further notice, as a phase of +transition from the creational to the evolutional hypothesis. + +8. In fact, the strongest and most conclusive arguments in favour of +evolution are those which are based upon the facts of geographical, +taken in conjunction with those of geological, distribution. + +Both Darwin and Wallace lay great stress on the close relation which +obtains between the existing fauna of any region and that of the +immediately antecedent geological epoch in the same region; and rightly, +for it is in truth inconceivable that there should be no genetic +connexion between the two. It is possible to put into words the +proposition, that all the animals and plants of each geological epoch +were annihilated, and that a new set of very similar forms was created +for the next epoch, but it may be doubted if any one who ever tried to +form a distinct mental image of this process of spontaneous generation +on the grandest scale ever really succeeded in realizing it. + +In later years the attention of the best palaeontologists has been +withdrawn from the hodman's work of making "new species" of fossils, to +the scientific task of completing our knowledge of individual species, +and tracing out the succession of the forms presented by any given type +in time. + +_Evolution at the Beginning of the 20th century._--Since Huxley and +Sully wrote their masterly essays in the 9th edition of this +encyclopaedia, the doctrine of evolution has outgrown the trammels of +controversy and has been accepted as a fundamental principle. Writers on +biological subjects no longer have to waste space in weighing evolution +against this or that philosophical theory or religious tradition; +philosophical writers have frankly accepted it, and the supporters of +religious tradition have made broad their phylacteries to write on them +the new words. A closer scrutiny of the writers of all ages who preceded +Charles Darwin, and, in particular, the light thrown back from Darwin on +the earlier writings of Herbert Spencer, have made plain that without +Darwin the world by this time might have come to a general acceptance of +evolution; but it seems established as a historical fact that the world +has come to accept evolution, first, because of Darwin's theory of +natural selection, and second, because of Darwin's exposition of the +evidence for the actual occurrence of organic evolution. The evidence as +set out by Darwin has been added to enormously; new knowledge has in +many cases altered our conceptions of the mode of the actual process of +evolution, and from time to time a varying stress has been laid on what +are known as the purely Darwinian factors in the theory. The balance of +these tendencies has been against the attachment of great importance to +sexual selection, and in favour of attaching a great importance to +natural selection; but the dominant feature in the recent history of the +theory has been its universal acceptance and the recognition that this +general acceptance has come from the stimulus given by Darwin. + + + Ontogeny. + +A change has taken place in the use of the word evolution. Huxley, +following historical custom, devoted one section of his article to the +"Evolution of the Individual." The facts and theories respecting this +are now discussed under such headings as EMBRYOLOGY; HEREDITY; VARIATION +AND SELECTION; under these headings must be sought information on the +important recent modifications with regard to the theory of the relation +between the development of the individual and the development of the +race, the part played by the environment on the individual, and the +modern developments of the old quarrel between evolution and +epigenesis. The most striking general change has been against seeing in +the facts of ontogeny any direct evidence as to phylogeny. The general +proposition as to a parallelism between individual and ancestral +development is no doubt indisputable, but extended knowledge of the very +different ontogenetic histories of closely allied forms has led us to a +much fuller conception of the mode in which stages in embryonic and +larval history have been modified in relation to their surroundings, and +to a consequent reluctance to attach detailed importance to the +embryological argument for evolution. + + + Phylogeny. + +The vast bulk of botanical and zoological work on living and extinct +forms published during the last quarter of the 19th century increased +almost beyond all expectation the evidence for the fact of evolution. +The discovery of a single fossil creature in a geological stratum of a +wrong period, the detection of a single anatomical or physiological fact +irreconcilable with origin by descent with modification, would have been +destructive of the theory and would have made the reputation of the +observer. But in the prodigious number of supporting discoveries that +have been made no single negative factor has appeared, and the evolution +from their predecessors of the forms of life existing now or at any +other period must be taken as proved. It is necessary to notice, +however, that although the general course of the stream of life is +certain, there is not the same certainty as to the actual individual +pedigrees of the existing forms. In the attempts to place existing +creatures in approximately phylogenetic order, a striking change, due to +a more logical consideration of the process of evolution, has become +established and is already resolving many of the earlier difficulties +and banishing from the more recent tables the numerous hypothetical +intermediate forms so familiar in the older phylogenetic trees. The +older method was to attempt the comparison between the highest member of +a lower group and the lowest member of a higher group--to suppose, for +example, that the gorilla and the chimpanzee, the highest members of the +apes, were the existing representatives of the ancestors of man and to +compare these forms with the lowest members of the human race. Such a +comparison is necessarily illogical, as the existing apes are separated +from the common ancestor by at least as large a number of generations as +separate it from any of the forms of existing man. In the natural +process of growth, the gap must necessarily be wider between the summits +of the twigs than lower down, and, instead of imagining "missing links," +it is necessary to trace each separate branch as low down as possible, +and to institute the comparisons between the lowest points that can be +reached. The method is simply the logical result of the fact that every +existing form of life stands at the summit of a long branch of the whole +tree of life. A due consideration of it leads to the curious paradox +that if any two animals be compared, the zoologically lower will be +separated from the common ancestor by a larger number of generations, +since, on the average, sexual maturity is reached more quickly by the +lower form. Naturally very many other factors have to be considered, but +this alone is a sufficient reason to restrain attempts to place existing +forms in linear phylogenetic series. In embryology the method finds its +expression in the limitation of comparisons to the corresponding stages +of low and high forms and the exclusion of the comparisons between the +adult stages of low forms and the embryonic stages of higher forms. +Another expression of the same method, due to Cope, and specially +valuable to the taxonomist, is that when the relationship between orders +is being considered, characters of subordinal rank must be neglected. It +must not be supposed that earlier writers all neglected this method, or +still less that all writers now employ it, but merely that formerly it +was frequently overlooked by the best writers, and now is neglected only +by the worst. The result is, on the one hand, a clearing away of much +fantastic phylogeny, on the other, an enormous reduction of the supposed +gaps between groups. + + + Comparative anatomy. + +There has been a renewed activity in the study of existing forms from +the point of view of obtaining evidence as to the nature and origin of +species. Comparative anatomists have been learning to refrain from +basing the diagnosis of a species, or the description of the condition +of an organ, on the evidence of a single specimen. Naturalists who deal +specially with museum collections have been compelled, it is true, for +other reasons to attach an increasing importance to what is called the +type specimen, but they find that this insistence on the individual, +although invaluable from the point of view of recording species, is +unsatisfactory from the point of view of scientific zoology; and +propositions for the amelioration of this condition of affairs range +from a refusal of Linnaean nomenclature in such cases, to the +institution of a division between _master species_ for such species as +have been properly revised by the comparative morphologist, and +_provisional species_ for such species as have been provisionally +registered by those working at collections. Those who work with living +forms of which it is possible to obtain a large number of specimens, and +those who make revisions of the provisional species of palaeontologists, +are slowly coming to some such conception as that a species is the +abstract central point around which a group of variations oscillate, and +that the peripheral oscillations of one species may even overlap those +of an allied species. It is plain that we have moved far from the +connotation and denotation of the word _species_ at the time when Darwin +began to discuss the origin of species, and that the movement, on the +one hand, tends to simplify the problem philosophically, and, on the +other, to make it difficult for the amateur theorist. + +The conception of evolution is being applied more rigidly to the +comparative anatomy of organs and systems of organs. When a series of +the modifications of an anatomical structure has been sufficiently +examined, it is frequently possible to decide that one particular +condition is primitive, ancestral or central, and that the other +conditions have been derived from it. Such a condition has been termed, +with regard to the group of animals or plants the organs of which are +being studied, _archecentric_. The possession of the character in the +archecentric condition in (say) two of the members of the group does not +indicate that these two members are more nearly related to one another +than they are to other members of the group; the archecentric condition +is part of the common heritage of all the members of the group, and may +be retained by any. On the other hand, when the ancestral condition is +modified, it may be regarded as having moved outwards along some radius +from the archecentric condition. Such modified conditions have been +termed _apocentric_. It is obvious that the mere apocentricity of a +character can be no guide to the affinities of its possessor. It is +necessary to determine if the modification be a simple change that might +have occurred in independent cases, in fact if it be a multiradial +apocentricity, or if it involved intricate and precisely combined +anatomical changes that we could not expect to occur twice +independently; that is to say, if it be a uniradial apocentricity. +Multiradial apocentricities lie at the root of many of the phenomena +that have been grouped under the designation _convergence_. Especially +in the case of manifest adaptations, organs possessed by creatures far +apart genealogically may be moulded into conditions that are extremely +alike. Sir E. Ray Lankester's term, _homoplasy_, has passed into +currency as designating such cases where different genetic material has +been pressed by similar conditions into similar moulds. These may be +called heterogeneous homoplasies, but it is necessary to recognize the +existence of homogeneous homoplasies, here called multiradial +apocentricities. A complex apocentric modification of a kind which we +cannot imagine to have been repeated independently, and which is to be +designated as uniradial, frequently forms a new centre around which new +diverging modifications are produced. With reference to any particular +group of forms such a new centre of modification may be termed a +_metacentre_, and it is plain that the archecentre of the whole group is +a metacentre of the larger group of which the group under consideration +is a branch. Thus, for instance, the archecentric condition of any Avian +structure is a metacentre of the Sauropsidan stem. A form of +apocentricity extremely common and often perplexing may be termed +_pseudocentric_; in such a condition there is an apparent simplicity +that reveals its secondary nature by some small and apparently +meaningless complexity. + + + Bionomics. + +Another group of investigations that seems to play an important part in +the future development of the theory of evolution relates to the study +of what is known as organic symmetry. The differentiations of structure +that characterize animals and plants are being shown to be orderly and +definite in many respects; the relations of the various parts to one +another and to the whole, the modes of repetition of parts, and the +series of changes that occur in groups of repeated parts appear to be to +a certain extent inevitable, to depend on the nature of the living +material itself and on the necessary conditions of its growth. Closely +allied to the study of symmetry is the study of the direct effect of the +circumambient media on embryonic young and adult stages of living beings +(see EMBRYOLOGY: _Physiology_; HEREDITY; and VARIATION AND SELECTION), +and a still larger number of observers have added to our knowledge of +these. It is impossible here to give even a list of the names of the +many observers who in recent times have made empirical study of the +effects of growth-forces and of the symmetrical limitations and +definitions of growth. It is to be noticed, however, that, even after +such phenomena have been properly grouped and designated under Greek +names as laws of organic growth, they have not become explanations of +the series of facts they correlate. Their importance in the theory of +evolution is none the less very great. In the first place, they lessen +the number of separate facts to be explained; in the second, they limit +the field within which explanation must be sought, since, for instance, +if a particular mode of repetition of parts occur in mosses, in +flowering-plants, in beetles and in elephants, the seeker of ultimate +explanations may exclude from the field of his inquiry all the +conditions individual to these different organic forms, and confine +himself only to what is common to all of them; that is to say, +practically only the living material and its environment. The +prosecution of such inquiries is beginning to make unnecessary much +ingenious speculation of a kind that was prominent from 1880 to 1900; +much futile effort has been wasted in the endeavour to find on Darwinian +principles special "selection-values" for phenomena the universality of +which places them outside the possibility of having relations with the +particular conditions of particular organisms. On the other hand, many +of those who have been specially successful in grouping diverse +phenomena under empirical generalizations have erred logically in posing +their generalizations against such a _vera causa_ as the preservation of +favoured individuals and races. The thirty years which followed the +publication of the _Origin of Species_ were characterized chiefly by +anatomical and embryological work; since then there has been no +diminution in anatomical and embryological enthusiasm, but many of the +continually increasing body of investigators have turned again to +bionomical work. Inasmuch as Lamarck attempted to frame a theory of +evolution in which the principle of natural selection had no part, the +interpretation placed on their work by many bionomical investigators +recalls the theories of Lamarck, and the name _Neo-Lamarckism_ has been +used of such a school of biologists, particularly active in America. The +weakness of the Neo-Lamarckian view lies in its interpretation of +heredity; its strength lies in its zealous study of the living world and +the detection therein of proximate empirical laws, a strength shared by +very many bionomical investigations, the authors of which would prefer +to call themselves Darwinians, or to leave themselves without sectarian +designation. + + + Biometrics. + +Statistical inquiry into the facts of life has long been employed, and +in particular Francis Galton, within the Darwinian period, has advocated +its employment and developed its methods. Within quite recent years, +however, a special school has arisen with the main object of treating +the processes of evolution quantitatively. Here it is right to speak of +Karl Pearson as a pioneer of notable importance. It has been the habit +of biologists to use the terms variation, selection, elimination, +correlation and so forth, vaguely; the new school, which has been +strongly reinforced from the side of physical science, insists on +quantitative measurements of the terms. When the anatomist says that one +race is characterized by long heads, another by round heads, the +biometricist demands numbers and percentages. When an organ is stated to +be variable, the biometricist demands statistics to show the range of +the variations and the mode of their distribution. When a character is +said to be favoured by natural selection, the biometricist demands +investigation of the death-rate of individuals with or without the +character. When a character is said to be transmitted, or to be +correlated with another character, the biometricist declares the +statement valueless without numerical estimations of the inheritance or +correlation. The subject is still so new, and its technical methods (see +VARIATION AND SELECTION) have as yet spread so little beyond the group +which is formulating and defining them, that it is difficult to do more +than guess at the importance of the results likely to be gained. Enough, +however, has already been done to show the vast importance of the method +in grouping and codifying the empirical facts of life, and in so +preparing the way for the investigation of ultimate "causes." The chief +pitfall appears to be the tendency to attach more meaning to the results +than from their nature they can bear. The ultimate value of numerical +inquiries must depend on the equivalence of the units on which they are +based. Many of the characters that up to the present have been dealt +with by biometrical inquiry are obviously composite. The height or +length of the arm of a human being, for instance, is the result of many +factors, some inherent, some due to environment, and until these have +been sifted out, numerical laws of inheritance or of correlation can +have no more than an empirical value. The analysis of composite +characters into their indivisible units and statistical inquiry into the +behaviour of the units would seem to be a necessary part of biometric +investigation, and one to which much further attention will have to be +paid. + + + Segregation. + +It is well known that Darwin was deeply impressed by differences in +flora and fauna, which seemed to be functions of locality, and not the +result of obvious dissimilarities of environment. A.R. Wallace's studies +of island life, and the work of many different observers on local races +of animals and plants, marine, fluviatile and terrestrial, have brought +about a conception of segregation as apart from differences of +environment as being one of the factors in the differentiation of living +forms. The segregation may be geographical, or may be the result of +preferential mating, or of seasonal mating, and its effects plainly can +be made no more of than proximate or empirical laws of differentiation, +of great importance in codifying and simplifying the facts to be +explained. The minute attention paid by modern systematists to the exact +localities of subspecies and races is bringing together a vast store of +facts which will throw further light on the problem of segregation, but +the difficulty of utilizing these facts is increased by an unfortunate +tendency to make locality itself one of the diagnostic characters. + + + Bathmism. + +Consideration of phylogenetic series, especially from the +palaeontological side, has led many writers to the conception that there +is something of the nature of a growth-force inherent in organisms and +tending inevitably towards divergent evolution. It is suggested that +even in the absence of modification produced by any possible Darwinian +or Lamarckian factors, that even in a neutral environment, divergent +evolution of some kind would have occurred. The conception is +necessarily somewhat hazy, but the words _bathmism_ and _bathmic +Evolution_ have been employed by a number of writers for some such +conception. Closely connected with it, and probably underlying many of +the facts which have led to it, is a more definite group of ideas that +may be brought together under the phrase "phylogenetic limitation of +variation." In its simplest form, this phrase implies such an obvious +fact as that whatever be the future development of, say, existing +cockroaches, it will be on lines determined by the present structure of +these creatures. In a more general way, the phrase implies that at each +successive branching of the tree of life, the branches become more +specialized, more defined, and, in a sense, more limited. The full +implications of the group of ideas require, and are likely to receive, +much attention in the immediate future of biological investigation, but +it is enough at present to point out that until the more obvious lines +of inquiry have been opened out much more fully, we cannot be in a +position to guess at the existence of a residuum, for which such a +metaphysical conception as bathmism would serve even as a convenient +disguise for ignorance. + +Almost every side of zoology has contributed to the theory of evolution, +but of special importance are the facts and theories associated with the +names of Gregor Mendel, A. Weismann and Hugo de Vries. These are +discussed under the headings HEREDITY; MENDELISM; and VARIATION AND +SELECTION. It has been a feature of great promise in recent +contributions to the theory of evolution, that such contributions have +received attention almost directly in proportion to the new methods of +observation and the new series of facts with which they have come. Those +have found little favour who brought to the debate only formal +criticisms or amplifications of the Darwinian arguments, or +re-marshallings of the Darwinian facts, however ably conducted. The time +has not yet come for the attempt to synthesize the results of the many +different and often apparently antagonistic groups of workers. The great +work that is going on is the simplification of the facts to be explained +by grouping them under empirical laws; and the most general statement +relating to these that can yet be made is that no single one of these +laws has as yet shown signs of taking rank as a _vera causa_ comparable +with the Darwinian principle of natural selection. + + For evolution in relation to society see SOCIOLOGY. + + REFERENCES.--Practically, every botanical and zoological publication + of recent date has its bearing on evolution. The following are a few + of the more general works: Bateson, _Materials for the Study of + Variation_; Bunge, _Vitalismus und Mechanismus_; Cope, _Origin of the + Fittest_, _Primary Factors of Organic Evolution_, _Darwin's Life and + Letters_; H. de Vries, _Species and Varieties and their Origin by + Mutation_; Eimer, _Organic Evolution_; Gulick, "Divergent Evolution + through Cumulative Segregation," _Jour. Linn. Soc._ xx.; Haacke, + _Schöpfung des Menschen_; Mitchell, "Valuation of Zoological + Characters," _Trans. Linn. Soc._ viii. pt. 7; Pearson, _Grammar of + Science_; Romanes, _Darwin and after Darwin_; Sedgwick, Presidential + Address to Section Zoology, _Brit. Ass. Rep. 1899_; Wallace, + _Darwinism_; Weismann, _The Germ-Plasm_. Further references of great + value will be found in the works of Bateson and Pearson referred to + above, and in the annual volumes of the _Zoological Record_, + particularly under the head "General Subject." (P. C. M.) + + +FOOTNOTES: + + [1] This is brought out by F. Lassalle, _Die Philosophie + Herakleitos_, p. 126. + + [2] Zeller says that through this distinction Aristotle first made + possible the idea of development. + + [3] See this well brought out in G.H. Lewes's _Aristotle_, p. 187. + + [4] Grote calls attention to the contrast between Plato's and + Aristotle's way of conceiving the gradations of mind (_Aristotle_, + ii. 171). + + [5] Zeller observes that this scale of decreasing perfection is a + necessary consequence of the idea of a transcendent deity. + + [6] Mélanges de philosophie juive et arabe, p. 225. + + [7] Yet he leaves open the question whether the Deity has annexed + thought to matter as a faculty, or whether it rests on a distinct + spiritual principle. + + [8] Locke half playfully touches on certain monsters, with respect to + which it is difficult to determine whether they ought to be called + men. (_Essay_, book iii. ch. vi. sect. 26, 27.) + + [9] A similar coincidence between the teleological and the modern + evolutional way of viewing things is to be met with in Locke's + account of the use of pain in relation to the preservation of our + being (bk. ii. ch. vii. sect. 4). + + [10] _Philosophy of History_ (1893), p. 103, where an interesting + sketch of the growth of the idea of progress is to be found. + + [11] G.H. Lewes points out that Leibnitz is inconsistent in his + account of the intelligence of man in relation to that of lower + animals, since when answering Locke he no longer regards these as + differing in degree only. + + [12] Both Lewes and du Bois Reymond have brought out the points of + contact between Leibnitz's theory of monads and modern biological + speculations (_Hist. of Phil._ ii. 287, and _Leibnitzsche Gedanken in + der modernen Naturwissenschaft_, p. 23 seq.). + + [13] For Herder's position in relation to the modern doctrine of + evolution see F. von Bärenbach's _Herder als Vorgänger Darwins_, a + work which tends to exaggerate the proximity of the two writers. + + [14] Kant held it probable that other planets besides our earth are + inhabited, and that their inhabitants form a scale of beings, their + perfection increasing with the distance of the planet which they + inhabit from the sun. + + [15] Kant calls the doctrine of the transmutation of species "a + hazardous fancy of the reason." Yet, as Strauss and others have + shown, Kant's mind betrayed a decided leaning at times to a more + mechanical conception of organic forms as related by descent. + + [16] Hegel somewhere says that the question of the eternal duration + of the world is unanswerable: time as well as space can be predicated + of finitudes only. + + [17] _The Exercitationes de generatione animalium_, which Dr George + Ent extracted from him and published in 1651. + + [18] _De generatione animalium_, lib. ii. cap. x. + + [19] _De generatione animalium_, lib. ii. cap. iv. + + [20] "Cependant, pour revenir aux formes ordinaires ou aux âmes + matérielles, cette durée qu'il leur faut attribuer, à la place de + celle qu'on avoit attribuée aux atomes pourroit faire douter si elles + ne vont pas de corps en corps; ce qui seroit la métempsychose, à peu + près comme quelques philosophes ont cru la transmission du mouvement + et celle des espèces. Mais cette imagination est bien éloignée de la + nature des choses. Il n'y a point de tel passage; et c'est ici où les + transformations de Messieurs Swammerdam, Malpighi, et Leewenhoek, qui + sont des plus excellens observateurs de notre tems, sont venues à mon + secours et m'ont fait admettre plus aisément, que l'animal, et toute + autre substance organisée ne commence point lorsque nous le croyons, + et que sa génération apparente n'est qu'un développement et une + espèce d'augmentation. Aussi ai-je remarqué que l'auteur de la + _Recherche de la vérité_, M. Regis, M. Hartsoeker, et d'autres + habiles hommes n'ont pas été fort éloignés de ce sentiment." + Leibnitz, _Système nouveau de la nature_ (1695). The doctrine of + "Emboîtement" is contained in the _Considérations sur le principe de + vie_ (1705); the preface to the _Théodicée_ (1710); and the + _Principes de la nature et de la grâce_ (§ 6) (1718). + + [21] "Il est vrai que la pensée la plus raisonnable et la plus + conforme à l'expérience sur cette question très difficile de la + formation du foetus; c'est que les enfans sont déjà presque tout + formés avant même l'action par laquelle ils sont conçus; et que leurs + mères ne font que leur donner l'accroissement ordinaire dans le temps + de la grossesse." _De la recherche de la vérité_, livre ii. chap. + vii. p. 334 (7th ed., 1721). + + [22] _Considérations sur les corps organisés_, chap. x. + + [23] Bonnet had the courage of his opinions, and in the _Palingénésie + philosophique_, part vi. chap, iv., he develops a hypothesis which he + terms "évolution naturelle"; and which, making allowance for his + peculiar views of the nature of generation, bears no small + resemblance to what is understood by "evolution" at the present + day:-- + + "Si la volonté divine a créé par un seul Acte l'Universalité des + êtres, d'où venoient ces plantes et ces animaux dont Moyse nous + décrit la Production au troisième et au cinquième jour du + renouvellement de notre monde? + + "Abuserois-je de la liberté de conjectures si je disois, que les + Plantes et les Animaux qui existent aujourd'hui sont parvenus par une + sorte d'évolution naturelle des Êtres organisés qui peuplaient ce + premier Monde, sorti immédiatement des MAINS du CRÉATEUR?... + + "Ne supposons que trois révolutions. La Terre vient de sortir des + MAINS du CRÉATEUR. Des causes préparées par sa Sagesse font + développer de toutes parts les Germes. Les Êtres organisés commencent + à jouir de l'existence. Ils étoient probablement alors bien différens + de ce qu'ils sont aujourd'hui. Ils l'étoient autant que ce premier + Monde différoit de celui que nous habitons. Nous manquons de moyens + pour juger de ces dissemblances, et peut-être que le plus habile + Naturaliste qui auroit été placé dans ce premier Monde y auroit + entièrement méconnu nos Plantes et nos Animaux." + + [24] "Ce mot (germe) ne désignera pas seulement un corps organisé + _réduit en petit_; il désignera encore toute espèce de _préformation + originelle dont un Tout organique peut résulter comme de son principe + immédiat."--Palingénésie philosophique_, part. x. chap. ii. + + [25] "M. Cuvier considérant que tous les êtres organisés sont dérivés + de parens, et ne voyant dans la nature aucune force capable de + produire l'organisation, croyait à la pré-existence des germes; non + pas à la pré-existence d'un être tout formé, puisqu'il est bien + évident que ce n'est que par des développemens successifs que l'être + acquiert sa forme; mais, si l'on peut s'exprimer ainsi, à la + pré-existence du radical de l'être, radical qui existe avant que la + série des évolutions ne commence, et qui remonte certainement, + suivant la belle observation de Bonnet, à plusieurs + générations."--Laurillard, _Éloge de Cuvier_, note 12. + + [26] _Histoire naturelle_, tom. ii. ed. ii. (1750), p. 350. + + [27] _Ibid._ p. 351. + + [28] See particularly Buffon, l.c. p. 41. + + [29] As Buffon has well said:--"L'idée de ramener l'explication de + tous les phénomènes à des principes mécaniques est assurément grande + et belle, ce pas est le plus hardi qu'on peut faire en philosophie, + et c'est Descartes qui l'a fait."--l.c. p. 50. + + [30] _Principes de la philosophie_, Troisième partie, § 45. + + [31] _Ethices_, Pars tertia, Praefatio. + + [32] _Système de la Nature. Essai sur la formation des corps + organisés_, 1751, xiv. + + [33] _Considérations philosophiques sur la gradation naturelle des + formes de l'être; ou les essais de la nature qui apprend à faire + l'homme_ (1768). + + [34] _Recherches sur les causes des principaux faits physiques_, par + J.B. Lamarck. Paris. Seconde année de la République. In the preface, + Lamarck says that the work was written in 1776, and presented to the + Academy in 1780; but it was not published before 1794, and at that + time it presumably expressed Lamarck's mature views. It would be + interesting to know what brought about the change of opinion + manifested in the _Recherches sur l'organisation des corps vivants_, + published only seven years later. + + [35] See the "Historical Sketch" prefixed to the last edition of the + _Origin of Species_. + + [36] _First Principles and Principles of Biology_ (1860-1864). + + [37] _Generelle Morphologie_ (1866). + + [38] "Il s'agit donc de prouver que la série qui constitute l'échelle + animale réside essentiellement dans la distribution des masses + principals qui la composent et non dans celle des espèces ni même + toujours dans celle des genres."--_Phil. zoologique_, chap. v. + + [39] _Philosophie zoologique_, première partie, chap. iii. + + [40] "Entwurf einer Darstellung der zwischen dem Embryozustände der + höheren Thiere und dem per manenten der niederen stattfindenden + Parallele," _Beyträge zur vergleichenden Anatomie_, Bd. ii. 1811. + + + + +EVORA, the capital of an administrative district in the province of +Alemtejo, Portugal; 72 m. E. by S. of Lisbon, on the Casa +Branca-Evora-Elvas railway. Pop. (1900) 16,020. Evora occupies a fertile +valley enclosed by low hills. It is surrounded by ramparts flanked with +towers, and is further defended by two forts; but the neglected +condition of these, combined with the narrow arcaded streets and +crumbling walls of Roman or Moorish masonry, gives the city an +appearance corresponding with its real antiquity. Evora is the see of an +archbishop, and has several churches, convents and hospitals, barracks, +a diocesan school and a museum. A university, founded in 1550, was +abolished on the expulsion of the Jesuits in the 18th century. The +cathedral, originally a Romanesque building erected 1186-1204, was +restored in Gothic style about 1400; its richly decorated chancel was +added in 1761. The church of São Francisco (1507-1525) is a good example +of the blended Moorish and Gothic architecture known as Manoellian. The +art gallery, formerly the archbishop's palace, contains a collection of +Portuguese and early Flemish paintings. An ancient tower, and the +so-called aqueduct of Sertorius, 9 m. long, have been partly demolished +to make room for the market-square, in which one of the largest fairs in +Portugal is held at midsummer. Both tower and aqueduct were long +believed to have been of Roman origin, but are now known to have been +constructed about 1540-1555 in the reign of John III., at the instance +of an antiquary named Resende. The aqueduct was probably constructed on +the site of the old Roman one. A small Roman temple is used as a public +library; it is usually known as the temple of Diana, a name for which no +valid authority exists. Evora is of little commercial importance, +except as an agricultural centre, but its neighbourhood is famous for +its mules and abounds in cork-woods; there are also mines of iron, +copper, and asbestos and marble quarries. + +Under its original name of _Ebora_, the city was from 80 to 72 B.C. the +headquarters of Sertorius, and it long remained an important Roman +military station. It was called _Liberalitas Juliae_ on account of +certain municipal privileges bestowed on it by Julius Caesar (c. 100-44 +B.C.). Its bishopric, founded in the 5th century, was raised to an +archbishopric in the 16th. In 712 Evora was conquered by the Moors, who +named it _Jabura_; and it was only retaken in 1166. From 1663 to 1665 it +was held by the Spaniards. In 1832 Dom Miguel, retreating before Dom +Pedro, took refuge in Evora; and here was signed the convention of +Evora, by which he was banished. (See PORTUGAL.) + +The administrative district of Evora coincides with the central part of +Alemtejo (q.v.); pop. (1900) 128,062; area, 2856 sq. m. + + + + +ÉVREUX, a town of north-western France, capital of the department of +Eure, 67 m. W.N.W. of Paris on the Western railway to Cherbourg. Pop. +(1906) town, 13,773; commune, 18,971. Situated in the pleasant valley of +the Iton, arms of which traverse it, the town, on the south, slopes up +toward the public gardens and the railway station. It is the seat of a +bishop, and its cathedral is one of the largest and finest in France. +Part of the lower portion of the nave dates from the 11th century; the +west façade with its two ungainly towers is, for the most part, the work +of the late Renaissance, and various styles of the intervening period +are represented in the rest of the church. A thorough restoration was +completed in 1896. The elaborate north transept and portal are in the +flamboyant Gothic; the choir, the finest part of the interior, is in an +earlier Gothic style. Cardinal de la Balue, bishop of Évreux in the +latter half of the 15th century, constructed the octagonal central +tower, with its elegant spire; to him is also due the Lady chapel, which +is remarkable for some finely preserved stained glass. Two rose windows +in the transepts and the carved wooden screens of the side chapels are +masterpieces of 16th-century workmanship. The episcopal palace, a +building of the 15th century, adjoins the south side of the cathedral. +An interesting belfry, facing the handsome modern town hall, dates from +the 15th century. The church of St Taurin, in part Romanesque, has a +choir of the 14th century and other portions of later date; it contains +the shrine of St Taurin, a work of the 13th century. At Vieil Évreux, 3½ +m. south-east of the town, the remains of a Roman theatre, a palace, +baths and an aqueduct have been discovered, as well as various relics +which are now deposited in the museum of Évreux. Évreux is the seat of a +prefect, a court of assizes, of tribunals of first instance and +commerce, a chamber of commerce and a board of trade arbitrators, and +has a branch of the Bank of France, a lycée and training colleges for +teachers. The making of ticking, boots and shoes, agricultural +implements and gas motors, and metal-founding and bleaching are carried +on. + +Vieil-Évreux (_Mediolanum Aulercorum_) was the capital of the Gallic +tribe of the _Aulerci Eburovices_ and a flourishing city during the +Gallo-Roman period. Its bishopric dates from the 4th century. + +The first family of the counts of Évreux which is known was descended +from an illegitimate son of Richard I., duke of Normandy, and became +extinct in the male line with the death of Count William in 1118. The +countship passed in right of Agnes, William's sister, wife of Simon de +Montfort-l'Amaury (d. 1087) to the house of the lords of +Montfort-l'Amaury. Amaury III. of Montfort ceded it in 1200 to King +Philip Augustus. Philip the Fair presented it (1307) to his brother +Louis, for whose benefit Philip the Long raised the countship of Évreux +into a peerage of France (1317). Philip of Évreux, son of Louis, became +king of Navarre by his marriage with Jeanne, daughter of Louis the +Headstrong (Hutin), and their son Charles the Bad and their grandson +Charles the Noble were also kings of Navarre. The latter ceded his +countships of Évreux, Champagne and Brie to King Charles VI. (1404). In +1427 the countship of Évreux was bestowed by King Charles VII. on Sir +John Stuart of Darnley (c. 1365-1429), the commander of his Scottish +bodyguard, who in 1423 had received the seigniory of Aubigny and in +February 1427/8 was granted the right to quarter the royal arms of +France for his victories over the English (see Lady Elizabeth Cust, +_Account of the Stuarts of Aubigny in France, 1422-1672_, 1891). On +Stuart's death (before Orleans during an attack on an English convoy) +the countship reverted to the crown. It was again temporarily alienated +(1569-1584) as an appanage for Francis, duke of Anjou, and in 1651 was +finally made over to Frédéric Maurice de la Tour d'Auvergne, duke of +Bouillon, in exchange for the principality of Sedan. + + + + +EWALD, GEORG HEINRICH AUGUST VON (1803-1875), German Orientalist and +theologian, was born on the 16th of November 1803 at Göttingen, where +his father was a linen-weaver. In 1815 he was sent to the gymnasium, and +in 1820 he entered the university of his native town, where under J.G. +Eichhorn and T.C. Tychsen he devoted himself specially to the study of +Oriental languages. At the close of his academical career in 1823 he was +appointed to a mastership in the gymnasium at Wolfenbüttel, and made a +study of the Oriental manuscripts in the Wolfenbüttel library. But in +the spring of 1824 he was recalled to Göttingen as _repetent_, or +theological tutor, and in 1827 (the year of Eichhorn's death) he became +professor _extraordinarius_ in philosophy and lecturer in Old Testament +exegesis. In 1831 he was promoted to the position of professor +_ordinarius_ in philosophy; in 1833 he became a member of the Royal +Scientific Society, and in 1835, after Tychsen's death, he entered the +faculty of theology, taking the chair of Oriental languages. + +Two years later occurred the first important episode in his studious +life. In 1837, on the 18th of November, along with six of his colleagues +he signed a formal protest against the action of King Ernst August (duke +of Cumberland) in abolishing the liberal constitution of 1833, which had +been granted to the Hanoverians by his predecessor William IV. This bold +procedure of the seven professors led to their speedy expulsion from the +university (14th December). Early in 1838 Ewald received a call to +Tübingen, and there for upwards of ten years he held a chair as +professor _ordinarius_, first in philosophy and afterwards, from 1841, +in theology. To this period belong some of his most important works, and +also the commencement of his bitter feud with F.C. Baur and the Tübingen +school. In 1847, "the great shipwreck-year in Germany," as he has called +it, he was invited back to Göttingen on honourable terms--the liberal +constitution having been restored. He gladly accepted the invitation. In +1862-1863 he took an active part in a movement for reform within the +Hanoverian Church, and he was a member of the synod which passed the new +constitution. He had an important share also in the formation of the +Protestantenverein, or Protestant association, in September 1863. But +the chief crisis in his life arose out of the political events of 1866. +His loyalty to King George (son of Ernst August) would not permit him to +take the oath of allegiance to the victorious king of Prussia, and he +was therefore placed on the retired list, though with the full amount of +his salary as pension. Perhaps even this degree of severity might have +been held by the Prussian authorities to be unnecessary, had Ewald been +less exasperating in his language. The violent tone of some of his +printed manifestoes about this time, especially of his _Lob des Königs +u. des Volkes_, led to his being deprived of the _venia legendi_ (1868) +and also to a criminal process, which, however, resulted in his +acquittal (May 1869). Then, and on two subsequent occasions, he was +returned by the city of Hanover as a member of the North German and +German parliaments. In June 1874 he was found guilty of a libel on +Prince Bismarck, whom he had compared to Frederick II. in "his +unrighteous war with Austria and his ruination of religion and +morality," to Napoleon III. in his way of "picking out the best time +possible for robbery and plunder." For this offence he was sentenced to +undergo three weeks' imprisonment. He died in his 72nd year of heart +disease on the 4th of May 1875. + +Ewald was no common man. In his public life he displayed many noble +characteristics,--perfect simplicity and sincerity, intense moral +earnestness, sturdy independence, absolute fearlessness. As a teacher +he had a remarkable power of kindling enthusiasm; and he sent out many +distinguished pupils, among whom may be mentioned Hitzig, Schrader, +Nöldeke, Diestel and Dillmann. His disciples were not all of one school, +but many eminent scholars who apparently have been untouched by his +influence have in fact developed some of the many ideas which he +suggested. His numerous writings, from 1823 onwards, were the reservoirs +in which the entire energy of a life was stored. His _Hebrew Grammar_ +inaugurated a new era in biblical philology. All subsequent works in +that department have been avowedly based on his, and to him will always +belong the honour of having been, as Hitzig has called him, "the second +founder of the science of the Hebrew language." As an exegete and +biblical critic no less than as a grammarian he has left his abiding +mark. His _Geschichte des Volkes Israël_, the result of thirty years' +labour, was epoch-making in that branch of research. While in every line +it bears the marks of intense individuality, it is at the same time a +product highly characteristic of the age, and even of the decade, in +which it appeared. If it is obviously the outcome of immense learning on +the part of its author, it is no less manifestly the result of the +speculations and researches of many laborious predecessors in all +departments of history, theology and philosophy. Taking up the idea of a +divine education of the human race, which Lessing and Herder had made so +familiar to the modern mind, and firmly believing that to each of the +leading nations of antiquity a special task had been providentially +assigned, Ewald felt no difficulty about Israel's place in universal +history, or about the problem which that race had been called upon to +solve. The history of Israel, according to him, is simply the history of +the manner in which the one true religion really and truly came into the +possession of mankind. Other nations, indeed, had attempted the highest +problems in religion; but Israel alone, in the providence of God, had +succeeded, for Israel alone had been inspired. Such is the supreme +meaning of that national history which began with the exodus and +culminated (at the same time virtually terminating) in the appearing of +Christ. The historical interval that separated these two events is +treated as naturally dividing itself into three great periods,--those of +Moses, David and Ezra. The periods are externally indicated by the +successive names by which the chosen people were called--Hebrews, +Israelites, Jews. The events prior to the exodus are relegated by Ewald +to a preliminary chapter of primitive history; and the events of the +apostolic and post-apostolic age are treated as a kind of appendix. The +entire construction of the history is based, as has already been said, +on a critical examination and chronological arrangement of the available +documents. So far as the results of criticism are still uncertain with +regard to the age and authorship of any of these, Ewald's conclusions +must of course be regarded as unsatisfactory. But his work remains a +storehouse of learning and is increasingly recognized as a work of rare +genius. + + Of his works the more important are:--_Die Composition der Genesis + kritisch untersucht_ (1823), an acute and able attempt to account for + the use of the two names of God without recourse to the + document-hypothesis; he was not himself, however, permanently + convinced by it; _De metris carminum Arabicorum_ (1825); _Das Hohelied + Salomo's übersetzt u. erklärt_ (1826; 3rd ed., 1866); _Kritische + Grammatik der hebr. Sprache_ (1827)--this afterwards became the + _Ausführliches Lehrbuch der hebr. Sprache_ (8th ed., 1870); and it was + followed by the _Hebr. Sprachlehre für Anfänger_ (4th ed., 1874); + _Über einige ältere Sanskritmetra_ (1827); _Liber Vakedii de + Mesopotamiae expugnatae historia_ (1827); _Commentarius in Apocalypsin + Johannis_ (1828); _Abhandlungen zur biblischen u. orientalischen + Literatur_ (1832); _Grammatica critica linguae Arabicae_ (1831-1833); + _Die poetischen Bücher des alten Bundes_ (1835-1837, 3rd ed., + 1866-1867); _Die Propheten des alten Bundes_ (1840-1841, 2nd ed., + 1867-1868); _Geschichte des Volkes Israël_ (1843-1859, 3rd ed., + 1864-1868); _Alterthümer Israels_ (1848); _Die drei ersten Evangelien + übersetzt u. erklärt_ (1850); _Über das äthiopische Buch Henoch_ + (1854); _Die Sendschreiben des Apostels Paulus übersetzt u. erklärt_ + (1857); _Die Johanneischen Schriften übersetzt u. erklärt_ + (1861-1862); _Über das vierte Esrabuch_ (1863); _Sieben Sendschreiben + des neuen Bundes_ (1870); _Das Sendschreiben an die Hebräer u. + Jakobos' Rundschreiben_ (1870); _Die Lehre der Bibel von Gott, oder + Theologie des alten u. neuen Bundes_ (1871-1875). The _Jahrbücher der + biblischen Wissenschaft_ (1849-1865) were edited, and for the most + part written, by him. He was the chief promoter of the _Zeitschrift + für die Kunde des Morgenlandes_, begun in 1837; and he frequently + contributed on various subjects to the _Götting. gelehrte Anzeigen_. + He was also the author of many pamphlets of an occasional character. + + The following have been translated into English:--_Hebrew Grammar_, by + John Nicholson (from 2nd German edition) (London 1836); _Introductory + Hebrew Grammar_ (from 3rd German edition) (London, 1870); _History of + Israel_, 5 vols. (corresponding to vols. i.-iv. of the German), by + Russell Martineau and J. Estlin Carpenter (London, 1867-1874); + _Antiquities of Israel_, by H.S. Solly (London, 1876); _Commentary on + the Prophets of the Old Testament_, by J. Frederick Smith (2 vols., + London, 1876-1877); _Isaiah the Prophet_, chaps. i.-xxxiii., by O. + Glover (London, 1869); _Life of Jesus Christ_, also by O. Glover + (London, 1865). + + See the article in Herzog-Hauck; T. Witton Davies, _Heinrich Ewald_ + (1903); and cf. T.K. Cheyne, _Founders of Old Testament Criticism_ + (1893); F. Lichtenberger, _History of German Theology in the + Nineteenth Century_ (1889). + + + + +EWALD, JOHANNES (1743-1781), the greatest lyrical poet of Denmark, was +the son of a melancholy and sickly chaplain at Copenhagen, where he was +born on the 18th of November 1743. At the age of eleven he was sent to +school at Schleswig, his father's birthplace, and returned to the +capital only to enter the university in 1758. His father was by that +time dead, and in his mother, a frivolous and foolish woman, he found +neither sympathy nor moral support. At fifteen he fell passionately in +love with Arense Hulegaard, a girl whose father afterwards married the +poet's mother; and the romantic boy resolved on various modes of making +himself admired by the young lady. He began to learn Abyssinian, for the +purpose of going out as a missionary to Africa, but this scheme was soon +given up, and he persuaded a brother, four years older than himself, to +run away that they might enlist as hussars in the Prussian army. They +managed to reach Hamburg just when the Seven Years' War was commencing +and were allowed to enter a regiment. But the elder brother soon got +tired and ran away, while the poet, after a series of extraordinary +adventures, deserted to the Austrian army, where from being drummer he +rose to being sergeant, and was only not made an officer because he was +a Protestant. In 1760 he was weary of a soldier's life and deserted +again, getting safe back to Denmark. For the next two years he worked +with great diligence at the university, but the Arense for whom he had +gone through so much hardship and taken so much pains married another +man almost immediately after Ewald's final and very successful +examination. The disappointment was one from which he never recovered, +but his own weakness of will was largely to blame for it. He plunged +into dissipation of every kind, and gave his serious thoughts only to +poetry. + +In 1763 his first work, a perfunctory dissertation, _De pyrologia +sacra_, first saw the light. In 1764 he made a considerable success with +a short prose story in the popular manner of Sneedorf, _Lykkens Tempel_ +(The Temple of Fortune), which was translated into German and Icelandic. +On the death of Frederick V., however, Ewald first appeared prominently +as a poet; he published in 1766 three _Elegies_ over the dead king, +which were received with universal acclamation, and of which one, at +least, is a veritable masterpiece. But his dramatic poem _Adam og Eva_ +(Adam and Eve), by far the finest imaginative work produced in Denmark +up to that time, was rejected by the Society of Arts in 1767 and was not +published until 1769. At the latter date, however, its merits were +perceived. In 1770 Ewald attained success with _Philet_, a narrative and +lyrical poem, and still more with his splendid _Rolf Krage_, the first +original Danish tragedy. For the next ten years Ewald was occupied in +producing one brilliant poetical work after another, in rapid +succession. In 1771 he published _De brutale Klappers_ (The Brutal +Clappers), a tragi-comedy or parody satirizing the dispute then raging +between the critics and the manager of the Royal Theatre; in 1772 he +translated from the German the lyrical drama of _Philemon and Baucis_, +and brought out his versified comedy of _Harlequin Patriot_, a satire on +the passion for political scribbling created by Struensee's introduction +of the liberty of the press. In 1773 he published _Pebersvendene_ (Old +Bachelors), a prose comedy. In 1771 he had already collected some of his +lyrical poems under the title of _Adskilligt af Johannes Ewald_ +(Miscellanies). In 1774 appeared the heroic opera of _Balder's Död_ +(Balder's Death), and in 1779 the finest of his works, the lyrical drama +_Fiskerne_ (The Fishers), which contains the Danish National Song, "King +Christian stood by the high Mast," his most famous lyric. In the two +poems last mentioned, however, Ewald passed beyond contemporary taste, +and these great works, the pride of Danish literature, were coldly +received. But while the new poetry was slowly winning its way into +popular esteem, the poet did not lack admirers, and at the head of these +he founded in 1775 the Danish Literary Society, a body which became +influential, and which made the study of Ewald a cultus. But the poet's +health had broken; when he was writing _Rolf Krage_ he was already an +inmate of the consumptive hospital, and when he seemed to be recovering, +his health was shattered again by a night spent in the frosty streets. +He embittered his existence by the recklessness of his private life, and +finally, through a fall from a horse, he ended by becoming a complete +invalid. His last ten years were full of acute suffering; his mother +treated him with cruelty, his family with neglect, and but few even of +his friends showed any manliness or generosity towards him. In 1774 he +was placed in the house of an inspector of fisheries at Rungsted, where +Anna Hedevig Jacobsen, the daughter of the house, tended the wasted poet +with infinite tenderness and skill. He stayed in this house for three +years, and wrote there some of his finest later lyrics. Meanwhile he had +fallen deeply in love with the charming solace of his sufferings and won +her consent to a marriage. This step, however, was prevented by his +family, who roughly removed him to their own keeping near Kronborg. Here +he was treated so infamously that he insisted on being taken back to +Copenhagen in 1777, where he found an older, but no less tender nurse, +in Ane Kirstine Skou. Here he wrote _Fiskerne_ with his imagination full +of the familiar shore at Hornbaek, near Rungsted. In 1780 he was a +little better, and managed to be present at the theatre at the first +performance of his poem. But this excitement hastened his end, and after +months of extreme agony he died on the 17th of March 1781, and was +carried to the grave by a large assembly of his admirers, since he was +now just recognized by the public for the first time as the greatest +national poet. Among his papers were found fragments of three dramas, +two on old Scandinavian subjects, entitled _Frode_ and _Helgo_, and the +third a tragedy on the story of _Hamlet_, which he meant to treat in a +way wholly distinct from Shakespeare's. + +Ewald belongs to the race of poetical reformers who appeared in all +countries of Europe at the end of the 18th century; but it is +interesting to observe that in point of time he preceded all of them. He +was born six years earlier than Goethe and Alfieri, sixteen years before +Schiller, nine years before André Chénier, and twenty-seven years +earlier than Wordsworth, but he did for Denmark what each of these poets +did for his own country. Ewald found Danish literature given over to +tasteless rhetoric, and without art or vigour. He introduced vivacity of +style, freshness and brevity of form, and an imaginative study of nature +which was then unprecedented. But perhaps his greatest claim to notice +is the fact that he was the first person to call the attention of the +Scandinavian peoples to the treasuries of their ancient history and +mythology, and to suggest the use of these in imaginative writing. With +a colouring more distinctly modern than that of Collins and Gray, his +lyrics yet resemble the odes of these his English contemporaries more +closely than those of any continental poet; from another point of view +his ballads remind us of those of Schiller, which they preceded. His +dramas, which had an immense influence on the Danish stage, are now +chiefly of antiquarian interest, with the exception of "The Fishers," a +work that must always live as a great national poem. In personal +character and in fate Ewald seems to have been not unlike Heinrich +Heine. + + The first collected edition of Ewald's works began to appear in his + lifetime. It is in four volumes, 1780-1784. His works have constantly + been reprinted, but the standard edition is that by Liebenberg, in 8 + vols., 1850-1855. The best biographies of him are those by C. Molbech + (1831), Hammerich (1860) and Andreas Dolleris (1900). (E. G.) + + + + +EWART, WILLIAM (1798-1869), English politician, was born in Liverpool on +the 1st of May 1798. He was educated at Eton and Christ Church, Oxford, +gaining the Newdigate prize for English verse. He was called to the bar +at the Middle Temple in 1827, and the next year entered parliament for +the borough of Bletchingley in Surrey. He subsequently sat for Liverpool +from 1830 to 1837, for Wigan in 1839, and for Dumfries Burghs from 1841 +until his retirement from public life in 1868. He died at Broadleas, +near Devizes, on the 23rd of January 1869, Ewart, who was an advanced +liberal in politics, was responsible during his long political career +for many useful measures. In 1834 he carried a bill for the abolition of +hanging in chains, and in 1837 he was successful in getting an act +passed for abolishing capital punishment for cattle-stealing and other +offences. In 1850 he carried a bill for establishing free libraries +supported out of the rates, and in 1864 he was instrumental in getting +an act passed for legalizing the use of the metric system of weights and +measures. He was always a strong advocate for the abolition of capital +punishment, and on his motion in 1864 a select committee was appointed +to consider the subject. Other reforms which he advocated and which have +since been carried out were an annual statement on education, and the +examination of candidates for the civil service and army. + + + + +EWE, a group of Negro peoples of the Slave Coast, West Africa. By the +natives their country is called _Ewe-me_, "Land of the Ewe." The Ewe +family forms five linguistic groups: the Anlo or Anglawa on the Gold +Coast frontier, the Krepi of Anfueh speech, the Jeji, the Dahomeyans and +the Mahi. + + See further Dahomey, and A.B. Ellis, _The Ewe-Speaking Peoples of the + Slave Coast_ ... (London, 1890). + + + + +EWELL, RICHARD STODDERT (1817-1872), American soldier, +lieutenant-general in the Confederate army, was born in Georgetown, now +a part of Washington, D.C., on the 2nd of February 1817, and graduated +at West Point in 1840. As a cavalry officer he saw much active service +in the Mexican War and later in Indian warfare in New Mexico. He +resigned his commission at the outbreak of the Civil War, and entered +the Confederate service. He commanded a brigade in the first Bull Run +campaign, and a division in the famous Valley Campaign of "Stonewall" +Jackson, to whom he was next in rank. At Cross Keys he was in command of +the forces which defeated General Frémont. Ewell's division served with +Jackson in the Seven Days and in the campaign of Second Bull Run. At the +action of Groveton Ewell lost a leg, but did not on that account retire +from active service, though other generals led his men in the sanguinary +battles of Antietam (where they lost 47% of their numbers) and +Fredericksburg. After the death of "Stonewall" Jackson, Ewell was +promoted lieutenant-general and appointed to command the 2nd Corps, with +which he had served from the beginning of the Valley Campaign. His +promotion set aside General J.E.B. Stuart, the temporary commander of +Jackson's corps; that Ewell, crippled as he was, was preferred to the +brilliant cavalry leader was a marked testimony to his sterling +qualities as a soldier. The invasion of Pennsylvania soon followed, +Ewell's corps leading the advance of Lee's army. A federal force was +skilfully cut off and destroyed near Winchester, Va., and Ewell's corps +then raided Maryland and southern Pennsylvania unchecked. At the battle +of Gettysburg, the 2nd Corps decided the fighting of the first day in +favour of the Confederates, driving the enemy before them; on the second +day it fought a desperate action on Lee's left wing. Ewell took part in +the closing operations of 1863 and in all the battles of the Wilderness +and Petersburg campaigns. In the final campaign of 1865 he and the +remnant of his corps were cut off and forced to surrender at Sailor's +Creek, a few days before his chief capitulated to Grant at Appomattox. +After the war General Ewell lived in retirement. He died near Spring +Hill, Maury County, Tennessee, on the 25th of January 1872. + + + + +EWING, ALEXANDER (1814-1873), Scottish divine, was born of an old +Highland family in Aberdeen on the 25th of March 1814. In October 1838 +he was admitted to deacon's orders, and after his return from Italy he +took charge of the episcopal congregation at Forres, and was ordained a +presbyter in the autumn of 1841. In 1846 he was elected first bishop of +the newly restored diocese of Argyll and the Isles, the duties of which +position he discharged till his death on the 22nd of May 1873. In 1851 +he received the degree of D.C.L. from the university of Oxford. Though +hampered by a delicate bodily constitution, he worked in a spirit of +buoyant cheerfulness. By the charm of his personal manner and his +catholic sympathies he gradually attained a prominent position. In +theological discussion he contended for the exercise of a wide +tolerance, and attached little importance to ecclesiastical authority +and organization. His own theological position had close affinity with +that of Thomas Erskine of Linlathen and Frederick Denison Maurice; but +his opinions were the fruit of his own meditation, and were coloured by +his own individuality. The trend of his teaching is only to be gathered +from fragmentary publications--letters to the newspapers, pamphlets, +special sermons, essays contributed to the series of _Present Day +Papers_, of which he was the editor, and a volume of sermons entitled +_Revelation considered as Light_. + + Besides his strictly theological writings, Ewing was the author of the + _Cathedral or Abbey Church of Iona_ (1865), the first part of which + contains drawings and descriptive letterpress of the ruins, and the + second a history of the early Celtic church and the mission of St + Columba. See _Memoir of Alexander Ewing, D.C.L._, by A.J. Ross (1877). + + + + +EWING, JULIANA HORATIA ORR (1841-1885), English writer of books for +children, daughter of the Rev. Alfred Gatty and of Margaret Gatty +(q.v.), was born at Ecclesfield, Yorkshire, in 1841. One of a large +family, she was accustomed to act as nursery story-teller to her +brothers and sisters, and her brother Alfred Scott Gatty provided music +to accompany her plays. She was well educated in classics and modern +languages, and at an early age began to publish verses, being a +contributor to _Aunt Judy's Magazine_, which her mother started in 1866. +_The Land of Lost Toys_ and many other of Juliana's stories appeared in +this magazine. In 1867 she married Major Alexander Ewing, himself an +author, and the composer of the well-known hymn "Jerusalem the Golden." +From this time until her death (13th May 1885), previously to which she +had been a constant invalid, Mrs Ewing produced a number of charming +children's stories. The best of these are: _The Brownies_ (1870), _A +Flat-Iron for a Farthing_ (1873), _Lob-lie-by the Fire_ (1874), _The +Story of a Short Life_ (1885) and _Jackanapes_ (1884), the two +last-named, in particular, obtaining great success; among others may be +mentioned _Mrs Over-the-Way's Remembrances_ (1869), _Six to Sixteen, Jan +of the Windmill_ (1876), _A Great Emergency_ (1877), _We and the World_ +(1881), _Old-Fashioned Fairy Tales, Brothers of Pity_ (1882), _The +Doll's Wash_, _Master Fritz_, _Our Garden_, _A Soldier's Children_, +_Three Little Nest-Birds_, _A Week Spent in a Glass-House_, _A Sweet +Little Dear_, and _Blue-Red_ (1883). Many of these were published by the +S.P.C.K. Simple and unaffected in style, and sound and wholesome in +matter, with quiet touches of humour and bright sketches of scenery and +character, Mrs Ewing's best stories have never been surpassed in the +style of literature to which they belong. + + + + +EWING, THOMAS (1789-1871), American lawyer and statesman, was born near +the present West Liberty, West Virginia, on the 28th of December 1789. +His father, George Ewing, settled at Lancaster, Fairfield county, Ohio, +in 1792. Thomas graduated at Ohio University, Athens, Ohio, in 1815, and +in August 1816 was admitted to the bar at Lancaster, where he won high +rank as an advocate. He was a Whig member of the United States senate in +1831-1837, and as such took a prominent part in the legislative struggle +over the United States Bank, whose rechartering he favoured and which he +resolutely defended against President Jackson's attack, opposing in able +speeches the withdrawal of deposits and Secretary Woodbury's "Specie +Circular" of 1836. In March 1841 he became secretary of the treasury in +President W.H. Harrison's cabinet. When, however, after President +Tyler's accession, the relations between the President and the Whig +Party became strained, he retired (September 1841) and was succeeded by +Walter Forward (1786-1852). Subsequently from March 1849 to July 1850 +he was a member of President Taylor's cabinet as the first secretary of +the newly established department of the interior. He thoroughly +organized the department, and in his able annual report advocated the +construction by government aid of a railroad to the Pacific Coast. In +1850-1851 he filled the unexpired term of Thomas Corwin in the U.S. +Senate, strenuously opposing Clay's compromise measures and advocating +the abolition of slavery in the District of Columbia. He was +subsequently a delegate to the Peace Congress in 1861, and was a loyal +supporter of President Lincoln's war policy. He died at Lancaster, Ohio, +on the 26th of October 1871. + +His daughter was the wife of General William T. Sherman. His son, Hugh +Boyle Ewing (1826-1905), served throughout the Civil War in the Federal +armies, rising from the rank of colonel (1861) to that of +brigadier-general (1862) and brevet major-general (1865), and commanding +brigades at Antietam and Vicksburg and a division at Chickamauga; and +was minister of the United States to the Netherlands in 1866-1870. +Another son, Thomas Ewing (1829-1896), studied at Brown University in +1852-1854 (in 1894, by a special vote, he was placed on the list of +graduates in the class of 1856); he was a lawyer and a free-state +politician in Kansas in 1857-1861, and was the first chief-justice of +the Kansas supreme court (1861-1862). In the Civil War he attained the +rank of brigadier-general (March 1863) and received the brevet of +major-general (1865). He was subsequently a representative in Congress +from Ohio in 1877-1881; and from 1882 to 1896 practised law in New York +City, where he was long one of the recognized leaders of the bar. + + + + +EXAMINATIONS. The term "examination" (i.e. inspecting, weighing and +testing; from Lat. _examen_, the tongue of a balance) is used in the +following article to denote a systematic test of knowledge, and of +either special or general capacity or fitness, carried out under the +authority of some public body. + +1. _History._--The oldest known system of examinations in history is +that used in China for the selection of officers for the public service +(c. 1115 B.C.), and the periodic tests which they undergo after entry +(c. 2200 B.C.). See CHINA; also W.A.P. Martin, _The Lore of Cathay_ +(1901), p. 311 et seq.; T.L. Bullock, "Competitive Examinations in +China" (_Nineteenth Century_, July 1894); and Étienne Zi, _Pratique des +examens littéraires en Chine_ (Shanghai, 1894). The abolition of this +system was announced in 1906, and, as a partial substitute, it was +decided to hold an annual examination in Peking of Chinese graduates +educated abroad (_Times_, 22nd of October 1906). + +The majority of examinations in western countries are derived from the +university examinations of the middle ages. The first universities of +Europe consisted of corporations of teachers and of students analogous +to the trade gilds and merchant gilds of the time. In the trade gilds +there were apprentices, companions, and masters. No one was admitted to +mastership until he had served his apprenticeship (q.v.), nor, as a +rule, until he had shown that he could accomplish a piece of work to the +satisfaction of the gild. + +The object of the universities was to teach; and to the three classes +established by the gild correspond roughly the _scholar_, the _bachelor_ +or pupil-teacher (see Rashdall i. 209, note 2, and 221, note 5), and the +_master_ or _doctor_ (two terms at first equivalent) who, having served +his apprenticeship and passed a definite technical test, had received +permission to teach. The early universities of Europe, being under the +same religious authority and animated by the same philosophy, resembled +each other very closely in curriculum and general organization and +examinations, and by the authority of the emperor, or of the pope in +most cases, the permission to teach granted by one university was valid +in all (_jus ubicunque docendi_). + +The earliest university examinations of which a description is available +are those in civil and in canon law held at Bologna at a period +subsequent to 1219. The student was admitted without examination as +bachelor after from four to six years' study, and after from six to +eight years' study became qualified as a candidate for the doctorate. He +might obtain the doctorate in both branches of law in ten years +(Rashdall i. 221-222). + +The doctoral examination at Bologna in the 13th-14th centuries consisted +of two parts--a private examination which was the real test, and a +public one of a ceremonial character (_conventus_). The candidate first +took an "oath that he had complied with all the statutable conditions, +that he would give no more than the statutable fees or entertainments to +the rector himself, the doctor or his fellow-students, and that he would +obey the rector." He was then presented to the archdeacon of Bologna by +one or more doctors, who were required to have satisfied themselves of +his fitness by private examination. On the morning of the examination, +after attending mass, he was assigned by one of the doctors of the +assembled college two passages (_puncta_) in the civil or canon law, +which he retired to his house to study, possibly with the assistance of +the presenting doctor. Later in the day he gave a lecture on, or +exposition of, the prepared passages, and was examined on them by two of +the doctors appointed by the college. Other doctors might then put +supplementary questions on law arising out of the passages, or might +suggest objections to his answers. The vote of the doctors present was +taken by ballot, and the fate of the candidate was determined by the +majority. The successful candidate, who received the title of +licentiate, was, on payment of a heavy fee and other expenses, permitted +to proceed to the _conventus_ or final public examination. This +consisted in the delivery of a speech and the defence of a thesis on +some point of law, selected by the candidate, against opponents selected +from among the students. The successful candidate received from the +archdeacon the formal "licence to teach" by the authority of the pope in +the name of the Trinity, and was invested with the insignia of office. +At Bologna, though not at Paris, the "permission to teach" soon became +fictitious, only a small number of doctors being allowed to exercise the +right of teaching in that university (Rashdall). + +In the faculty of arts of Paris, towards the end of the 13th century, +the system was already more complicated than at Bologna. The +baccalaureate, licentiateship, and mastership formed three distinct +degrees. For admission to the baccalaureate a preliminary test or +"Responsions" was first required, at which the candidate had to dispute +in grammar or logic with a master. The examiners then inspected the +certificates (_schedulae_) of residence and of having attended lectures +in the prescribed subjects, and examined him in the contents of his +books. The successful candidate was admitted to maintain a thesis +against an opponent, a process called "determination" (see Rashdall i. +443 et seq.), and as bachelor was then permitted to give "cursory" +lectures. After five or six years from the date of beginning his studies +(matriculation) and being twenty years of age (these conditions varied +at different periods), a bachelor was permitted to present himself for +the examination for the licentiateship, which was divided into two +parts. The first part was conducted in private by the chancellor and +four examiners (_temptatores in cameris_), and included an inquiry into +the candidate's residence, attendance at lectures, and performance of +exercises, as well as examination in prescribed books; those candidates +adjudged worthy were admitted to the more important examination before +the faculty, and the names of successful candidates were sent to the +chancellor in batches of eight or more at a time, arranged in order of +merit. (The order of merit at the examination for the licentiateship +existed in Paris till quite recently.) Each successful candidate was +then required to maintain a thesis chosen by himself (_quodlibetica_) in +St Julian's church, and was finally submitted to a purely formal public +examination (_collatio_) at either the episcopal palace or the abbey of +Ste Geneviève, before receiving from the chancellor, in the name of the +Trinity, the licence to incept or begin to teach in the faculty of arts. +After some six months more the licentiate took part "in a peculiarly +solemn disputation known as his 'Vespers,'" then gave his formal +inaugural lecture or disputation before the faculty, and was received +into the faculty as master. This last process was called "inception." + +In discussing the value of medieval examinations of the kind described, +Paulsen (_The German Universities_ (1906), p. 25) asserts that they were +well adapted to increase a student's alertness, his power of +comprehending new ideas, and his ability quickly and surely to +assimilate them to his own, and that "they did more to enable [students] +to grasp a subject than the mute and solitary reviewing and cramming of +our modern examinations can possibly do." At their best they fulfilled +precisely the technical purpose for which they were intended; they fully +tested the capacity of the candidate to teach the subjects which he was +required to teach in accordance with the methods which he was required +to use. The limitations of the test were the limitations of the +educational and philosophic ideals of the time, in which a dogmatic +basis was presupposed to all knowledge and criticism was limited to the +superstructure. At their worst, even with venal examiners (and +additional fees were often offered as a bribe), Rashdall regards these +examinations (at the end of the 13th century) as probably "less of a +farce than the pass examinations of Oxford and Cambridge almost within +the memory of persons now living." It is, however, to be pointed out +that the standard in Paris and elsewhere at a later date became +scandalously low in some cases. In some universities the sons of nobles +were regularly excused certain examinations. At Cambridge in 1774 Fellow +Commoners were examined with such precipitation to fulfil the formal +requirements of the statutes that the ceremony was termed "huddling for +a degree" (Jebb, _Remarks upon the Present Mode of Education in the +University of Cambridge_, 4th ed., 1774, p. 32). The last privileges of +this kind were abolished at Cambridge by a grace passed on the 20th of +March 1884. + +In the medieval examinations described above we find most of the +elements of our present examinations: certificates of previous study and +good conduct, preparation of set-books, questioning on subjects not +specially prepared, division of examinations into various parts, +classification in order of merit, payment of fees, the presentation of a +dissertation, and the defence and publication of a thesis (a term of +which the meaning has now become extended). + +The requirement to write answers to questions written or dictated, to +satisfy a practical test (other than in teaching), and a clinical test +in medicine, appear to be of later date.[1] The medieval candidate for +the doctorate in medicine, although required to have attended practice +before presenting himself, discussed as his thesis a purely theoretical +question, often semi-theological in character, of which as an extreme +example may be quoted "whether Adam had a navel." + +The competitive system was developed considerably at Louvain, and in the +15th century the candidates for the mastership of arts were divided into +three classes (_rigorosi_, honour-men; _transibiles_, pass-men; +_gratiosi_, charity-passes), while a fourth, which was not published, +contained the names of those who failed. In the 17th century the first +class comprised the names of twelve, and the second, of twenty-four, +candidates, who were divided on the report of their teachers into +classes before the examination, and finally arranged in order of merit +by the examiners (Vernulaeus, quoted by Sir W. Hamilton, _Discussions_, +1852; p. 647; Rashdall, loc. cit. ii. 262). At the Cambridge tripos (as +described by Jebb in 1774, _Remarks_, &c., pp. 20-31) the first +twenty-four candidates were also selected by a preliminary test; they +were then divided further into "wranglers" (the disputants, _par +excellence_) and _Senior Optimes_, the next twelve on the list being +called the _Junior Optimes_. These names have in the mathematics tripos +survived the procedure. (The name _Tripos_ is derived from the +three-legged stool on which "an old bachilour," selected for the +purpose, sat during his disputation with the senior bachelor of the +year, who was required to propound two questions to him.) + +The subjects in which the medieval universities examined were (i.) those +of the trivium and quadrivium in the faculty of arts; (ii.) theology; +(iii.) medicine; and (iv.) civil and canon law. The number of subjects +in which examinations are held has since grown immensely. We can only +sketch in outline the transformations of certain typical university +systems of examinations. + +At Oxford there is no record of a process of formal examination on books +similar to that of Paris (Rashdall, ii. 442 et seq.), disputations being +apparently the only test applied in its early history. Examinations were +definitely introduced for the B.A. and M.A. degrees by Laud in 1636-1638 +(Brodrick, _History of Oxford_, p. 114), but the standard prescribed was +so much beyond the actual requirements of later times that it may be +doubted if it was enforced. The studies fell in the 18th century into an +"abject state," from which they were first raised by a statute passed in +1800 (_Report of Oxford University Commission of 1850-1852_, p. 60 et +seq.), under which distinctions were first allotted to the ablest +candidates for the bachelor's degree. Further changes were made in 1807 +and 1825; and in 1830 a distinction was made between honours +examinations of a more difficult character, at which successful +candidates were divided into four classes, and pass examinations of an +easier character. By the statutes of 1849 and 1858 an intermediate +"Moderations" examination was instituted between the preliminary +examination called "Responsions" and the final examination. Since 1850, +although fresh subjects of examination have been introduced, no +considerable change of system has been made. + +The bachelor's degree at Oxford tended from an early period to be +postponed to an advanced stage of studies, while the requirements for +the master's degree diminished until, in 1807, the examination for the +M.A. was abolished. It is now awarded to bachelors of three years' +standing on payment of a fee. + +Cambridge in early times followed the example of Oxford, and here also +the bachelor's degree became more and more important (Bass Mullinger, +_History of the University of Cambridge from 1535_..., p. 414), and the +M.A. has been finally reduced to a mere formality, awarded on terms +similar to those of the sister university. The standard of examinations +was raised in Cambridge at an earlier date than at Oxford, and in the +18th century the tripos "established the reputation of Cambridge as a +School of Mathematical Science." The school, however, produced few, if +any, great mathematicians between Newton and George Green. It was only +between 1830 and 1840 that the standard of the tripos became a high one. +At Cambridge there is no intermediate examination between the "Previous +Examination" (commonly called "Little-go"), which corresponds to Oxford +"Responsions" or "Smalls" and the triposes and examinations for the +"Poll" degree, which correspond to the Oxford final honours and pass +examinations respectively. But most of the triposes have been divided +into two parts, of which the second is not obligatory in order to obtain +a degree. The "senior wrangler" was the first candidate in order of +merit in the first part of the mathematical tripos. The abolition of +order of merit at this examination was decided on in 1906, and names of +candidates appeared in this order for the last time in 1909. + +At the Scottish universities the B.A. degree has become extinct, and the +M.A., awarded on the results of examination, is the first degree in the +faculty of arts. + +The incorporation of the university of London in 1836 marks an era in +the history of examinations; the teaching and examining functions of a +university were dissociated for the first time. Until 1858 the London +examinations were open only to students in affiliated colleges, and the +teachers had no share in the appointment of the examiners or in +determining the curricula for examinations; in 1858 the examinations +were thrown open to all comers, and no requirements were insisted on +with regard to courses of study except for degrees in the faculty of +medicine. The sole function of the university was to examine, and its +examinations for matriculation and for degrees in arts and science were +carried on by means of written papers not only in London but in many +centres in the United Kingdom and the colonies. From the first the +degrees were (unlike those of Oxford and Cambridge until 1871) open to +all male persons without religious distinctions; and in 1878 they were +opened to women. (Tripos examinations were thrown open to women at +Cambridge by the grace of 24th Feb. 1881, and at Oxford women were +admitted to examinations for honours by statute of 29th April 1884. +Proposals to admit women to university degrees were rejected by Oxford +and Cambridge in 1896 and 1897 respectively.) + +The standard of difficulty set by the university of London was a high +one, very much higher for its pass degrees than the corresponding +standards at Oxford and Cambridge, while the standard for honours was +equally high. In medicine the examinations were made both wider in range +and more searching than those of any other examining body. But, for +reasons dealt with below, great discontent was roused by the new system. +In 1880 the Victoria University, Manchester, was established, in which +teaching and examining were again united; and in the universities since +established, with the exception of the Royal University of Ireland +(which was created in 1880 as an examining body on the model of London, +but which was dissolved under the Irish Universities Act 1908, and +replaced by the National University of Ireland and the Queen's +University of Belfast), the precedent of Victoria has been followed. By +an act passed in 1898, of which the provisions came into force in 1900, +the university of London was reconstituted as a teaching university, +although provision was made for the continuance of the system of +examinations by "external examiners" for "external students," together +with "internal examinations" for "internal students," in which the +teachers and the external examiners of the university are associated. +The examinations in music and the final examinations in law and medicine +are carried on [1910] both for "internal" and "external" students by +"external" examiners only, who are, however, appointed on the +recommendation of boards of studies consisting mainly of London +teachers. + +At the university of Dublin, examinations have been maintained both for +the B.A. and M.A. degrees, and students may be admitted to the +examinations in subjects other than divinity, law, medicine, and +engineering without attendance at university courses. + +The examinations of the newer universities, the Victoria University of +Manchester, Birmingham, Liverpool, Leeds, Sheffield and Wales, are open +only to students at these universities, and are conducted by the +teachers in association with one or more external examiners for each +subject. In some universities, e.g. Manchester, the M.A. degree is given +after examination to students who have taken a pass, and without +examination to those who have taken an honours degree. + +The universities which have departed furthest from the medieval system +of examinations, at any rate in appearance, are those of Germany. The +baccalaureate has disappeared, but students cannot be matriculated +without having passed the _Abiturienten-examen_ (see below), probably +the most severe of all entrance examinations (foreign students may be +exempted under certain conditions). The student desiring to proceed to +the doctorate is free from examinations thereafter until he presents his +thesis for the doctor's degree,[2] when, if it is accepted, he is +submitted to a public oral examination not only in his principal subject +(_Hauptfach_), but also as a rule in two or more collateral subjects +(_Nebenfächer_). The doctor's degree does not give the right to teach in +a faculty (_venia legendi_). To acquire this a doctor must present a +further thesis (_Habilitationsschrift_), and must deliver two lectures, +one before the faculty, followed by a discussion (_colloquium_), the +other in public; but these lectures "seem to be merely secondary and are +tending to become so more and more"; "scientific productiveness is so +sharply emphasized among the conditions for admission that it +overshadows all the rest" (Paulsen, loc. cit. p. 165). + +In France the examination for the baccalaureate, though conducted in +part by university examiners, has become a school-leaving examination +(see below). The licentiateship has been preserved in the faculties of +arts, science and laws, and is in point of difficulty about equal to the +pass degree examinations of the university of London, though differing +in the nature of the tests. In the faculty of sciences, the three +subjects of examination selected may, under a recent regulation, be +taken separately. Until a few years ago the successful candidates at the +licentiateship were arranged in order of merit. For the doctorate in the +faculty of letters two theses must be submitted, of which the subject +and plan must be approved by the faculty (until recently one of them was +required to be written in Latin). Permission to print the theses is +given by the rector or vice-rector after report from one or more +professors, and they are then discussed publicly by the faculty and the +candidate (_soutenance de thèse_). In this public discussion the +"disputation" of the middle ages survives in its least changed form. The +literary theses required by French universities are, as a rule, volumes +of several hundred pages, and more important in character even than the +German _Habilitationsschrift_. The possession of the doctorate is a +_sine qua non_ for eligibility to a university chair, and to a +lectureship in the university of Paris. + +In the faculty of sciences a candidate for the doctorate may submit two +theses, or else submit one thesis and undergo an oral examination. + +For the doctorate in law, a thesis and two oral examinations are +required. + +In the faculty of medicine there is no licentiateship, but for the +doctorate six examinations must be passed and a thesis submitted. + +There is also a special doctorate, the "_doctorat d'Université_," +awarded on a thesis and an oral examination; and there are diplomas +(_Diplômes d'Études supérieures_) awarded on dissertations and +examinations on subjects in philosophy, history and geography, classics +or modern languages, selected mainly by the candidate and approved by +the faculty. + +2. _Professional Examinations._ (a) _Teaching._--University examinations +for degrees having ceased to be used as technical tests of teaching +capacity, new examinations have been devised for this purpose. The test +for German university teachers has been described above. For secondary +teachers, W. von Humboldt instituted a special examination in 1810 +(Paulsen, _Gesch. des gelehrten Unterrichts_, ii. pp. 283 and 393), and +an examination for primary teachers was instituted in Prussia in 1794. + +In France there is a competitive examination for secondary teachers, the +_agrégation_, originally established in 1766. _Agrégés_ have a right to +state employment and they alone can occupy the highest teaching post +(_chaire de professeur_) in a state secondary school, other posts being +open to licentiates. There are also examinations for primary teachers. +The tests for teachers are different for the two sexes. + +In England there is no obligatory test for secondary teachers. The +universities and the College of Preceptors conduct examinations for +teaching diplomas. The Board of Education holds special examinations +(Preliminary Certificate examination and Certificate examination, &c.) +for primary teachers. + +(b) _Medicine._--See MEDICAL EDUCATION. + +(c) _Other Professions._--A system of professional examinations carried +on by professional bodies, in some cases with legal sanction, was +developed in England during the 19th century. Those in the following +subjects are the most important: Accountancy (Institute of Chartered +Accountants and Society of Accountants and Auditors), actuarial work +(Institute of Actuaries), music (Royal Academy of Music, Royal College +of Music, Trinity College of Music, Royal College of Organists, and the +Incorporated Society of Musicians), pharmacy (Pharmaceutical Society), +plumbing (the Plumbers' Company), surveying (Surveyors' Institution), +veterinary medicine (Royal College of Veterinary Surgeons), technical +subjects, e.g. cotton-spinning, dyeing, motor-manufacture (City & Guilds +of London Institute), architecture (Royal Institute of British +Architects), commercial subjects, shorthand (the Society of Arts and +London Chamber of Commerce), engineering (Institutions of Civil +Engineers, of Mechanical Engineers, and of Electrical Engineers). + +3. _School-leaving Examinations._--The faculty of arts in medieval +universities covered secondary as well as higher education in the +subjects concerned. The division in arts subjects between secondary and +university education has been drawn at different levels in different +countries. Thus the first two years of the arts curriculum in English +and American universities correspond, roughly speaking, to the last two +years spent in a secondary school of Germany or France, and the +continental "school-leaving examinations" correspond to the intermediate +examinations of the newer English universities and to the pass +examinations for the degree at Oxford and Cambridge (Mark Pattison, +_Suggestions on Academical Organization_, 1868, p. 238, and Matthew +Arnold, _Higher Schools and Universities in Germany_, 1892, p. 209). + +A tabular summary is given (see Tables I., II., III., IV.) of the +requirements of the secondary school-leaving examinations of France, +Prussia (for the nine-year secondary schools) and Scotland, and of the +university of London. + +There are in England a number of school examinations which, under +prescribed conditions, also serve as school-leaving examinations, and +give entrance to certain universities, especially the Oxford and +Cambridge local examinations (both established in 1858), and the +examinations of the Oxford and Cambridge "Joint Board." A movement to +reduce the number of entrance examinations and to secure uniformity in +their standard was set on foot in 1901. In that year the General Medical +Council communicated to the Board of Education a memorial on the subject +from the Headmasters' Conference. The memorial was further communicated +to various professional bodies concerned. Conferences were held by the +consultative committee of the Board of Education in 1903, with +representatives of the universities, the Headmasters' Conference, the +Association of Head-Masters, the Association of Head-Mistresses, the +College of Preceptors, the Private Schools' Association, and with +representatives of professional bodies. The committee were of opinion +that a central board, consisting of representatives of the Board of +Education and the different examining bodies, should be established, to +co-ordinate and control the standards of the examinations, and to secure +interchangeability of certificates, &c., as soon as a sufficient number +of such bodies signified their willingness to be represented on the +board. They recommended that the examination should be conducted by +external and internal examiners, representing in each case the examining +body and the school staff respectively, and that reports on the school +work of candidates should be available for reference by the examiners +(circular of the Board of Education of 12th of July 1904). + +The "accrediting" system in the United States was started by the +university of Michigan in 1871. A school desiring to be accredited is +submitted to inspection without previous notice. If the inspection is +satisfactory, the school is accredited by a university for from one to +three years, and upon the favourable report of its principal any of its +students are admitted to the university by which it has been accredited +without any entrance examination. In practice it is found that many +students whom their teachers refuse to certify are able to pass the +university entrance examination. The statistics of nine years show that +the standard of the certified students is higher than that of +non-certified students. Two hundred and fifty schools are accredited by +the university of Michigan. In 1904 it was stated that the system was +gaining favour in the east,[3] and that it had been adopted more or less +by all the eastern colleges and universities with the exception of +Harvard, Yale, Princeton and Columbia. + +4. _Methods of Examination._--Examinations may test (i.) knowledge, or, +more exactly, the power of restating facts and arguments of a kind that +may be learnt by rote; (ii.) the power of doing something, e.g. of +making a _précis_ of a written document, of writing a letter or a report +on a particular subject with a particular object in view, of translating +from or into a foreign language, of solving a mathematical problem, of +criticizing a passage from a literary work, of writing an essay on an +historical or literary subject with the aid of books in a library, of +diagnosing the malady of a patient, of analysing a chemical mixture or +compound; and (the highest form under the rubric) of making an original +contribution to learning or science as the result of personal +investigation or experiment. Examinations are carried out at present by +means of (1) written papers; (2) oral examinations; (3) practical, +including in medicine clinical, tests; (4) theses; or a combination of +these. + + + Written. + +In written examinations the candidates are, as a rule, supplied with a +number of printed questions, of which they must answer all, or a certain +proportion, within a given time, varying, as a rule, from 1½ to 3 hours, +the latter being the duration most generally adopted for higher +examinations in England. Whereas in France and Germany the questions are +generally few in number and require long answers, showing constructive +skill and mastery of the mother-tongue on the part of the candidates, +such "essay-papers" are comparatively rare in England. In many subjects, +the written examinations test memory rather than capacity. It has been +suggested that sets of questions to be answered in writing should as a +rule be divided into two parts: (i.) a number of questions requiring +short answers and intended to test the range of the candidate's +knowledge; (ii.) questions requiring long answers, intended to test its +depth, and the candidate's powers of co-ordination and reflection. A +necessary condition for the application of the second kind of test is +that time should be given for reflection and for rewriting, say +one-third or one-quarter of the whole time allowed. A further +distinction is important, especially in such subjects as mathematics or +foreign languages, in which it is legitimate to ask what precise power +on the part of a candidate the passing of an examination shall signify. +Owing to a prevailing confusion between tests of memory and tests of +capacity, the allowance for chance fairly applied to the former is apt +to be unduly extended to the latter. In applying tests of memory, it may +be legitimate to allow a candidate to pass who answers correctly from 30 +to 50% of the questions; such an allowance if applied to a test of +capacity, such as the performance of a sum in addition, the solution of +triangles by means of trigonometrical tables, or the translation of an +easy passage from a foreign language, appears to be irrational. A +candidate who obtains only 50% of the marks in performing such +operations cannot be regarded as being able to perform them; and, if the +examination is to be treated as a test of his capacity to perform them, +he should be rejected unless he obtains full marks, less a certain +allowance (say 10, or at most 20%) in view of the more or less +artificial conditions inherent in all examinations. + + + Oral. + +The oral examination is better suited than the written to discover the +range of a candidate's knowledge; it also serves as a test of his powers +of expression in his mother-tongue, or in a foreign language, and may be +used (as in the examination for entrance to the Osborne Naval College) +to test the important qualities (hardly tested in any other examinations +at present), readiness of wit, common-sense and nerve. It may be +objected that candidates are heavily handicapped by nervousness in oral +examinations, but this objection does not afford sufficient ground for +rejecting the test, provided that it is supplemented by others. Oral +tests are used almost invariably in medical examinations; and there is a +growing tendency to make them compulsory in dealing with modern +languages. Oral examinations are much more used abroad than in England, +where the pupils during their school years receive but little exercise +in the art of consecutive speaking. + + +TABLE I.--PRUSSIA: ABITURIENTEN EXAMEN + + I. Name of Examination. + + _Abiturienten Examen_ (established in 1788). + + II. Minimum Age for Entry. + + Age only limited by condition of length of school course. The usual + age is 17-18. + + III. Length of Course of Study. + + 9 years. + + Candidates who have not attended the 9 years' school course may be + admitted to the examination on special application. + + IV. Subjects. + + In _Gymnasium_. + + Written. Oral. + German essay. Latin. + Mathematics. Greek. + Translation into Latin. English or French. + Translation from Greek into Religion. + German. History. + Mathematics. + + In _Real-Gymnasium_. + + Written. Oral. + German essay. Latin. + Mathematics. English. + Translation from Latin. French. + Translation from German into Physics or Chemistry. + or essay in English or Religion. + French. History. + Physics. Mathematics. + + In _Ober-Realschule_. + + Written. Oral. + German essay. English. + Mathematics. French. + An exercise in French and in Physics. + English (an essay in one Chemistry. + language and a translation Religion. + from the other into German). History. + Physics or Chemistry. Mathematics. + + V. Co-ordination with Teaching. + + The object of the examination is defined as being a test of whether + the candidate has fulfilled the aims laid down in the curricula, + &c., prescribed for a _Gymnasium_, _Real-gymnasium_, or + _Ober-realschule_, as the case may be, and the subjects of + examination are those prescribed in the curricula for the kind of + school concerned. + + The report on the school work of each candidate in his various + subjects is laid before the Examining Board before the beginning of + the examination. + + VI. Examiners. + + The Examining Board consists of a government inspector (_der + Königliche Kommissar_) acting as chairman, the headmaster of the + school, and the teachers of the highest classes in the school. The + inspector may nominate a deputy, who is as a rule, the headmaster of + the school. + + Each teacher concerned selects for the written examination three + alternative subjects in his branch, from which, after receiving a + report thereon from the headmaster, the inspector makes a final + choice. + + The papers are marked by the teachers concerned and circulated the + the whole Board of Examiners, who then decide whether individual + candidates shall be (i.) rejected, (ii.) admitted with (ii.) + admitted with oral examination, or (iii.) submitted to the oral + examination. + + VII. Nature of Examination and General Remarks. + + The written examination extends over four or five days. Only one + paper is given each day, for which 3 to 5½ hours are allowed (5½ + hours for the German essay). For essays in foreign languages + dictionaries may be used. + + +TABLE II.--FRANCE: BACCALAURÉAT + + I. Name of Examination. + + _Baccalauréat de l'enseignement secondaire._ + + This examination has been carried on under different forms since + 1808. The regulations summarized here date from 1902, when the + _baccalauréat_ described replaced the _baccalauréat-ès-lettres, + baccalauréat-ès-sciences_, and _baccalauréat de l'enseignement + moderne._ + + II. Minimum Age for Entry. + + Part I., 16, or, with special permission, 15. + + Part II. may not be taken within an academic year after passing Part + I. + + III. Length of Course of Study. + + There is no requirement of attendance. Part I. of the examination + corresponds exactly to the subjects taken in the "second cycle" of + secondary education, and Part II. to the _classe de philosophie_ and + _classe de mathématiques._ + + See also under V. + + IV. Subjects. + + Part I. is divided into four Branches, viz.:-- + + (1) Latin-Greek. + (2) Latin-modern languages. + (3) Latin-science. + (4) Science-modern languages. + + In each Branch the examination is divided into two parts, viz., + written and oral. The nature of the examination may be indicated by + the following requirements in Branch (1):-- + + Written + (i.) French composition. + (ii.) Translation from Latin. + (iii.) Translation from Greek. + + Oral + (i.) Explanation of a Greek text. + (ii.) Explanation of a Latin text. + (iii.) Explanation of a French text. + (iv.) Text in a modern foreign language. + (v.) Interrogation on ancient history. + (vi.) Interrogation on modern history. + (vii.) Interrogation on geography. + (viii.) Interrogation on mathematics. + (ix.) Interrogation on physics. + + Part II. is divided into two Branches, viz.:-- + + (1) Philosophy. + (2) Mathematics. + + The nature of the examination may be indicated by the following + requirements in Branch (I):-- + + Written + (i.) An essay in French on a philosophical subject. + (ii.) An examination in physical and natural science. + + Oral + (i.) Interrogation on philosophy and philosophical writers. + (ii.) Interrogation on contemporary history. + (iii.) Interrogation on physical science. + (iv.) Interrogation on natural science. + + V. Co-ordination with Teaching. + + The syllabus of the examination is that prescribed for the higher + classes in the Government secondary schools. + + The candidate may submit his _livret scolaire_, or school record, + which will be taken into account. + + VI. Examiners. + + The Board of Examiners (or "jury") consists of (i.) University + examiners being members of a faculty of letters or faculty of + sciences; (ii.) secondary teachers, active or retired, selected by + the minister of public instruction. The Board consists of from four + to six examiners, of whom, when the number is even, half are chosen + from either category. + + VII. Nature of Examination and General Remarks. + + The written portion of Part I. extends over from 9 to 10 hours in + all (not on a single day), in periods of 3 or 4 hours each; the + written portion of Part II. extends over from 6 to 9 hours. The oral + examination for each part lasts ¾ hour on the average, and is + public. + + +TABLE III.--SCOTLAND: SCHOOL-LEAVING EXAMINATION + + I. Name of Examination. + + Scottish school-leaving examination (established 1888). (See + pamphlet on the "Leaving Certificate Examination" issued by the + Scottish Education Department, 1908.) + + II. Minimum Age for Entry. + + 17 on 1st of January following the year in which the candidate + passes the last of the written examinations. + + III. Length of Course of Study. + + 4 years. + + IV. Subjects. + + Candidates must pass in four subjects on the higher grade standard, + or in three subjects on the higher grade standard and two on the + lower. A pass in drawing is accepted in lieu of one of the two lower + grade passes. A pass in Gaelic is reckoned as a pass on lower grade. + All candidates must have passed in higher English and in either + higher or lower grade mathematics. The remaining subjects may be + either science with one or more languages (Latin Greek, French, + German, Spanish, or Italian), or languages only. But where two or + more languages other than English are taken, the candidate's group + must include either higher or lower grade Latin. A pass in Spanish, + Italian, or science (in which subjects there is only one + examination) is reckoned as a pass on the higher grade standard. + + V. Co-ordination with Teaching. + + Schools are inspected, and the course of instruction must be + approved by the Scottish Education Department, but the examinations + are conducted by external examiners with whom teachers are not + associated. + + VI. Examiners. + + The examiners are appointed by the Scottish Education Department. + + VII. Nature of Examination and General Remarks. + + The examination consists of a written examination and an oral + examination, on which stress is laid. The length of the examination + varies with the subjects selected. The periods of examination vary + from 1 to 2½ hours. If the candidate selects on the higher grade, + English, Latin, mathematics, and French, the examination extends + over 19½ hours. + + +TABLE IV.--UNIVERSITY OF LONDON SCHOOL EXAMINATION, MATRICULATION STANDARD + + I. Name of Examination. + + School examination, matriculation standard (established in 1902). + + _Note_--A higher school-leaving certificate is awarded to pupils who + (i.) have pursued an approved course of study for a period of years + at a school or schools under inspection approved by the University; + and (ii.) being matriculated students, have passed the "higher + school examination" in at least three subjects at one and the same + examination. + + II. Minimum Age For Entry. + + The minimum age of entry is 15, but if the candidate is under 16 he + must remain at school until he is 16 years of age in order to be + qualified for the school-leaving certificate, and cannot be + registered as a student of the University until he has reached that + age. + + III. Length of Course of Study. + + The curriculum of each school is considered on its own merits. + + IV. Subjects. + + Pupils must satisfy the examiners in not less than five subjects, as + follows:-- + + (1) English. + + (2) Elementary mathematics. + + (3) Latin, or elementary mechanics, or elementary physics--heat, + light and sound, or elementary chemistry, or elementary botany, or + general elementary science. + + (4) and (5) Two of the following subjects, neither of which has + already been taken under section (3). If Latin be not taken, one of + the other subjects selected must be another language, either ancient + or modern, from the list, and languages other than those included in + the list may be taken if approved by the University, provided that + the language is included in the regular curriculum:--Latin, Greek, + French, German, ancient history, modern history, history and + geography, physical and general geography, logic, geometrical and + mechanical drawing, mathematics (more advanced), elementary + mechanics, elementary chemistry, elementary physics--heat, light and + sound, elementary physics--electricity and magnetism, elementary + biology--botany, elementary biology--zoology, general elementary + science (chemistry and physics). + + V. Co-ordination with Teaching. + + Schools under approved inspection, and course of instruction + approved by the University. + + The papers are ordinarily set on the matriculation syllabus, but + papers may be specially set more closely in accordance with the + school curriculum provided that the syllabus proposed is approved by + the University as at least equivalent to that for which it is + substituted. + + VI. Examiners. + + The examiners are ordinarily those appointed by the University for + the ordinary matriculation examination. + + VII. Nature of Examination and General Remarks. + + The examination extends over at least 18 hours, and includes an oral + examination in modern languages. + + + Practical. + +The laboratory examination may be used in subjects like physics, +chemistry, geology, zoology, botany, anatomy, physiology, to test powers +of manipulation and knowledge of experimental methods. In some cases +(e.g. in certain honours examinations) the examination may be prolonged +over one or more days, and may test higher powers of investigation. But +such powers can only be fully tested by the performance of original +work, under conditions difficult to fulfil in the examination room or +laboratory. At the French examinations for the _prix de Rome_ the +candidates are required to execute a painting in a given number of days, +under strict supervision (_en loge_). + +In medicine the clinical examination of a patient is a test carried out +under conditions more nearly approaching those of actual work than any +other; and distinction in medical examinations is probably more often +followed by distinction in after life than is the case in other +examinations. + + + Thesis. + +For the doctor's degree (where this is not an honorary distinction) a +thesis or dissertation is generally, though not invariably, required in +England. Of recent years the thesis has been introduced into lower +examinations; it is required for the master's degree at London in the +case of internal students, in subjects other than mathematics (1910); +both at Oxford and London, the B.Sc. degree, and at Cambridge the B.A. +degree, may be given for research, although the number of students +proceeding to a degree in this way is at present relatively small. In +certain of the honours B.A. and B.Sc. examinations at Manchester and +Liverpool, candidates may take the written portion of the examination at +the end of the second year's course of study and submit a dissertation +at the end of the third year. Theses are generally examined by two or +more specialists. + +5. _Competitive Examinations._--The arrangement of students in order of +merit led naturally to the use of examinations not only as a qualifying +but also as a selective test, and to the offering of money prizes +(including exhibitions, scholarships and fellowships) on the results. In +1854 selection by examination as a method of appointment to posts in the +English public service was first substituted for the patronage system, +which had caused grave dissatisfaction (see Macaulay's speech on the +subject, _The Times_ of the 25th of June 1853). The first public +competitive examination for the Royal Military Academy, Woolwich, took +place in 1855, and in 1870 the principle of open competition for the +civil service was adopted as a general rule. (For further details see +CIVIL SERVICE.) + +In the Württemberg civil service candidates are admitted to a year's +probation after passing a theoretical examination, at the conclusion of +which they must pass an examination of a more practical character (A. +Herbert, _Sacrifice of Education_ ..., 1889, p. 111). + +In the award of scholarships, &c., it should be definitely decided +whether the scholarship is to be awarded (1) for attainment, in which +case the examination-test pure and simple may suffice, or (2) for +promise, in which case personal information and a _curriculum vitae_ are +necessary. To take a simple instance: a candidate partly educated in +Germany may obtain more marks in German at a scholarship examination +than another who is more gifted, but whose opportunities have been less; +the question at once arises, are the examiners to take the circumstances +of the candidate into account or not? It is understood that at the +colleges of the older universities such circumstances are considered. It +must again be decided whether the financial circumstances of candidates +are to be taken into account; are scholarships intended as prizes, or as +a means of enabling poor students to obtain a university education? In +some cases wealthy students have been known to return the emoluments of +scholarships. In many universities of the United States there is a +definite understanding that emoluments shall only be accepted by those +needing them. It would not be difficult to ask candidates to make a +confidential declaration on this subject on entrance and to establish in +Great Britain a tradition similar to that of the United States, and +steps in this direction have been taken both at Oxford and Cambridge +(Lord Curzon of Kedleston, _University Reform_, p. 86). + +A special allowance may be made for age. In certain scholarship +examinations held formerly by the London County Council a percentage was +added to the marks of each candidate proportionate to the number of +months by which his age fell short of the maximum age for entry. The +whole subject of entrance scholarships at English schools and +universities, and especially their tendency to produce premature +specialization, has recently been much discussed. + +6. _The Organization and Conduct of Examinations._--The organization and +conduct of examinations, in such a way that each candidate shall be +treated in precisely the same way as every other candidate, is a complex +matter, especially where several thousand candidates are concerned. The +greatest precautions must be taken to ensure the secrecy of the +examination papers before the examination, and the effective isolation +of individual candidates during the examination. The supervision should +be adequate to remove all temptation to copying. The hygienic conditions +should be such as to reduce the strain to a minimum. The question of the +mental fatigue produced by examinations has been studied by certain +German observers, but has not yet been fully investigated. + +7. _Marking, Classification and Errors of Detail._--In applying a single +test in a qualifying examination it would be sufficient to mark +candidates as passing or failing. But examinations consist as a rule of +a number of tests, each one of which is complex; and a mark is recorded +in respect of each test or portion of a test in order to enable the +examining body to estimate the performance, considered as a whole, of +the candidate. At Oxford the marks are not numerical, but the papers are +judged as of this or that supposed "class," and various degrees of merit +are indicated by the symbols [alpha], [beta], [gamma], [delta], to which +the signs + or -may be prefixed, according as they are above or below a +certain standard within each class. At Cambridge, numerical marks are +used. The advantage of numerical marks is that they are more easily +manipulated than symbols; the disadvantage, that they produce the false +impression that merit can be estimated with mathematical accuracy. +Professor F.Y. Edgeworth, in two papers on "The Statistics of +Examinations" and the "Element of Chance in Competitive Examinations" +(_Journal of the Royal Statistical Society_, 1888 and 1890), has dealt +with the subject, although on somewhat limited lines. His +investigations show clearly that with candidates near the border-line of +failure, which must necessarily be fixed at a given point (subject to +certain allowances, where more than one subject is considered), the +element of chance necessarily enters largely into the question of pass +and failure. The fact may be stated in this way:--the general efficiency +of the test being granted, it is true to say that the large majority of +those who pass an examination will be superior in efficiency to those +who fail; but a few of those who fail may be superior to a few of those +who pass. These errors are not peculiar to the examination system, they +are inherent in all human judgments. It is necessary to allow for them +in considering the failure of an individual candidate as an index of +inefficiency. + +The element of chance, which prevails in the region on either side of +the border between pass and failure, obviously prevails equally on +either side of the border between "classes," where candidates are +classified; it has been suggested by Dr Schuster that numerical order +should accompany classification so as to avoid the creation of an +artificial gap between the last candidate in one class and the highest +in the next. Edgeworth's objection to such an argument is that the +number of uncertainties is far less when candidates are classed than +when they are placed in ostensible order of merit. + +The difficulties of comparison of marks are further complicated when +students take different subjects and it is necessary to compare their +merit by means of marks allotted by different examiners and added +together. In a pass examination the question has to be considered how +far, if at all, excellence in one subject shall compensate for +deficiency in another, a question which is indeterminate until the +precise object of the whole examination is formulated. In the +competitive examination for the Indian civil service, places are +allotted on the aggregate of marks obtained in a number of subjects +selected by the candidate from a list of thirty-two. The successful +candidates are compared a year later on the results of another +examination in which there is again a choice, though a much more limited +one. The order of merit in the two examinations is, as a rule, very +different. + +Two further points may be noted. An examiner may have underestimated the +time required to answer the questions which he has set; this will be +obvious if with a large number of candidates (say 300 or 400) none +approaches the maximum mark. In this case the maximum should be reduced. +Again, it is generally recognized to be undesirable to give marks for a +smattering. In order to avoid this various devices are adopted. The +simplest is to award a proportion of marks (say 10 to 15, or even 20%) +for "general impression." In some examinations, unless say 20% or more +marks are obtained for a particular subject, no credit is given for the +paper in that subject. Latham (_The Action of Examinations_, 1877, p. +490) describes other numerical adjustments used to meet this difficulty, +especially that used in English civil service examinations. The +numerical results of the civil service examinations are reduced so as to +conform to a certain symmetrical "frequency-curve," of which the +abscissae represent percentages of marks between definite limits and the +ordinates the number of candidates obtaining marks between those limits. +C.E. Fawsitt (_The Education of the Examiner_, Royal Philosophical +Society of Glasgow, 1905) shows that frequency-curves deduced from +actual investigation of class-marks are not symmetrical, but have two +maxima corresponding to the performance of "non-workers" and of +"workers." In pass examinations of a well-known character there is a +maximum just beyond the pass mark, this being the point of efficiency at +which many students aim. + +8. _The Object and Efficiency of Examinations, and their Indirect +Effects._--In order to estimate the efficiency of an examination as a +test, the precise question should be asked in each case--what is it +intended to test? Much of the evil attributed to, and resulting from, +examinations is due to the fact that this question has not been +definitely put, and that a test legitimate for certain purposes has been +used for others to which it is unsuited. Examinations are suited in the +first instance for the purpose for which they were originally designed +in medieval universities--the test of technical and professional +capacity; it has never been proposed to abolish qualifying examinations +for doctors, pharmaceutical chemists, &c.; the tests applied are (or +should be) direct tests of capacity carried out under conditions as +nearly as possible like those of actual practice. If a student can +auscultate correctly, or make up a prescription, at an examination, he +will in all probability be able to do so in other circumstances. + +Examinations as tests of the knowledge of isolated facts are necessarily +of relatively small value, because the memory of such facts is +transient; and memorization of a large number of facts for examination +purposes is generally admitted to be specially transient; the +"knowledge-test," considered apart from a test of capacity, is in fact +not a test of permanent knowledge, but of the power of retaining facts +for a length of time which it is impossible to estimate and which with +some candidates extends over a few weeks only. When used as tests of +"general culture," examinations, in the view of Paulsen, based on a +study of German education, not only fail in their purpose, but tend to +destroy the faculties which it is desired to develop (_Geschichte des +gelehrten Unterrichts_, ii. 684 et seq.); to prepare ready answers to +the numberless questions which an examiner may ask on a large variety of +subjects is to paralyse the natural and free activity of the mind (cf. +A.C. Benson on the results of English secondary classical education, +_From a College Window_, 3rd ed., 1906, pp. 154-177). If pushed to its +logical conclusion the view of Paulsen must, it is submitted, lead to +the complete abandonment at examinations of tests of "knowledge" as +distinguished from direct tests of capacity. Thus isolated questions on +details of grammar would disappear from papers on the mother-tongue and +on foreign languages, in which the test would consist mainly or entirely +of composition and translation. Erudition would be tested by the power +of writing, at leisure, a dissertation on some subject selected by the +examiners or the candidate or, in the case of a teacher, by the delivery +of a lecture on the subject. At the French _agrégation_ candidates are +given twenty-four hours for the preparation of a lecture of this kind. +Such examinations would test the "skill in the manipulation of facts +which is the true sign of a trained intelligence" (cf. K. Pearson, "The +Function of Science in the Modern State," _Ency. Brit._ 10th ed. xxxii. +Prefatory essay). They might possibly be supplemented by easy oral +examinations to test both range of knowledge and readiness of mind. But +in the case of a pupil who had passed through a good secondary school it +would be as safe to rely for supplementary information under this head +on the testimony of his teachers, as it is to rely on their evidence +with regard to the fundamental and all-important element on which no +examination supplies direct information--personal character. + +The main arguments of those opposed to the examination system may be +summarized as follows: (i.) Examinations tend to destroy natural +interests and exclude from the attention of the pupil all matters +outside the purview of the examination (they would not do so if +examinations were so limited in character that preparation therefor +could absorb only a fraction of the pupil's time); (ii.) they tend to +cultivate a personal judgment where no personal basis of judgment is +possible (this argument, directed mainly against the Oxford essay +system, applies not to examinations in general, but to the character of +the subjects set for essays); (iii.) competitive examinations on the +home and Indian civil services scheme tend to diffuse mental energy over +too many subjects (but see (xviii.) below); (iv.) examinations, +especially competitive examinations, tend to become more and more +difficult, difficulty being confused with efficiency--this has shown +itself with the Cambridge mathematical tripos, in which for years +questions of increasing difficulty were set on relatively unimportant +subjects, until the examination was reformed (reply: all examinations +should be overhauled periodically); (v.) they tend to paralyse the +powers of exposition, all statements of knowledge being thrown into a +form suitable, not for an uninstructed person, but for one who already +possesses it, the examiner (this tendency should be counteracted by +definite training in composition); (vi.) the sample of knowledge and +capacity yielded at an examination is frequently not a fair sample; it +is liable to extreme variations in a favourable sense, if the candidate +happens to have prepared the precise questions asked; in an unfavourable +sense, if the candidate is suffering from misfortune or from accidental +ill-health, the latter, owing to the periodic function, occurring much +more frequently in the case of women than of men--[the reform of +examination methods may remove to a great extent the element of chance +in questions set; in a competitive examination it is impossible to allow +for ill-health; in a qualifying examination it is difficult to make any +allowance unless the examination is definitely conducted in whole or in +part by the teachers, and the past record of the candidate is taken into +account (cf. Paulsen, _The German Universities_, pp. 344-345)]; (vii.) +examinations of several hundred candidates at a time cannot be +rationally conducted so as to be equally fair to the individuality of +all candidates; the individual test is the only complete one (it is +admitted that examinations on a large scale necessarily involve a margin +of error; but this error may be reduced to a minimum, especially by a +combination of oral and practical with written work); (viii.) the +multiplicity of school examinations required for different reasons +produces confusion in our secondary education (there is a growing +tendency to admit equivalence of "school-leaving" and entrance +examinations; thus entrance examinations of Oxford, Cambridge and +London, and the Northern Universities Joint Board are interchangeable +under certain conditions); (ix.) the multiplicity of examinations tends +to "underselling" (the success of the London examinations in medicine +proves that a high standard attracts candidates as well as a low one; +possibly intermediate standards may be killed in the competition; it is +by no means obvious that a uniform system of examinations would conduce +to efficiency); (x.) examinations produce physical damage to health, +especially in the case of women-students (on this point more statistical +evidence is needed; see, however, Engelmann quoted by G. Stanley Hall, +_Adolescence_, 1905, ii. 588 et seq.); (xi.) examinations have in +England mechanically cast the education of women into the same mould as +that of men, without reference to the different social functions of the +two sexes (the remedy is obvious); (xii.) it is unjustifiable to give a +man a university position on the results of his performance in the +examination room, a practice common in England though almost unknown on +the continent; a just estimate of a man's powers in research or for +teaching can only be properly based on his performance. The present +system merely leads to the transmission of the sterile art of passing +examinations. (At Oxford and Cambridge many fellowships are now awarded +on the results of examination; it is sometimes stated, in defence of +this system, that young men cannot be expected to carry out research in +classics or philosophy.) + +On the other hand, the defenders of examinations reply that (xiii.) +examinations are necessary in order to test the efficiency of schools to +which grants of public money are given (this argument has become +somewhat out of date owing to the recent substitution of "inspection" +for examination as a test of the efficiency of schools; a combination of +inspection and examination is also sometimes used); (xiv.) they serve as +a necessary incentive to steady and concentrated work[4] (the reply made +to this is that the incentive is a bad one, and that with efficient +teachers it is unnecessary); (xv.) they show both student and teacher +where they have failed (unnecessary for efficient teachers); (xvi.) +though possibly harmful to the highest class of men, they are good for +the mass (reply: no system which damages the highest class of men is +tolerable); (xvii.) they are indispensable as an impartial means of +selecting men for the civil service; (xviii.) in a difficult examination +like the first class civil service examination the qualities of +quickness of comprehension, industry, concentration, power of rapidly +passing from one subject to another, good health, are necessary for +success, though not tested directly, and these qualities are valuable in +any kind of work (this appears to be incontrovertible); (xix.) +examination records show that success in examinations is generally +followed by success in after-life, and the test is therefore efficient +(it does not follow that certain rejected candidates may not be +extremely efficient); (xx.) as a plea for purely "external +examinations," teachers cannot be trusted to be impartial and it is +better for a boy to "cram" than to curry favour with his teacher +(Latham). + +The brief comments in brackets, appended above to the arguments, merely +indicate what has been said or can be said on the other side. It can +scarcely be doubted that in spite of the powerful objections that have +been advanced against examinations, they are, in the view of the +majority of English people, an indispensable element in the social +organization of a highly specialized democratic state, which prefers to +trust nearly all decisions to committees rather than to individuals. But +in view of the extreme importance of the matter, and especially of the +evidence that, for some cause or other (which may or may not be the +examination system), intellectual interest and initiative seem to +diminish in many cases very markedly during school and college life in +England, the whole subject seems to call for a searching and impartial +inquiry. + + SOURCES OF INFORMATION.--The works mentioned above, and T.D. Acland, + _Some Account of the Origin and Objects of the New Oxford Examinations + for the Title of Associate in Arts_ (London, 1858); Matthew Arnold, + _Higher Schools and Universities in Germany_ (1874); Graham Balfour, + _The Educational Systems of Great Britain and Ireland_ (2nd ed., + Oxford, 1903); W.W. Rouse Ball, _Origin and History of the + Mathematical Tripos_ (Cambridge, 1880); Adolf Beier, _Die höheren + Schulen in Preussen und ihre Lehrer_ (1902-1906) (in progress); + Cloudesley Brereton, "A New Method of awarding Scholarships," _School + World_, 1907, p. 409; G.C. Brodrick, _A History of the University of + Oxford_ (London, 1886); F. Buisson, _Dictionnaire de pédagogie_ + (1880-1887); Lord Curzon of Kedleston, _Principles and Methods of + University Reform_ (1909); J. Demogeot and H. Montucci, _De + l'enseignement supérieur en Angleterre et en Écosse_ (1870); H. + Denifle, _Die Universitäten des Mittelalters bis 1400_ (Berlin, 1885); + F.Y. Edgeworth, "The Statistics of Examinations," and "The Element of + Chance in Competitive Examinations," _Journal of the Statistical + Society_, 1888 and 1890 respectively; H.W. Eve, Lecture "On Marking," + in _The Practice of Education_ (Cambridge, 1883); Charles E. Fawsitt, + _The Education of the Examiner_ (Royal Philosophical Society of + Glasgow) (Glasgow, 1905); J.G. Fitch, "The Proposed Admission of Girls + to the University Local Examination," _Education Miscellanies_ (1865), + vol. x.; W. Garnett, "The Representation of certain Examination + Results," _Journ. Statist. Soc._ (Jan. 1910); G. Stanley Hall, + _Adolescence_ (London, 1905); Sir W. Hamilton, _Discussions on + Philosophy_ (London, 1853); P.J. Hartog, "Universities, Schools and + Examinations" in the _University Review_ (July 1905); P.J. Hartog and + Mrs A.H. Langdon, _The Writing of English_ (1907); Auberon Herbert + (edited by), _The Sacrifice of Education to Examination_, Letters from + "All Sorts and Conditions of Men" (1889); _Influence of Examinations_, + Report by a Committee, British Association Reports for 1903, p. 434. + and for 1904, p. 360; John Jebb, _Remarks upon the Present Mode of + Education in the University of Cambridge_ (4th ed., 1774); Henry + Latham, _On the Action of Examinations_ (Cambridge, 1877); H.C. + Maxwell Lyte, _A History of the University of Oxford to the Year 1530_ + (London, 1886); W.A.P. Martin, _The Lore of Cathay_ (Edinburgh and + London, 1901); J.B. Mullinger, _The University of Cambridge_ + (Cambridge, 1873); _How to pass Examinations successfully_, by an + Oxford Coach; Mark Pattison, _Suggestions on Academical Organization_ + (Edinburgh, 1868); Friedrich Paulsen, _The German Universities and + University Study_ (London, 1906) and _Geschichte des gelehrten + Unterrichts_ (Leipzig, 1896); George Peacock, _Observations on the + Statutes of the University of Cambridge_ (1841); _Programme des + examens du nouveau baccalauréat de l'enseignement secondaire_, + Delalain frères, Paris; Hastings Rashdall, _The Universities of Europe + in the Middle Ages_ (Oxford, 1895); Rein's _Encyklopädisches Handbuch + der Pädagogik_ (2nd ed., 1902, &c.), articles "Prüfungen" (by F. + Paulsen), &c.; Third Report of the Royal Commissioners on Scientific + Instructions, 1873; J.E. Thorold Rogers, _Education in Oxford_ (1861); + M.E. Sadler, "Memorandum on the Leaving Examinations ... in the + Secondary Schools of Prussia," in Report of Royal Commission on + Secondary Education, vol. v. p. 27 (1895); C.A. Schmid, _Geschichte + der Erziehung_ (Stuttgart, 1884, &c.), and _Encyklopädie des gesammten + Erziehungs- und Unterrichtswesens_ (2nd ed., 1876-87), articles + "Prüfung," "Schulprüfungen," "Versetzungsprüfungen," &c.; + Scholarships, various papers on, by H.B. Baker, A.A. David, H.A. + Miers, M.E. Sadler and H. Bompas Smith, and others, British + Association Report, 1907, pp. 707-718; Arthur Schuster, article on + "Universities and Examinations" in the University Review (May 1905); + W.H. Sharp, _The Educational System of Japan_ (Office of the + Director-General of Education in India) (Bombay, 1906); Special + Educational Reports, issued by the Board of Education, _passim_; + A.M.M. Stedman, _Oxford: its Life and Schools_ (London, 1887); I. + Todhunter, _Conflict of Studies_ (1873); William Whewell, _Of a + Liberal Education_ (London, 1845); Christopher Wordsworth, _Scholae + academicae_ (Cambridge, 1877); Étienne Zi (or Siu or Seu), _Pratique + des examens littéraires en Chine_ (Shanghai, 1894). Private + information from Professor M.E. Sadler and Mr A.E. Twentyman. + (P. J. H.; A. Wn.) + + +FOOTNOTES: + + [1] W.W. Rouse Ball in his _History of the Study of Mathematics at + Cambridge_ (1889), p. 193, states that he can find no record of any + European examinations by means of written papers earlier than those + introduced by R. Bentley at Trinity College, Cambridge, in 1702. + + [2] It should be mentioned that the professors of chemistry of a + number of German, Austrian and Swiss universities, have, by + agreement, instituted an intermediate examination in that subject + which students are required to pass before beginning work on the + doctoral thesis. The examination of the students is conducted by the + teachers concerned. + + [3] See E.E. Brown in _Monographs on Education in the United States_ + (ed. by N.M. Butler, 1900, i. 164), and T. Gregory Foster and H.R. + Reichel, _Report of Mosely Educational Commission_ (1904), pp. + 117-119 and 288-289. + + [4] The Oxford commissioners of 1852 reported that "the examinations + have become the chief instruments not only for testing the + proficiency of the students but also for stimulating and directing + the studies of the place" (_Report_, p. 61). + + + + +EXARCH ([Greek: exarchos], a chief person or leader), a title that has +been conferred at different periods on certain chief officers or +governors, both in secular and ecclesiastical matters. Of these, the +most important were the exarchs of Ravenna (q.v.). In the ecclesiastical +organization the exarch of a _diocese_ (the word being here used of the +political division) was in the 4th and 5th centuries the same as +primate. This dignity was intermediate between the patriarchal and the +metropolitan, the name patriarch being restricted after A.D. 451 to the +chief bishops of the most important cities (see PATRIARCH). The title of +Exarch was also formerly given in the Eastern Church to a general or +superior over several monasteries, and to certain ecclesiastics deputed +by the patriarch of Constantinople to collect the tribute payable by the +Church to the Turkish government. In the modern Greek Church an exarch +is a deputy, or legate _a latere_, of the patriarch, whose office it is +to visit the clergy and churches in the provinces allotted to him. The +title of exarch has been borne by the head of the Bulgarian Church (see +BULGARIA), since in 1872 it repudiated the jurisdiction of the Greek +patriarch of Constantinople. Hence the names of the politico-religious +parties in the recent history of the Near East: "Exarchists" and +"Patriarchists." + + + + +EXCAMBION (a word connected with a large class of Low Latin and Romance +forms, such as _cambium_, _concambium_, _scambium_, from Lat. _cambire_, +Gr. [Greek: kambein] or [Greek: kamptein], to bend, turn or fold), in +Scots law, the exchange (q.v.) of one heritable subject for another. The +modern Scottish excambion may consist in the exchange of any heritable +subjects whatever, e.g. a patronage or, what often occurs, a portion of +a glebe for servitude. Writing is not, by the law of Scotland, essential +to an excambion. Chiefly in favour of the class of cottars and small +feuars, and for convenience in straightening marches, the law will +consider the most informal memoranda, and even a verbal agreement, if +supported by the subsequent possession. The power to excamb was +gradually conferred on entailed proprietors. The Montgomery Act, which +was passed in 1770, to facilitate agricultural improvements, permitted +50 acres arable and 100 acres not fit for the plough to be excambed. +This was enlarged by the Rosebery Act in 1836, under which one-fourth of +an entailed estate, not including the mansion-house, home farm and +policies, might be excambed, provided the heirs took no higher grassum +(O.E. _gersum_, fine) than £200. The power was applied to the whole +estate by the Rutherford Act of 1848, and the necessary consents of +substitute heirs are now regulated by the Entail (Scotland) Act 1882. + + + + +EXCELLENCY (Lat. _excellentia_, excellence), a title or predicate of +honour. The earliest records of its use are associated with the Frank +and Lombard kings; e.g. Anastasius Bibliothecarius (d. c. 886) in his +life of Pope Honorius refers to Charlemagne as "his excellency" (_ejus +excellentia_); and during the middle ages it was freely applied to or +assumed by emperors, kings and sovereign princes generally, though +rather as a rhetorical flourish than as a part of their formal style. +Its use is well illustrated in the various charters in the Red Book of +the exchequer, where the addresses to the king vary between "your +excellency," "your dignity" (_vestra dignitas_), "your sublimity" +(_vestra sublimitas_) and the like, according to the taste and +inventiveness of the writers. Du Cange also gives examples of the style +_excellentia_ being applied to the pope and even to a bishop (in a +charter of 1182). With the gradual stereotyping of titles of honour that +of "excellency" was definitively superseded in the case of sovereigns of +the highest rank, about the beginning of the 15th century, by those of +"highness" and "grace," and later by "majesty," first assumed in England +by King Henry VIII. Dukes and counts of the Empire and the Italian +reigning princes continued, however, to be "excellencies" for a while +longer. In 1593 the bestowal of the title of _excellence_ by Henry IV. +of France on the duc de Nevers, his ambassador at Rome, set a precedent +that was universally followed from the time of the treaty of Westphalia +(1648). This, together with the reservation in 1640 of the title +"eminence" (q.v.) to the cardinals, led the Italian princes to adopt the +style of "highness" (_altezza_) instead of "excellency." In France, from +1654 onwards, the title of _excellence_ was given to all high civil and +military officials, and this example was followed in Germany in the 18th +century. + +The subsequent fate of the title varies very greatly in different +countries. In Great Britain it is borne by the viceroy of India, the +lord-lieutenant of Ireland, all governors of colonies and ambassadors. In +the United States it is part of the official style of the governors of +states, but not of that of the president; though diplomatic usage varies +in this respect, some states (e.g. France) conceding to him the style of +"excellency," others (e.g. Belgium) refusing it. The custom of other +republics differs: in France the president is addressed as _excellence_ +by courtesy; in Switzerland the title is omitted; in the South American +republics it is part of the official style (Pradier-Fodéré, _Cours de +droit diplom._ i. 89). In Spain the title of _excelencia_ properly +belonged to the grandees and to those who had the right to be covered in +the royal presence, but it was extended also to high officials, viceroys, +ministers, captains-general, lieutenants-general, ambassadors and knights +of the Golden Fleece. In Austria the title _Exzellenz_ belongs properly +to privy councillors. It has, however, gradually been extended by custom +to all the higher military commands from lieutenant-field-marshal +upwards. Ministers, even when not privy councillors, are styled +_Exzellenz_. In Germany the title is borne by the imperial chancellor, +the principal secretaries of state, ministers and _Oberpräsidenten_ in +Prussia, by generals from the rank of lieutenant-general upwards, by the +chief court officials, and it is also sometimes bestowed as a title of +honour in cases where it is not attached to the office held by its +recipient. In Russia the title is very common, being borne by all +officers from major-general upwards and by all officials above the rank +of acting privy councillor. Officers and officials of the highest rank +have the title of "high excellency." Finally, in Italy, the title +_eccelenza_, which had come to be used in the republics of Venice and +Genoa as the usual form of address to nobles, has become as meaningless +as the English title of "esquire" or the address of "sir," being, +especially in the south, the usual form of address to any stranger. + +In the diplomatic service the title of excellency is technically +reserved to ambassadors, but in addressing envoys also this form is +commonly used by courtesy. (W. A. P.) + + + + +EXCHANGE, in general, the action of mutual giving and receiving objects, +interests, benefits, rights, &c. The word comes through the French from +the Late Lat. _excambium_ (see EXCAMBION). The present article deals +with the theory and practice of exchange in monetary transactions, but +this may conveniently be prefaced by a brief statement as to the law +relating to the exchange of property and other matters. In English law +exchange is defined as the mutual grant of equal interests, the one in +consideration of the other. The ancient common law conveyance had +certain restrictions, e.g. identity in quantity of interest, fee-simple +for fee-simple, &c., entry to perfect the conveyance, and an implied +warranty of title and right of entry by either party in case of +eviction. Such exchanges are now effected by mutual conveyances with the +usual covenants for title. Exchanges are also frequently made by order +of the Board of Agriculture under the Inclosure Acts, and there are also +statutes enabling ecclesiastical corporations to exchange benefices with +the approval of the ecclesiastical commissioners. The international +exchange of territories is effected by treaties. The exchange of +prisoners of war is regulated by documents called "cartels" (Med. Lat. +_cartellus_, diminutive of _carta_, paper, bill), which specify a +certain agreed-on value for each rank of prisoners. The practice +superseded the older one of ransom at the end of a war. By the +Regimental Exchanges Act 1875 the sovereign may by regulation authorize +exchanges by officers from one regiment to another. (For "labour +exchanges" see UNEMPLOYMENT.) + +Exchange in relation to money affairs denotes a species of barter not of +goods but of the value of goods, a payment in one place being exchanged +for a payment in another place. The popular statement of the theory of +exchange represents four principals involved in two transactions. A and +B are two persons residing in one place different from the domicile of C +and D; A sells goods to C; B buys goods from D; A sells his claim on C +to B, who remits it to D in satisfaction of his debt, and D receives the +cash from C, so that, assuming the two transactions to be of equal +value, one piece of paper satisfies the four parties to these two +transactions, and the trouble, expense and risk of sending money from +both places are avoided. The piece of paper which performs the service +may be a telegraphic order, cheque or bill of exchange. In this +elementary proposition there would be no difficulty of exchange, as the +full value of A's claim on C would be paid for by B, who is under the +necessity of sending in exactly similar amount of money to D; but it can +be seen that in actual practice the claims of one place on another place +would not be exactly balanced by the necessities of the one place to +meet obligations in the other place; thus arises the complication of +exchange, which may best be described as the price of monetary claims on +distant debtors. + +Supposing, for example, that A in London had a claim on C in Edinburgh +amounting to £100, and that B in London did not require to remit more +than £90 to D in Edinburgh, it is evident that B in London must be +offered some inducement to take over the whole of A's claim. B might +give A £99:19:0, and could then, after satisfying his debt to D, have +£10 to his credit in Edinburgh, which he could retain there at interest +until he had incurred further liability to D, or he could have the +balance of £10 returned him in coin at an expense, say, of sixpence; +this would leave B with a profit of sixpence on the transaction, and, +assuming that these figures are reasonable, exchange on Edinburgh in +London would be one shilling discount per £100. Supposing the +necessities of B induced him to offer A only £99:14:0 for his £100 +claim, A would then prefer that C remitted him £100 in coin, which, on +the above scale of expenses would cost 5s. and A would receive £99:15:0 +net. On these premises, exchange on Edinburgh in London cannot fall +below ¼% discount, and the same circumstances prevent it from rising +above ¼% premium, for B, in no case, would pay more for A's claim than +£100 plus the cost of sending coin to Scotland. If this basis is +appreciated, all exchange problems between different countries can be +mastered, and the quotations in the daily papers of cable payments, +sight drafts (cheques) and long bills are then understood and supply an +interesting indication of the state of international financial +relations. As shown above, the balance of indebtedness must eventually +be remitted by coin, and consequently when exchange in any city is +quoted at one or other of the limit points given in our example as ¼% +discount or ¼% premium, this exchange immediately acquires a very +serious importance, because with the development of modern monetary +systems under which enormous trade is carried on with a most moderate +foundation of actual coin the weakening or strengthening of that +foundation is a very vital matter. + +While the understanding of the theory is essential for any facile +interpretation of an exchange, there are of course innumerable details +of practice which require to be known to identify the limit points of +exchange in any particular city. The limit points can only be taken +advantage of by banking experts, and, although we assume a trader +remitting his indebtedness in coin when he is asked to pay too high a +price for his bill of exchange, in actual affairs the banker will supply +the cheque or bill and himself will do the professional business of +sending away bullion. Similarly, we have represented one trader drawing +on another trader and selling his draft to a third trader who remits the +draft to a fourth. In actual practice, however, No. 1 draws on No. 2 and +disposes of his draft to a banker; No. 4 draws on No. 3 and sells his +draft to a banker; because, speaking generally, whenever goods are +shipped, the shipper immediately requires his money; he draws a bill +against the goods, and it is the function of a banker to help, as a sort +of debt-collecting agency, by buying these drafts; and the bank, being a +mart for all forms of remittance, gets an immense variety of demand for +cable payments, cheques and bills on all centres. This does not affect +the theory, for it must be remembered that the banker is a necessary +link between the buyer and seller of exchange, because the seller can +only sell what he has and the buyer must have exactly what he wants. + +To return to the question of limit points: if a universal currency +system existed, with the same monetary standard that is used in England, +and the coinage kept in a proper condition of weight and fineness, and +the coin readily supplied to meet every reasonable claim--if, in fact, +the pound sterling were the prevalent coin and the English banking +system obtained everywhere, then we should find all exchange quotations +as simple as our case of London and Edinburgh, that is to say, all +exchanges would be quoted at par or a premium or a discount. The limit +points in any place of the exchange on London would represent simply and +obviously the cost of the transmission of the coin. These limit points +would vary at each place according to the distance from London, the cost +of freight, the risk involved in the transmission and the local rate of +interest. On the continent of Europe some advance has been made in the +direction of a universal coinage. Countries subscribing to the Latin +Union have agreed on the franc as a common unit, and Belgium, +Switzerland, France and Italy quote exchange between themselves at a +premium or discount. Greece, Spain and other countries are also parties +to the arrangement, but their currencies are in a bad state, and the +exchange quotations involve a considerable element of speculation. We +have, however, to deal with another factor in international finance, +namely, the enormous variety of currency systems; and we have then to +discover, in each case, the exchange which represents par and +corresponds to our £100 for £100 in the London-Edinburgh example. The +United States furnishes perhaps the easiest problem, and we must find +out how many dollars in gold contain exactly the same amount of the +precious metal as is contained in one hundred sovereigns. The answer is +486-5/8, and the arithmetic is a question of the mint laws of the two +countries. Gold coin in the United States contains one-tenth alloy and +in England one-twelfth alloy. Ten dollars contain 258 grains of gold, +nine-tenths fine. One pound contains 123.274 grains of gold, +eleven-twelfths fine, consequently £100 is worth $486-5/8, or, to be +exact, $486-2/3, and when cable payments between London and New York are +quoted at 4.86-5/8 for the £1 sterling, exchange is about par. As a +cable payment is an immediate transfer from one city to another, no +question of interest or other charge is involved. Owing to the cost of +sending gold as detailed above, the New York cable exchange varies from +about 4.84 to 4.89½; at the former point gold leaves London for New +York, and at the latter point gold comes to England. Besides insurance, +freight, packing, commission and interest, there must also be considered +the circumstance that coin taken in bulk is always a little worn and +under full weight, and in the process of turning sovereigns into +dollars, the result would not bear out the calculation based on the mint +regulations: consequently, when taking gold from London, the demand +would first fall on the raw metal as received from South Africa or +Australia to be minted in the United States, then on any stock of +American coin the Bank of England might have and be willing to sell by +weight (which would be accounted by tale in New York), and lastly the +demand would be satisfied by sovereigns taken by tale from the Bank of +England and converted by weight in America. + +The instance of the American quotation may be further taken to explain +some of the numerous points which the study of the exchange involves. In +the first place, it will be noted that we have quoted the price in +dollars. In London, business in bills, &c., on New York is quoted either +in pence or in dollars, that is to say, payments are negotiated for so +many dollars either at 49-3/16 pence per dollar, or at the equivalent +rate $4.88 for the pound. In practice it is much more convenient to +quote in London in the money of the foreign country, as it makes +comparison with the foreign rate on London very simple. Some foreign +countries quote exchange on London in pence, and then, of course, in +relation to those countries the same practice will obtain in England, +but the majority of the exchange quotations on London are in francs, +marks, gulden, lire, kronen or other foreign money. Another point which +must be explained is the reason why exchange varies between what we have +called the limit points; why there is sometimes so much demand for bills +on London and why at other times so many bills are being offered. +Similar causes operate on other exchanges, and if we develop the New +York case we shall provide explanations for exchange movements in other +countries. + +At one time the financial relations between England and America were as +follows. England was the principal creditor of the United States, and +the latter country had to remit continually very large amounts in +payment of interest on English money and profits on English investments, +in payment for shipping freights, for banking commissions, insurance +premiums and an immense variety of services, besides paying for the +large imports which crossed the Atlantic from English ports. In the fall +of the year these payments would be more than offset by the enormous +exports of food-stuffs, cotton, tobacco, &c., so that during the first +half of the year exchange would be at or about the limit of 4.89½ and +gold would have to be sent from New York to supplement the deficient +quantity of bills. In the autumn the produce bills would flood the +exchange market and gold would be sent from London as exchange got to +the other limit point of 4.84. These conditions are still very potent, +but latterly another element has entered into the position, and the new +development is so powerful as to reverse sometimes what we may call the +natural and legitimate movement in the exchange. This new element is the +more intimate banking and financial relationship which has been +established between the two countries. As American conditions have +become more stable, with better security for capital and an assured +feeling about the currency of the United States, bankers in London have +gladly allowed their banking friends in New York and other large cities +to draw bills on London whenever there was a good demand for sterling +remittances. We have, therefore, to consider a fresh type of bill of +which the drawer has no claim on the drawee, but, on the other hand, +incurs a debt to the drawee. To take a very usual method, a banker in +Wall Street, New York, will advance money to stockbrokers, investors and +speculators against bonds and shares with a 20% margin. He deposits this +security with a trust company in New York which acts both for the +American and English banker. The Wall Street banker then draws a bill at +60 days' sight or 90 days' sight on the banker in Lombard Street and +sells this draft to supply the money he lends the stockbroker. Two or +three months hence the New York banker must send money to London with +which to meet the bill, so that, whereas, in the case of a commercial +bill, the produce is despatched and in due course the consignee must +find the money for the bill, in the case of a finance bill, as it is +called, the bill is drawn and in due course the drawer must send the +value with which it is to be honoured. In any event the acceptor, the +London banker, has to pay the bill, so that it will be easily understood +that relations of the greatest confidence are necessary between the +drawer and drawee before finance bills of this class can be created. + +The profit arising from the transaction we have sketched is realized by +the separate parties in this way. The New York banker lends money for +three months, say, at 5% per annum, he pays a commission of 1/32% to the +trust company which has custody of the security, a charge equivalent to +1/8% interest per annum. He draws on London at 90 days' sight and sells +the bill at 4.83-5/8, the cable rate being 4.87¾, the buyer of a three +months' bill making the allowance for the English bill stamp of ½ per +mille and the London discount rate of 3%. The drawer of the bill must +also pay a commission of 3/16% to the London banker who accepts the +draft; this is equivalent to another ¾% per annum in the rate of +discount, so that money raised in this way costs 1/8% for the trust +company, 3% the London discount rate, about ¼% for bill stamps, and ¾% +for London commission--altogether, 4-1/8%; and, as the money is loaned +at 5%, there appears to be 7/8% profit to the drawer of the bill. This, +however, is on the assumption that the cable rate is still 4.87¾ when +the bill falls due for payment and that the drawer would have to pay +that price to telegraph the money to meet the draft. But exchange on +London can go up or down between 4.84 and 4.89½, and if at the end of +the three months the cable rate is 4.84 the New York banker will be able +to cover his bill at almost the same rate at which he sold it and will +only be out of pocket to the extent of the commissions and stamps, so +that the accommodation will only cost him 1½% and his profit will be +3½%. If he has to pay more than 4.87¾ for his cable at the maturity of +the bill his profit will be less than 7/8%, and he may even be a loser +on the transaction. + +It is obvious, then, that a high rate of interest in New York, with a +high rate of exchange on London and a low rate of discount in England, +would induce the creation of these finance bills. The supply of these +bills would prevent New York exchange reaching the limit point at which +gold leaves the United States, and the maturity of these bills in the +autumn would ensure a demand for the produce bills and possibly prevent +exchange from falling to the other limit point at which London has to +send gold to New York. + +We have pointed out the essential difference between these finance bills +and what we have called produce bills, but there is another very +striking difference, that of the question of supply. These finance bills +are obviously very difficult to limit in their amounts; produce bills +are, of course, limited by the extent of the surplus crops of the United +States and by the demand for the produce in Europe, but so long as it is +mutually satisfactory to the big finance houses in both countries to +draw on credit granted in London, so long may these accommodation bills +be created, and the pressure of the bills in New York may depress +exchange so much that gold leaves London at a time when it is required +in other directions. In such a case the embarrassment caused by this +artificial drain of the gold reserve would much more than offset the +amount of the commission earned by the accepting houses. The Bank of +England may have to raise its rate of discount at the expense of the +entire home trade; probably, also, with the rise in the value of money, +consequent on the diminished resources, all investment securities fall +in value and more onerous terms must be submitted to by the government, +corporations and colonies, in the issue of any loans they may require. +It will, therefore, be appreciated that, although these finance bills +may be perfectly safe, their excessive creation is viewed with great +disfavour, and considerable apprehension is felt when the adventures of +speculators in New York make great demands for loans against stocks and +shares, and, through the instrumentality of these finance bills, shift +the burden on to the shoulders of the London discount market. The effect +of this is to level money rates as between New York and London, and in +the process the pressure falls on London and the relief goes to America. +Eventually, of course, the bills must be met and funds sent for that +purpose from across the Atlantic, but in the meanwhile the disturbance +of the gold supply is an inconvenience. + +We have explained the process of employing credits granted in London to +finance Wall Street; there are, also, many other types of bill to which +the acceptor lends his name on the assurance that he will in due course +be supplied with the funds required to meet the acceptance. In the case +of the produce bills, a London banker will accept the bills in order +that they may be more easily marketable than if they were drawn direct +on the actual consignee of the cotton, tobacco or wheat. The consignees +in Liverpool, &c., pay a commission for this assistance and reimburse +the London bank as the produce is gradually disposed of. The transaction +appears slightly more complicated when English bankers accept bills for +produce shipped from the United States to merchants living in Hamburg, +Genoa, Singapore and all other great ports, but the principle is the +same, and the influence of such business on the exchange affects, in the +first instance, the quotation between America and London, but +afterwards, when money must be sent to London with which to honour the +bills, the exchanges with Germany, Italy or the Straits Settlements bear +their share in the eventual adjustment, the spinners, tobacco +manufacturers and corn factors requiring drafts on London where so much +of the trade of the world is financed. + +We shall have to consider later the reasons which ensure to London this +peculiar and predominant position. We have so far used the American +exchange as an example to explain causes which produce fluctuations in +all the principal exchanges on London and to show the points between +which fluctuations are limited. The fact that America is still +developing at a much greater rate than the Old World makes an important +distinction between the financial position in New York and the financial +position of the big capitals in Europe. There is not in America the huge +accumulation of savings and investment money which the Old World has +collected, so that whereas Europe helps to finance the United States, +the latter country has so many home enterprises that she can spare none +of her funds to assist Europe. It would not be possible for London to +draw on New York such bills as we have described as finance bills, for +they could never be discounted there except on the most onerous terms, +and there is nothing in America which corresponds to the London money +market. + +We have to deal with dollars and cents in America, with francs in +France, with marks in Germany, and different money units in nearly every +country; but, given the mint regulations, the theoretical par of +exchange and the theoretical limit points are arrived at by simple +arithmetic. An exhaustive statement with reference to every country +would involve an amount of tedious repetition, so that for the purposes +of this article it is more instructive to consider the essential +differences between the important exchanges than to go into the details +of coinage, which would appeal rather to the numismatist than to the +exchange expert. + +The United States, offering as it does a vast field for profitable +investment, must annually remit huge amounts for interest on bonds and +shares held by Europeans; coupons and dividend warrants payable in +America are offered for sale daily in London, and at the end of the +quarters the amount of these claims, coupons and drawn bonds is very +large, and a considerable set off to the indebtedness of Europe for +American produce. It is often asserted that the United States is rapidly +getting sufficiently wealthy to repurchase all these bonds and shares; +but whenever trade conditions are exceptionally good in the States, +fresh evidence is forthcoming that assistance from London and Europe is +essential to finance the commercial development of the United States. +This illustrates a feature common to all new countries, and the effect +is that they make annual payments to the older countries and especially +to England. + +A government loan or other large borrowing arranged abroad will +immediately move the exchange in favour of the borrowing country. A +tendency adverse to the United States results from the drafts and +letters of credit of the large number of holiday makers who cross the +Atlantic and spend so much money in Europe. When remittance is made of +the incomes of Americans who have taken up their residence in the Old +World the exchange is affected in a similar manner. + +In one respect the United States stands far superior to most of the +older countries. There are no restrictions on the free export of gold +when exchange reaches the limit point showing that the demand for bills +on London exceeds the supply. New York (with London and India) is a free +gold market, and this is undoubtedly one of the reasons why money is so +readily advanced to the United States, and the finance bills, to which +we referred above, would not be allowed to the same extent were it not +for the fact that New York will remit gold when other forms of +remittance are insufficient to satisfy foreign creditors. When exchange +between Paris and London reaches the theoretical limit point of 25.32 +(25 francs 32 centimes for the £1 sterling), gold does not leave Paris +for London unless the Bank of France is willing to allow it. By law, +silver is also legal tender in France, and if the State Bank is pressed +for gold a premium will be charged for it if it is supplied. Gold may be +collected on cheaper terms in small amounts from the great trading +corporations or from the offices of the railways, but a large shipment +can only be made by special arrangement with the Bank of France. +Similarly, in Germany, where a gold standard is supposed to obtain, if a +banker requires a large amount of gold from the Reichsbank he is warned +that he had better not take it, and if he persists he incurs the +displeasure of the government institution to the prejudice of his +business, so that the theoretical limit point of 20 marks 52 pf. to the +pound sterling has no practical significance, and gold cannot be secured +from Berlin when exchange is against that city, and Germany has, when +put to the test, an inconvertible and sometimes a debased currency. +There is no state bank in the United States, and no government +interference with the natural course of paying debts. On the other hand, +when monetary conditions in New York indicate a great shortage of funds, +and rates of interest are uncomfortably high, the United States treasury +has sometimes parted with some of its revenue accumulations to the +principal New York bankers on condition that they at once engage a +similar amount of gold for import from abroad, which shall be turned +over to the treasury on arrival. As these advances are made free of +interest the effect is to adjust the limit point of 484 to about 485, +and the United States treasury seems to have taken a leaf out of the +book of the German Reichsbank, which frequently offers similar +facilities to gold importers and creates an artificial limit point in +the Berlin Exchange. The Reichsbank gives credit in Berlin for gold that +has only got as far as Hamburg, and sometimes gives so many days' credit +that the agent in London of German banking houses can afford an +extravagant price for bar gold and even risk the loss in weight on a +withdrawal of sovereigns, although the exchange may not have fallen to +the other limit point of 20.32. In England the only effort that is made +to attract gold is some action by the Bank of England in the direction +of raising discount rates; occasionally, also, the bank outbids other +purchasers for the arrivals of raw gold from South Africa, Australia and +other mining countries. Quite exceptionally, for instance during the +Boer War, the Bank of England allowed advances free of interest against +gold shipped to London. + +Many of the principal banking houses in all the important capitals +receive continually throughout the day telegraphic information of the +tendency and movement of all the exchanges, and on the smallest margin +of profit a large business is done in what is called arbitrage (q.v.). +For instance, cheques or bills on London will be bought by X in Paris +and remitted to Y in London. X will recoup himself by selling a cable +payment on Z in New York. Z will put himself in funds to meet the cable +payment by selling 60 days' sight drafts on Y, who pays the 60 days' +drafts at maturity out of the proceeds of the cheques or bills received +from Paris, and this complicated transaction, involving no outlay of +capital, must show some minute profit after all expense of bill stamps, +discount, cables and commissions has been allowed for. Such business is +very difficult and very technical. The arbitrageur must be in +first-class credit, must make the most exact calculation, and be prompt +to take advantage of the small differences in exchange, differences +which can be only temporary, as these operations soon bring about an +adjustment. + +The European exchanges with which London is chiefly concerned are Paris +and Berlin, through which centres most of the financial business of the +rest of Europe is conducted; for example, Scandinavia, Russia and +Austria bank more largely with Berlin than elsewhere. Italy, +Switzerland, Belgium and Spain bank chiefly in Paris. European claims on +London or debts to London are settled mostly through Germany or France, +and consequently the German and French rates of exchange are affected by +the relation of England with the rest of the Continent. The exchanges on +Paris and Berlin are therefore most carefully watched by all those big +interests which are concerned with the rate of discount and the value of +money in London. + +If the Paris cheque falls to 25.12, gold arrivals in the London bullion +market will be taken by French bankers unless the profit shown by the +exchange on some other country enables other buyers to pay more for the +gold than Paris can afford. If the Paris cheque falls still further, it +would pay to take sovereigns from the Bank of England for export, and so +much would be taken as would satisfy the demand to send money to France, +or until the consequent scarcity of money in London made rates of +interest so high in England that French bankers would prefer to leave +money and perhaps increase their balances. As between London and Paris +and Berlin the greatest factor operating the exchanges is the relative +value of money in the three centres. There is no great excess of trade +balance at any season in favour of Germany or France and against +England. On the other hand the banking relations between those countries +are very intimate, and if funds can be very profitably employed in one +of these places, there will be a good demand for remittance, and +exchange will move in favour of that place, that is to say, exchange +will go towards that limit point at which gold will be sent. The great +pastoral and agricultural countries like South America, Egypt and India +are in a position to draw very largely on London when their crops or +other products are ready for shipment. In the early months of the year +gold goes freely to South America to pay for the cereals, hides and +meat, and in the autumn Egypt and India send such quantities of cotton +and wheat that exchange moves heavily in favour of those countries, and +gold must go to adjust the trade balance. During the rest of the year +the gold tends to return as these countries always require bills on +London or some form of payment to meet interest and dividends on +European money invested in their government debts, railways and trading +enterprises, and to pay for the European manufactures which they import. +Exchange then moves in favour of England, and the Bank of England can +replenish its reserve. Over the greater part of the world the rate of +exchange on London is an indication simply of the trade balance. The +greater part of the world receives payment for food stuffs, and has to +pay for European manufactures, shipping freights, banking services and +professional commissions. + +The greatest complication in exchange questions arises when we have to +deal with a country employing a silver standard, and, fortunately for +the development of trade, this problem has disappeared of late years in +the case of India, Ceylon, Japan, Mexico and the Straits Settlements, +and now the only important country using silver as a standard is China. +When the monetary standard in one country is only a commodity in another +country we are as far removed from the ideal of an international +currency as can be imagined. We can fix no limit points to the exchange +and we cannot settle any theoretical par of exchange. The price of +silver in the gold-using country may vary as much as the price of copper +or tin, and in the silver-using country gold is dealt in just as any +other metal. In both cases the only metal of constant price is the metal +which is used as the money standard. The easiest method of explaining +the position is to consider that any one in a gold-using country having +a claim in currency on a silver-using country has to offer for sale so +many ounces of silver, and vice versa the exporter in a silver-using +country sending produce to London has to offer a draft representing so +many ounces of gold. This introduces a very unsatisfactory element. To +take a practical example:--a tea-grower in China has raised his crop in +spite of the usual experience of weather and labour difficulties and the +endless risks that a planter must face; the tea is then sent to London +to take its chance of good or bad prices, and at the same time the +planter has a draft to sell representing locally a certain weight of +gold; now, in addition to all the risks of weather and trading +conditions, and the chances of the fluctuations in the tea market, he is +compelled to gamble in the metal market on the price of gold. Some years +ago when a large number of important countries employed a silver +standard it was seriously suggested that a fixed ratio should be agreed +internationally at which gold and silver should be exchanged. This +advocacy of bimetallism (q.v.) was especially persistent at a time when +silver had suffered a very great fall in price and the prominent +exponents could generally be identified either as extremely practical +men who were interested in the price of silver, or as very inexperienced +theorists. The difficulty of the two standards was successfully solved +by discarding the use of silver, and the chief silver-using countries +adopted a gold standard which has given greater security for the +investment of foreign capital, has simplified business and brought about +a large increase of trade. + +In the case of a country of which the government has been subject to +great financial difficulties, gold has been shipped to satisfy foreign +creditors so long as the supply held out, and the exchange with such a +country will continue to move adversely with every fresh political +embarrassment and any other economic cause reflecting on the national +credit. With the collapse of the monarchy in Brazil the value of the +milreis fell from 27d. to 5d., and all the Spanish-American countries +have from time to time afforded most distressing examples of the +demoralizing effects on the currency of unstable and reckless +administration. In Europe similar results have been shown by the +mistrust inspired by the governments of Spain, Greece, Italy and some +other states. The raising of revenue by the use of the printing press +creates an inconvertible and depreciating paper currency which frightens +foreign capital and severely taxes the unfortunate country which must +make payment abroad for the service of debt and other obligations. With +the tardy appreciation of the old proverb that "honesty is the best +policy" nearly every country of importance has made strenuous efforts to +improve the integrity of its money. + +Exchange quotations are not published from many of the British colonies, +as their financial business is in the hands of a comparatively few +excellently managed banks, which establish, by agreement, conventional +exchanges fixed for a considerable period, notably in the case of +Australia, New Zealand and South Africa. The Scottish and Irish banks +supply similar examples of a monopoly in exchange. + +The following table taken from the money article of a London daily paper +indicates the exchanges which are of most interest to England:-- + + _Foreign Exchanges._ + + +-----------------------+-----------------+---------------+---------------+ + | | June 14. | June 15. | June 16. | + +-----------------------+-----------------+---------------+---------------+ + | Paris, cheques | 25 f. 18 c. | 25 f. 18 c. | 25 f. 18 c. | + | " Mkt. discount | 2½-5/8 p.c. | 2½-5/8 p.c. | 2½-5/8 p.c. | + | Brussels, cheques | 25 f. 23 c. | 25 f. 23½ c. | .. | + | Berlin, sight | 20 m. 48¾ pf. | 20 m. 48¾ pf. | 20 m. 48 pf. | + | " 8 days | 20 m. 46½ pf. | 20 m. 46¼ pf. | 20 m. 45½ pf. | + | " Mkt. discount | 3-7/8 p.c. | 3-7/8 p.c. | 3-7/8 p.c. | + | Vienna, sight | Holiday | 24 kr. 02¼ h. | 24 kr. 02¾ h. | + | Amsterdam, sight | 12 fl. 13-1/8 c.| 12 fl. 13¼ c. | .. | + | Italy, sight | Holiday | 25 lire 15 c. | .. | + | Madrid, sight | " | 27 ps. 68 | .. | + | Lisbon, sight | " | .. | .. | + | St Petersburg, 3 ms. | 94 r. 10 | 94 r. 10 | .. | + | Bombay, T.T. | 1s. 4d. | 1s. 4d. | 1s. 4d. | + | Calcutta, T.T. | 1s. 4d. | 1s. 4d. | 1s. 4d. | + | Hong-Kong, T.T. | 2s. 1-1/16d. | 2s. 1-1/16d. | 2s. 1-1/16d. | + | Shanghai, T.T. | 2s. 10¾d. | 2s. 10-5/8d. | 2s. 10-5/8d. | + | Singapore, T.T. | 2s. 4-1/16d. | 2s. 4-1/16d. | 2s. 4-1/16d. | + | Yokohama, T.T. | 2s. 0-3/8d. | 2s. 0-3/8d. | 2s. 0-3/8d. | + |*Rio de Jan'ro, 90 days| 16-9/16d. | 16-9/16d. | 16-17/32d. | + |*Valparaiso, 90 days | | | | + | Coml. | 14-3/8d. | 14-3/8d. | 14¼d. | + |*B. Ayres, 90 days | 48-1/8d. | 48d. | 48d. | + +-----------------------+-----------------+---------------+---------------+ + * These rates are telegraphed on the day preceding their receipt. + +In the case of Paris and Berlin it will be noticed that the local rate +of discount is also given, as the value of money in these centres, in +relation to the value of money in London, is the most important factor +in a movement of the exchange. Vienna has become important owing to the +improvement in the financial position of Austria, and still greater +improvement is shown in the case of Italy, whose currency stands in the +above list better even than that of France. Spain, which should stand at +about the same rate, still has a depreciated paper currency. Lisbon +stands also at a discount, as the milreis should be worth 53¼ pence. + +In Russia the exchange showing 94.10 roubles to £10 is carefully and +cleverly controlled in spite of the bad internal position. The India +exchanges move slightly, as the currency is firmly established at the +rate of 15 rupees to the £1. Hong-Kong quotes for the old Mexican dollar +and a British trade dollar; Shanghai for the tael containing on an +average 517½ grains of fine silver. The Straits Settlements have fixed +their money on a gold basis at 2s. 4d. per dollar, on the lines of the +arrangement made in India. In Japan there is a gold standard, and par of +exchange is 2s. 0½d. for the yen. Brazil, Chile and Argentina have a +depreciated paper currency, and the last quotation of 48d. is for the +gold dollar equal to five francs, but there is a premium on gold in the +River Plate of 127.27½% and for the present a gold standard is +re-established on this basis. The letters T.T. with the eastern +exchanges signify telegraphic transfer or the rate for payments made by +cable. The very important New York rates are always given in another +part of the daily paper with other details of American commercial +interest. + +These rates are all quotations for payments in England, and all over the +world the exchange on London is the exchange of the greatest importance. +This unique position was gained originally, probably, through the +geographical position of the United Kingdom, and has been maintained +owing to several reasons which secure to London a peculiar position by +comparison with any other capital. Britain's colossal trade ensures a +supply of and a demand for English remittances. Even when goods or +produce are dealt in between foreign countries a credit is opened in +London, so that the shipper of the produce can offer in the local market +a bill of exchange which is readily saleable. With the highly developed +banking system a large amount of deposits is collected in London, and +the result is that bills of any usance up to six months can be +immediately discounted, and the proceeds, if required, can be handed +over in gold. There are in London a great number of wealthy banks and +banking houses whose reputation and solidity allow any one of them to +accept bills for amounts varying from one to ten millions sterling, +whereby large commissions are earned. + +These four advantages, namely, a free gold market, a huge trade, an +enormous accumulation of wealth, and a discount market such as exists +nowhere else, have made London an unrivalled financial centre, and +consequently bills on London are an international money and the best +medium of exchange. + + AUTHORITIES.--_A B C of the Foreign Exchanges_, by George Clare; + _Foreign Exchanges_, by Goschen; _Arbitrage_, by Deutsch; _Arbitrages + et Parités_, by Ottomar Haupt; Swoboda, _Arbitrage_ (12th edition), by + Max Fuerst. (E. M. Ha.) + + + + +EXCHEQUER. The word "exchequer" is the English form of the Fr. +_échiquier_, low Lat. _scaccarium_, and its primary meaning is a +chess-board (see CHESS). As the name of a government department dealing +with accounts it is derived from the exchequer or the "abacus" by means +of which such accounts were kept, such a contrivance being almost +universally in use before the introduction of the Arabic notation. In +England the department or court of accounts was named originally "the +tallies" from the notched sticks or tallies which constituted the +primitive means of account-keeping (which were only abolished in 1826), +and was only subsequently, probably in the reign of Henry I., named the +exchequer from the use of the abacus. Both the name and the general +features of the institution may reasonably be attributed to Norman +influence, since we find both in Normandy and in the Norman kingdom of +Sicily, as well as in Scotland and Ireland; the two latter cases being +directly due to English example. As a court of law the exchequer owed +its existence in England, as elsewhere, to the necessity of deciding +legal questions arising from matters of account, and its secondary +activities soon overshadowed its original functions. + +We cannot say whether the exchequer, as known in England, is older than +the beginning of the 12th century. The treasury, which may be regarded +as one of its constituents, dates from before the conquest, and the +officers of the exchequer who were drawn from the treasury staff can be +traced back to Domesday. But our earliest information about the +exchequer itself, apart from that afforded by the pipe rolls (see +RECORD), rests on a treatise (_Dialogus de Scaccario_) written about +A.D. 1179 by Richard, bishop of London and treasurer of England. His +father, Nigel, bishop of Ely, had been treasurer of Henry I., and nephew +to that king's great financial minister Roger, bishop of Salisbury. +Nigel is said to have reconstituted the exchequer after the troubles of +Stephen's reign upon the model which he inherited from his uncle. The +Angevin, or rather the Norman, exchequer cannot be regarded in +strictness as a permanent department. It consisted of two parts: the +lower exchequer, which was closely connected with the permanent treasury +and was an office for the receipt and payment of money; and the upper +exchequer, which was a court sitting twice a year to settle accounts and +thus nearly related to the Curia Regis (q.v.). We dare hardly say that +either exchequer existed in vacation; indeed the word (like the word +"diet") seems to have been limited at first to the actual sitting of the +king's court for financial purposes. The Michaelmas and Easter +exchequers were the sessions of this court "at the exchequer" or +chess-board as it had previously sat "at the tallies." The constitution +of the court was that of the normal Frankish curia. The king was the +nominal president, and the court consisted of his great officers of +state and his barons, or tenants-in-chief, and it is doubtless due to +the fact that the exchequer was originally the curia itself sitting for +a special purpose that its unofficial judges retained the name of +"barons" until recent times. Of the great officers we may probably find +the steward in the person of the justiciar, the normal president of the +court. He sat at the head of the exchequer table. The butler was not +represented. The chancellor sat on the justiciar's left; he was +custodian _ex officio_ of the seal of the court, and thus responsible +for the issue of all writs and summonses, and moreover for the keeping +of a duplicate roll of accounts embodying the judgments of the court. On +the left of the chancellor, and thus clear of the table, since their +services might be required elsewhere at any moment, sat the constable, +the two chamberlains and the marshal. The constable was the chief of the +outdoor service of the court, and was responsible for everything +connected with the army, or with hunting and hawking. The two +chamberlains were the lay colleagues of the treasurer, and shared with +him the duty of receiving and paying money, and keeping safe the seal of +the court, and all the records and other contents of the treasury. The +marshal, who was subordinate to the constable, shared his duties, and +was specially responsible for the custody of prisoners and of the +vouchers produced by accountants. At the head of the table on the +justiciar's right sat, in Henry II.'s time, an extraordinary member of +the court, the bishop of Winchester. The treasurer, like the chancellor +a clerk, sat at the head of the right-hand side of the table. He charged +the accountants with their fixed debts, and dictated the contents of the +great roll of accounts (or pipe roll) which embodied the decisions of +the court as to the indebtedness of the sheriffs and other accountants. +These persons with certain subordinates constituted the court of +accounts, or upper exchequer, whereas the lower exchequer, or exchequer +of receipt, consisted almost exclusively of the subordinates of the +treasurer and chamberlains. In the upper exchequer the justiciar +appointed the calculator, who exhibited the state of each account by +means of counters on the exchequer table, so that the proceedings of the +court might be clear to the presumably illiterate sheriff. The +calculator sat in the centre of the side of the table on the president's +left. The chancellor's staff consisted of the _Magister Scriptorii_ +(probably the ancestor of the modern master of the rolls), whose duties +are not stated; a clerk (the modern chancellor of the exchequer) who +settled the form of all writs and summonses, charged the sheriff with +all fines and amercements, and acted as a check on the treasurer in the +composition of the great roll; and a scribe (afterwards the comptroller +of the pipe), who wrote out the writs and summonses and kept a duplicate +of the great roll, known as the chancellor's roll. The constable's +subordinates were the marshal and a clerk, who, besides the duty of +paying outdoor servants of the crown, had the special task of producing +duplicates of all writs issued by the Curia Regis. The treasurer and +chamberlains, being colleagues, had a joint staff, the clerical or +literate members of which were servants of the treasurer, while the lay +or illiterate members depended on the chamberlains. Hence while the +treasurer and his clerks kept their accounts by means of rolls, the +chamberlains and their serjeants duplicated them so far as possible by +means of tallies. Thus the great roll was written by the treasurer's +scribe (the engrosser, afterwards the clerk of the pipe), while the +payments on account and other allowances to be credited to the sheriff +were registered by the tally cutter of the chamberlains. + +In the exchequer of receipt the staff was similarly divided between the +treasurer and chamberlains; the treasurer having a clerk who kept the +issue and receipt rolls (the later clerk of the pells) and four tellers, +while each of the chamberlains was represented by a knight (afterwards +the deputy chamberlains), who controlled the clerk's account by means of +tallies, and held their lands by this serjeanty; these three had joint +control of the treasury, and could not act independently. The other +serjeants were the knight or "pesour" who weighed the money, the melter +who assayed it, and the ushers of the two exchequers. It should be noted +that all the lay offices of the treasury in both exchequers were +hereditary. Henry II. had also a personal clerk who supervised the +proceedings personally in the upper, and by deputy in the lower, +exchequer. + +The business of the ancient exchequer was primarily financial, although +we know that some judicial business was done there and that the court of +common pleas was derived from it rather than from the curia proper. The +principal accountants were the sheriffs, who were bound, as the king's +principal financial agents in each county, to give an account of their +stewardship twice a year, at the exchequers of Easter and Michaelmas. +Half the annual revenue was payable at Easter, and at Michaelmas the +balance was exacted, and the accounts made up for the year, and formally +enrolled on the pipe roll. The fixed revenue consisted of the farms of +the king's demesne lands within the counties, of the county mints, and +of certain boroughs (see BOROUGH) which paid annual sums as the price of +their liberties. Danegeld was also regarded as fixed revenue, though +after the accession of Henry II. it was not frequently levied. There +were also rents of assarts and purprestures and mining and other +royalties. The casual revenue consisted of the profits of the feudal +incidents (escheat, wardship and marriage), of the profits of justice +(amercements, and goods of felons and outlaws), and of fines, or +payments made by the king's subjects to secure grants of land, wardships +or marriages, and of immunities, as well as for the hastening and +sometimes the delaying of justice. Besides this, there were the revenues +arising from aids and scutages of the king's military tenants, tallages +of the crown lands, customs of ports, and special "gifts," or general +assessments made on particular occasions. For the collection of all +these the sheriff was primarily responsible, though in some cases the +accountants dealt directly with the exchequer, and were bound to make +their appearance in person on the day when the sheriff accounted. + +We gather both from tradition and from the example of the Scottish +exchequer that the farms of demesne lands were originally paid in kind, +by way of purveyance for the royal household, and although such farms +are expressed even in Domesday Book in terms of money, the tradition +that there was a system of customary valuation is a sufficient +explanation, and not of itself incredible. At some date, possibly under +the administration of Roger of Salisbury, the inconvenience of this +arrangement led to the substitution of money payments at the exchequer. +The rapid deterioration of a small silver coinage led to successive +efforts to maintain the value of these payments, first by a "scale" +deduction of 6d. in the £ for wear, then by the substitution of payment +by weight for payment by tale, and finally by the reduction of most of +such payments to their pure silver value by means of an assay, a process +originally confined to payments from particular manors. Only the farms +of counties, however, were so treated, and not all of those. The amount +to be deducted in these cases was settled by the weighing and assaying +of a specimen pound of silver in the presence of the sheriff by the +pesour and the melter in the lower exchequer. The casual revenue was +paid by tale, and for the determination of its amount it was necessary +to have copies of all grants made in the chancery on which rents were +reserved, or fines payable. These were known first as _contrabrevia_ and +later as _originalia_; the profits of justice were settled by the +delivery of "estreats" from the justices, while for certain minor +casualties the oath of the sheriff was at first the only security. At a +later date many of them were determined by copies of inquisitions sent +in from the chancery. All this business might be transacted anywhere in +England, and though convenience placed the exchequer first at Winchester +(where the treasury was), and afterwards usually at Westminster, it held +occasional sessions at other towns even in the 14th century. + +The Angevin exchequer, described by Richard the Treasurer, remained the +ideal of the institution throughout its history, and the lineaments of +the original exemplar were never completely effaced; but the rapid +increase both of financial and judicial business led to a multiplication +of machinery and a growing complexity of constitution. Even in the time +of Henry II. we gather that the great officers of state, except the +treasurer and chancellor, commonly attended by deputy. In the reign of +Henry III. the chancellor had also ceased to attend, and his clerk +acquired the title of chancellor of the exchequer. To the same period +belongs the institution of the king's and lord treasurer's +remembrancers. These at first had common duties and kept duplicate +rolls, but by the ordinance of 1323 their functions were differentiated. +Henceforward the king's remembrancer was more particularly concerned +with the casual, and the lord treasurer's remembrancer with the fixed +revenue. The former put all debts in charge, while the latter saw to +their recovery when they had found their way on to the great roll. Hence +the preliminary stages of each account, the receiving and registering of +the king's writs to the treasurer and barons, and the drawing up of all +particulars of account, lay with the king's remembrancer, and he +retained the corresponding vouchers. The lord treasurer's remembrancer +exacted the "remanets" of such accounts as had been enrolled, as well as +reserved rents and fixed revenue, and so became closely connected with +the clerk of the pipe. Before the end of the 14th century these three +offices had already crystallized into separate departments. + +In the meantime the increasing length and variety of accounts, as well +as the growth of judicial business, had led to various efforts at +reform. As early as 22 Henry II. it became necessary to remove from the +great roll the debts which it seemed hopeless to levy, and further +ordinances to the same end were made by statute in 54 Henry III. and in +12 Edward I. By this last a special "exannual roll" was established in +which the "desperate debts" were recorded, in order that the sheriff +might be reminded of them yearly without their overloading the great +roll. But the largest accession of financial business arose from the +"foreign accounts," that is to say, the accounts of national services, +which did not naturally form part of the account of any county. These +did not in the reign of Henry II. form a part of the exchequer business. +Such expenses as appear on the pipe roll were paid by the sheriffs, or +by the bailiffs of "honours"; payments out of the treasury itself would +only appear on the receipt and issue rolls, and the "spending +departments" probably drew their supplies from the camera curie, and not +directly from the exchequer. In the course of the 13th century the +exchequer gradually acquired partial control of these national accounts. +Even in 18 Henry II. there is an account for the forests of England, and +soon the mint, the wardrobe and the escheators followed. The undated +statute of the exchequer (probably about 1276) provides for escheators, +the earldom of Chester, the Channel Islands, the customs and the +wardrobe. During the reign of Edward I., the wardrobe account became +unmanageable, since it not only financed the household, army, navy and +diplomatic service, but raised money on the customs independently of the +exchequer. The reform of 1323-1326, due to Walter de Stapledon, in +remedying this state of things, greatly increased the number of "foreign +accounts" by making the great wardrobe (the storekeeping department), +the butler, purveyors, keepers of horses or of the stud, the clerk of +the "hamper" of the chancery (who took the fees for the great seal), and +the various ambassadors, directly accountable to the exchequer. At the +same time the sheriffs' accounts were expedited by the further +simplification of the great roll, and by appointing a special officer, +the "foreign apposer," to take the account of the "green wax," or +estreats, so that two accounts could go on at once. Another baron (the +5th or cursitor baron) was appointed, and the whole business of foreign +accounts was transferred to a separate building where one baron and +certain auditors spent their whole time in settling the balances due on +the accounts already mentioned, as well as those of castles, &c., not +let to farm, Wales, Gascony, Ireland, aids (clerical and lay), +temporalities of vacant bishoprics, abbeys, priories and dignities, +mines of silver and tin, ulnage and so forth. These balances were +accounted for in the exchequer itself, and entered on the pipe roll, but +the preliminary accounts were filed by the king's remembrancer, and +enrolled separately by the treasurer's remembrancer as a supplement to +the pipe roll. + +The next important change, about the end of the 15th century, was the +gradual substitution of special auditors appointed by the crown, known +as the auditors of the prests (the predecessors of the commissioners for +auditing public accounts), for the auditors of the exchequer. Accounts +when passed by them were presented in duplicate and "declared" before +the treasurer, under-treasurer and chancellor. Of the two copies, one, +on paper, was retained by the auditors, the other, on parchment, was +successively enrolled by the king's and lord treasurer's remembrancers, +and finally by the clerk of the pipe, to secure the levying of any +"remanets" or "supers" by process of the exchequer. + +Besides the two great difficulties of the postponement of financial to +legal business, and of preventing the sheriffs from exacting the same +debt twice, the exchequer was, as has been seen, hampered in its +functions by the interference of other departments in financial matters. +Its own branches even acquired a certain independence. The exchequer of +the Jews, which came to an end in 18 Edward I., was such a branch. In 27 +Henry VIII. the court of augmentations was established to deal with +forfeited lands of monasteries. This was followed in 32 & 33 Henry VIII. +by the courts of first-fruits and tenths and of general surveyors. These +were reabsorbed by the exchequer in 1 Mary, but remained as separate +departments within it. But the development of the treasury, which +succeeded to the functions of the camera curie or the king's chamber, +ultimately reduced the administrative functions of the exchequer to +unimportance, and the audit office took over its duties with regard to +public accounts. So that when the statute of 3 & 4 William IV. cap. 99, +removed the sheriff's accounts also from its competence, and brought to +an end the series of pipe rolls which begins in 1130, the ancient +exchequer may be said to have come to an end. (C. J.) + +In 1834 an act was passed abolishing the old offices of the exchequer, +and creating a new exchequer under a comptroller-general, the detailed +business of payments formerly made at the exchequer being transferred to +the paymaster-general, whose office was further enlarged in 1836 and +1848. And in 1866, as the result of a select committee reporting +unfavourably on the system of exchequer control as established in 1834, +the exchequer was abolished altogether as a distinct department of +state, and a new exchequer and audit department established. + +The ancient term exchequer now survives mainly as the official title of +the national banking account of the United Kingdom. This central account +is commonly called the exchequer, and its statutory title is "His +Majesty's Exchequer." It may also be described with statutory authority +as "The Account of the Consolidated Fund of Great Britain and Ireland." +This account is, in fact, divided between the Banks of England and +Ireland. At the head office of each of these institutions receipts are +accepted and payments made on account of the exchequer; but in published +documents the two accounts are consolidated into one, the balances only +at the two banks being shown separately. + +Operations affecting the exchequer are regulated by the Exchequer and +Audit Departments Act 1866. Section 10 prescribes that the gross revenue +of the United Kingdom (less drawbacks and repayments, which are not +really revenue) is payable, and must sooner or later be paid into the +exchequer. Section 11 directs that payments should be made from the fund +so formed to meet the current requirements of spending departments. +Sections 13, 14, 15 lay down the conditions under which money can be +drawn from the exchequer. Drafts on the exchequer require the approval +of an officer independent of the executive government, the comptroller +and auditor-general. But the description of the formal procedure +required by statute cannot adequately express the actual working of the +system, or the part it plays in the national finance. The simplicity of +the system laid down by the act of 1866 has been disturbed by the +diversion of certain branches or portions of revenue from the exchequer +to "Local Taxation Accounts," under a system initiated by the Local +Government Act 1888, and much extended since. + +While the exchequer is, as already stated, the central account, it is +not directly in contact with the details of either revenue or +expenditure. As regards revenue, the produce of taxes and other sources +of income passes, in the first instance, into the separate accounts of +the respective receiving departments--mainly, of course, those of the +customs, inland revenue and post office. A not inconsiderable portion is +received in the provinces, and remitted to London or Dublin by bills or +otherwise, and the ultimate transfers to the exchequer are made (in +round sums) from the accounts of the receiving departments in London or +in Dublin. Thus, there are always considerable sums due to the exchequer +by the revenue departments; on the other hand, as floating balances are +(for the sake of economy) used temporarily for current expenses, there +are generally amounts due by the exchequer to the receiving departments; +such cross claims are adjusted periodically, generally once a month. The +finance accounts of the United Kingdom show the gross amounts due to the +exchequer from the departments, and likewise the amounts payable out of +the gross revenue in priority to the claim of the exchequer. On the +expenditure side a similar system prevails. No detailed payments are +made direct from the exchequer, but round sums are issued from it to +subsidiary accounts, from which the actual drafts for the public +services are met. For instance, the interest on the national debt is +paid by the Bank of England from a separate account fed by transfers of +round sums from the exchequer as required. Similarly, payments for army, +navy and most civil services are met by the paymaster-general out of an +account of his own, fed by daily transfers from the exchequer. + +This system has two noticeable effects. Firstly, it secures the +simplicity and finality of the exchequer accounts, and therefore of all +ordinary statements of national finance. Every evening the chancellor of +the exchequer can tell his position so far as the exchequer is +concerned; on the first day of every quarter the press is able to +comment on the national income and expenditure up to the evening before. +The annual account is closed on the evening of the 31st of March, and +there can be no reopening of the budget of a past year such as may occur +under other financial systems. The second effect of the system is to +introduce a certain artificiality into the financial statements. Actual +facts cannot be reduced to the simplicity of exchequer figures; there is +always (as already explained) revenue received by government which has +not yet reached the exchequer; and there must always be a considerable +outstanding liability in the form of cheques issued but not yet cashed. +The suggested criticism is, however, met if it can be shown that, on the +whole, the differences between the true revenue and the exchequer +receipts, or between the true (or audited) expenditure and the exchequer +issues, are not, taking one year with another, relatively considerable. +The following figures (000's omitted) illustrate this point:-- + + _Expenditure._ + + +-----------+----------+--------------+------------ + | Year. |Exchequer | Audited | Difference.| + | | Issues. | Expenditure. | | + +-----------+----------+--------------+------------+ + | 1888-1889 | £85,674 | £86,070 | £+396 | + | 1889-1890 | 86,083 | 86,033 | - 50 | + | 1890-1891 | 87,732 | 87,638 | - 94 | + | 1891-1892 | 89,928 | 90,125 | +197 | + | 1892-1893 | 90,375 | 90,164 | -211 | + | 1893-1894 | 91,303 | 91,530 | +227 | + | 1894-1895 | 93,919 | 93,818 | -101 | + | 1895-1896 | 97,764 | 97,667 | - 97 | + | 1896-1897 | 101,477 | 101,543 | + 66 | + | 1897-1898 | 102,936 | 103,010 | + 74 | + +-----------+----------+--------------+------------+ + | Total for |£927,191 | £927,598 | £+407 | + | 10 years | | | | + +-----------+----------+--------------+------------+ + + _Revenue._ + + +-----------+----------+--------------+------------+ + | Year. |Exchequer | Actual | Difference.| + | |Receipts. | Revenue. | | + +-----------+----------+--------------+------------+ + | 1888-1889 | £88,473 | £88,038 | £-435 | + | 1889-1890 | 89,304 | 89,416 | +112 | + | 1890-1891 | 89,489 | 89,282 | -207 | + | 1891-1892 | 90,995 | 91,428 | +433 | + | 1892-1893 | 90,395 | 90,181 | -214 | + | 1893-1894 | 91,133 | 91,265 | +132 | + | 1894-1895 | 94,684 | 94,873 | +189 | + | 1895-1896 | 101,974 | 102,031 | + 57 | + | 1896-1897 | 103,960 | 104,089 | +129 | + | 1897-1898 | 106,614 | 106,691 | + 77 | + +-----------+----------+--------------+------------+ + | Total for | £947,011 | £947,294 | £+273 | + | 10 years | | | | + +-----------+----------+--------------+------------+ + + _Surplus._ + + +-----------+----------=--------------+------------+ + | |Exchequer |Diff. between | | + | Year. | Accounts.| Actual Rev. | Difference.| + | | | and Aud. Exp.| | + +-----------+----------+--------------+------------+ + | 1888-1889 | £2,799 | £1,968 | £-831 | + | 1889-1890 | 3,221 | 3,383 | +162 | + | 1890-1891 | 1,757 | 1,644 | -113 | + | 1891-1892 | 1,067 | 1,303 | +236 | + | 1892-1893 | 20 | 17 | - 3 | + | 1893-1894 | -_170_ | -_265_ | - 95 | + | 1894-1895 | 765 | 1,055 | +290 | + | 1895-1896 | 4,210 | 4,364 | +154 | + | 1896-1897 | 2,473 | 2,546 | + 73 | + | 1897-1898 | 3,678 | 3,681 | + 3 | + +-----------+----------+--------------+------------+ + | Total for | £19,820 | £19,696 | £-124 | + | 10 years | | | | + +-----------+----------+--------------+------------+ + +The third column in the above shows the price which has to be paid (in +the form of discrepancies between facts and figures) for the simplicity +secured to statements and records of the national finance by the present +system embodied in the term exchequer. Probably few will think the price +too high in consideration of the advantages secured. + +The principal official who derives a title from the exchequer in its +living sense is, of course, the chancellor of the exchequer. He is the +person named second in the patent appointing commissions for executing +the office of lord high treasurer of Great Britain and Ireland; but he +is appointed chancellor of the exchequer for Great Britain and +chancellor of the exchequer for Ireland by two additional patents. +Although, in fact, the finance minister of the United Kingdom, he has no +_statutory_ power over the exchequer apart from his position as second +commissioner of the treasury; but in virtue of his office he is by +statute master of the mint, senior commissioner for the reduction of the +national debt, a trustee of the British Museum, an ecclesiastical +commissioner, a member of the board of agriculture, a commissioner of +public works and buildings, local government, and education, a +commissioner for regulating the offices of the House of Commons, and has +certain functions connected with the office of the secretary of state +for India. The only other exchequer officer requiring mention is the +comptroller and auditor-general, whose functions as comptroller-general +of the exchequer have been already described. + +The ancient name of the national banking account has been attached to +two of the forms of unfunded national debt. Exchequer bills, which date +from the reign of William and Mary (they took the place of the tallies, +previously used for the same purpose), became extinct in 1897, but +exchequer bonds (first issued by Mr Gladstone in 1853) still possess a +practical importance. An exchequer bond is a promise by government to +pay a specified sum after a specified period, generally three or five +years, and meanwhile to pay interest half-yearly at a specified rate on +that sum. Government possesses no general power to issue exchequer +bonds; such power is only conferred by a special act, and for specified +purposes; but when the power has been created, exchequer bonds issued in +pursuance of it are governed by general statutory provisions contained +in the Exchequer Bills and Bonds Act 1866, and amending acts. These acts +create machinery for the issue of exchequer bonds and for the payment of +interest thereon, and protect them against forgery. + +Some traces may be mentioned of the ancient uses of the name exchequer +which still remain. The chancellor of the exchequer still presides at +the ceremony of "pricking the list of sheriffs," which is a +quasi-judicial function; and on that occasion he wears a robe of black +silk with gold embroidery, which suggests a judicial costume. In England +the last judge who was styled baron of the exchequer (Baron Pollock) +died in 1897. In Scotland the jurisdiction of the barons of the +exchequer was transferred to the court of session in 1856, but the same +act requires the appointment of one of the judges as "lord ordinary in +exchequer causes," which office still exists. In Ireland Lord Chief +Baron Palles was the last to retain the old title. A street near Dublin +Castle is called Exchequer Street, recalling the separate Irish +exchequer, which ceased in 1817. The old term also survives in the full +title of the treasury representative in Scotland, which is "The King's +and the Lord Treasurer's Remembrancer in Exchequer," while his office in +the historic Parliament Square is styled "Exchequer Chambers." + (S. E. S.-R.) + + BIBLIOGRAPHY.--For the early exchequer Thomas Madox's _History and + Antiquities of the Exchequer_ (London, 1711) remains the standard + authority, and in it the _Dialogus de Scaccario_ of Richard the + Treasurer (1179) was first printed (edited since by A. Hughes, C.G. + Crump and C. Johnson, Oxford, 1902). The publications of the Pipe Roll + Society (London, 1884 et seq.), the Pipe Rolls and Chancellor's Roll, + printed by the Record Commission (London, 1833 and 1844), and H. + Hall's edition of the _Receipt Roll of the Exchequer 31 Henry II._ + (London, 1899) should also be consulted. A popular account is in H. + Hall's _Court Life under the Plantagenets_ (London, 1901), and a + careful study in Dr Parow's thesis, _Compotus Vicecomitis_ (Berlin, + 1906). For the 13th and 14th centuries H. Hall's edition of the _Red + Book of the Exchequer_ (London, Rolls Series, 1896) is essential, as + also the Public Record Office _List of Foreign Accounts_ (London, + 1900). Later practice may be gathered from the similar _List and Index + of Declared Accounts_ (London, 1893), and from such books as Sir T. + Fanshawe's _Practice of the Exchequer Court_, written about A.D. 1600 + (London, 1658); Christopher Vernon's _The Exchequer Opened_ (London, + 1661), or Sir Geoffrey Gilbert's _Treatise on the Court of Exchequer_ + (London, 1758), as well as from the statutes abolishing various + offices in the exchequer. H. Hall's _Antiquities of the Exchequer_ + (London, 1891) gives many interesting details of various dates. For + the Scottish exchequer _The Exchequer Rolls of Scotland_ (Edinburgh, + 1878 et seq.) should be consulted, while Gilbert's book noted above + gives some details on that of Ireland. See also Appendix 13 to the + great account of _Public Income and Expenditure from 1688 to 1869_, in + three volumes, prepared for parliament by H.W. Chisholm (1869); and + for sidelights on the working of the office from 1825 to 1866 the + reminiscences of the same author (the last chief clerk of the + exchequer) in _Temple Bar_ (January to April 1891). + + + + +EXCISE (derived through the Dutch, _excijs_ or _accijs_, possibly from +Late Lat. _accensare_,--ad, to, and census, tax; the word owes something +to a confusion with _excisum_, cut out), a term now well known in public +finance, signifying a duty charged on home goods, either in the process +of their manufacture, or before their sale to the home consumers. This +form of taxation implies a commonwealth somewhat advanced in +manufactures, markets and general riches; and it interferes so directly +with the industry and liberty of the subject that it has seldom been +introduced save in some supreme financial exigency, and has as seldom +been borne, even after long usage, with less than the ordinary +impatience of taxation. Yet excise duties can boast a respectable +antiquity, having a distinct parallel in the _vectigal rerum venalium_ +(or toll levied on all commodities sold by auction, or in public market) +of the Romans. But the Roman excise was mild compared with that of +modern nations, having never been more than _centesima_, or 1%, of the +value; and it was much shorter lived than the modern examples, having +been first imposed by Augustus, reduced for a time one-half by Tiberius, +and finally abolished by Caligula, A.D. 38, so that the Roman excise +cannot have had a duration of much more than half a century. Its +remission must have been deemed a great boon in the marts of Rome, since +it was commemorated by the issue of small brass coins with the legend +_Remissis Centesimis_, specimens of which are still to be found in +collections. + +The history of this branch of revenue in the United Kingdom dates from +the period of the civil wars, when the republican government, following +the example of Holland, established, as a means of defraying the heavy +expenditure of the time, various duties of excise, which the royalists +when restored to power found too convenient or too necessary to be +abandoned, notwithstanding their origin and their general unpopularity. +On the contrary, they were destined to be steadily increased both in +number and in amount. It is curious that the first commodities selected +for excise were those on which this branch of taxation, after great +extension, had again in the period of reform and free trade been in a +manner permanently reduced, viz. malt liquors, and such kindred +beverages as cider perry and spruce beer. The other excise duties +remaining are chiefly in the form of licences, such as to kill game and +to use and carry guns, to sell gold and silver plate, to pursue the +business of appraisers or auctioneers, hawkers or pedlars, pawnbrokers +or patent-medicine vendors, to manufacture tobacco or snuff, to deal in +sweets or in foreign wines, to make vinegar, to roast malt, or to use a +still in chemistry or otherwise. It may be presumed that the policy of +the licence duties was at first not so much to collect revenue, though +in the aggregate they yielded a large sum, as to guard the main sources +of excise, and to place certain classes of dealers, by registration and +an annual payment to the exchequer, under a direct legal responsibility. +The excise system of the United Kingdom as now pruned and reformed, +however, while still the most prolific of all the sources of revenue, is +simple in process, and is contentedly borne as compared with what was +the case in the 18th, and the beginning of the 19th century. The wars +with Bonaparte strained the government resources to the uttermost, and +excise duties were multiplied and increased in every practicable form. +Bricks, candles, calico prints, glass, hides and skins, leather, paper, +salt, soap, and other commodities of home manufacture and consumption +were placed, with their respective industries, under excise surveillance +and fine. When the duties could no longer be increased in number, they +were raised in rate. The duty on British spirits, which had begun at a +few pence per gallon in 1660, rose step by step to 11s. 8¼d. per gallon +in 1820; and the duty on salt was augmented to three or fourfold its +value. + +The old unpopularity of excise, though now somewhat out of date, must +have had real enough grounds. It breaks out in English literature, from +songs and pasquinades to grave political essays and legal commentaries. +Blackstone, in quoting the declaration of parliament in 1649 that +"excise is the most easy and indifferent levy that can be laid upon the +people," adds on his own authority that "from its first original to the +present time its very name has been odious to the people of England" +(book i. cap. 8, tenth edition, 1786); while the definition of "excise" +gravely inserted by Dr Johnson in the _Dictionary_, at the imminent risk +of subjecting the eminent author to a prosecution for libel--viz. "a +hateful tax levied upon commodities, and adjudged not by the common +judges of property, but wretches hired by those to whom excise is +paid"--can hardly be ever forgotten. + +The duties of excise in the United Kingdom were, until the passing of +the Finance Act 1908, under the control of the commissioners of inland +revenue; they are now under the control of the commissioners of customs; +the amount raised, apart from changes in the rate, shows a fairly +constant tendency to increase, and is usually regarded as one of the +best tests of the prosperity of the working classes. + +The _spirit duty_ is levied according to the quantity of "proof spirit" +contained in the product of distillation, and the charge is taken at +three different points in the process of manufacture, the trader being +liable for the result of the highest of the three calculations. What is +known as "proof spirit" is obtained by mixing nearly equal weights of +pure alcohol and water, the quantity of pure alcohol being in bulk about +57% of the whole. Owing to the high rate of duty as compared with the +volume and intrinsic value of the spirits, the whole process of +manufacture is carried on under the close supervision of revenue +officials. All the vessels used are measured by them and are secured +with revenue locks; the premises are under constant survey; and notice +has to be given by the distiller of the materials used and of the +several stages of his operations. Though the charge for duty is raised +at the time when the process of distillation is completed, the duty is +not actually paid until the spirits are required for consumption. In the +meanwhile they may be retained in an approved "warehouse," which is also +subject to close supervision. + +The _beer duty_ dates from 1880, in which year it was substituted for +the duty on malt. The specific gravity of the worts depends chiefly on +the amount of sugar which they contain, and is ascertained by the +saccharometer. + +Excise _licences_ may be divided into--(a) licences for the sale or +manufacture of excisable liquors, (b) licences for other trades, such as +tobacco dealers or manufacturers, auctioneers, pawnbrokers, &c., (c) +licences for male servants, carriages, motors and armorial bearings, and +(d) gun, game and dog licences. Nearly the whole of the licence duties +is paid over to the local taxation account. + +The _railway passenger duty_, which was made an excise duty by the +Railway Passenger Duty Act 1847, applies only to Great Britain. It is +levied on all passenger fares exceeding 1d. per mile, the rate being 2% +on urban and 5% on other traffic. + +The other items which go to make up the excise revenue are the charges +on deliveries from bonded warehouses, and the duties on coffee mixture +labels and on chicory. + + For more detailed information reference should be made to Highmore's + _Excise Laws_, and the annual reports of the commissioners of inland + revenue, especially those issued in 1870 and 1885. See also TAXATION; + ENGLISH FINANCE. + + + + +EXCOMMUNICATION (Lat. _ex_, out of, away from; _communis_, common), the +judicial exclusion of offenders from the rights and privileges of the +religious community to which they belong. The history of the practice of +excommunication may be traced through (1) pagan analogues, (2) Hebrew +custom, (3) primitive Christian practice, (4) medieval and monastic +usage, (5) modern survivals in existing Christian churches. + +1. Among pagan analogues are the Gr. [Greek: chernibôn eirgesthai] +(Demosth. 505, 14), the exclusion of an offender from purification with +holy water. This exclusion was enforced in the case of persons whose +hands were defiled with bloodshed. Its consequences are described Aesch. +_Choëph._ 283, _Eum._ 625 f., Soph. _Oed. Tyr._ 236 ff. The Roman +_exsecratio_ and diris _devotio_ was a solemn pronouncement of a +religious curse by priests, intended to call down the divine wrath upon +enemies, and to devote them to destruction by powers human and divine. +The Druids claimed the dread power of excluding offenders from sacrifice +(Caes. _B.G._ vi. 13). Primitive Semitic customs recognize that when +persons are laid under a ban or taboo (_herem_) restrictions are imposed +on contact with them, and that the breach of these involves supernatural +dangers. Impious sinners, or enemies of the community and its god, might +be devoted to utter destruction. + +2. _Hebrew Custom._--In a theocracy excommunication is necessarily both +a civil and a religious penalty. The word used in the New Testament to +describe an excommunicated person, [Greek: anathema](1 Cor. xvi. 22, +Gal. i. 8-9, Rom. ix. 3), is the Septuagint rendering of the Hebrew +_herem_. The word means "set apart" (cf. HAREM), and does not +distinguish originally between things set apart because devoted to God +and things devoted to destruction. Lev. xxvii. 16-34 defines the law for +dealing with "devoted" things; according to v. 28 "No devoted thing that +a man shall devote unto the Lord, of all that he hath, whether of man or +beast, or of the field of his possession, shall be sold or redeemed. +None devoted shall be ransomed, he shall surely be put to death." As in +Greece and Rome whole cities or nations might be devoted to destruction +by pronouncement of a ban (Numbers xxi. 2, 3, Deut. ii. 34, iii. 6, vii. +2). Occasionally Israelites as well as aliens fall under the curse +(Judg. xxi. 5, 11). A milder form of penalty was the temporary +separation or seclusion (_niddah_) prescribed for ceremonial +uncleanness. This was the ordinary form of religious discipline. In the +time of Ezra the Jewish "magistrates and judges" among their +ecclesiastico-civil functions have the right of pronouncing sentence +whether it be unto death, or to "rooting out," or to confiscation of +goods, or to imprisonment (Ezra vii. 26). There is also a lighter form +of excommunication which "devotes" the goods of an offender, but only +separates him from the congregation. Both major and minor kinds of +excommunication are recognized by the Talmud. The lesser (_niddah_) +involved exclusion from the synagogue for thirty days, and other +penalties, and might be renewed if the offender remained impenitent. The +major excommunication (_herem_) excluded from the Temple as well as the +synagogue and from all association with the faithful. Spinoza was +excommunicated (July 16, 1656) for contempt of the law. Seldon (_De jure +nat. et gen._, iv. 7) gives the text of the curse pronounced on the +culprit. The _Exemplar Humanae Vitae_ of Uriel d'Acosta also deserves +reference. The practice of the Jewish courts in New Testament times may +be inferred from certain passages in the Gospels. Luke vi. 22, John ix. +22, xii. 42 indicate that exclusion from the synagogue was a recognized +penalty, and that it was probably inflicted on those who confessed Jesus +as the Christ. John xvi. 2 ("Whosoever killeth you," &c.) may point to +the power of inflicting the major penalty. The Talmud itself says that +the judgment of capital cases was taken away from Israel forty years +before the destruction of the Temple. "Forty" is probably a round number +without historical value, but the circumstance recorded by this +tradition and confirmed by the evangelist's account of the trial of +Jesus is historical, and is to be regarded as one of several +restrictions imposed on the Jewish courts in the time of the Roman +procurators. + +3. _Primitive Christian Practice._--The use of excommunication as a form +of Christian discipline is based on the precept of Christ and on +apostolic practice. The general principles which govern the exclusion of +members from a religious community may be gathered from the New +Testament writings. Matt. xviii. 15-17 prescribes a threefold +admonition, first privately, then in the presence of witnesses (cf. +Titus iii. 10), then before the church. This is a graded procedure as in +the Jewish synagogue and makes exclusion a last resort. Nothing is said +as to the nature and effects of excommunication. The tone of the passage +when compared with the disciplinary methods of the synagogue indicates +that its purpose was to introduce elements of reason and moral suasion +in place of sterner methods. Its object is rather the protection of the +church than the punishment of the sinner. The offender is only treated +as a heathen and publican when the purity and safety of the church +demand it. In the _locus classicus_ on this subject (1 Cor. v. 5) Paul +refers to a formal meeting of the Corinthian church at which the +incestuous person is "delivered unto Satan for the destruction of the +flesh that the spirit may be saved in the day of the Lord Jesus." These +are mysterious words implying (1) a formal ecclesiastical censure, (2) a +physical penalty, (3) the hope of a spiritual result. The form of +penalty which would meet these conditions is not explained. There is a +reference in 2 Cor. ii. 6-11 to a case of discipline which may or may +not be the same. If it be the same it indicates that the excommunication +had not been final; the offender had been received back. If it be not +the same it shows the Corinthian church exercising discipline +independently of apostolic advice. Up to this point there is no +established formal practice. 1 Tim. i. 20 ("Hymenaeus and Alexander whom +I delivered unto Satan that they might be taught not to blaspheme") +seems to refer to an excommunication, but it does not appear whether the +apostle had acted as representing a church, nor is there anything to +explain the exact consequences or limits of the deliverance to Satan. 1 +Cor. xvi. 22, Gal. i. 8, 9, Rom. ix. 3 refer to the practice of +regarding a person as anathema. Taking these passages as a whole they +seem to point to an exclusion from church fellowship rather than to a +final cutting off from the hope of salvation. In the pastoral letters +there is already a formal and recognized method of procedure in cases of +church discipline. 1 Tim. v. 19, 20 requires two or three witnesses in +the case of an accusation against an elder, and a public reproof. Tit. +iii. 20 recognizes a factious spirit as a reason for excommunication +after two admonitions (cf. Tim. vi. and 2 John v. 10). In 3 John v. 9-10 +Diotrephes appears to have secured an excommunication by the action of a +party in the church. It is clear from these illustrations that within +the New Testament there is development from spontaneous towards strictly +regulated methods; also that the use of excommunication is chiefly for +disciplinary and protective rather than punitive purposes. A process +which is intended to produce penitence and ultimate restoration cannot +at the same time contemplate handing the offender over to eternal +punishment. + +4. _Medieval and Monastic Usage._--The writings of the church Fathers +give sufficient evidence that two degrees of excommunication, the +[Greek: aphorismos] and the [Greek: aphorismos pantelês], as they were +generally called, were in use during, or at least soon after, the +apostolic age. The former, which involved exclusion from participation +in the eucharistic service and from the eucharist itself, though not +from the so-called "service of the catechumens," was the usual +punishment of comparatively light offences; the latter, which was the +penalty for graver scandals, involved "exclusion from all church +privileges,"--a vague expression which has sometimes been interpreted as +meaning total exclusion from the very precincts of the church building +(_inter hiemantes orare_) and from the favour of God (Bingham, +_Antiquities of Christian Church_, xvi. 2. 16). For some sins, such as +adultery, the sentence of excommunication was in the 2nd century +regarded as [Greek: pantelês] in the sense of being irrevocable. +Difference of opinion as to the absolutely "irremissible" character of +mortal sins led to the important controversy associated with the names +of Zephyrinus, Tertullian, Calistus, Hippolytus, Cyprian and Novatian, +in which the stricter and more montanistic party held that for those who +had been guilty of such sins as theft, fraud, denial of the faith, there +should be no restoration to church fellowship even in the hour of death. +On this point the provincial synods of Illiberis (Elvira) in 305 and of +Ancyra in 315 subsequently came to conflicting decisions, the council of +Elvira forbidding the reception of offenders into communion during life, +and the council of Ancyra fixing a limit to the penalty in the same +cases. But the excommunication was on all hands regarded as being +"medicinal" in its character. It is noteworthy that the word [Greek: +anathema] had fallen into disuse about the beginning of the 4th century, +and that, throughout the same period, no instance of the judicial use of +the phrase [Greek: paradounai tô Satana] can be found. + +A new chapter in the history of the church censure may be said to have +begun with the publication of those imperial edicts against heresy, the +first of which, _De summa trinitate et fide catholica_, dates from 380. +Till then exclusion from church privileges had been a spiritual +discipline merely; thenceforward it was to expose a man to serious +temporal risks. Excommunication still continued to be occasionally used +in the spirit of genuine Christian fidelity, as by Ambrose in the case +of Theodosius himself (390); but the temptation to wield it as an +instrument of secular tyranny too often proved to be irresistible. The +church fell back on carnal weapons in her warfare and invoked the +secular powers to uphold the ecclesiastical. In the formula used by +Synesius (410) which is to be found in Bingham's _Antiquities_, we +already find the attention of magistrates specially called to the +censured person. The history of the next thousand years shows that the +magistrates were seldom slow to respond to the appeal. Even the hastiest +survey of that long and interesting period enables the student to notice +a marked development in the theory and practice of excommunication. One +or two points may be specially noted. (1) When the Empire became +nominally Christian and the quality of the church life was sacrificed to +the quantity of its adherents, the original character of excommunication +was lost. The power of excommunication was transferred from the +community to the bishop, and was liable to abuse from personal motives: +Gregory the Great rebukes a bishop for using for private ends power +conferred for the public good (_Epist._ ii. 34). Excommunication became +a common penalty applied in numberless cases (see the _Penitential_ of +Archbishop Theodosius: Haddan and Stubbs, _Councils and Documents_, iii. +1737), and was invested with superstitious terrors. (2) While it had +been held as an undoubted principle by the ancient church that this +sentence could only be passed on living individuals whose fault had been +distinctly stated and fully proved, we find the medieval church on the +one hand sanctioning the practice of excommunication of the dead +(Morinus, _De poenit._ x. c. 9), and, on the other hand, by means of the +papal interdict, excluding whole countries and kingdoms at once from the +means of grace. The earliest well-authenticated instance of such an +interdict is that which was passed (998) by Pope Gregory V. on France, +in consequence of the contumacy of King Robert the Wise. Other instances +are those laid respectively on Germany in 1102 by Gregory VII. +(Hildebrand), on England in 1208 by Innocent III., on Rome itself in +1155 by Adrian IV. (3) While in the ancient church the language used in +excommunicating had been carefully measured, we find an amazing +recklessness in the phraseology employed by the medieval clergy. The +curse of Ernulphus or Arnulphus of Rochester (c. 1100), often quoted by +students of English literature, is a very fair specimen of that class of +composition. With it may be compared the formula transcribed by Dr +Burton in his _History of Scotland_ (iii. 317 ff.). To the spoken word +was added the language of symbol. By means of lighted candles violently +dashed to the ground and extinguished the faithful were graphically +taught the meaning of the greater excommunication--though in a somewhat +misleading way, for it is a fundamental principle of the canon law that +_disciplina est excommunicatio, non eradicatio_. The first instance, +however, of excommunication by "bell, book and candle" is comparatively +late (c. 1190). + +5. _Modem Survivals in Existing Christian Churches._--At the Reformation +the necessity for church discipline did not cease to be recognized; but +the administration of it in many Reformed churches has passed through a +period of some confusion. In some instances the old episcopal power +passed more or less into the hands of the civil magistrate (a state of +matters which was highly approved by Erastus and his followers), in +other cases it was conceded to the presbyterial courts. In the Anglican +Church the bishops (subject to appeal to the sovereign) have the right +of excommunicating, and their sentence, if sustained, may in certain +cases carry with it civil consequences. But this right is in practice +never exercised. In the law of England sentence of excommunication, upon +being properly certified by the bishop, was followed by the writ _de +excommunicato capiendo_ for the arrest of the offender. The statute 5 +Eliz. c. 23 provided for the better execution of this writ. By the 53 +Geo. III. c. 127 (which does not, however, extend to Ireland) it was +enacted that "excommunication, together with all proceedings following +thereupon, shall in all cases, save those hereafter to be specified, be +discontinued." Disobedience to or contempt of the ecclesiastical courts +is to be punished by a new writ, _de contumace capiendo_, to follow on +the certificate of the judge that the defender is contumacious and in +contempt. Sect. 2 provides that nothing shall prevent "any +ecclesiastical court from pronouncing or declaring persons to be +excommunicate on definite sentences pronounced as spiritual censures for +offences of ecclesiastical cognizance." No persons so excommunicated +shall incur any civil penalty or incapacity whatever, save such +sentence of imprisonment, not exceeding six months, as the court shall +direct and certify to the king in chancery. + +In the churches which consciously shaped their polity at or after the +Reformation the principle of excommunication is preserved in the +practice of church discipline. Calvin devotes a chapter in the +_Institutes_ (bk. iv. chap. xii.) to the "Discipline of the Church; its +Principal Use in Censure and Excommunication." The three ends proposed +by the church in such discipline are there stated to be, (1) that those +who lead scandalous lives may not to the dishonour of God be numbered +among Christians, seeing that the church is the body of Christ; (2) that +the good may not be corrupted by constant association with the wicked; +(3) that those who are censured or excommunicated, confounded with +shame, may be led to repentance. He differentiates decisively between +excommunication and anathema. "When Christ promises that what his +ministers bind on earth shall be bound in heaven, he limits the power of +binding to the censure of the church; by which those who are +excommunicated are not cast into eternal ruin and condemnation, but by +having their life and conduct condemned are also certified of their +final condemnation unless they repent. For excommunication differs from +anathema: anathema which ought to be very rarely, or never, resorted to, +in precluding all pardon, execrates a person, and devotes him to eternal +perdition: whereas excommunication rather censures and punishes his +conduct. Yet in such a manner by warning him of his future condemnation +it recalls him to salvation" (_Inst._ bk. iv. chap. xii. 10). The +Reformed churches in England and America accepted the distinction +between public and private offences. The usual provision is that private +offences are to be dealt with according to the rule in Matt. v. 23-24, +xviii. 15-17; public offences are to be dealt with according to the rule +in 1 Cor. v. 3-5, 13. The public expulsion or suspension of the offender +is necessary for the good repute of the church, and its influence over +the faithful members. The expelled member may be readmitted on showing +the fruits of repentance. + +In Scotland three degrees of church censure are recognized--admonition, +suspension from sealing ordinances (which may be called temporary +excommunication), and excommunication properly so-called. Intimation of +the last-named censure may occasionally (but very rarely) be given by +authority of a presbytery in a public and solemn manner, according to +the following formula:--"Whereas thou N. hast been by sufficient proof +convicted (here mention the sin) and after due admonition and prayer +remainest obstinate without any evidence or sign of true repentance: +Therefore in the name of the Lord Jesus Christ, and before this +congregation, I pronounce and declare thee N. excommunicated, shut out +from the communion of the faithful, debar thee from privileges, and +deliver thee unto Satan for the destruction of thy flesh, that thy +spirit may be saved in the day of the Lord Jesus." This is called the +greater excommunication. The congregation are thereafter warned to shun +all unnecessary converse with the excommunicate (see _Form of Process_, +c. 8). Formerly excommunicated persons were deprived of feudal rights in +Scotland; but in 1690 all acts enjoining civil pains upon sentences of +excommunication were finally repealed (Burton's _History_, vii. 435). + +The question whether the power of excommunication rests in the church or +in the clergy has been an important one in the history of English and +American churches. Hooker lays down (_Survey_, pt. 3, pp. 33-46) four +necessary conditions for the execution of a sentence involving church +discipline. "(1) The cause exactly recorded is fully and nakedly to be +presented to the consideration of the congregation. (2) The elders are +to go before the congregation in laying open the rule so far as reacheth +any particular now to be considered, and to express their judgment and +determination thereof, so far as appertains to themselves. (3) Unless +the people be able to convince them of errors and mistakes in their +sentence, they are bound to joyn their judgment with theirs to the +compleating of the sentence. (4) The sentence thus compleatly issued is +to be solemnly passed and pronounced upon the delinquent by the ruling +Elder whether it be of censure or excommunication." In this passage it +is clear that the effective power of discipline is regarded as being +wholly in the power of the individual church or congregation. Hooker +expressly denies the power of synods to excommunicate: "that there +should be Synods, which have _potestatem juridicam_ is nowhere proved in +Scripture because it is not a truth" (_Survey_, pt. 4, pp. 48, 49). + +The confession of faith issued by the London-Amsterdam church (the +original of the Pilgrim Fathers' churches) in 1596 declares that the +Christian congregation having power to elect its minister has also power +to excommunicate him if the case so require (Walker, _Creeds and +Platforms of Congregationalism_, p. 66). In 1603 the document known as +"Points of Difference" (i.e. from the established Anglicanism) submitted +to James I. sets forth: "That all particular Churches ought to be so +constituted as, having their owne peculiar Officers, the whole body of +every Church may meet together in one place, and jointly performe their +duties to God and one towards another. And that the censures of +admonition and excommunication be in due manner executed, for sinne, +convicted, and obstinately stood in. This power also to be in the body +of the Church whereof the partyes so offending and persisting are +members." The _Cambridge Platform_ of 1648 by which the New England +churches defined their practice, devotes ch. xiv. to "excommunication +and other censures." It follows in the main the line of Hooker and +Calvin, but adds (§ 6) an important definition: "Excommunication being a +spirituall punishment it doth not prejudice the excommunicate in, nor +deprive him of his _civil_ rights, therfore toucheth not princes, or +other magistrates, in point of their civil dignity or authority. And, +the excommunicate being but as a publican and a heathen, heathen being +lawfully permitted to come to hear the word in church assemblyes; wee +acknowledg therfore the like liberty of hearing the word, may be +permitted to persons excommunicate, that is permitted unto heathen. And +because wee are not without hope of his recovery, wee are not to account +him as an enemy but to admonish him as a brother." The Savoy Declaration +of 1658 defines the theory and practice of the older English +Nonconformist churches in the section on the "Institution of Churches +and the Order appointed in them by Jesus Christ" (xix.). The important +article is as follows:--"The Censures so appointed by Christ, are +Admonition and Excommunication; and whereas some offences are or may be +known onely to some, it is appointed by Christ, that those to whom they +are so known, do first admonish the offender in private: in publique +offences where any sin, before all; or in case of non-amendment upon +private admonition, the offence being related to the Church, and the +offender not manifesting his repentance, he is to be duely admonished in +the Name of Christ by the whole Church, by the Ministery of the Elders +of the Church, and if this Censure prevail not for his repentance, then +he is to be cast out by Excommunication with the consent of the Church." + +In contemporary English Free Churches the purity of the church is +commonly secured by the removal of persons unsuitable for membership +from the church books by a vote of the responsible authority. + (D. Mn.) + + + + +EXCRETION (Lat. _ex_, out of, _cernere_, _cretum_, to separate), in +plant and animal physiology, the separation from an organ of some +substance, also the substance separated. The term usually refers to the +separation of waste or harmful products, as distinguished from +"secretion," which refers to products that play a useful or necessary +part in the functions of the organism. + + + + +EXECUTION (from Lat. _ex-sequor_, _exsecutus_, follow or carry out), the +carrying into effect of anything, whether a rite, a piece of music, an +office, &c.; and so sometimes involving a notion of skill in the +performance. Technically, the word is used in law in the _execution_ of +a deed (its formal signing and sealing), an _execution_ (see below) by +the sheriff's officers under a "writ of execution" (the enforcement of a +judgment on a debtor's goods); and _execution of death_ has been +shortened to the one word to denote CAPITAL PUNISHMENT (q.v.). + +_Civil Execution_ may be defined as the process by which the judgments +or orders of courts of law are made effectual. In Roman law the earliest +mode of execution was the seizure, legalized by the _actio per manus +injectionem_, of the debtor as a slave of the creditor. During the later +Republic, imprisonment took the place of slavery. Under the régime of +the _actio per manus injectionem_, the debtor might dispute the +debt--the issue being raised by his finding a substitute (_vindex_) to +conduct the case for him. By the time of Gaius (iv. 25) the _actio per +manus injectionem_ had been superseded by the _actio judicati_, the +object of which was to enable the creditor to take payment of the debt +or compel the debtor to find security (_pignus in causa judicati captum: +Cautio judicatum solvi_), and in A.D. 320 Constantine abolished +imprisonment for debt, unless the debtor were contumacious. The time +allowed for payment of a judgment debt was by the XII. Tables 30 days; +it was afterwards extended to two months, and ultimately, by Justinian, +to four months. The next stage in the Roman law of execution was the +recognition of bankruptcy either against the will of the bankrupt +(_missio in bona_) or on the application of the bankrupt (_cessio +bonorum_; and see BANKRUPTCY). Lastly, in the time of Antoninus Pius, +judgment debts were directly enforced by the seizure and sale of the +debtor's property. Slaves, oxen and implements of husbandry were +privileged; and movable property was to be exhausted before recourse was +had to land (see Hunter, _Roman Law_, 4th ed. pp. 1029 et seq., Sohm, +_Inst. Rom. Law_, 2nd ed. pp. 302-305). + + GREAT BRITAIN.--The English law of execution is very complicated, and + only a statement of the principal processes can here be attempted. + + _High Court.--Fieri Facias._ A judgment for the recovery of money or + costs is enforced, as a rule, by writ of _fieri facias_ addressed to + the sheriff, and directing him to cause to be made (_fieri facias_) of + the goods and chattels of the debtor a levy of a sum sufficient to + satisfy the judgment and costs, which carry interest at 4% per annum. + The seizure effected by the sheriff or his officer, under this writ, + of the property of the debtor, is what is popularly known as "the + putting-in" of an execution. The seizure should be carried out with + all possible despatch. The sheriff or his officer must not break open + the debtor's house in effecting a seizure, for "a man's house is his + castle" (_Semayne's Case_ [1604], 5 Coke Rep. 91); but this principle + applies only to a dwelling-house, and a barn or outhouse unconnected + with the dwelling-house may be broken into. The sheriff on receipt of + the writ endorses on it the day, hour, month and year when he received + it; and the writ binds the debtor's goods as at the date of its + delivery, except as regards goods sold before seizure in market overt, + or purchased for value, without notice before actual seizure (Sale of + Goods Act 1893, s. 26, which supersedes s. 16 of the Statute of Frauds + and s. 1 of the Mercantile Law Amendment Act 1856). This rule is + limited to goods, and does not apply to the money or bank notes of the + debtor which are not bound by the writ till seized under it (_Johnson_ + v. _Pickering_, Oct. 14, 1907, C.A.). The mere seizure of the goods, + however, although, subject to such exceptions as those just stated, it + binds the interest of the debtor, and gives the sheriff such an + interest in the goods as will enable him to sue for the recovery of + their possession, does not pass the property in the goods to the + sheriff. The goods are in the custody of the law. But the property + remains in the debtor who may get rid of the execution on payment of + the claim and fees of the sheriff [as to which see Sheriffs Act 1887, + s. 20, and order of 21st of August 1888, _Annual Practice_ (1908), + vol. ii. p. 278]. The wearing apparel, bedding, tools, &c., of the + debtor to the value of £5 are protected. Competing claims as to the + ownership of the goods seized are brought before the courts by the + procedure of "interpleader." After seizure, the sheriff must retain + possession, and, in default of payment by the execution debtor, + proceed to sell. Where the judgment debt, including legal expenses, + exceeds £20, the sale must be by public auction, unless the Court + otherwise orders, and must be publicly advertised. The proceeds of + sale, after deduction of the sheriff's fees and expenses, become the + property of the execution creditor to the extent of his claim. The + Bankruptcy Act 1890 (53 & 54 Vict. c. 71, s. 11 [2]) requires the + sheriff in case of sale under a judgment for a sum exceeding £20 to + hold the proceeds for 14 days in case notice of bankruptcy proceedings + should be served upon him (see BANKRUPTCY). The form of the writ of + _fieri facias_ requires the sheriff to make a return to the writ. In + practice this is seldom done unless the execution has been ineffective + or there has been delay in the execution of the writ; but the judgment + creditor may obtain an order calling on the sheriff to make a return. + A sheriff or his officer, who is guilty of extortion in the execution + of the writ, is liable to committal for contempt, and to forfeit £200 + and pay all damages suffered by the person aggrieved (Sheriffs Act + 1887 [50 & 51 Vict. c. 55], s. 29 [2]), besides being civilly liable + to such person. Imprisonment for debt in execution of civil judgments + is now abolished except in cases of default in the nature of + contempt, unsatisfied judgments for penalties, defaults by persons in + a fiduciary character, and defaults by judgment debtors (Debtors Act + 1869 [32 & 33 Vict. c. 62]; Bankruptcy Act 1883 [46 & 47 Vict. c. 52], + ss. 53, 103). Imprisonment for debt has been abolished within similar + limits in Scotland (Debtors [Scotland] Act 1880 [43 & 44 Vict. c. 34] + and Ireland, Debtors [Ireland] Act 1872, 35 & 36 Vict. c. 57). There + may still be imprisonment in England, under the writ--rarely used in + practice--_ne exeat regno_, which issues to prevent a debtor from + leaving the kingdom. + + _Writ of Elegit._--The writ of _elegit_ is a process enabling the + creditor to satisfy his judgment debt out of the lands of the debtor. + It derives its name from the election of the creditor in favour of + this mode of recovery. It is founded on the Statute of Westminster + (1285, 13 Ed. I. c. 18), under which the sheriff was required to + deliver to the creditor all the chattels (except oxen and beasts of + the plough) and _half_ the lands of the debtor until the debt was + satisfied. By the Judgments Act 1838 the remedy was extended to _all_ + the debtor's lands, and by the Bankruptcy Act 1883 the writ no longer + extends to the debtor's goods. The writ is enforceable against legal + interests whether in possession or remainder (_Hood-Barrs_ v. + _Cathcart_, 1895, 2 Ch. 411), but not against equitable interests in + land (_Earl of Jersey_ v. _Uxbridge Rural Sanitary Authority_, 1891, 3 + Ch. 183). When the debtor's interest is equitable, recourse is had to + equitable execution by the appointment of a receiver or to bankruptcy + proceedings. + + The writ is directed to the sheriff, who, after marking on it the date + of its receipt, at once in pursuance of its directions holds an + inquiry with a jury as to the nature and value of the interest of the + debtor in the lands extended under the writ, and delivers to the + creditor at a reasonable price and extent in accordance with the writ, + the lands of which the debtor was possessed in the bailiwick. When the + sheriff has returned and filed a record (in the central office of the + High Court) of the writ and the execution thereof, the execution + creditor becomes "tenant to the elegit." Where the land is freehold + the creditor acquires only a chattel interest in it; where the land is + leasehold he acquires the whole of the debtor's interest (_Johns_ v. + _Pink_, 1900, 1 Ch. 296). The creditor is entitled to hold the land + till his debt is satisfied, or enough to satisfy it is tendered to + him, and under the Judgments Act 1864 the creditor may obtain an order + for sale. Until the land is delivered on execution and the writs which + have effected the delivery are registered in the Land Registry, the + judgment does not create any charge on the land so as to fetter the + debtor's power of dealing with it. Land Charges Registration Acts 1888 + and 1900. (See R.S.C., O. xliii.) + + _Writs of Possession and Delivery._--Judgments for the recovery or for + the delivery of the possession of land are enforceable by writ of + possession. The recovery of specific chattels is obtained by writ of + delivery (R.S.C., O. xlvii., xlviii.). + + _Writ of Sequestration._--Where a judgment directing the payment of + money into court, or the performance by the defendant of any act + within a limited time, has not been complied with, or where a + corporation has wilfully disobeyed a judgment, a writ of sequestration + is issued, to not less than four sequestrators, ordering them to enter + upon the real estate of the party in default, and "sequester" the + rents and profits until the judgment has been obeyed (R.S.C., O. + xliii. r. 6). + + _Equitable Execution._--Where a judgment creditor is otherwise unable + to reach the property of his debtor he may obtain equitable execution, + usually by the appointment of a receiver, who collects the rents and + profits of the debtor's land for the benefit of the creditor (R.S.C., + O. l. rr. 15A-22). But receivers may be appointed of interests in + personal property belonging to the debtor by virtue of the Judicature + Act 1873, s. 25 (8). + + _Attachment._--A judgment creditor may "attach" debts due by third + parties to his debtor by what are known as garnishee proceedings. + Stock and shares belonging to a judgment debtor may be charged by a + charging order, so as, in the first instance, to prevent transfer of + the stock or payment of the dividends, and ultimately to enable the + judgment creditor to realise his charge. A writ of attachment of the + person of a defaulting debtor or party may be obtained in a variety of + cases akin to contempt (e.g. against a person failing to comply with + an order to answer interrogatories, or against a solicitor not + entering an appearance in an action, in breach of his written + undertaking to do so), and in the cases where imprisonment for debt is + still preserved by the Debtors Act 1869 (R.S.C., O. xliv.). CONTEMPT + OF COURT (q.v.) in its ordinary forms is also punishable by summary + committal. + + _County Courts._--In the county courts the chief modes of execution + are "warrant of execution in the nature of a writ of _fieri facias_"; + garnishee proceedings; equitable execution; warrants of possession and + delivery, corresponding to the writs of possession and delivery above + mentioned; committal, where a judgment debtor has, or, since the date + of the judgment has had, means to pay his debt; and attachment of the + person for contempt of court. If the judgment debtor assaults the + bailiff or his officer or rescues the goods, he is liable to a fine + not exceeding £5. + + SCOTLAND.--The principal modes of execution or "diligence" in Scots + law are (i.) Arrestment and furthcoming, which corresponds to the + English garnishee proceedings; (ii.) arrestment _jurisdictionis + fundandae causa_, i.e. the seizure of movables within the jurisdiction + to found jurisdiction against their owner, being a foreigner; this + precedure, which is not, however, strictly a "diligence," as it does + not bind the goods, is analogous to the French _saisie-arrêt_, and to + the obsolete practice in the mayor's court of London known as "foreign + attachment" (see Glyn and Jackson, _Mayor's Court Practice_, 2nd ed., + vii. 260); (iii.) arrestment under _meditatione fugae_ warrant, + corresponding to the old English writ of _ne exeat regno_, and + applicable in the case of a debtor who intends to leave Scotland to + evade an action; (iv.) arrestment on dependence, i.e. of funds in + security; (v.) poinding, i.e. valuation and sale of the debtor's + goods; (vi.) sequestration, e.g. of tenant's effects under a + landlord's hypothec for rent; (vii.) action of adjudication, by which + a debtor's "heritable" (i.e. real) estate is transferred to his + judgment creditor in satisfaction of his debt or security therefor. In + Scots law "multiplepoinding" is the equivalent of "interpleader." + + IRELAND.--The law of execution in Ireland (see R.S.C., 1905, Orders + xli.-xlviii.) is practically the same as in England. + + BRITISH POSSESSIONS.--The Judicature Acts of most of the Colonies + have also adopted English Law. Parts of the French _Code de procédure + civile_ are still in force in Mauritius. But its provisions have been + modified by local enactment (No. 19 of 1868) as regards realty, and + the rules of the Supreme Court 1903 have introduced the English forms + of writs. Quebec and St Lucia, where French law formerly prevailed, + have now their own codes of Civil Procedure. The law of execution + under the Quebec Code resembles the French, that under the St Lucia + Code the English system. In British Guiana and Ceylon, in which Roman + Dutch law in one form or another prevailed, the English law of + execution has now in substance been adopted (British Guiana Rules of + Court, 1900, Order xxxvi.)., Ceylon (Code of Civil Procedure, No. 2 of + 1889); the modes of execution in the South African Colonies are also + the subject of local enactment, largely influenced by English law (cf. + the Sheriffs' Ordinance, 1902, No. 9 of 1902), (Orange River Colony) + and (Proclamation 17 of 1902), Transvaal (Nathan, _Common Law of South + Africa_, vol. iv. p. 2206); and generally, Van Zyl, _Judicial Practice + of South Africa_, pp. 198 et seq. + + UNITED STATES.--Execution in the United States is founded upon English + law, which it closely resembles. Substantially the same forms of + execution are in force. The provisions of the Statute of Frauds making + the lien of execution attach only on delivery to the sheriff were + generally adopted in America, and are still law in many of the states. + The law as to the rights and duties of sheriffs is substantially the + same as in England. The "homestead laws" (q.v.) which are in force in + nearly all the American States exempt a certain amount or value of + real estate occupied by a debtor as his homestead from a forced sale + for the payment of his debts. This homestead legislation has been + copied in some British colonies, e.g. Western Australia (No. 37 of + 1898, Pt. viii.), Quebec (Rev. Stats., ss. 1743-1748), Manitoba (Rev. + Stats., 1902, c. 58, s. 29, c. 21, s. 9), Ontario (Rev. Stats., 1897, + c. 29), British Columbia (Rev. Stats., 1897, c. 93), New South Wales + (Crown Lands Act 1895, Pt. iii.), New Zealand (Family Homes Protection + Act 1895, No. 20 of 1895). + + FRANCE.--Provisional execution (_saisie-arrêt_) with a view to obtain + security has been already mentioned. Execution against personalty + (_saisie-exécution_) is preceded by a _commandement_ or summons, + personally served upon, or left at the domicile of the debtor calling + on him to pay. The necessary bedding of debtors and of their children + residing with them, and the clothes worn by them, cannot be seized in + execution under any circumstances. Objects declared by law to be + immovable by destination (_immeubles par destination_), such as beasts + of burden and agricultural implements, books relating to the debtor's + profession, to the value of 300 francs, workmen's tools, military + equipments, provisions and certain cattle cannot be seized, even for a + debt due to Government, unless in respect of provisions furnished to + the debtor, or amounts due to the manufacturers or vendors of + protected articles or to parties who advanced moneys to purchase, + manufacture or repair them. Growing fruits cannot be seized except + during the six weeks preceding the ordinary period when they become + ripe. Execution against immovable property (_la saisie immobilière_) + is preceded also by a summons to pay, and execution cannot issue until + the expiry of 30 days after service of such summons (see further Code + Proc. Civ., Arts. 673-689). Imprisonment for debt was abolished in all + civil and commercial matters by the law of 22nd of July 1867, which + extends to foreigners. It still subsists in favour of the State for + non-payment of fines, &c. The French system is in substance in force + in Belgium (Code Civ. Proc., Arts. 51 et seq.), the Netherlands (Code + Civ. Proc., Arts. 430 et seq.), Italy (Code Civ. Proc., Arts. 553 et + seq., 659 et seq.), and Spain. + + GERMANY.--Under the German Code of Civil Procedure (Arts. 796 et + seq.), both the goods and (if the goods do not offer adequate + security) the person of the debtor may be seized (the process is + called _arrest_) as a guarantee of payment. The debtor's goods cannot + be sold except in pursuance of a judgment notified to the debtor + either before or within a prescribed period after the execution (Art. + 809 [3], and law of 30th of April 1886). Imprisonment for debt in + civil and commercial matters has been abolished or limited on the + lines of the French law of 1867 in many countries (e.g. Italy, law of + the 6th of December 1877; Belgium, law of the 27th of July 1871; + Greece, law of the 9th of March 1900; Russia, decree of the 7th of + March 1879). + + AUTHORITIES.--Anderson, _Execution_ (London, 1889); _Annual Practice_ + (London, 1908); Johnston Edwards, _Execution_ (London, 1888); Mather, + _Sheriff Law_ (London, 1903). As to Scots law, Mackay, _Manual of + Practice_ (Edinburgh, 1893). As to American law, Bingham, _Judgments + and Executions_ (Philadelphia, 1836); A.C. Freeman, _Law of + Execution_, Civil Cases (3rd ed., San Francisco, 1900); H.M. Herman, + _Law of Executions_ (New York, 1875); American Notes to _tit._ + "Execution," in _Ruling Cases_ (London and Boston, 1897); Bouvier, + _Law Dict._, ed. Rawle (1897), s.v. "Execution." + + + + +EXECUTORS AND ADMINISTRATORS, in English law, those persons upon whom +the property of a deceased person both real and personal devolves +according as he has or has not left a will. Executors differ from +administrators both in the mode of their creation and in the date at +which their estate vests. An executor can only be appointed by the will +of his testator; such appointment may be express or implied, and in the +latter case he is said to be an executor "according to the tenor." The +estate of an executor vests in him from the date of the testator's +death. An administrator on the other hand is appointed by the probate +division of the High Court, and his estate does not vest till such +appointment, the title to the property being vested till then in the +judge of the probate division. As to whom the court will appoint +administrators and the various kinds of administrators see under +ADMINISTRATION. Apart from these two points the rights and liabilities +of executors and administrators are the same, and they may be +indifferently referred to as the representative of the deceased. As to +their appointment before the establishment of the court of probate see +articles WILL and INTESTACY. Before the Land Transfer Act 1897, the real +estate of the deceased did not devolve upon the representative but +vested directly in the devisee or heir-at-law, but by that act it was +provided that the personal representative should be also the real +representative, and therefore it may now be said broadly that the +representative takes the whole estate of the deceased. There are, +however, a few minor exceptions to this rule, of which the most +important are lands held in joint tenancy and copyhold lands. As the +representative stands in the shoes of the deceased he is entitled to sue +upon any contract or for any debt which the deceased might have sued in +his lifetime. + + The duties of a representative are as follows: 1. To bury the deceased + in a manner suitable to the estate he leaves behind him; and the + expenses of such funeral take precedence of any duty or debt whatever; + but extravagant expenses will not be allowed. No rule can be laid down + as to what is a reasonable allowance for this purpose, as it is + impossible to know at the time of the funeral what the estate of the + deceased may amount to. The broad rule is that the representative must + allow such sum as seems reasonable, having regard to all the + circumstances of the case and the conditions in life of the deceased, + remembering that if he should exceed this he will be personally liable + for such excess in the event of the estate proving insolvent. + + 2. He must obtain probate or letters of administration to the deceased + within six months of the death, or, if such grant be disputed, within + two months of the determination of such suit. The penalty for not + doing so is fixed by the Stamp Act 1815, § 37, at £100, and an + additional stamp duty at the rate of 10%. As to the formalities of + PROBATE see that article. + + 3. Strictly speaking, he must compile an inventory of all the estate + of the deceased, whether in possession or outstanding, and he is to + deliver it to the court on oath. He is to collect all the goods so + inventoried and to commence actions to get in all those outstanding, + and he is responsible to creditors for the whole of such estate, + whether in possession or in action. This duty is thrown upon the + representative by an act of 1529, but it is not the modern practice to + exhibit such inventory unless he be cited for it in the spiritual + court at the instance of a party interested. It is, however, necessary + to file an affidavit setting out the value of the estate of the + deceased upon applying for a grant of probate or letters of + administration. + + 4. The representative must pay the debts of the deceased according to + their priority. Next to the legitimate funeral expenses come the costs + of proving and administering the estate; in the event, however, of the + funeral and testamentary expenses being charged by the will upon any + particular fund, they will be primarily payable out of that fund. The + representative must be careful to pay the debts according to the rules + of priority, otherwise he will become personally liable to the + creditors of one degree if he has exhausted the estate in paying + creditors of a lesser degree. First of all, a solicitor has a lien for + his costs upon any fund or duty which he has recovered for the + deceased; next in order come debts due to the crown by record or + speciality; then debts given a priority by statute, as, for example, + by the Poor Relief Act 1743, money due by an overseer of the poor to + his parish. Next, debts of record, i.e. judgment recovered against + the deceased in any court of record; all such debts are equal among + themselves, but a judgment creditor who has sued out execution is + preferred to one who has not; another class of debts of record are + statutes merchant and staple, or recognizances in the nature of + statute staple, i.e. bonds of record acknowledged before the lord + mayor of London or the mayor of the staple. Last in the order of debts + come specialty and simple contract debts, which by Hinde Palmer's Act + (the Executors Act 1869) are of equal degree, though as between + specialty debts bonds given for value rank before voluntary bonds + unless assigned for value, and as between simple contract debts those + due to the crown have priority. Though the creditors can if necessary + take all the estate of the deceased to satisfy their claims, yet as + between the various classes of assets the representative must pay the + debts out of assets in the following order: (i.) General personal + estate not specifically bequeathed nor exempted from payment of debts; + (ii.) real estate appropriated to debts; (iii.) real estate descended; + (iv.) real estate devised charged with payment of debts; (v.) general + pecuniary legacies _pro rata_; (vi.) specific legacies and devises; + (vii.) real estate over which a general power of appointment has been + exercised by will; (viii.) the widow's paraphernalia. + + 5. The debts of the deceased being satisfied, the representative must + next proceed to satisfy the legacies and devises left by the testator. + In order to enable him to do this with safety to himself, it is + provided that he cannot be compelled to divide the estate among the + legatees or next of kin until twelve months from the death of the + deceased (this is commonly known as "the executor's year"), though if + there is no doubt as to the solvency of the estate he may do so at + once. As a further protection the representative may give notice by + advertisement for creditors to send in their claims against the + estate, and on expiration of the notices he may proceed to divide the + estate, though even then the creditor may follow the assets to the + person who has received them and recover for his debt. As between + legatees the following priorities must be observed: (1) Specific + legatees and devisees, (2) demonstrative legatees, and (3) general + legatees; and as to this last class the testator can give priority to + one over another. If there are not sufficient assets to pay the + general legatees they must abate rateably. Legacies were not payable + out of the real estate prior to the Land Transfer Act 1897, unless the + testator charged the realty with them. Even then unless the testator + exonerates his personalty from payment of the legacies the personalty + will be the first fund chargeable. It has been suggested that the + effect of the act is to make the realty chargeable _pro rata_ with the + personalty, but this is doubtful. + + 6. The residue, after all legacies and devises are satisfied, must, if + there be a will, be paid to the residuary legatee therein named, and + if there be no will the real estate will go to the heir (see + INHERITANCE) and the personalty to the next of kin (see INTESTACY). It + was held at one time that in default of a residuary legatee the + residue fell to the executor himself, but now nothing less than the + expressed intention of the testator can give it to him. + + The liabilities of the representative may be shortly stated. He is + liable in his representative capacity in all cases where the deceased + would be liable were he alive. To this general rule there are some + exceptions. The representative cannot be sued for breach of a contract + for personal services which can be performed only in the lifetime of + the person contracting, nor again can he be sued in a case where + unliquidated damages only could have been recovered against the + deceased. He is liable in his personal capacity in the following + cases: if he contracts to pay a debt due by the deceased, or if having + admitted that he had assets in his hands sufficient to pay a debt or + legacy he has misapplied such assets so that he cannot satisfy them; + or lastly, if by mismanaging the estate and effects of the deceased he + has made himself liable for a _devastavit_. Shortly stated, a + representative is bound to exercise the ordinary care of a business + man in administering the estate of the deceased, and he will be liable + for the loss to the estate caused by his own negligence, or by the + negligence of a co-representative which his act or neglect has + rendered possible. Though the general rule of _delegatus non potest + delegari_ holds good of a representative, yet in certain cases he may + "rely upon skilled persons in matters in which he cannot be expected + to be experienced," e.g. he must employ solicitors to conduct a + lawsuit. + + The privileges of the representative are these: he may prefer one + creditor to another of equal degree; he may retain a debt owing to him + from the deceased as against other creditors of equal degree (see + RETAINER); he may reimburse himself out of the estate all expenses + incurred in the execution of his trust. + + An executor _de son tort_ is one who, without any title to do so, + wrongfully intermeddles with the assets of the deceased, dealing with + them in such a way as to hold himself out as executor. In such a case + he is subject to all the liabilities of an executor, and can claim + none of the privileges. He may be treated by the creditor as the + executor, and, if he is really assuming to act as executor, creditors + and legatees will get a good title from him, but he is liable to be + sued by the rightful representative for damages for interfering with + the property of the deceased. + + _Scotland._--Executor in Scots law is a more extensive term than in + English. He is either nominative or dative, the latter appointed by + the court and corresponding in most respects to the English + administrator. Caution is required from the latter, not from the + former. By the common law doctrine of passive representation the heir + or executor was liable to be sued for implement of the deceased's + obligations. The Roman principle of _beneficium inventarii_ was first + introduced by an act of 1695. As the law at present stands, the heir + or executor is liable only to the value of the succession, except + where there has been vitious intromission in movables, and in _gestio + pro haerede_ (behaviour as heir) and other cases in heritables. The + present inventory duty on succession to movables and heritables + depends on the Finance Acts 1894-1909 (see ESTATE DUTY). In England + the executor is bound to pay the debts of the deceased in a certain + order, but in Scotland they all rank _pari passu_ except privileged + debts (see PRIVILEGE). + + AUTHORITIES.--R.L. Vaughan Williams, _The Law of Executors and + Administrators_; W.G. Walker, _Compendium on the Law of Executors and + Administrators_; James Schouler, _Law of Executors and Administrators_ + (3rd ed., Boston, 1901). + + + + +EXEDRA, or EXHEDRA (from Gr. [Greek: ex], out, and [Greek: hedra], a +seat), an architectural term originally applied to a seat or recess out +of doors, intended for conversation. Such recesses were generally +semicircular, as in the important example built by Herodes Atticus at +Olympia. In the great Roman thermae (baths) they were of large size, and +like apses were covered with a hemispherical vault. An example of these +exists at Pompeii in the Street of the Tombs. From Vitruvius we learn +that they were often covered over, and they are described by him (v. 11) +as places leading out of porticoes, where philosophers and rhetoricians +could debate or harangue. + + + + +EXELMANS, RENÉ JOSEPH ISIDORE, COUNT (1775-1852), marshal of France, was +born at Bar-le-Duc on the 13th of November 1775. He volunteered into the +3rd battalion of the Meuse in 1791, became a lieutenant in 1797, and in +1798 was aide-de-camp to General Éblé, and in the following year to +General Broussier. In his first campaign in Italy he greatly +distinguished himself; and in April 1799 he was rewarded for his +services by the grade of captain of dragoons. In the same year he took +part with honour in the conquest of Naples and was again promoted, and +in 1801 he became aide-de-camp to General Murat. He accompanied Murat in +the Austrian, Prussian and Polish campaigns of 1805, 1806 and 1807. At +the passage of the Danube, and in the action of Wertingen, he specially +distinguished himself; he was made colonel for the valour which he +displayed at Austerlitz, and general of brigade for his conduct at Eylau +in 1807. In 1808 he accompanied Murat to Spain, but was there made +prisoner and conveyed to England. On regaining his liberty in 1811 he +went to Naples, where King Joachim Murat appointed him grand-master of +horse. Exelmans, however, rejoined the French army on the eve of the +Russian campaign, and on the field of Borodino won the rank of general +of division. In the retreat from Moscow his steadfast courage was +conspicuously manifested on several occasions. In 1813 he was made, for +services in the campaign of Saxony and Silesia, grand-officer of the +Legion of Honour, and in 1814 he reaped additional glory by his +intrepidity and skill in the campaign of France. When the Bourbons were +restored, Exelmans retained his position in the army. In January 1815 he +was tried on an accusation of having treasonable relations with Murat, +but was acquitted. Napoleon on his return from Elba made Exelmans a peer +of France and placed him in command of the II. cavalry corps, which he +commanded in the Waterloo campaign, the battle of Ligny and Grouchy's +march on Wavre. In the closing operations round Paris Exelmans won great +distinction. After the second Restoration he denounced, in the House of +Peers, the execution of Marshal Ney as an "abominable assassination"; +thereafter he lived in exile in Belgium and Nassau for some years, till +1819, when he was recalled to France. In 1828 he was appointed +inspector-general of cavalry; and after the July revolution of 1830 he +received from Louis Philippe the grand cross of the Legion of Honour, +and was reinstated as a peer of France. At the revolution of 1848 +Exelmans was one of the adherents of Louis Napoleon; and in 1851 he was, +in recognition of his long and brilliant military career, raised to the +dignity of a marshal of France. His death, which took place on the 10th +of July 1852, was the result of a fall from his horse. + + + + +EXEQUATUR, the letter patent, issued by a foreign office and signed by a +sovereign, which guarantees to a foreign consul the rights and +privileges of his office, and ensures his recognition in the state in +which he is appointed to exercise them. If a consul is not appointed by +commission he receives no exequatur; and a notice in the _Gazette_ in +this case has to suffice. The exequatur may be withdrawn, but in +practice, where a consul is obnoxious, an opportunity is afforded to his +government to recall him. + + + + +EXETER, EARL, MARQUESS AND DUKE OF. These English titles have been borne +at different times by members of the families of Holand or Holland, +Beaufort, Courtenay and Cecil. The earls of Devon of the family of de +Redvers were sometimes called earls of Exeter; but the 1st duke of +Exeter was John (c. 1355-1400), a younger son of Thomas Holand, earl of +Kent (d. 1360). John's mother, Joan (d. 1385), a descendant of Edward +I., married for her third husband Edward the Black Prince, by whom she +was the mother of Richard II., and her son John was thus the king's +half-brother, a relationship to which he owed his high station at the +English court. He married Elizabeth (d. 1426), a daughter of John of +Gaunt, duke of Lancaster, and was constantly in Richard's train until +1385, when his murder of Ralph Stafford disturbed these friendly +relations. John then went to Spain as constable of the English army +under John of Gaunt; but after his return to England in 1387 he was +created earl of Huntingdon, was made admiral of the fleet and +chamberlain of England, and was again high in the king's favour. He was +Richard's chief helper in the proceedings against the lords appellant in +1397, was created duke of Exeter in September of this year, and went +with the king to Ireland in 1399. After the accession of his +brother-in-law, Henry IV., Holand was tried for his share in the events +of 1397, and was reduced to his earlier rank of earl of Huntingdon. He +was soon plotting against Henry's life, and after the projected rising +in 1400 had failed he was captured and was probably beheaded at Pleshey +in Essex on the 16th of January 1400.[1] He was afterwards attainted and +his titles and lands were forfeited. + +In 1416 THOMAS BEAUFORT, earl of Dorset, was created duke of Exeter; but +this dignity was only granted for his life, and consequently it expired +on his death in 1426. + +In 1416 JOHN (1395-1447), son of John Holand, the former duke of Exeter, +was allowed to take his father's earldom of Huntingdon. This nobleman +rendered great assistance to Henry V. in his conquest of France, +fighting both on sea and on land. He was marshal of England, admiral of +England and governor of Aquitaine under Henry VI.; was one of the king's +representatives at the conference of Arras in 1435; and in 1443 was +created duke of Exeter. When he died on the 5th of August 1447 his +titles passed to his son HENRY (1430-1473), who, although married to +Anne (d. 1476), daughter of Richard, duke of York, fought for Henry VI. +during the Wars of the Roses. After having been imprisoned by York at +Pontefract, he was present at the battle of Towton, sailed with Henry's +queen, Margaret of Anjou, to Flanders in 1463, and was wounded at Barnet +in 1471. In 1461 he had been attainted and his dukedom declared +forfeited, and he died without sons, probably in 1473. + +Coming to the family of Courtenay the title of marquess of Exeter was +borne by HENRY COURTENAY (c. 1496-1538), earl of Devon, who was made a +marquess in 1525. A grandson of Edward IV., Courtenay was a prominent +figure at the court of Henry VIII. until Thomas Cromwell rose to power, +when his high birth, his great wealth and his independent position made +him an object of suspicion. Some slight discontent in the west of +England gave the occasion for his arrest, and he was tried and beheaded +on the 9th of December 1538. A few days later he was declared a traitor +and his titles were forfeited; although his only son, EDWARD (c. +1526-1556), who was restored to the earldom of Devon in 1553 and was a +suitor for the hand of Queen Mary, is sometimes called marquess of +Exeter. + +The title of earl of Exeter was first bestowed upon the Cecils (see +CECIL: _Family_) in 1605 when THOMAS, 2nd Lord Burghley (1542-1623), the +eldest son of William Cecil, Lord Burghley, was made earl of Exeter by +James I. Thomas had been a member of parliament during the reign of +Queen Elizabeth, who knighted him in 1575, and had fought under the earl +of Leicester in the Netherlands. After his father's death in 1598 he +became president of the Council of the North and was made a knight of +the Garter. He died on the 7th or 8th of February 1623. His direct +descendants continued to bear the title of earl of Exeter, and in 1801 +HENRY (1754-1804), the 10th earl, was advanced to the dignity of +marquess of Exeter, the present marquess being his lineal descendant. It +may be noted that the 1st marquess is Tennyson's "lord of Burghley." + + See G.E. C(okayne), _Complete Peerage_ (1887-1898). + + +FOOTNOTE: + + [1] There is some difference of opinion about the place and manner of + the earl's death, and this question has an important bearing upon the + privilege of trial by peers of the realm. See L.W. Vernon-Harcourt, + _His Grace the Steward and Trial of Peers_ (1907). + + + + +EXETER, a city and county of a city, municipal, county and parliamentary +borough, and the county town of Devonshire, England, 172 m. W.S.W. of +London, on the London & South Western and the Great Western railways. +Pop. (1901) 47,185. The ancient city occupies a broad ridge of land, +which rises steeply from the left bank of the Exe. At the head of the +ridge is the castle, on the site of a great British earthwork. The High +Street and its continuation, called Fore Street, are narrow, but very +picturesque, with many houses of the 16th and 17th centuries. There is a +maze of lesser streets within the ancient walls, the line of which may +be traced. All the gates have disappeared. The suburbs, which have +greatly extended since the beginning of the 19th century, contain many +good streets, terraces and detached villas. The surrounding country is +rich, fertile and of great beauty. Extensive views are commanded in the +direction of Haldon, a stretch of high moorland which may be regarded as +an outlier of Dartmoor. The lofty mound of the castle is laid out as a +promenade, with fine trees and broad walks. + +The cathedral, although not one of the largest in England, is +unsurpassed in the beauty of its architecture and the richness of its +details. With the exception of the Norman transeptal towers, the general +character is Decorated, ranging from about 1280 to 1369. Transeptal +towers occur elsewhere in England only in the collegiate church of +Ottery St Mary, in Devonshire, for which Exeter cathedral served as a +model. The west front is of later date than the rest (probably +1369-1394), and the porch is wholly covered with statues. Within, the +most noteworthy features are the long unbroken roof, extending +throughout nave and choir, with no central tower or lantern; the +beautiful sculpture of bosses and corbels; the minstrel's gallery, +projecting from the north triforium of the nave; and the remarkable +manner in which the several parts of the church are made to correspond. +The window tracery is much varied; but each window answers to that on +the opposite side of nave or choir; pier answers to pier, aisle to +aisle, and chapel to chapel, while the transeptal towers complete the +balance of parts. A complete restoration under Sir G.G. Scott was +carried out between 1870 and 1877. The modern stall work, the reredos, +the choir pavement of tiles, rich marbles and porphyries, the stained +glass and the sculptured pulpits in choir and nave are meritorious. The +episcopal throne, a sheaf of tabernacle work in wood, was erected by +Bishop Stapeldon about 1320, and in the north transept is an ancient +clock. The most interesting monuments are those of bishops of the 12th +and 13th centuries, in the choir and lady chapel. Some important MSS., +including the famous book of Saxon poetry given by Leofric to his +cathedral, are preserved in the chapter-house. The united sees of +Devonshire and Cornwall were fixed at Exeter from the installation there +of Leofric (1050) by the Confessor, until the re-erection of the Cornish +see in 1876. The bishop's palace embodies Early English portions. The +diocese covers the greater part of Devonshire, with a very small part of +Dorsetshire. + +The guildhall in the High Street is a picturesque Elizabethan building, +which contains some interesting portraits; among them being one of +General Monk, who was a native of Devon, and another of Henrietta, +duchess of Orleans, given by her brother Charles II. Both are by Sir +Peter Lely. The assize hall and sessions house dates from 1774. The +Albert Memorial Museum contains a school of art, an excellent free +library, a reading-room, and a museum of natural history and +antiquities. There is a good collection of local birds, and some +remarkable pottery and bronze relics extracted from barrows near Honiton +or found in various parts of Devonshire. Of the castle, called +Rougemont, the chief architectural remnant is a portion of a gateway +tower which may be late Norman. Traces are also seen of the surrounding +earthworks, which may have belonged to the original British stronghold. +Beneath the castle wall is the pleasant promenade of Northernhay. The +churches of Exeter are of little importance, being mostly small, and +closely beset with buildings, but the modern church of St Michael (1860) +deserves notice. The Devon and Exeter Institution, founded in 1813, +contains a large and valuable library, and among educational +establishments may be noticed the technical and university extension +college, the diocesan training college and school; and the grammar +school, which was founded under a scheme of Walter de Stapeldon, bishop +of Exeter and founder of Exeter College, Oxford, in 1332, and refounded +in 1629, but occupies modern buildings (1886) outside the city. It is +endowed with a large number of leaving exhibitions, and about 150 boys +are educated. There are two market-houses in the city, many hospitals +and many charitable institutions, including the picturesque hospital or +almshouse of William Wynard, recorder of Exeter (1439). + +Exeter is one of the principal railway centres in the south-west, and it +also has some shipping trade, communicating with the sea by way of the +Exeter ship-canal, originally cut in the reign of Elizabeth (1564), and +enlarged in 1675 and 1827. This canal is an interesting work, being the +first canal carried out in the United Kingdom for the purpose of +enabling sea-going vessels to pass to an inland port. The river Exe was +very early utilized by small craft trading to Exeter, parliament having +granted powers for the improvement of the navigation by the construction +of a canal 3 m. long from Exeter to the river; at a later date this +canal was extended lower down to the tidal estuary of the Exe. Previous +to the year 1820 it was only available for vessels of a draft not +exceeding 9 ft., but by deepening it, raising the banks, and +constructing new locks, vessels drawing 14 ft. of water were enabled to +pass up to a basin and wharves at Exeter. These works were carried out +under the advice of Thomas Telford. A floating basin is accessible to +vessels of 350 tons. Larger vessels lie at Topsham, at the junction of +the canal with the estuary of the Exe; while at the mouth of the estuary +is the port of Exmouth. Imports are miscellaneous, while paper, grain, +cider and other goods are exported. Brewing, paper-making and +iron-founding are carried on, and the city is an important centre of +agricultural trade. The parliamentary borough returns one member. The +city is governed by a mayor, 14 aldermen and 42 councillors. Area, 3158 +acres. The eastern suburb of Heavitree, where is the Exeter city asylum, +is an urban district with a population (1901) of 7529. + +Exeter was the Romano-British country town of _Isca Damnoniorum_--the +most westerly town in the south-west of Roman Britain. Mosaic pavements, +potsherds, coins and other relics have been found, and probably traces +of the Roman walls survive here and there in the medieval walls. It is +said to be the _Caer Isce_ of the Britons, and its importance as a +British stronghold is shown by the great earthwork which the Britons +threw up to defend it, on the site of which the castle was afterwards +built, and by the number of roads which branch from it. Exeter is famous +for the number of sieges which it sustained as the chief town in the +south-west of England. In 1001 it was unsuccessfully besieged by the +Danes, but in the following year was given by King Æthelred to Queen +Emma, who appointed as reeve, Hugh, a Frenchman, owing to whose +treachery it was taken and destroyed by Sweyn in 1003. By 1050, however, +it had recovered, and was chosen by Leofric as the new seat of the +bishops of Devon. In 1068, after a siege of eighteen days, Exeter +surrendered to the Conqueror, who threw up a castle which was called +Rougemont, from the colour of the rock on which it stood. Again in 1137 +the town was held for Matilda by Baldwin de Redvers for three months and +surrendered, at last, owing to lack of water. Three times subsequently +Exeter held out successfully for the king--in 1467 against the Yorkists, +in 1497 against Perkin Warbeck, and in 1549 against the men of Cornwall +and Devon, who rose in defence of the old religion. During the civil +wars the city declared for parliament, but was in 1643 taken by the +royalists, who held it until 1646. The only other historical event of +importance is the entry of William, prince of Orange, in 1688, shortly +after his arrival in England. Exeter was evidently a borough by +prescription some time before the Conquest, since the burgesses are +mentioned in the Domesday Survey. Its first charter granted by Henry I. +gave the burgesses all the free customs which the citizens of London +enjoyed, and was confirmed and enlarged by most of the succeeding kings. +By 1227 government by a reeve had given place to that by a mayor and +four bailiffs, which continued until the Municipal Reform Act of 1835. +Numerous trade gilds were incorporated in Exeter, one of the first being +the tailors' gild, incorporated in 1466. This by 1482 had become so +powerful that it interfered with the government of the town, and was +dissolved on the petition of the burgesses. Another powerful gild was +that of the merchant adventurers, incorporated in 1559, which is said to +have dictated laws to which the mayor and bailiffs submitted. From 1295 +to 1885 Exeter was represented in parliament by two members, but in the +latter year the number of representatives was reduced to one. Exeter was +formerly noted for the manufacture of woollen goods, introduced in +Elizabeth's reign, and the value of its exports at one time exceeded +half a million sterling yearly. The trade declined partly owing to the +stringent laws of the trade gilds, and by the beginning of the 19th +century had entirely disappeared, although at the time of its greatest +prosperity it had been surpassed in value and importance only by that of +Leeds. + + See _Victoria County History_, _Devon_; Richard Izacke, _Antiquities + of the City of Exeter_ (1677); George Oliver, _The History of the City + of Exeter_ (1861); and E.A. Freeman, _Exeter_ ("Historic Towns" + series) (London, 1887), in the preface to which the names of earlier + historians of the city are given. + + + + +EXETER, a town and one of the county-seats of Rockingham county, New +Hampshire, U.S.A., on the Squamscott river, about 12 m. S.W. of +Portsmouth and about 51 m. N. by E. of Boston, Mass. Pop. (1890) 4284; +(1900) 4922 (1066 foreign-born); (1910) 4897; area, about 17 sq. m. It +is served by the Western Division of the Boston & Maine railway. The +town has a public library and some old houses built in the colonial +period, and is the seat of Phillips Exeter Academy (incorporated in 1781 +and opened in 1783). In its charter this institution is described as "an +academy for the purpose of promoting piety and virtue, and for the +education of youth in the English, Latin and Greek languages, in +writing, arithmetic, music and the art of speaking, practical geometry, +logic and geography, and such other of the liberal arts and sciences or +languages, as opportunity may hereafter permit." It was founded by Dr +John Phillips (1719-1795), a graduate of Harvard College, who acquired +considerable wealth as a merchant at Exeter and gave nearly all of it to +the cause of education. The academy is one of the foremost secondary +schools in the country, and among its _alumni_ have been Daniel Webster, +Edward Everett, Lewis Cass (born in Exeter in a house still standing), +John Parker Hale, George Bancroft, Jared Sparks, John Gorham Palfrey, +Richard Hildreth and Francis Bowen. The government of the academy is +vested in a board of six trustees, regarding whom the founder provided +that a majority should be laymen and not inhabitants of Exeter. In +1909-1910 the institution had 20 buildings, 32 acres of recreation +grounds, 16 instructors and 488 students, representing 38 states and +territories of the United States and 4 foreign countries. At Exeter also +is the Robinson female seminary (1867), with 14 instructors and 272 +students in 1906-1907. The river furnishes water-power, and among the +manufactures of the town are shoes, machinery, cottons, brass, &c. The +town is one of the oldest in the state; it was founded in 1638 by Rev. +John Wheelwright, an Antinomian leader who with a number of followers +settled here after his banishment from Massachusetts. For their +government the settlers adopted (1639) a plantation covenant. There was +disagreement from the first, however, with regard to the measure of +loyalty to the king, and in 1643, when Massachusetts had asserted her +claim to this region and the other three New Hampshire towns had +submitted to her jurisdiction, the majority of the inhabitants of Exeter +also yielded, while the minority, including the founder, removed from +the town. In 1680 the town became a part of the newly created province +of New Hampshire. During the French and Indian wars it was usually +protected by a garrison, and some of the garrison houses are still +standing. From 1776 to 1784 the state legislature usually met at Exeter. + + See C.H. Bell, _History of the Town of Exeter_ (Exeter, 1888). + + + + +EXETER BOOK [_Codex Exoniensis_], an anthology of Anglo-Saxon poetry +presented to Exeter cathedral by Leofric,[1] bishop of Exeter, England, +from 1050 to 1071, and still in the possession of the dean and chapter. +It contains some legal documents, the poems entitled _Crist_, _Guthlac_, +_Phoenix_, _Juliana_, _The Wanderer_ and others, and concludes with +between eighty and ninety riddles. It was first described in Humphrey +Wanley's _Catalogus_ ... (1705) in detail but with many inaccuracies; +subsequently by J.J. Conybeare, _Account of a Saxon Manuscript_ (a paper +read in 1812; printed with some extracts from the MS. in _Archaeologia_, +vol. xvii. pp. 180-197, 1814). A complete transcript made (1831) by +Robert Chambers is in the British Museum (Addit. MS. 9067). It was first +printed in 1842 by Benjamin Thorpe for the Soc. of Antiq., London, as +_Codex Exoniensis ... with an English Translation, Notes and Indexes_. +More recent editions, chiefly based on Thorpe's text, are:--in Chr. +Grein's _Bibliothek der A.S. Poesie_ (vol. iii. part 1, ed. R. Wülker, +Leipzig, 1897, with a bibliography), J. Schipper in Pfeiffer's +_Germania_, vol. xix. pp. 327-339, and Israel Gollancz, _The Exeter +Book_, pt. i. (1895), with English translation, for the Early English +Text Society. + + A detailed account, with bibliographies of the separate poems, is + given by R. Wülker, in _Grundriss ... der A.S. Literatur_, pp. 218-236 + (Leipzig, 1885); see also the introduction to _The Crist of Cynewulf_ + ..., edited by Prof. A.S. Cook, with introduction, notes and a + glossary (Boston, U.S.A., 1900). For the poems contained in the MS. + see also CYNEWULF and RIDDLES. + + +FOOTNOTE: + + [1] For Leofric, see F.E. Warren, _The Leofric Missal_ (1883). + + + + +EXHIBITION, a term, meaning in general a public display,[1] which has a +special modern sense as applied to public shows of goods for the +promotion of trade (Fr. _exposition_). The first exhibition in this +sense of which there is any account, in either sacred or profane +history, was that held by King Ahasuerus, who, according to the Book of +Esther, showed in the third year of his reign "the riches of his +glorious kingdom, and the honour of his excellent majesty, many days, +even a hundred and fourscore days." The locale of this function was +Shushan, the palace and the exhibits consisted of "white, green and blue +hangings, fastened with cords of fine linen and purple to silver rings +and pillars of marble: the beds were of gold and silver, upon a pavement +of red, and blue, and white and black marble. And they gave them drink +in vessels of gold, the vessels being diverse one from another." The +first exhibition since the Christian era was at Venice during the +dogeship of Lorenzo Tiepolo, in 1268. On that occasion there was a grand +display, consisting of a water fête, a procession of the trades and an +industrial exhibition. The various gilds of the Queen City of the Seas +marched through the narrow streets to the great square of St Mark, and +their leaders asked the dogaressa to inspect the products of their +industry. Other medieval exhibitions were the fairs held at Leipzig and +Nizhni Novgorod in Europe, at Tanta in Egypt, and in 1689 that by the +Dutch at Leiden. + +The first modern exhibition was held at London in 1756 by the Society of +Arts, which offered prizes for improvements in the manufacture of +tapestry, carpets and porcelain, the exhibits being placed side by side. +Five years afterwards, in 1761, the same society gave an exhibition of +agricultural machinery. In 1797 a collective display of the art +factories of France, including those of Sèvres, the Gobelins and the +Savonnerie, was made in the palace of St Cloud, and the exhibition was +repeated during the following year in the rue de Varennes, Paris. This +experiment was so successful that in the last three days of the same +year an exhibition under official auspices, at which private exhibitors +were allowed to compete, was held in the Champ de Mars. Four years +later, in 1801, there was a second official exhibition in the grand +court of the Louvre. Upon that occasion juries of practical men examined +the objects shown, and the winners of a gold medal were invited to dine +with Napoleon, who was at that time First Consul. In the report of the +jury the following remarkable sentence appeared:--"There is not an +artist or inventor who, once obtaining thus a public recognition of his +ability, has not found his reputation and his business largely +increased." The third Paris Exhibition, held in 1802, was the first to +publish an official catalogue. There were 540 exhibitors, including J.E. +Montgolfier, the first aëronaut, and J.M. Jacquard, the inventor of the +loom which bears his name. The fourth exhibition was held in 1806 in the +esplanade in front of the Hôtel des Invalides, and attracted 1422 +exhibitors. There were no more exhibitions till after the fall of the +empire, but in 1819 the fifth was held during the reign of Louis XVIII., +with 1622 exhibitors. Others were held at Paris at various intervals, +that in 1849 having 4500 exhibitors. + +Other exhibitions, though on a smaller scale, were held in Dublin, +London, and in various parts of Germany and Austria during the first +half of the 19th century--that in 1844, held at Berlin, having 3040 +exhibitors. Switzerland, Holland, Belgium, Sweden, Russia, Poland, +Italy, Spain and Portugal all held exhibitions, and there was a Free +Trade Bazaar of British Manufactures at Covent Garden theatre in 1845, +which at the time created a great deal of interest. But all these +exhibitions were confined to the products of the country in which they +took place, and the first great International Exhibition was held in +London in 1851 by the Society of Arts, under the presidency of the +prince consort. All nations were invited to compete; a site was obtained +in Hyde Park, and a building 20 acres in extent was erected, after the +design of Sir Joseph Paxton, at a cost of £193,168. The exhibition was +open for five months and fifteen days. The receipts amounted to +£506,100, and the surplus was £186,000. The number of visitors was +6,039,195, and the money taken at the doors was £423,792. The total, +number of exhibitors was 13,937, of which Great Britain contributed +6861, the British colonies 520 and foreign countries 6556. The +International Exhibition of 1851 was followed by those of New York and +Dublin in 1853, Melbourne and Munich in 1854, and Paris in 1855--this +latter was held in the Palais d'Industrie, which remained in existence +until pulled down to make room for the two Palais des Beaux Arts, which +formed one of the attractions of the 1900 exhibition. The exhibitors +numbered 20,839 and the visitors 5,162,330. There were national +exhibitions during the following years in several European countries, +but the next great world's fair was held at London in 1862. The total +space roofed in amounted to 988,000 sq. ft., 22.65 acres, the number of +visitors was 6,211,103, and the amount received at the doors £408,530. +The death of the prince consort had a depressing effect upon the +enterprise. In 1865 an exhibition was held at Dublin, the greater +proportion of the funds being supplied by Sir Benjamin Lee Guinness. The +number of attendances during six months was 900,000, and the exhibition +was opened at night. An Italian exhibition was held at Rome in 1862. + +The Paris Exhibition of 1867 was upon a far larger scale than that of +1855. It was held, like those that preceded and succeeded it, at the +Champ de Mars, and covered 41 acres. The building resembled an +exaggerated gasometer. The external ring was devoted to machinery, the +internal to the gradual development of civilization, commencing with the +stone age and continuing to the present era. A great feature of the +exhibition was the park, which was studded with specimens of every style +of modern architecture--Turkish mosques, Swedish cottages, English +lighthouses, Egyptian palaces and Swiss châlets. The number of +attendances was 6,805,969. The exhibitors numbered 43,217, and the total +amount received for entrances, concessions, &c., was £420,735. This was +the first exhibition at which there were international restaurants. The +cost of the exhibition was defrayed partly by the state and partly by +private subscriptions. + +Small exhibitions were held in various parts of Europe between 1867 and +1870, and in the latter year a series of international exhibitions, +confined to one or two special descriptions of produce or manufactures, +was inaugurated in London at South Kensington. These continued till +1874, but they failed to attract any very large attendance of the public +and were abandoned. A medal was given to each exhibitor, and reports on +the various exhibits were published, but there was no examination of the +exhibits by jurors. In 1873 there was an International Exhibition at +Vienna. The main building, a rotunda, was erected in the beautiful park +of the Austrian capital. There were halls for machinery and agricultural +products, and hundreds of buildings, erected by different nations, were +scattered amongst the woodlands of the Prater. Unfortunately, an +outbreak of cholera diminished the attendance of visitors, and the +receipts were only £206,477, although the visitors were said to have +reached 6,740,500, and the number of exhibitors was 25,760. + +None of the International Exhibitions held between 1857 and 1873 had +attracted as many as 7,000,000 visitors, but the gradual extension of +education amongst the masses, and the greater facilities for locomotion, +brought about by the growth of the railway system in all portions of the +civilized world, largely increased the attendances at subsequent World's +Fairs. The Centennial Exhibition of 1876, to celebrate the one-hundredth +anniversary of American Independence, was held at Fairmount Park, +Philadelphia. The funds were raised partly by private subscriptions, and +partly by donations from the city of Philadelphia, from Pennsylvania and +some of the neighbouring states. The central government at Washington +made a large loan, which was subsequently repaid. The principal +buildings, five in number, occupied an area of 48½ acres, and there were +several smaller structures, which in the aggregate must have filled half +as much space more, the largest being that devoted to the exhibits of +the various departments of the United States government, which covered 7 +acres. Several novelties in exhibition management were introduced at +Philadelphia. Instead of gold, silver and bronze medals, only one +description, bronze, was issued, the difference between the merits of +the different exhibits being shown by the reports. Season tickets were +not issued, and the price of admission, the same on all occasions, was +half a dollar, or about 2s. 1d. The exhibition was not open at night or +on Sundays, thus following the British, and not the continental, +precedent. The number of visitors was 9,892,625, of whom 8,004,214 paid +for admission, the balance being exhibitors, officials and attendants. +The total receipts amounted to £763,899. Upon one occasion, the +Pennsylvania day, 274,919 persons--the largest number that had visited +any exhibition up to that date--passed through the turnstiles. The +display of machinery was the finest ever made, that of the United States +occupying 480,000 sq. ft. The motive-power was obtained from a Corliss +engine of 1600 horse-power. At this exhibition the United Kingdom and +the British Colonies of Canada, Victoria, New South Wales, New Zealand, +Cape Colony and Tasmania made a very fine display, which was only +excelled by that of the United States. + +The Paris Exhibition of 1878 was upon a far larger scale in every +respect than any which had been previously held in any part of the +world. The total area covered not less than 66 acres, the main building +in the Champ de Mars occupying 54 acres. The French exhibits filled +one-half the entire space, the remaining moiety being occupied by the +other nations of the world. The United Kingdom, British India, Canada, +Victoria, New South Wales, Queensland, South Australia, Cape Colony and +some of the British crown colonies occupied nearly one-third of the +space set aside for nations outside France. Germany was the only great +country which was not represented, but there were a few German +paintings. The display of fine arts and machinery was upon a very large +and comprehensive scale, and the Avenue des Nations, a street 2400 ft. +in length, was devoted to specimens of the domestic architecture of +nearly every country in Europe, and of several in Asia, Africa and +America. The palace of the Trocadero, on the northern bank of the Seine, +was erected for the exhibition. It was a handsome structure, with towers +250 ft. in height and flanked by two galleries. The rules for admission +were the same as those at Philadelphia, and every person--exhibitor, +journalist or official--who had the right of entrance was compelled to +forward two copies of his or her photograph, one of which was attached +to the card of entry. The ordinary tickets were not sold at the doors, +but were obtainable at various government offices and shops, and from +numerous pedlars in all parts of the city and suburbs. The buildings +were somewhat unfinished upon the opening day, political complications +having prevented the French government and the French people from paying +much attention to the exhibition till about six months before it was +opened; but the efforts made in April were prodigious, and by June 1st, +a month after the opening, the exhibition was complete, and afforded an +object-lesson of the recovery of France from the calamities of +1870-1871. The decisions arrived at by the international juries were +accompanied by medals of gold, silver and bronze. The expenditure by the +United Kingdom was defrayed out of the consolidated revenue, each +British colony defraying its own expenses. The display of the United +Kingdom was under the control of a royal commission, of which the prince +of Wales was president. The number of paying visitors to the exhibition +was 13,000,000, and the cost of the enterprise to the French government, +which supplied all the funds, was a little less than a million sterling, +after allowing for the value of the permanent buildings and the +Trocadero Palace, which were sold to the city of Paris. The total number +of persons who visited Paris during the time the exhibition was open was +571,702, or 308,974 more than came to the French metropolis during the +year 1877, and 46,021 in excess of the visitors during the previous +exhibition of 1867. It was stated at the time that, in addition to the +impetus given to the trade of France, the revenue of the Republic and of +the city of Paris from customs and octroi duties was increased by nearly +three millions sterling as compared with the previous year. + +Exhibitions on a scale of considerable magnitude were held at Sydney and +Melbourne in 1879 and 1880, and many continental and American +manufacturers took advantage of them in order to bring the products of +their industry directly under the notice of Australian consumers, who +had previously purchased their supplies through the instrumentality of +British merchants. The United Kingdom and India made an excellent +display at both cities, but the effect of the two great Australian +exhibitions was to give a decided impetus to German, American, French +and Belgian trade. One of the immediate results was that lines of +steamers to Melbourne and Sydney commenced to run from Marseilles and +Bremen; another, that for the first time in the history of the +Australian colonies, branches of French banks were opened in the two +principal cities. The whole cost of these exhibitions was defrayed by +the local governments. + +Exhibitions were held at Turin and Brussels during 1880, and smaller +ones at Newcastle, Milan, Lahore, Adelaide, Perth, Moscow, Ghent and +Lille during 1881 and 1882, and at Zürich, Bordeaux and Caraccas in +Venezuela during 1883. The next of any importance was held at Amsterdam +in the latter year. On that occasion a new departure in exhibition +management was made. The government of the Netherlands was to a certain +extent responsible for the administration of the exhibition, but the +funds were obtained from private sources, and a charge was made to each +nation represented for the space it occupied. The United Kingdom, India, +Victoria and New South Wales took part in the exhibition, but there was +no official representation of the mother country. Exhibitions on +somewhat similar lines were held at Nice and Calcutta in the winter of +1883 and 1884, and at Antwerp in 1895. + +A series of exhibitions, under the presidency of the then prince of +Wales, and managed by Sir Cunliffe Owen, was commenced at South +Kensington in 1883. The first was devoted to a display of the various +industries connected with fishing; the second, in 1884, to objects +connected with hygiene; the third, in 1885, to inventions; and the +fourth, in 1886, to the British Colonies and India. These exhibitions +attracted a large number of visitors and realized a substantial profit. +They might have been continued indefinitely if it had not been that the +buildings in which they were held had become very dilapidated, and that +the ground covered by them was required for other purposes. There was no +examination of the exhibits by juries, but a tolerably liberal supply of +instrumental music was supplied by military and civil bands. The Crystal +Palace held a successful International Exhibition in 1884, and there was +an Italian Exhibition at Turin, and a Forestry Exhibition at Edinburgh, +during the same year. A World's Industrial Fair was held at New Orleans +in 1884-1885, and there were universal Exhibitions at Montenegro and +Antwerp in 1885, at Edinburgh in 1886, Liverpool, Adelaide, Newcastle +and Manchester in 1887, and at Glasgow, Barcelona and Brussels in 1888. +Melbourne held an International Exhibition in 1888-1889 to celebrate the +Centenary of Australia. Great Britain, Germany, France, Austria and the +United States were officially represented, and an expenditure of +£237,784 was incurred by the local government. + +The Paris Exhibition of 1889 marked an important change in the policy +which had previously characterized the management of these gatherings. +The funds were contributed partly by the state, which voted 17,000,000 +francs, and by the municipality of Paris, which gave 8,000,000. A +guarantee fund amounting to 23,124,000 francs was raised, and on this +security a sum of 18,000,000 francs was obtained and paid into the +coffers of the administration. The bankers who advanced this sum +recouped themselves by the issue of 1,200,000 "bons," each of 25 francs, +Every bon contained 25 admissions, valued at 1 franc, and certain +privileges in the shape of participation in a lottery, the grand prix +being £20,000. The calculations of the promoters were tolerably +accurate. The attendances reached the then unprecedented number of +32,350,297, of whom 25,398,609 paid in entrance tickets and 2,723,366 +entered by season tickets. A sum of 2,307,999 francs was obtained by +concessions for restaurants and "side-shows," upon which the +administration relied for much of the attractiveness of the exhibition. +The total expenditure was 44,000,000 francs, and there was a small +surplus. The space covered in the Champ de Mars, the Trocadero, the +Palais d'Industrie, the Invalides and the Quai d'Orsay was 72 acres, as +compared with 66 acres in 1878 and 41 acres in 1867. Amongst the +novelties was the Eiffel Tower, 1000 ft. in height, and a faithful +reproduction of a street in Cairo. The system of international juries +was continued, but instead of gold, silver and copper medals, diplomas +of various merits were granted, each entitling the holder to a uniform +medal of bronze. Some of the "side-shows," although perhaps pecuniary +successes, did not add to the dignity of the exhibition. The date at +which it was held, the Centenary of the French Revolution, did not +commend it to several European governments. Austria, Hungary, Belgium, +China, Egypt, Spain, Great Britain, Italy, Luxemburg, Holland, Peru, +Portugal, Rumania and Russia took part, but not officially, while +Germany, Sweden, Turkey and Montenegro were conspicuous by their +absence. On the other hand, Argentina, Bolivia, Chile, the United +States, Greece, Guatemala, Morocco, Mexico, Nicaragua, Norway, Paraguay, +Salvador, the South African Republic, Switzerland, Uruguay and Venezuela +sent commissioners, who were accredited to the government of the French +Republic. The total number of exhibitors was 61,722, of which France +contributed 33,937, and the rest of the world 27,785. The British and +colonial section was under the management of the Society of Arts, which +obtained a guarantee fund of £16,800, and, in order to recoup itself +for its expenditure, made a charge to exhibitors of 5s. per sq. ft. for +the space occupied. There were altogether 1149 British exhibitors, of +whom 429 were in the Fine Arts section. One of the features of the +exhibition was the number of congresses and conferences held in +connexion with it. + +During the year 1890 there was a Mining Exhibition at the Crystal +Palace, and a Military Exhibition in the grounds of Chelsea Hospital; in +1891 a Naval Exhibition at Chelsea and an International at Jamaica. In +1891-1892 there were exhibitions at Palermo and at Launceston in +Tasmania; in 1892, a Naval Exhibition at Liverpool, and one of +Electrical Appliances at the Crystal Palace. A series of small national +exhibitions under private management was held at Earl's Court between +1887 and 1891. The first of the series was that of the United +States--Italy followed in 1888, Spain in 1889, France in 1890 and +Germany in 1891. + +The next exhibition of the first order of magnitude was at Chicago in +1893, and was held in celebration of the 400th anniversary of the +discovery of America by Columbus. The financial arrangements were +undertaken by a company, with a capital of £2,000,000. The central +government at Washington allotted £20,000 for the purposes of foreign +exhibits, and £300,000 for the erection and administration of a building +for exhibits from the various government departments. The exhibition was +held at Jackson Park, a place for public recreation, 580 acres in +extent, situated on the shore of Lake Michigan, on the southern side of +the city, with which it was connected by railways and tramways. Special +provision was made for locomotion in the grounds themselves by a +continuous travelling platform and an elevated electric railway. The +proximity of the lake, and of some artificial canals which had been +constructed, rendered possible the service of electric and steam +launches; The exhibition remained open from the 1st of May to the 30th +of October, and was visited by 21,477,212 persons, each of whom paid +half a dollar (about 2s. 1d.) for admission. The largest number of +visitors on any one day was 716,881. In addition to its direct vote of +£320,000, Congress granted £500,000 to the exhibition in a special +coinage, which sold at an enhanced price. The receipts from admissions +were £2,120,000; from concessions, £750,000; and the miscellaneous +receipts, £159,000: total, £3,029,000. The total expenses were +£5,222,000. Of the sums raised by the Company, £400,000 was returned to +the subscribers. Speaking roughly, it may be said that the total outlay +on the Chicago Exhibition was six millions sterling, of which three +millions were earned by the Fair, two millions subscribed by Chicago and +a million provided by the United States government. The sums expended by +the participating foreign governments were estimated at £1,440,000. The +total area occupied by buildings at Chicago was as nearly as possible +200 acres, the largest building, that devoted to manufactures, being +1687 ft. by 787, and 30.5 acres. The funds for the British commission, +which was under the control of the Society of Arts, were provided by the +imperial government, which granted £60,000. The number of British +exhibitors was 2236, of whom 597 were Industrial, 501 Fine Arts and 1138 +Women's work. In this total were included 18 Indian exhibitors. The +space occupied by Great Britain was 306,285 sq. ft.; and, in addition, +separate buildings were erected in the grounds. These were Victoria +House, the headquarters of the British commission; the Indian Pavilion, +erected by the Indian Tea Association; the Kiosk of the White Star +Steamship Company; and the structure set up by the Maxim-Nordenfelt +Company. Canada and New South Wales had separate buildings, which +covered 100,140 and 50,951 sq. ft. respectively; and Cape Colony +occupied 5250, Ceylon 27,574, British Guiana 3367, Jamaica 4250, +Trinidad 3400 and India 3584, sq. ft. in the several buildings. The +total space occupied by the British Colonies was therefore 193,660 sq. +ft. The system of awards was considered extremely unsatisfactory. +Instead of international juries, a single judge was appointed for each +class, and the recompenses were all of one grade, a bronze medal and a +diploma, on which was stated the reasons which induced the judge to +make his decision. Some judges took a high standard, and refused to make +awards except to a small proportion of selected exhibits; others took a +low one, and gave awards indiscriminately. About 1183 awards were made +to British exhibitors. The French refused to accept any awards. The +value of the British goods exhibited was estimated, exclusive of Fine +Arts, at £430,000, and the expenses of showing them at £200,000. A large +expenditure was incurred in the erection of buildings, which were more +remarkable for their beauty and grandeur than for their suitableness to +the purposes for which they were intended. Considerable areas were +devoted to "side-shows," and the Midway Plaisance, as it was termed, +resembled a gigantic fair. Every country in the world contributed +something. There were sights and shows of every sort from everywhere. +The foreign countries represented were Argentina, Austria, Belgium, +Bolivia, Brazil, Bulgaria, Chile, Colombia, Costa Rica, Cuba, Curaçoa, +Denmark, Danish West Indies, Ecuador, France, Germany, Greece, +Guatemala, Honduras, Hayti, Japan, Johore, Korea, Liberia, Mexico, +Monaco, Netherlands, Norway, Orange Free State, Paraguay, Persia, +Portugal, Russia, Siam, Spain, Sweden, Turkey, United Kingdom and +Colonies, Uruguay and Venezuela. + +Exhibitions were held at Antwerp, Madrid and Bucharest in 1894; Hobart +in 1894-1895; Bordeaux, 1895; Nizhni Novgorod, Berlin and Buda-Pest in +1896; Brussels and Brisbane in 1897. A series of exhibitions, under the +management of the London Exhibitions Company, commenced at Earl's Court +in 1895 and continued in successive years. + +The Paris Exhibition of 1900 was larger than any which had been +previously held in Europe. The buildings did not cover so much ground as +those at Chicago, but many of those at Paris had two or more floors. In +addition to the localities occupied in 1889, additional space was +obtained at the Champs Elysées, the park of Vincennes, on the north bank +of the Seine between the Place de la Concorde, and at the Trocadero. The +total superficial area occupied was as follows: Champ de Mars, 124 +acres; Esplanade des Invalides, 30 acres; Trocadero Gardens, 40 acres; +Champs Elysées, 37 acres; quays on left bank of Seine, 23 acres; quays +on right bank of Seine, 23 acres; park at Vincennes, 270 acres: total, +549 acres. The space occupied by buildings and covered in amounted to +4,865,328 sq. ft., 111½ acres. The French section covered 2,691,000 sq. +ft., the foreign 1,829,880, and those at the park of Vincennes 344,448 +sq. ft. About one hundred French and seventy-five foreign pavilions and +detached buildings were erected in the grounds in addition to the +thirty-six official pavilions, which were for the most part along the +Quai d'Orsay. Funds were raised upon the same system as that adopted in +1889. The French government granted £800,000, and a similar sum was +contributed by the municipality of Paris. £2,400,000 was raised by the +issue of 3,250,000 "bons," each of the value of 20 francs, and +containing 20 tickets of admission to the exhibition of the face value +of one franc each, and a document which gave its holder a right either +to a reduced rate for admission to the different "side-shows" or else to +a diminution in the railway fare to and from Paris, together with a +participation in the prizes, amounting to six million francs, drawn at a +series of lotteries. Permission to erect restaurants, and to open places +of amusement in buildings erected for that purpose, were sold at high +prices, and for these privileges, which only realised 2,307,999 francs +in 1889, the concessionaires agreed to pay 8,864,442 francs in 1900. The +results did not justify the expectations which had been formed, and the +administration finally consented to receive a much smaller sum. The +administration calculated that they would have 65,000,000 paying +visitors, though there were only 13,000,000 in 1878 and 25,398,609 in +1889. A very few weeks after the opening day, April 15th, it became +evident that the estimated figures would not be reached, since a large +number of holders of "bons" threw them on the market, and the selling +price of an admission ticket declined from the par value of one franc to +less than half that amount, or from 30 to 50 centimes. The proprietors +of the restaurants and "side-shows" discovered that they had paid too +much for their concessions, that the buildings they had erected were far +too handsome and costly to be profitable, and that the public preferred +the exhibition itself to the so-called attractions. The exhibition was +largely visited by foreigners, but various causes kept away many persons +of wealth and position. Although many speculators were ruined, the +exhibition itself was successful. The attendance was unprecedentedly +large, and during the seven months the exhibition was open, 39,000,000 +persons paid for admission with 47,000,000 tickets, since from two to +five tickets were demanded at certain times of the day and on certain +occasions. The entries of exhibitors, attendants and officials totalled +9,000,000. The receipts were 114,456,213 francs (£4,578,249), and the +expenditure 116,500,000 (£4,660,000), leaving a deficiency of rather +more than two millions of francs (£80,000). It was calculated that the +expenditure of the foreign nations which took part in the exhibition was +six millions sterling, and of the French exhibitors and concessionaires +three millions sterling. + +A new plan of classifying exhibits was adopted at Paris, all being +displayed according to their nature, and not according to their country +of origin, as had been the system at previous exhibitions. One-half the +space in each group was allotted to France, so that the exhibitors of +that nation were enabled to overwhelm their rivals by the number and +magnitude of the objects displayed by them. All the agricultural +implements, whatever their nationality, were in one place, all the +ceramics in another, so that there was no exclusively British and no +exclusively German court. The only exception to this rule was in the +Trocadero, where the French, British, Dutch, and Portuguese Colonies, +Algeria, Tunis, Siberia, the South African Republic, China and Japan +were allowed to erect at their own cost separate pavilions. The greater +number of the nationalities represented had palaces of their own in the +rue des Nations along the Quai d'Orsay, in which thoroughfare were to be +seen the buildings erected by Italy, Turkey, the United States, Denmark, +Portugal, Austria, Bosnia, Herzegovina, Peru, Hungary, the United +Kingdom, Persia, Belgium, Norway, Luxemburg, Finland, Germany, Spain, +Bulgaria, Monaco, Sweden, Rumania, Greece, Servia and Mexico. Scattered +about the grounds, in addition to those in the Trocadero, were the +buildings of San Marino, Morocco, Ecuador and Korea. Nearly every +civilized country in the world was represented at the exhibition, the +most conspicuous absentees being Argentina, Brazil, Chile, and some +other South and Central American Republics, and a number of the British +colonies. The most noteworthy attractions of the exhibition were the +magnificent effects produced by electricity in the palace devoted to it +in the Chateau d'Eau and in the Hall of Illusions, the two palaces of +the Fine Arts in the Champs Elysées, and the Bridge over the Seine +dedicated to the memory of Alexander II. These permanent Fine Art +palaces were devoted, the one to modern painting and sculpture, the +other to the works of French artists and art workmen who flourished from +the dawn of French art up to the end of the 18th century. + +The United Kingdom was well but not largely represented both in Fine +Arts and Manufactures, the administration of the section being in the +hands of a royal commission, presided over by the prince of Wales. The +British pavilion contained an important collection of paintings of the +British school, chiefly by Reynolds, Gainsborough and their +contemporaries, and by Turner and Burne-Jones. Special buildings had +been erected by the British colonies and by British India. Canada, West +Australia and Mauritius occupied the former, India and Ceylon the +latter. For the first time since the war of 1870 Germany took part in a +French International Exhibition, and the exhibits showed the great +industrial progress which had been made since the foundation of the +empire in 1870. The United States made a fine display, and fairly +divided the honours with Germany. Remarkable progress was manifested in +the exhibits of Canada and Hungary. France maintained her superiority in +all the objects in which good taste was the first consideration, but the +more utilitarian exhibits were more remarkable for their number than +their quality, except those connected with electrical work and display, +automobiles and iron-work. The number of exhibitors in the industrial +section from the British empire, including India and the colonies, was +1250, who obtained 1647 awards, as many persons exhibited in several +classes. There were, in addition, 465 awards for "collaborateurs," that +is, assistants, engineers, foremen, craftsmen and workmen who had +co-operated in the production of the exhibits. In the British Fine Arts +section there were 429 exhibits by 282 exhibitors and 175 awards. + +In later years, important international exhibitions have been held at +Glasgow, and at Buffalo, New York, in 1901, at St Louis (commemorating +the Louisiana purchase) in 1904, at Liége in 1905, at Milan in 1906, at +Dublin in 1907, and in London (Franco-British), 1908. In the artistic +taste and magnificence of their buildings and the interest of their +exhibits these took their cue from the great Paris Exhibition, and even +in some cases went beyond it, notably at Buffalo (q.v.), St Louis (q.v.) +and London. And it might well be thought that the evolution of this type +of public show had reached its limits. (G. C. L.) + + +FOOTNOTE: + + [1] An "exhibition," in the sense of a minor scholarship, or annual + payment to a student from the funds of a school or college, is a + modern survival from the obsolete meaning of "maintenance" or + "endowment" (cf. Late Lat. _exhibitio et tegumentum_, i.e. food and + raiment). + + + + +EXHUMATION (from Med. Lat. _exhumare_; _ex_, out of, and _humus_, +ground), the act of digging up and removing an object from the ground. +The word is particularly applied to the removal of a dead body from its +place of burial. For the offence of exhuming a body without legal +authority, and the process of obtaining such authority, see BURIAL AND +BURIAL ACTS. + + + + +EXILARCH, in Jewish history, "Chief or Prince of the Captivity." The +Jews of Babylonia, after the fall of the first temple, were termed by +Jeremiah and Ezekiel the people of the "Exile." Hence the head of the +Babylonian Jews was the exilarch (in Aramaic _Resh Galutha_). The office +was hereditary and carried with it considerable power. Some traditions +regarded the last king of Davidic descent (Jehoiachin) as the first +exilarch, and all the later holders of the dignity claimed to be scions +of the royal house of Judah. Under the Arsacids and Sassanids the office +continued. In the 6th century an attempt was made to secure by force +political autonomy for the Jews, but the exilarch who led the movement +(Mar Zutra) was executed. For some time thereafter the office was in +abeyance, but under Arabic rule there was a considerable revival of its +dignity. From the middle of the 7th till the 11th centuries the +exilarchs were all descendants of Bostanai, through whom "the splendour +of the office was renewed and its political position made secure" +(Bacher). The last exilarch of importance was David, son of Zakkai, +whose contest with Seadiah (q.v.) had momentous consequences. Hezekiah +(c. 1040) was the last Babylonian exilarch, though the title left its +traces in later ages. Benjamin of Tudela (_Itinerary_, p. 61) names an +exilarch Daniel b. Hisdai in the 12th century. Petahiah (_Travels_, p. +17) records that this Daniel's nephew succeeded to the office jointly +with a R. Samuel. The latter, according to Petahiah, had a learned +daughter who "gave instruction, through a window, remaining in the house +while the disciples were below, unable to see her." + +Our chief knowledge of the position and function of the exilarch +concerns the period beginning with the Arabic rule in Persia. In the age +succeeding the Mahommedan conquest the exilarch was noted for the +stately retinue that accompanied him, the luxurious banquets given at +his abode, and the courtly etiquette that prevailed there. A brilliant +account has come down of the ceremonies at the installation of a new +exilarch. Homage was paid to him by the rabbinical heads of the colleges +(each of whom was called Gaon, q.v.); rich gifts were presented; he +visited the synagogue in state, where a costly canopy had been erected +over his seat. The exilarch then delivered a discourse, and in the +benediction or doxology (_Qaddish_) his name was inserted. Thereafter he +never left his house except in a carriage of state and in the company of +a large retinue. He would frequently have audiences of the king, by whom +he was graciously received. He derived a revenue from taxes which he was +empowered to exact. The exilarch could excommunicate, and no doubt had +considerable jurisdiction over the Jews. A spirited description of the +glories of the exilarch is given in D'Israeli's novel _Alroy_. + + See Neubauer, _Mediaeval Jewish Chronicles_, ii. 68 seq.; Zacuto, + _Yuhasin_; Graetz, _Geschichte_, vols. iv.-vi.; Benjamin of Tudela, + _Itinerary_, ed. Adler, pp. 39 seq.; Bacher, _Jewish Encyclopaedia_, + vol. v. 288. (I. A.) + + + + +EXILE (Lat. _exsilium_ or _exilium_, from _exsul_ or exul, which is +derived from _ex_, out of, and the root _sal_, to go, seen in _salire_, +to leap, _consul_, &c.; the connexion with _solum_, soil, country is now +generally considered wrong), banishment from one's native country by the +compulsion of authority. In a general sense exile is applied to +prolonged absence from one's country either through force of +circumstances or when undergone voluntarily. Among the Greeks, in the +Homeric age, banishment ([Greek: phugê]) was sometimes inflicted as a +punishment by the authorities for crimes affecting the general +interests, but is chiefly known in connexion with cases of homicide. +With these the state had nothing to do; the punishment of the murderer +was the duty and privilege of the relatives of the murdered man. Unless +the relatives could be induced to accept a money payment by way of +compensation ([Greek: poinê], weregeld; see especially Homer, _Iliad_, +xviii. 497), in which case the murderer was allowed to remain in the +country, his only means of escaping punishment was flight to a foreign +land. If, during his self-imposed exile, the relatives expressed their +willingness to accept the indemnity, he was at liberty to return and +resume his position in society. + +In later times banishment is (1) a legal punishment for particular +offences; (2) voluntary. + +1. Banishment for life with confiscation of property was inflicted upon +those who destroyed or uprooted the sacred olives at Athens; upon those +who remained neutral during a sedition (by a law of Solon, which +subsequently fell into abeyance); upon those who gave refuge to or +received on board ship a man who had fled to avoid punishment; upon +those who wounded with intent to kill and those who prompted them to +such an act (it is uncertain whether in this case exile was for life or +temporary); upon any one who wilfully murdered an alien; for impiety. +Certain political crimes were also similarly punished--treason, +laconism, sycophancy (see SYCOPHANT), attempts to subvert existing +decrees. For the peculiar form of banishment called OSTRACISM, see +separate article. + +In cases of voluntary homicide the punishment was death; but (except in +cases of parricide) the murderer could leave the country unmolested +after the first day of the trial. He was bound to remain outside Attica, +and when on foreign soil was not allowed to appear at the public games, +to enter the temples or take part in sacrifices; but provided that he +adhered to the prescribed regulations, he was accorded a certain amount +of protection. Even when a general amnesty was proclaimed, he was not +allowed to return; if he did so, he might at once be put to death. + +Temporary exile (the period of which is uncertain) without confiscation, +was the punishment for involuntary homicide. As soon as the relatives of +the deceased became reconciled to the man who had slain him, the latter +was permitted to return; further, since banishment was only temporary, +it is reasonable to suppose that the law insisted upon such +reconciliation. + +2. Citizens sometimes voluntarily left the country for other reasons +(debt, inability to pay a fine). Since extradition was only demanded in +cases of high treason or other serious offences against the state, the +fugitive was not interfered with. He was at liberty to return after a +certain time had elapsed. + +Little is known about exile as it affected Sparta and other Greek towns, +but it is probable that the same conditions prevailed as at Athens. + +At Rome, in early times, exile was not a punishment, but rather a means +of escaping punishment. Before judgment had been finally pronounced it +was open to any Roman citizen condemned to death to escape the penalty +by voluntary exile (_solum vertere exsilii causa_). To prevent his +return, he was interdicted from the use of fire and water; if he broke +the interdict and returned, any one had the right to put him to death. +The _aquae et ignis_ (to which _et tecti_ "shelter" is sometimes added) +_interdictio_ is variously explained as exclusion from the necessaries +of life, from the symbols of civic communion, or from "the marks of a +pure society, which the criminal would defile by his further use of +them." Subsequently (probably at the time of the Gracchi) it became a +recognized legal penalty, practically equivalent to "exile," taking the +place of capital punishment. The criminal was permitted to withdraw from +the city _after_ sentence was pronounced; but in order that this +withdrawal might as far as possible bear the character of a punishment, +his departure was sanctioned by a decree of the people which declared +his exile permanent. Authorities are not agreed whether this exile by +interdiction entailed loss of _civitas_; according to some this did not +ensue until (as in earlier times) the criminal had assumed the +citizenship of the state in which he had taken refuge and thereby lost +his rights as a citizen of Rome, while others hold that it was not until +the time of Tiberius (A.D. 23) that _capitis deminutio media_ became the +direct consequence of trial and conviction. _Interdictio_ was the +punishment for treason, murder, arson and other serious offences which +came under the cognizance of the _quaestiones perpetuae_ (permanent +judicial commissions for certain offences); confiscation of property was +only inflicted in extreme cases. + +Under the Empire _interdictio_ gradually fell into disuse and a new form +of banishment, introduced by Augustus, called _deportatio_, generally +_in insulam_, took its place. For some time the two probably existed +side by side. _Deportatio_ consisted in transportation for life to an +island (or some place prescribed on the mainland, not of Italy), +accompanied by loss of _civitas_ and all civil rights, and confiscation +of property. The most dreaded places of exile were the islands of +Gyarus, Sardinia, an oasis in the desert (_quasi in insulam_) of Libya; +Crete, Cyprus and Rhodes were considered more tolerable. Large bodies of +persons were also transported in this manner; thus Tiberius sent 4000 +freedmen to Sardinia for Jewish or Egyptian superstitious practices. +_Deportatio_ was originally inflicted upon political criminals, but in +course of time became more particularly a means of removing those whose +wealth and popularity rendered them objects of suspicion. It was also a +punishment for the following offences: adultery, murder, poisoning, +forgery, embezzlement, sacrilege and certain cases of immorality. + +_Relegatio_ was a milder form of _deportatio_. It either excluded the +person banished from one specified district only, with permission to +choose a residence elsewhere, or the place of exile was fixed. +_Relegatio_ could be either temporary or for life, but it did not in +either case carry with it loss of _civitas_ or property, nor was the +exile under military surveillance, as in the case of _deportatio_. Thus, +Ovid, when in exile at Tomi, says (_Tristia_, v. ii): "he (i.e. the +emperor) has not deprived me of life, nor of wealth, nor of the rights +of a citizen ... he has simply ordered me to leave my home." He calls +himself _relegatus_, not _exsul_. + +In later writers the word _exsilium_ is used in the sense of all its +three forms--_aquae et ignis interdictio_, _deportatio_ and _relegatio_. + +In England the first enactment legalizing banishment dates from the +reign of Elizabeth (39 Eliz. c. 4), which gave power to banish from the +realm "such rogues as are dangerous to the inferior people." A statute +of Charles II. (18 Car. II. c. 3) gave power to execute or to transport +to America for life the mosstroopers of Cumberland and Northumberland. +Banishment or transportation for criminal offences was regulated by an +act of 1824 (5 Geo. IV. s. 84) and finally abolished by the Penal +Servitude Acts 1853 and 1857 (see further DEPORTATION). The word exile +has sometimes, though wrongly, been applied to the sending away from a +country of those who are not natives of it, but who may be temporary or +even permanent residents in it (see ALIEN; EXPATRIATION; EXPULSION). + + BIBLIOGRAPHY.--J.J. Thonissen, _Le Droit pénal de la république + athénienne_ (Brussels, 1875); G.F. Schömann, _Griechische Altertümer_ + (4th ed., 1897), p. 46; T. Mommsen, _Rönmisches Strafrecht_ (1899), + pp. 68, 964, and _Römisches Staatsrecht_ (1887), iii. p. 48; L.M. + Hartmann, _De exilio apud Rumanos_ (Berlin, 1887); F. von + Holtzendorff-Vietmansdorf, _Die Deportationsstrafe im römischen + Alterthum_ (Leipzig, 1859); articles in Smith's _Dict. of Greek and + Roman Antiquities_ (3rd ed., 1890) and Daremberg and Saglio's _Dict. + des antiquités_ (C. Lécrivain and G. Humbert). + + + + + +EXILI, an Italian chemist and poisoner in the 17th century. His real +name was probably Nicolo Egidi or Eggidio. Few authentic details of his +life exist. Tradition, however, credits him with having been originally +the salaried poisoner at Rome of Olympia Maidalchina, the mistress of +Pope Innocent X. Subsequently he became a gentleman in waiting to Queen +Christina of Sweden, whose taste for chemistry may have influenced this +appointment. In 1663 his presence in France aroused the suspicions of +the French government, and he was imprisoned in the Bastille. Here he is +said to have made the acquaintance of Godin de Sainte-Croix, the lover +of the marquise de Brin-villiers (q.v.). After three months' +imprisonment, powerful influences secured Exili's release, and he left +France for England. In 1681 he was again in Italy, where he married the +countess Fantaguzzi, second cousin of Duke Francis of Modena. + + + + +EXMOOR FOREST, a high moorland in Somersetshire and Devonshire, England. +The uplands of this district are bounded by the low alluvial plain of +Sedgemoor on the east, by the lower basin of the Exe on the south, by +the basin of the Taw (in part) on the west, and by the Bristol Channel +on the north. The area thus defined, however, includes not only Exmoor +but the Brendon and Quantock Hills east of it. Excluding these, the +total area in the district lying at an elevation exceeding 1000 ft. is +about 120 sq. m. The geological formation is Devonian. The ancient +forest had an area of about 20,000 acres, and was enclosed in 1815. +Large tracts are still uncultivated; and the wild red deer and native +Exmoor pony are characteristic of the district. The highest point is +Dunkery Beacon in the east (1707 ft.), but Span Head in the south-west +is 1618 ft., and a height of 1500 ft. is exceeded at several points. The +Exe, Barle, Lyn and other streams, traversing deep picturesque valleys +except in their uppermost courses, are in favour with trout fishermen. +The few villages, such as Exford, Withypool and Simonsbath, with Lynton +and Lynmouth on the coast, afford centres for tourists and sportsmen. +Exmoor is noted for its stag hunting. The district has a further fame +through Richard Blackmore's novel, _Lorna Doone_. + + + + +EXMOUTH, EDWARD PELLEW, 1ST VISCOUNT (1757-1833), English admiral, was +descended from a family which came originally from Normandy, but had for +many centuries been settled in the west of Cornwall. He was born at +Dover, on the 19th of April 1757. At the age of thirteen he entered the +navy, and even then his smartness and activity, his feats of daring, and +his spirit of resolute independence awakened remark, and pointed him out +as one specially fitted to distinguish himself in his profession. He had, +however, no opportunity of active service till 1776, when, at the battle +of Lake Champlain, his gallantry, promptitude and skill, not only saved +the "Carleton"--whose command had devolved upon him during the progress +of the battle--from imminent danger, but enabled her to take a prominent +part in sinking two of the enemy's ships. For his services on this +occasion he obtained a lieutenant's commission, and the command of the +schooner in which he had so bravely done his duty. The following year, in +command of a brigade of seamen, he shared in the hardships and perils of +the American campaign of General Burgoyne. In 1782, in command of the +"Pelican," he attacked three French privateers inside the Île de Batz, +and compelled them to run themselves on shore--a feat for which he was +rewarded by the rank of post-captain. On the outbreak of the French War +in 1793, he was appointed to the "Nymphe," a frigate of 36 guns; and, +notwithstanding that for the sake of expedition she was manned chiefly by +Cornish miners, he captured, after a desperate conflict, the French +frigate "La Cléopâtre," a vessel of equal strength. For this act he +obtained the honour of knighthood. In 1794 he received the command of the +"Arethusa" (38), and in a fight with the French frigate squadron off the +Île de Batz he compelled the "Pomona" (44) to surrender. The same year +the western squadron was increased and its command divided, the second +squadron being given to Sir Edward Pellew in the "Indefatigable" (44). +While in command of this squadron he, on several occasions, performed +acts of great personal daring; and for his bravery in boarding the +wrecked transport "Dutton," and his promptitude and resolution in +adopting measures so as to save the lives of all on board, he was in 1796 +created a baronet. In 1798 he joined the channel fleet, and in command of +the "Impétueux" (74) took part in several actions with great distinction. +In 1802 Sir Edward Pellew was elected member of parliament for Dunstable, +and during the time that he sat in the Commons he was a strenuous +supporter of Pitt. In 1804 he was made rear-admiral of the blue, and +appointed commander-in-chief in India, where, by his vigilance and +rapidity of movement, he entirely cleared the seas of French cruisers, +and secured complete protection to English commerce. He returned to +England in 1809, and in 1810 was appointed commander-in-chief in the +North Sea, and in 1811 commander-in-chief in the Mediterranean. In 1814 +he was created Baron Exmouth of Canonteign, and in the following year was +made K.C.B., and a little later G.C.B. When the dey of Algiers, in 1816, +violated the treaty for the abolition of slavery, Exmouth was directed to +attack the town. Accordingly, on the 26th of August, he engaged the +Algerine battery and fleet, and after a severe action of nine hours' +duration, he set on fire the arsenal and every vessel of the enemy's +fleet, and shattered the sea defences into ruins. At the close of the +action the dey apologized for his conduct, and agreed to a renewal of the +treaty, at the same time delivering up over three thousand persons of +various nationalities who had been Algerine slaves. For this splendid +victory Exmouth was advanced to the dignity of viscount. Shortly before +his death, which took place on the 23rd of January 1833, he was made +vice-admiral. + +He had married Susan (d. 1837), daughter of James Frowde of Knoyle, +Wiltshire, who bore him four sons and two daughters. His eldest son, +Pownoll Bastard Pellew (1786-1833), became 2nd Viscount Exmouth, and his +descendant, Edward Addington Hargreaves Pellew (b. 1890), became the 5th +viscount in 1899. + +Exmouth's second son, Sir Fleetwood Broughton Reynolds Pellew +(1789-1861), was like his father an admiral. The third son was George +Pellew (1793-1866), author and divine, who married Frances (d. 1870), +daughter of the prime minister, Lord Sidmouth, and wrote his +father-in-law's life (_The Life and Correspondence of Henry Addington, +1st Viscount Sidmouth_, 1847). + +Exmouth had a brother, Sir Israel Pellew (1758-1832), also an admiral, +who was present at the battle of Trafalgar. + + A _Life_ of the 1st viscount, by Edward Osler, was published in 1835. + + + + +EXMOUTH, a market-town, seaport and watering-place in the Honiton +parliamentary division of Devonshire, England, at the mouth of the river +Exe, 10½ m. S.E. by S. of Exeter by the London & South-Western railway. +Pop. of urban district (1901) 10,485. In the 18th century it consisted +of a primitive fishing village at the base of Beacon Hill, a height +commanding fine views over the estuary and the English Channel. After +its more modern terraces were built up the hillside, Exmouth became the +first seaside resort in Devon. Its excellent bathing and the beauty of +its coast and moorland scenery attract many visitors in summer, while it +is frequented in winter by sufferers from pulmonary disease. The climate +is unusually mild, as a range of hills shelters the town on the east. A +promenade runs along the sea wall; there are golf links and public +gardens, and the port is a favourite yachting centre, a regatta being +held annually. Near the town is a natural harbour called the Bight. The +local industries include fishing, brick-making and the manufacture of +Honiton lace. Exmouth was early a place of importance, and in 1347 +contributed 10 vessels to the fleet sent to attack Calais. It once +possessed a fort or "castelet," designed to command the estuary of the +Exe. This fort, which was garrisoned for the king during the Civil War, +was blockaded and captured by Colonel Shapcoate in 1646. + + + + +EXODUS, BOOK OF, in the Bible, a book of the Old Testament which derives +its name, through the Greek, from the event which forms the most +prominent feature of the history it narrates, viz. the deliverance of +Israel from Egypt. Strictly speaking, however, this title is applicable +to the first half only, the historical portion of the book, and takes no +account of those chapters which describe the giving of the Law on Mt. +Sinai, nor of those which deal with the Tabernacle and its furniture. By +the Jews it is usually styled after its opening words [Hebrew: We'eleh +Shemoth] (_We'eleh Shemoth_) or, more briefly, [Hebrew: Shemoth] +(_Shemoth_). + +In its present form the book sets forth (a) the oppression of the +Israelites in Egypt (ch. i.), (b) the birth and education of Moses, and +his flight to the land of Midian (ch. ii.), (c) the theophany at Mt. +Horeb (the Burning Bush), and the subsequent commission of Moses and +Aaron (iii. 1-iv. 17), (d) the return of Moses to Egypt, and his appeal +to Pharaoh which results in the further oppression of Israel (iv. +18-vii. 7), (e) the plagues of Egypt (vii. 8-xi. 10), (f) the +institution of the Passover and of the Feast of Unleavened Cakes, the +last plague, and Israel's departure from Egypt (xii. 1-xiii. 16), (g) +the crossing of the Red Sea and the discomfiture of the Egyptians, the +Song of Triumph, the sending of the manna and other incidents of the +journeying through the wilderness (xiii. 17-xviii. 27), (h) the giving +of the Law, including the Decalogue and the so-called Book of the +Covenant, on Sinai-Horeb (xix.-xxiv.), (i) directions for the building +of the Tabernacle and for the consecration of the priests (xxv.-xxxi.), +(j) the sin of the Golden Calf, and another earlier version of the first +legislation (xxxii.-xxxiv.), (k) the construction of the Tabernacle and +its erection (xxxv.-xl.). The book of Exodus, however, like the other +books of the Hexateuch, is a composite work which has passed, so to +speak, through many editions; hence the order of events given above +cannot lay claim to any higher authority than that of the latest editor. +Moreover, the documents from which the book has been compiled belong to +different periods in the history of Israel, and each of them, +admittedly, reflects the standpoint of the age in which it was written. +Hence it follows that the contents of the book are not of equal +historical value; and though the claim of a passage to be considered +historical is not necessarily determined by the age of the source from +which it is derived, yet, in view of the known practice of Hebrew +writers, greater weight naturally attaches to the earlier documents in +those cases in which the sources are at variance with one another. Any +attempt, therefore, at restoring the actual course of history must be +preceded by an inquiry into the source of the various contents of the +book. + +The sources from which the book of Exodus has been compiled are the same +as those which form the basis of the book of Genesis, while the method +of composition is very similar. Here, too, the strongly marked +characteristics of P, or the Priestly Document, as opposed to JE, enable +us to determine the extent of that document with comparative ease; but +the absence, in some cases, of conclusive criteria prevents any final +judgment as to the exact limits of the two strands which have been +united in the composite JE. The latter statement applies especially to +the legislative portions of the book: in the historical sections the +separation of the two sources gives rise to fewer difficulties. It does +not, however, lie within the scope of the present article to examine the +various sources underlying the narrative with any minuteness, but rather +to sum up those results of modern criticism which have been generally +accepted by Old Testament scholars. To this end it will be convenient to +treat the subject-matter of the book under three main heads: (a) the +historical portion (ch. i.-xviii.), (b) the sections dealing with the +giving of the Law (xix.-xxiv., xxxii.-xxxiv.), and (c) the construction +of the Tabernacle and its furniture (xxv.-xxxi., xxxv.-xl.). + + (a) _Israel in Egypt and the Exodus_ (ch. i.-xviii.). (1) i. 1-vii. + 13.--The analysis of these chapters shows that the history, in the + main, has been derived from the two sources J and E, chiefly the + former, and that a later editor has included certain passages from P, + besides introducing a slight alteration of the original order and + other redactional changes. The combined narrative of JE sets forth the + rise of a new king in Egypt, who endeavoured to check the growing + strength of the children of Israel; it thus prepares the way for the + birth of Moses, his early life in Egypt, his flight to Midian and + marriage with Zipporah, the theophany at Mt. Horeb, and his divine + commission to deliver Israel from Egypt. + + At the very outset the two sources betray their divergent origin and + point of view. According to J (i. 6, 8-12, 20b) the Israelites dwell + apart in the province of Goshen, and their numbers become so great as + to call for severe measures of repression, the method employed being + that of forced labour. E, on the other hand (i. 15-20a, 21, 22), + represents them as living among the Egyptians, and so few in number + that two midwives satisfy their requirements. It is to this latter + source that we owe the account of the birth of Moses and of his + education at the court of Pharaoh (ii. 1-10). On reaching manhood + Moses openly displays his sympathy with his brethren by slaying an + Egyptian, and has, in consequence, to flee to Midian, where he marries + Zipporah, the daughter of the priest of Midian (ii. 11-22). In this + section the editor has undoubtedly made use of the parallel narrative + of J, though it is impossible to determine the exact point at which + J's account is introduced: certainly ii. 15b-22 belong to that + source.[1] The narrative of the call of Moses is by no means uniform, + and shows obvious traces of twofold origin (J iii. 2-4a, 5, 7, 8, + 16-18; iv. 1-12 (13-16), 29-31; E iii. 1, 4b, 6, 9-14, 21, 22; iv. 17, + 18, 20b, 27, 28). These two sources present striking points of + difference, which reappear in the subsequent narrative. According to + E, Moses with Aaron is to demand from Pharaoh the release of Israel, + which will be effected in spite of his opposition; in assurance + thereof the promise is given that they shall serve God upon this + mountain; moreover, the people on their departure are to borrow + raiment and jewels from their Egyptian neighbours. According to J, on + the other hand, the spokesmen are to be Moses and the elders; and + their request is for a temporary departure only, viz. "three days' + journey into the wilderness"; their departure from Egypt is a hurried + one. Yet another difficulty, which disappears as soon as the composite + character of the narrative is recognized, is that of the signs. In J + three signs are given for the purpose of reassuring Moses, only one of + which is wrought with the rod (iv. 1-9), but in iv. 17 (E) the + reference is clearly to entirely different signs, probably the plagues + of Egypt, which according to E were invariably wrought by "the rod of + God." Further, it is questionable if the passage iv. 13-16 really + forms part of the original narrative of J, and is not rather to be + ascribed to the redactor of JE. The name of Aaron has certainly been + introduced by a later hand in J's account of the plague of frogs + (viii. 12), and the only passage in J in which Aaron is represented as + taking an active part is iv. 29-31, where the mention of his name + causes no little difficulty.[2] In E, on the other hand, Aaron is sent + by God to meet Moses at Mt. Horeb, after the latter had taken leave of + Jethro, and, later on, accompanies him into the presence of Pharaoh. + The succeeding narrative (v. 1-vi. 1) is mainly taken from J, though + E's account of the first interview with Pharaoh has been partially + retained in v. 1, 2, 4. Moses and the elders ask leave to go three + days' journey into the wilderness to sacrifice to Yahweh, a request + which is met by an increase of the burdensome work of brick-making: + henceforward the Israelites have to provide their own straw. The + people complain bitterly to Moses, who appeals to Yahweh and is + assured by him of the future deliverance of Israel "by a strong hand." + + With the exception of the genealogical list (i. 1-5) and the brief + notices of the increase of Israel (i. 7) and of its oppression at the + hands of the Egyptians (i. 13, 14; ii. 23b-25), the narrative so far + exhibits no traces of P[3]. But in vi. 2-vii. 13 we are confronted + with a narrative which carries us back to ii. 23b-25 and gives + practically a parallel account to that of JE in ch. iii.-v. Thus the + revelation of the divine name, vi. 2f., finds its counterpart in iii. + 10f., the message to be delivered to Israel (vi. 6f.) is very similar + to that of ch. iii. 16f., while the demand which is to be addressed to + Pharaoh is identical with that which had been already refused in ch. + v. No allusion, however, is made by Moses to this previous demand; he + merely urges the same objection as that put forward in iv. 10f. With + the resumption[4] of the story in vi. 28f. Moses reiterates his + objection, and is told that Aaron shall be his "prophet" and speak for + him, and shall also perform the sign of the rod (cf. iv. 2-4). The + sign, however, has no effect on Pharaoh (vii. 13), and we thus reach + the same point in the narrative as at vi. 1. Apart from the literary + characteristics which clearly differentiate this narrative from the + preceding accounts of J and E, the following points of variation are + worthy of consideration: (1) The people refuse to listen to Moses; (2) + Aaron is appointed to be Moses' spokesman, not with the _people_, but + with Pharaoh; (3) _one_ sign is given (not _three_) and performed + before Pharaoh; (4) the rod is turned into a reptile (_tannin_), not a + serpent (_nahash_). + + (2) vii. 14-xi. 10. _The First Plagues of Egypt._--In this section the + analysis again reveals three main sources, which are clearly marked + off from one another both by their linguistic features and by their + difference of representation. The principal source is J, from which + are derived six plagues, viz. killing of the fish in the river (vii. + 14, 16, 17a, 18, 21a, 24, 25), frogs (viii. 1-4, 8-150), insects + (viii. 20-32), murrain (ix. 1-7), hail (ix. 13-18, 23b, 24b, 25b-34), + locusts (x. 1a, 3-11, 13b, 14b, 15a, c-19, 24-26, 28, 29), the threat + to slay all the first-born (xi. 4-8). The most striking characteristic + of this narrative is that the plagues are represented as mainly due to + natural causes and follow a natural sequence. Thus Yahweh smites the + river so that the fish die and render the water undrinkable. This is + succeeded by a plague of frogs. The swarms of flies and insects, which + next appear, are the natural outcome of the decaying masses of frogs, + and these, in turn, would form a natural medium for the spread of + cattle disease. Destructive hailstorms, again, though rare, are not + unknown in Egypt, while the locusts are definitely stated to have been + brought by a strong east wind. Other distinctive features of J's + narrative are: (1) Moses alone is bidden to interview Pharaoh (vii. 14 + f.; viii. 1 f., 20 f.; ix. 1 f., 13 f.; x. 1 f.); (2) on each occasion + he makes a formal demand; (3) on Pharaoh's refusal the plague is + announced, and takes place at a fixed time without any human + intervention; (4) when the plague is sent, Pharaoh sends for Moses and + entreats his intercession, promising in most cases to accede in part + to his request; when the plague is removed, however, the promise is + left unfulfilled, the standing phrase being "and Pharaoh's heart was + heavy ([Hebrew: kaved])," or "and Pharaoh made heavy ([Hebrew: + hihbid]) his heart"; (5) the plagues do not affect the children of + Israel in Goshen. E's account (water turned into blood, vii. 15, 17b, + 20b, 23; hail, ix. 22, 23a, 24a, 25a, 35; locusts, x. 12, 13a, 14a, + 15b) is more fragmentary, having been doubtless superseded in most + cases by the fuller and more graphic narrative of J, but the plague of + darkness (x. 20-23, 27) is found only in this source. As contrasted + with J the narrative emphasizes the miraculous character of the + plagues. They are brought about by "the rod of God," which Moses + wields, the effect being instantaneous and all-embracing. The + Israelites are represented as living among the Egyptians, and enjoy no + immunity from the plagues, except that of darkness. Their departure + from Egypt is deliberate; the people have time to borrow raiment and + jewels from their neighbours. E regularly uses the phrase "and + Pharaoh's heart was strong ([Hebrew: hazak])," or "and Yahweh made + strong ([Hebrew: hizek]) Pharaoh's heart" and "he would not let the + children of Israel (or, them) go." In the priestly narrative (P) the + plagues assume the form of a trial of skill between Aaron, who acts at + Moses' command, and the Egyptian magicians, and thus connect with vii. + 8-13. The magicians succeed in turning the Nile water into blood (vii. + 19, 20a, 21b, 22), and in bringing up frogs (viii. 5-7), but they fail + to bring forth lice (viii. 15b-19), and are themselves smitten with + boils (ix. 8-12): the two last-named plagues have no parallel either + in J or E. Throughout the P sections Aaron is associated with Moses, + and the regular command given to the latter is "Say unto Aaron": no + demand is ever made to Pharaoh, and the description of the plague is + quite short. The formula employed by P is "and Pharaoh's heart was + strong ([Hebrew: hazak])," or, "and Pharaoh made strong ([Hebrew: + hizek]) his heart," as in E, but it is distinguished from E's phrase + by the addition of "and he hearkened not unto them as Yahweh had + spoken." + + (3) xii. i-xiii. 16. _The Last Plague, the Deliverance from Egypt, the + Institution of the Passover and of the Feast of Unleavened Cakes, the + Consecration of the First-born._--This section presents the usual + phenomena of a composite narrative, viz. repetitions and + inconsistencies. Thus J's regulations for the Passover (xii. 21-23, + 27b) seem at first sight simply to repeat the commands given to Moses + and Aaron in xii. 1-13 (P), but in reality they are a parallel and + divergent account. In vv. 1-13 the choice of the lamb and the manner + in which it is to be eaten constitute the essential feature, the + smearing with the blood being quite secondary; in vv. 21 f. the latter + point is all-important, and no regulations are given for the paschal + meal (which, possibly, formed no part of J's original account). + Similarly the institution of the Feast of _Mazzoth_, or Unleavened + Cakes (xiii. 3-10J), does not form the sequel to the regulations laid + down in xii. 14-20 (P), but is independent of them: it omits all + reference to the "holy convocations" and to the abstinence from + labour, and is obviously simpler and more primitive. J's account, + again, makes important exceptions (xiii. 11-13) to the severe + enactment of P with reference to the first-born (xiii. 1). The + description of the smiting of the first-born of Egypt is derived from + J (xii. 29-34, 37-39), who clearly sees in the Feast of _Mazzoth_ a + perpetual reminder of the haste with which the Israelites fled from + Egypt; the editor of JE, however, has included some extracts from E + (xii. 31, 35, 36), which point to a more deliberate departure. The + section has been worked over by a Deuteronomistic editor, whose hand + can be clearly traced in the additions xii. 24-27a; xiii. 3b, 5, 8, 9, + 14-16. + + (4) xiii. 17-xv. 21. _The Crossing of the Red Sea._--According to J + the children of Israel departed from Egypt under the guidance of + Yahweh, who leads them by day in a pillar of cloud and by night in a + pillar of fire (xiii. 21, 22). On hearing of their flight Pharaoh at + once starts in pursuit. The Israelites, terrified by the approach of + the Egyptians, upbraid Moses, who promises them deliverance by the + hand of Yahweh (xiv. 5, 6,-7b, 10a, 11-14, 19b). Yahweh then causes a + strong east wind to blow all that night, which drives back the waters + from the shallows, and so renders it possible for the host of Israel + to cross over. The Egyptians follow, but the progress of their + chariots is hindered by the soft sand, and in the morning they are + caught by the returning waters (xiv. 21b, 24, 25, 27b, 28b, 30). The + story, however, has been combined with the somewhat different account + of E, which doubtless covered the same ground, and also with that of + P. According to the former, Elohim did not permit the Israelites to + take the shorter route to Canaan by the Mediterranean coast, for fear + of the Philistines, but led them southwards to the Red Sea, whither + they were pursued by the Egyptians (xiii. 17-19). The remainder of E's + account has only been preserved in a fragmentary form (xiv. 7aa, 10b, + 15a, 19a, 20a), from which it may be gathered that Moses divided the + waters by stretching out his rod, thus presupposing that the crossing + took place by day, and that the dark cloud which divided the two hosts + was miraculously caused by the angel of God. P also represents the sea + as divided by means of Moses' rod, but heightens the effect by + describing the crossing as taking place between walls of water (xiii. + 20; xiv. 1-4, 8, 9, 15b, 16b-18, 21a, c, 22, 23, 26, 27a, 28a, 29). + + J's version of the Song of Moses probably does not extend beyond xv. + 1, and has its counterpart in the very similar song of Miriam (E), in + vv. 20, 21. The rest of the song (vv. 2-18) is probably the work of a + later writer; for these verses set forth not only the deliverance from + Egypt, but also the entrance of Israel into Canaan (vv. 13-17), and + further presuppose the existence of the temple (vv. 13b, 17b). These + phenomena have been explained as due to later expansion, but the poem + has all the appearance of being a unity, and the language, style and + rhythm all point to a later age. Verse 19 is probably the work of the + redactor (R^P) who inserted the song. + + (5) xv. 22-xviii. 27. _Incidents in the Wilderness._--The narrative of + the first journeying in the wilderness (xv. 22-xvii. 7) presents a + series of difficulties which probably owe their origin to the + editorial activity of R^P, who appears to have transferred to the + beginning of the wanderings a number of incidents which rightly belong + to the end. The concluding verses of ch. xv. contain J's account of + the sweetening of the waters of Marah, with which has been + incorporated a fragment of E's story of Massah (xv. 25b) and a + Deuteronomic expansion in v. 26. Then follows (ch. xvi.) P's version + of the sending of the manna and quails. In its present form, this + narrative contains a number of conflicting elements, which can only be + the result of editorial activity. Thus vv. 6, 7 must originally have + preceded vv. 11, 12, though the redactor has attempted to evade the + difficulty by inserting v. 8. Again, the account of the quails, which + is obviously incomplete, is undoubtedly derived from Num. xi.; but the + latter account, which admittedly belongs to JE, places the incident at + the end of the wanderings. Closer examination also of P's narrative of + the manna shows that its true-position is _after_ the departure from + Mt. Sinai; cf. the expressions used in vv. 9, 10, 33, 34, implying the + existence of the ark and the tabernacle. P's account of the manna, + however, can hardly have stood originally in close juxtaposition with + his account of the quails (cf. Num. xi. 6), but the two narratives + were probably combined by R^P before they were transferred to their + present position. The same redactor doubtless added v. 8 (and possibly + vv. 17, 18) by way of explanation, and vv. 5 and 22-30, which imply + that the law of the Sabbath was already known, and introduce a fresh + element into the story. A plausible explanation of R^P's action is + supplied by the theory that an earlier account of the giving of the + manna already existed at this point of the narrative. We know from + Deuteronomy viii. 2 f., 16 that JE contained an account of the manna, + which included the explanation of Ex. xvi. 15, and also emphasized, as + the motive for the gift, Yahweh's desire "to prove thee (i.e. test thy + disposition) ... whether thou wouldst keep his commandments, or no." + Fragments of this early story of Massah (testing) were incorporated by + R^P in his story of the manna and the quails, viz. xv. 25b; xvi. 4, + 15, 16a, 19b-21. These verses must be assigned to E, for in xvii. 3, + 2c (wherefore do ye tempt the Lord?), 7a (to _Massah_), c (because + they tempted ..., &c.), we find yet another version (J) of the same + incident, according to which the people tempted (tested) Yahweh. It + was owing to the combination of this latter account with E's further + description of the striving of the people for water at Meribah that + the double name Massah-Meribah arose, xvii. 1b-7 (1a belongs to P), + though Deut. xxxiii. 8 makes it clear that Massah and Meribah were + separate localities (cf. Deut. ix. 22, 2 f., 16, where Massah occurs + alone): P's version of striving at Meribah, in which traces of J's + account have been preserved, is given at Num. xx. 1-13. + + xvii. 8-16. _The Battle with Amalek at Rephidim._--This incident is + derived from E, but is clearly out of place in its present context. + Its close connexion with the end of the wanderings is shown by (a) the + description of Moses as an infirm old man; (b) the rôle played by + Joshua in contrast with xxiv. 13, xxxiii. 11, where he is introduced + as a young man and Moses' minister; and (c) the references elsewhere + to the home of the Amalekites: according to Num. xiii. 29, xiv. 25, + xliii. 45, they dwelt in the S. or S.W. of Judah near Kadesh (cf. 1 + Sam. xv. 6 f., 30; Gen. xiv. 7; xxxvi. 12). + + Ch. xviii. _The visit of Jethro to Moses and the appointment of + judges._--This story, like the preceding one, is mainly derived from E + and is also out of place. Allusions in the chapter itself point + unmistakably to a time just before the departure from Sinai-Horeb, and + this date is confirmed both by Deut. i. 9-16 and by the parallel + account of J in Num. x. 29-32. The narrative, however, displays signs + of compilation, and it is not improbable that R^JE has incorporated in + vv. 7-11 part of J's account of the visit of Moses' father-in-law (cf. + the use of Yahweh). + + (b) Ch. xix.-xxiv., xxxii., xxxiv.--The contents of these chapters, + which, owing to their contents, form the most important section in the + book of Exodus, may be briefly analysed as follows. In ch. xix. we + have a twofold description of the theophany on Mt. Sinai (or Horeb), + followed by the Decalogue in xx. 1-17. Alongside of this code we find + another, dealing in part with the civil and social (xxi. 2-xxii. 17), + in part with the religious life of Israel, the so-called Book of the + Covenant, xx. 22-xxiii. 19. Ch. xxiv. contains a composite narrative + of the ratification of the covenant. In chs. xxxii. and xxxiii. we + have again two narratives of the sin of the people and of Moses' + intercession, while in ch. xxxiv. we are confronted with yet another + early code, which is practically identical with the religious + enactments of xx. 22-26; xxii. 29, 30; xxiii. 10-19. + + With but few exceptions the _provenance_ of the individual sections + may be said to have been finally determined by the labours of the + critics, but even a cursory examination of their contents makes it + evident that the sequence of events, which they now present, cannot be + original, but is rather the outcome of a long process of revision, + during which the text has suffered considerably from alterations, + omissions, dislocations and additions. Yet owing to the method of + composition employed by Hebrew editors, or revisers, it is possible in + this case, as in others, not only to determine the source of each + individual passage, but also to trace with considerable confidence the + various stages in the process by which it reached its final form and + position. It must, however, be admitted that the evidence at our + disposal is, in some cases, capable of more than one interpretation. + Hence a final conclusion can hardly be expected, but with certain + modifications in detail the following solution of the problem may be + accepted as representing the point of view of recent criticism. + + Ch. xix. contains two parallel accounts of the theophany on + Horeb-Sinai, from E and J respectively, which differ materially from + one another. According to the former, Moses is instructed by God + (Elohim) to sanctify the _people_ against the third day (vv. 9a, 10, + 11a). This is done and the people are brought by Moses to the foot of + the mountain (Horeb), where they hear the divine voice (14-17, 19). A + noticeable feature of this narrative, of which xx. 18-21 forms a + natural continuation, is the fact that the theophany is addressed to + the _people_, who are too frightened to remain near the mountain + itself. In J, on the other hand, it is the _priests_ who are + sanctified, and great care must be taken to prevent the people from + "breaking through to gaze" (20-22). In this account the mountain is + called "Sinai" throughout, and "Yahweh" appears instead of "Elohim" + (11b, 18, 20 f.). Moreover, Moses and Aaron and the priests are + summoned to the top of the mount (in v. 24b render "thou and Aaron + with thee, and the priests: but let not the people," &c.). Vv. 3b-8, + which have been expanded by a Deuteronomic editor, have been + transferred from their original context after xx. 21; the introductory + verses 1, 2a form part of P's itinerary. + + Of the succeeding legislation in xx.-xxiii., xxxii.-xxxiv., + undoubtedly the earlier sections are xx. 22-26; xxii. 29, 30; xxiii. + 10-19, and xxxiv. 10-26, which contain regulations with regard to + worship and religious festivals, and form the basis of the covenant + made by Yahweh with Israel on Sinai-Horeb, as recorded by E and J + respectively. The narrative which introduces the covenant laws of J + has been preserved partly in its present context, ch. xxxiv., partly + in xxiv. 1, 2, 9-11; the narrative of E, on the other hand, has in + part disappeared owing to the interpolation of later material, in part + has been retained in xxiv. 3-8. J's narrative xxiv. 1 f., 9-11 clearly + forms the continuation of xix. 20 f., 11b, 13, 25, but the + introductory words of v. 1, "and unto Moses he said," point to some + omission. Originally, no doubt, it included the recital of the divine + instructions to the people in accordance with xix. 21 f., 11b-13, the + statement that Yahweh came down on the third day, and that a long + blast was blown on the trumpet (or ram's horn [[Hebrew: yovel], as + opposed to [Hebrew: shofar] E]). From xxiv. 1 f. we learn that Moses + and Aaron, Nadab and Abihu, and seventy of the elders were summoned to + the top of the mountain, but that Moses alone was permitted to + approach Yahweh. Then followed the theophany, and, as the text stands, + the sacrificial meal (9-11).[5] The conclusion of J's narrative is + given in ch. xxxiv.,[6] which describes how Moses hewed two tables of + stone at Yahweh's command, and went up to the top of the mountain, + where he received the words of the covenant and wrote them on the + tables. As it stands, however, this chapter represents the legislation + which it contains as a renewal of a former covenant, also written on + tables of stone, which had been broken (1b, 4a). But the document from + which the chapter, as a whole, is derived, is certainly J, while the + previous references to tables of stone and to Moses' breaking them + belong to the parallel narrative of E. Moreover, the covenant here set + forth (v. 10 f.) is clearly a new one, and contains no hint of any + previous legislation, nor of any breach of it by the people. In view + of these facts we are forced to conclude that 1b ("like unto the first + ... brakest"), 4a ("and he hewed ... the first") and v. 28 ("the ten + words") formed no part of the original narrative,[7] but were inserted + by a later Deuteronomic redactor. In the view of this editor the + Decalogue alone formed the basis of the covenant at Sinai-Horeb, and + in order to retain J's version, he represented it as a renewal of the + tables of stone which Moses had broken.[8] + + The legislation contained in xxxiv. 10-26, which may be described as + the oldest legal code of the Hexateuch, is almost entirely religious. + It prohibits the making of molten images (v. 17), the use of leaven in + sacrifices (25a), the retention of the sacrifice until the morning + (25b),[9] and the seething of a kid in its mother's milk (26b); and + enjoins the observance of the three annual feasts and the Sabbath + (18a, 21-23), and the dedication of the first-born (19, 20, derived + from xiii. 11-13) and of the first-fruits (26a). + + The parallel collection of E is preserved in xx. 24-26, xxiii. 10-19, + to which we should probably add xxii. 29-31 (for which xxiii. 19a was + afterwards substituted). The two collections resemble one another so + closely, both in form and extent, that they can only be regarded as + two versions of the same code. E has, however, preserved certain + additional regulations with regard to the building of altars (xx. + 24-26) and the observance of the seventh year (xxiii. 10, 11), and + omits the prohibition of molten images (xx. 22, 23, appear to be the + work of a redactor); xxiii. 20-33, the promises attached to the + observance of the covenant, probably formed no part of the original + code, but were added by the Deuteronomic redactor; cf. especially vv. + 23-25a, 27, 28, 31b-33. The narrative of E relative to the delivery of + these laws has disappeared,[10] but xxiv. 3-8 (which manifestly have + no connexion with their immediate context) clearly point back to some + such narrative. These verses describe how Moses wrote all the words of + the Lord in a book and recited them to the _people_ (v. 7) as the + basis of a covenant, which was solemnly ratified by the sprinkling of + the blood of the accompanying sacrifices. + + In the existing text the covenant laws of E (xx. 24-26, xxii. 29-31, + xxiii. 10-19) are combined with a mass of civil and other legislation; + hence the title "Book of the Covenant" (referred to above, xxiv. 7) + has usually been applied to the whole section, xx. 22-xxiii. 33. But + this section includes three distinct elements: (a) the "words" + ([Hebrew: hadvarim]) found in xx. 24-26, xxii. 29-31, xxiii. 1-10; (b) + the "judgments" ([Hebrew: hamishpatim]), xxi. 2-xxii. 17; and (c) a + group of moral and ethical enactments, xxii. 18-28, xxiii. 1-9; and an + examination of their contents makes it evident that, though the last + two groups are unmistakably derived from E, they cannot have formed + part of the original "Book of the Covenant"; for the "judgments," + which are expressed in a hypothetical form, consist of a number of + legal decisions on points of civil law. The cases dealt with fall into + five divisions: (1) The rights of slaves, xxi. 2-11; (2) capital + offences, xxi. 12-16 (v. 17 has probably been added later); (3) + injuries inflicted by man or beast, xxi. 18-32; (4) losses incurred by + culpable negligence or theft, xxi. 33-xxii. 6; (5) cases arising out + of deposits, loans, seduction, xxii. 7-17. It is obvious, from their + very nature, that these legal precedents could not have been included + in the covenant which the _people_ (xxiv. 3) promised to observe, and + it is now generally admitted that the words "and the judgments" + (which are missing in c. 1 b) have been inserted in xxiv. 3a by the + redactor to whom the present position of the "judgments" is due.[11] + The majority of critics, therefore, adopt Kuenen's conjecture that the + "judgments" were originally delivered by Moses on the borders of Moab, + and that when D's revised version of Ex. xxi.-xxiii. was combined with + JE, the older code was placed alongside of E's other legislation at + Horeb. The third group of laws (xxii. 18-28, xxiii. 1-9) appears to + have been added somewhat later than the bulk of xxi.-xxiii. Some of + the regulations are couched in hypothetical form, but their contents + are of a different character to the "judgments," e.g. xxii. 25 f., + xxiii. 4 f.; others, again, are of a similar nature, but differ in + form, e.g. xxii. 18 f. Lastly, xxii. 20-24, xxiii. 1-3 set forth a + number of moral injunctions affecting the individual, which cannot + have found place in a civil code. At the same time, these additions + must for the most part be prior to D, since many of them are included + in Deut. xii.-xxvi., though there are traces of Deuteronomic revision. + + Now it is obvious that the results obtained by the foregoing analysis + of J and E have an important bearing on the history of the remaining + section of E's legislation, viz. the Decalogue (q.v.), Ex. xx. 1-17 (= + Deut. v. 6-21). At present the "Ten Words" stand in the forefront of + E's collection of laws, and it is evident that they were already found + in that position by the author of Deuteronomy, who treated them as the + sole basis of the covenant at Horeb. The evidence, however, afforded + (a) by the parallel version of Deuteronomy and (b) by the literary + analysis of J and E not only fails to support this tradition, but + excites the gravest suspicions as to the originality both of the + _form_ and of the _position_ in which the Decalogue now appears. For + when compared with Ex. xx. 1-17 the parallel version of Deut. v. 6 ff. + is found to exhibit a number of variations, and, in particular, + assigns an entirely different reason for the observance of the + Sabbath. But these variations are practically limited to the + explanatory comments attached to the 2nd, 4th, 5th and 10th + commandments; and the majority of critics are now agreed that these + comments were added at a later date, and that all the commandments, + like the 1st and the 6th to the 9th, were originally expressed in the + form of a single short sentence. This view is confirmed by the fact + that the additions, or comments, bear, for the most part, a close + resemblance to the style of D. They can scarcely, however, have been + transferred from Deuteronomy to Exodus (or vice versa), owing to the + variations between the two versions: we must rather regard them as the + work of a Deuteronomic redactor. But the expansion and revision of the + Decalogue were not limited to the Deuteronomic school. Literary traces + of J and E in the 2nd, 3rd, 4th and 10th commandments point to earlier + activity on the part of R^JE, while the addition of v. 11, which bases + the observance of the Sabbath on P 's narrative of the Creation (Gen. + ii. 1-3), can only be ascribed to a priestly writer: its absence from + Deut. v. 6 ff. is otherwise inexplicable. Thus the Decalogue, as given + in Exodus, would seem to have passed through at least three stages + before it assumed its present form. But even in its original form it + could hardly have formed part of E's Horeb legislation; for (a) both J + and E have preserved a different collection of laws (or "words") + inscribed by Moses, which are definitely set forth as the basis of the + covenant at Sinai-Horeb (Ex. xxxiv. 10, xxiv. 3 f.), and (b) the + further legislation of E in ch. xx.-xxiii. affords close parallels to + all the commandments (except the 7th and the 10th), and a comparison + of the two leaves no doubt as to which is the more primitive. Hence we + can only conclude that the Decalogue, in its original short form, came + into existence during the period after the completion of E, but before + the promulgation of Deuteronomy. Its present position is, doubtless, + to be ascribed to a redactor who was influenced by the same conception + as the author of Deuteronomy. This redactor, however, did not limit + the Horeb covenant to the Decalogue, but retained E's legislation + alongside of it. The insertion of the Decalogue, or rather the point + of view which prompted its insertion, naturally involved certain + consequential changes of the existing text. The most important of + these, viz. the harmonistic additions to ch. xxxiv., by means of which + J's version of the covenant was represented as a renewal of the + Decalogue, has already been discussed; other passages which show + traces of similar revision are xxiv. 12-15a, 18b, and xxxiv. 1-6. + + The confusion introduced into the legislation by later additions, with + the consequent displacement of earlier material, has not been without + effect on the narratives belonging to the different sources. Hence the + sequence of events after the completion of the covenant on Sinai-Horeb + is not always easy to trace, though indications are not wanting in + both J and E of the probable course of the history. The two main + incidents that precede the departure of the children of Israel from + the mountain (Num. x. 29 ff.) are (1) the sin of the people, and (2) + the intercession of Moses, of both of which a double account has been + preserved. + + (1) _The Sin of the People._--According to J (xxxii. 25-29) the + people, during the absence of Moses, "break loose," i.e. mutiny. Their + behaviour excites the anger of Moses on his return, and in response to + his appeal the sons of Levi arm themselves and slay a large number of + the people: as a reward for their services they are bidden to + consecrate themselves to Yahweh. The fragmentary form of the + narrative--we miss especially a fuller account of the "breaking + loose"--is doubtless due to the latter editor, who substituted the + story of the golden calf (xxxii. 1-6, 15-24, 35), according to which + the sin of the people consisted in direct violation of the 2nd + commandment. At the instigation of the people Aaron makes a molten + calf out of the golden ornaments brought from Egypt; Moses and Joshua, + on their return to the camp, find the people holding festival in + honour of the occasion; Moses in his anger breaks the tables of the + covenant which he is carrying: he then demolishes the golden calf, and + administers a severe rebuke to Aaron. The punishment of the people is + briefly recorded in v. 35. This latter narrative, which is obviously + inconsistent with the story of J, shows unmistakable traces of E. In + its present form, however, it can hardly be original, but must have + been revised in accordance with the later Deuteronomic conception + which represented the sin committed by the people as a breach of the + 2nd commandment. Possibly vv. 7-14 are also to be treated as a + Deuteronomic expansion (cf. Deut. ix. 12-14). Though they show clear + traces of J, it is extremely difficult to fit them into that narrative + in view of Moses' action in vv. 25-29 and of his intercession in ch. + xxxiii.; in any case, vv. 8 and 13 must be regarded as redactional. + + (2) _Moses' Intercession._--The time for departure from the Sacred + Mount had now arrived, and Moses is accordingly bidden to lead the + people to the promised land. Yahweh himself refuses to accompany + Israel owing to their disobedience, but in response to Moses' + passionate appeal finally consents to let his presence go with them. + The account of Moses' intercession has been preserved in J, though the + narrative has undergone considerable dislocation. The true sequence of + the narrative appears to be as follows: Moses is commanded to lead the + people to Canaan (xxxiii. 1-3); he pleads that he is unequal to the + task (Num. xi. 10c, 11, 12, 14, 15), and, presumably, asks for + assistance, which is promised (omitted). Moses then asks for a fuller + knowledge of Yahweh and his ways (xxxiii. 12, 13): this request also + is granted (v. 17), and he is emboldened to pray that he may see the + glory of Yahweh; Yahweh replies that his prayer can only be granted in + part, for "man shall not see me and live"; a partial revelation is + then vouchsafed to Moses (xxxiii. 18-23, xxxiv. 6-8): finally, Moses + beseeches Yahweh to go in the midst of his people, and is assured that + Yahweh's presence shall accompany them (xxxiv. 9, xxxiii. 14-16). The + passage from Numbers xi., which is here included, is obviously out of + place in its present context (the story of the quails), and supplies + in part the necessary antecedent to Ex. xxxiii. 12, 13; the passage is + now separated from Ex. xxxiii. by Ex. xxxiv. (J), which has been + wrongly transferred to the close of the Horeb-Sinai incidents (see + above), and by the priestly legislation of Ex. xxxv.-xl., Leviticus + and Num. i.-x.; but originally it must have stood in close connexion + with that chapter. A similar displacement has taken place with regard + to Ex. xxxiv. 6-9, which clearly forms the sequel to xxxiii. 17-23. + The latter passage, however, can hardly represent the conclusion of + the interview, which is found more naturally in xxxiii. 14-16. E's + account of Moses' intercession seems to have been retained, in part, + in xxxii. 30-34, but the passage has probably been revised by a later + hand; in any case its position _before_ instead of _after_ the + dismissal would seem to be redactional. + + It is a plausible conjecture that the original narratives of J and E + also contained directions for the construction of an ark,[12] as a + substitute for the personal presence of Yahweh, and also for the + erection of a "tent of meeting" outside the camp, and that these + commands were omitted by R^P in favour of the more elaborate + instructions given in ch. xxv.-xxix. (P). The subsequent narrative of + J (Num. x. 33-36, xiv. 44) implies an account of the making of the + ark, while the remarkable description in Ex. xxxiii. 7-11 (E) of + Moses' practice in regard to the "tent of meeting" points no less + clearly to some earlier statement as to the making of this tent. + + The history of Exodus in its original form doubtless concluded with + the visit of Moses' father-in-law and the appointment of judges (ch. + xviii.), the departure from the mountain and the battle with Amalek + (xvii. 8-16). + + (c) _The Construction of the Tabernacle and its Furniture_ (ch. + xxv.-xxxi., xxxv.-xl.).--It has long been recognized that the + elaborate description of the Tabernacle and its furniture, and the + accompanying directions for the dress and consecration of the priests, + contained in ch. xxv.-xxxi., have no claim to be regarded as an + historical presentment of the Mosaic Tabernacle and its service. The + language, style and contents of this section point unmistakably to the + hand of P; and it is now generally admitted that these chapters form + part of an ideal representation of the post-exilic ritual system, + which has been transferred to the Mosaic age. According to this + representation, Moses, on the seventh day after the conclusion of the + covenant, was summoned to the top of the mountain, and there received + instructions with regard to (a) the furniture of the sanctuary, viz. + the ark, the table and the lamp-stand (ch. xxv.); (b) the Tabernacle + (ch. xxvi.); (c) the court of the Tabernacle and the altar of + burnt-offering (ch. xxvii.); (d) the dress of the priests (ch. + xxviii.); (e) the consecration of Aaron and his sons (xxix. 1-37); and + (f) the daily burnt-offering (xxix. 38-42): the section ends with a + formal conclusion (xxix. 43-46). The two following chapters contain + further instructions relative to the altar of incense (xxx. 1-10), the + payment of the half-shekel (11-16), the brazen laver (17-21), the + anointing oil (22-33), the incense (34-38), the appointment of + Bezaleel and Oholiab (xxxi. 1-11) and the observance of the Sabbath + (12-17). It is hardly doubtful, however, that these two chapters + formed no part of P's original legislation, but were added by a later + hand.[13] For (1) the altar of incense is here mentioned for the first + time, and was apparently unknown to the author of ch. xxv.-xxix. Had + he known of its existence, he could hardly have failed to include it + with the rest of the Tabernacle furniture in ch. xxvi., and must have + mentioned it at xxvi. 34 f., where the relative positions of the + contents of the Tabernacle are defined: further, the ritual of the Day + of Atonement (Lev. xvi. referred to in xxx. 10) ignores this altar, + and mentions only _one_ altar (cf. "_the_ altar," xxvii. 1), viz. that + of burnt-offering; (2) the command as to the half-shekel presupposes + the census of Num. i., and appears to have been unknown in the time of + Nehemiah (Neh. x. 32) (Heb. 33); (3) the instructions as to the brazen + laver would naturally be expected alongside of those for the altar of + burnt-offering in ch. xxvii.; (4) the following section relating to + the anointing oil presupposes the altar of incense (v. 28), and + further extends the ceremony of anointing to Aaron's sons, though, + elsewhere, the ceremony is confined to Aaron (xxix. 7, Lev. viii. 12), + cf. the title "anointed priest" applied to the high priest (Lev. iv. + 3, &c.); (5) the directions for compounding the incense connect + naturally with xxx. 1-10, while (6) the appointment of Bezaleel and + Oholiah cannot be separated from the rest of ch. xxx.-xxxi. The + concluding section on the Sabbath (xxxi. 12-17) shows marks of + resemblance to H (Lev. xvii.-xxvi.), especially in vv. 12-14a, which + appear to have been expanded, very possibly by the editor who inserted + the passage. The continuation of P's narrative is given in xxxiv. + 29-35, which describe Moses' return from the mount. The subsequent + chapters (xxxv.-xl.), however, can hardly belong to the original + stratum of P, if only because they presuppose ch. xxx., xxxi., and + were probably added at a later stage than the latter chapters. They + narrate how the commands of ch. xxv.-xxxi. were carried out, and + practically repeat the earlier chapters _verbatim_, merely the tenses + being changed, the most noticeable omissions being xxvii. 20 f. (oil + for the lamps), xxviii. 30 (Urim and Thummim), xxix. 1-37 (the + consecration of the priests, which recurs in Lev. viii.) and xxix. + 38-42 (the daily burnt-offering). Apart from the omissions the most + striking difference between the two sections is the variation in + order, the different sections of ch. xxv.-xxxi. being here set forth + in their natural sequence. The secondary character of these concluding + chapters receives considerable confirmation from a comparison of the + Septuagint text. For this version exhibits numerous cases of + variation, both as regards _order_ and _contents_, from the Hebrew + text; moreover the translation, more particularly of many technical + terms, differs from that of ch. xxv.-xxxi., and seems to be the work + of different translators. Hence it is by no means improbable that the + final recension of these chapters had not been completed when the + Alexandrine version was made. + + AUTHORITIES.--In addition to the various English and German + commentaries on Exodus included under the head of the Pentateuch, the + following English works are especially worthy of mention: S.R. Driver, + _Introd. to the Literature of the O.T._, and "Exodus" in the _Camb. + Bible_; B.W. Bacon, _The Triple Tradition of the Exodus_ (Hartford, + U.S.A., 1894), and A.H. McNeile, _The Book of Exodus_ (Westminster + Commentaries) (1908); also the articles on "Exodus" by G. + Harford-Battersby (Hastings, _Dict. Bib._ vol. i.) and by G.F. Moore, + _Ency. Biblica_, vol. ii. (J. F. St.) + + +FOOTNOTES: + + [1] The fact that the father-in-law of Moses is called Reuel in v. + 18, as contrasted with the name Jethro, which occurs in iii. 1 f. and + in all subsequent passages from E, cannot be taken as conclusive on + this point, since critics are agreed that "Reuel" in this verse is a + later addition: had it been original we should have expected the name + to be given at v. 16 rather than at v. 18. But, if no argument can be + based on the discrepancy between the two names, we may at least + assume that the namelessness of the priest in v. 16 f. points to a + different source for those verses from that of iii. 1 f. Elsewhere J + speaks of "Hobab, the son of Reuel the Midianite, Moses' + father-in-law" (Num. x. 29); the addition, "the priest of Midian," + only occurs in the (secondary) passages iii. 1, xviii. 1 (E). + Probably RJE omitted the name in ii. 16 and added "the priest of + Midian" in iii. 1, xviii 1, from harmonizing motives. Further, vv. + 15^B-22 speak of _one_ son being born to Moses at this period, a + statement which is borne out by iv. 20, 25 ("sons" in iv. 20 is + obviously a correction), whereas ch. xviii. (E) mentions _two_ sons. + + The original order of events in J seems to have been as follows: + after the death of Pharaoh (ii. 23a; the Septuagint repeats this + notice before iv. 19) Moses returns to Egypt with his wife and son + (iv. 19, 20) in obedience to Yahweh's command. On the way he is + seized with a sudden illness, which Zipporah attributes to the fact + that he has not been circumcised and seeks to avert by circumcising + her son (iv. 24-26). The scene of the theophany, therefore, according + to J, is to be placed on the way from Midian to Goshen. Probably the + displacement of iv. 19, 20, 24-26 is due to the editor of JE, who was + thus enabled to combine the two narratives of the theophany. + + [2] Cf. iv. 30; Aaron had received no command to do the signs, and + the words "and he did the signs" are most naturally referred to + Moses. + + [3] The expansion in iii. 8c, 15, 17b; iv. 22, 23, are probably the + work of a Deuteronomistic redactor. + + [4] The genealogy of Moses and Aaron (vv. 14-27) appears to be a + later addition. + + [5] Unless we follow Riedel and read simply "and worshipped" + ([Hebrew: vaishtahavu]) instead of "and drank" ([Hebrew: vaishtu]), + treating "and ate" ([Hebrew: vaiohlu]) as a later addition; cf. HDB, + extra vol. p. 631 note. + + [6] Vv. 6-9 are out of place here: they belong to the story of Moses' + intercession in ch. xxxiii. + + [7] This view is confirmed by (a) a comparison of v. lb ("and I will + write") with vv. 27, 28; according to the latter, _Moses_ wrote the + words of the covenant; and (b) the tardy mention of Moses in 4b; the + name would naturally be given at the beginning of the verse. + + [8] Others suppose that the present position of ch. xxxiv. is due, in + the first instance, to RJE, but in view of the other Deuteronomic + expansions in vv. 10b-16, 23, 24, it is more probable that J's + version was discarded by RJE in favour of E's, and was afterwards + restored by RD. + + [9] Reading "the sacrifice of my feasts" for "the sacrifice of the + feast of the Passover." + + [10] Unless, with Bacon, we are to regard xxiv. 12-14, 18b as + original. More probably a later editor has worked up old material of + E (of which there are unmistakable traces) in order to include the + whole of xx.-xxiii. in the covenant: xxiv. 15-18a are an addition + from P. + + [11] The present text of xxiv. 12 also has probably been transposed + in accordance with the view that the "judgment" formed part of the + covenant, cf. Deut. v. 31. Originally the latter part of the verse + must have run, "That I may give thee the tables of stone which I have + written, and may teach thee the law and the commandment." For further + details see Bacon, _Triple Tradition of Exodus_, pp. 111 f., 132 f. + + [12] According to Deut. x. 1 f., which is in the main a _verbal_ + excerpt from Ex. xxxiv. 1 f., Yahweh ordered Moses to make an ark of + acacia wood _before_ he ascended the mountain. + + [13] To the same hand are to be ascribed also xxvii. 6, 20, 21; + xxviii. 41; xxix. 21, 38-41. + + + + +EXODUS, THE, the name given to the journey (Gr. [Greek: exodos]) of the +Israelites from Egypt into Palestine, under the leadership of Moses and +Aaron, as described in the books of the Bible from Exodus to Joshua. +These books contain the great national epic of Judaism relating the +deliverance of the people from bondage in Egypt, the overthrow of the +pursuing Pharaoh and his army, the divinely guided wanderings through +the wilderness and the final entry into the promised land. Careful +criticism of the narratives[3] has resulted in the separation of later +accretions from the earliest records, and the tracing of the elaboration +of older traditions under the influence of developing religious and +social institutions. In the story of the Exodus there have been +incorporated codes of laws and institutions which were to be observed by +the descendants of the Israelites in their future home, and these, +really of later origin, have thus been thrown back to the earlier period +in order to give them the stamp of authority. So, although a certain +amount of the narrative _could_ date from the days of Moses, the Exodus +story has been made the vehicle for the aims and ideals of subsequent +ages, and has been adapted from time to time to the requirements of +later stages of thought. The work of criticism has brought to light +important examples of fluctuating tradition, singular lacunae in some +places and unusual wealth of tradition in others, and has demonstrated +that much of that which had long been felt to be impossible and +incredible was due to writers of the post-exilic age many centuries +after the presumed date of the events. + +The book of Genesis closes with the migration of Jacob's family into +Egypt to escape the famine in Canaan. Jacob died and was buried in +Canaan by his sons, who, however, returned again to the pastures which +the Egyptian king had granted them in Goshen. Their brother Joseph on +his death-bed promised that God would bring them to the land promised to +their forefathers and solemnly adjured them to carry up his bones (Gen. +1.). In the book of Exodus the family has become a people.[2] The +Pharaoh is hostile, and Yahweh, the Israelite deity, is moved to send a +deliverer; on the events that followed see EXODUS, BOOK OF; MOSES. It +has been thought that dynastic changes occasioned the change in Egyptian +policy (e.g. the expulsion of the Hyksos), but if the Israelites built +Rameses and Pithom (Ex. i. 11), cities which, as excavation has shown, +belong to the time of Rameses II. (13th century B.C.), earlier dates are +inadmissible. On these grounds the Exodus may have taken place under one +of his successors, and since Mineptah or Merneptah (son of Rameses), in +relating his successes in Palestine, boasts that _Ysiraal_ is desolated, +it would seem that the Israelites had already returned. On the other +hand, it has been suggested that when Jacob and his family entered +Egypt, some Israelite tribes had remained behind and that it is to these +that Mineptah's inscription refers. The problem is complicated by the +fact that, from the Egyptian evidence, not only was there at this time +no remarkable emigration of oppressed Hebrews, but Bedouin tribes were +then receiving permission to enter Egypt and to feed their flocks upon +Egyptian soil. It might be assumed that the Israelites (or at least +those who had not remained behind in Palestine) effected their departure +at a somewhat later date, and in the time of Mineptah's successor, Seti +II., there is an Egyptian report of the pursuit of some fugitive slaves +over the eastern frontier. The value of all such evidence will naturally +depend largely upon the estimate formed of the biblical narratives, but +it is necessary to observe that these have not yet found Egyptian +testimony to support them. Although the information which has been +brought to bear upon Egyptian life and customs substantiates the general +accuracy of the local colouring in some of the biblical narratives, the +latter contain several inherent improbabilities, and whatever future +research may yield, no definite trace of Egyptian influence has so far +been found in Israelite institutions. + + No allusions to Israelites in Egypt have yet been found on the + monuments; against the view that the Aperiu (or Apury) of the + inscriptions were Hebrews, see S.R. Driver in D.G. Hogarth, _Authority + and Archaeology_, pp. 56 sqq.; H.W. Hogg, _Ency. Bib._ col. 1310. The + plagues of Egypt have been shown to be those to which the land is + naturally subject (R. Thomson, _Plagues of Egypt_), but the + description of the relations of Moses and Aaron to the court raises + many difficult questions (H.P. Smith, _O.T. Hist._ pp. 57-60). Those + who reject Ex. i. 11 and hold that 480 years elapsed between the + Exodus and the foundation of the temple (I Kings vi. 1, see BIBLE: + Chronology) place the former about the time of Tethmosis (Thothmes) + III., and suppose that the hostile Habiri (Khabiri) who troubled + Palestine in the 15th century are no other than Hebrews (the equation + is philologically sound), i.e. the invading Israelites.[3] But + although the evidence of the Amarna tablets might thus support the + biblical tradition in its barest outlines, the view in question, if + correct, would necessitate the rejection of a great mass of the + biblical narratives as a whole. + +In the absence of external evidence the study of the Exodus of the +Israelites must be based upon the Israelite records, and divergent or +contradictory views must be carefully noticed. Regarded simply as a +journey from Egypt into Palestine it is the most probable of +occurrences: the difficulty arises from the actual narratives. The first +stage is the escape from the land of Goshen (q.v.), the district +allotted to the family of Jacob (Gen. xlvi. 28-34, xlvii. 1, 4, 6).[4] +As to the route taken across the Red Sea (_Yam Suph_) scholars are not +agreed (see W.M. Müller, _Ency. Bib._ col. 1436 sqq.); it depends upon +the view held regarding the second stage of the journey, the road to the +mountain of Sinai or Horeb and thence to Kadesh. The last-mentioned +place is identified with Ain Kadis, about 50 m. south of Beersheba; but +the identification of the mountain is uncertain, and it is possible that +tradition confused two distinct places. According to one favourite view, +the journey was taken across the Sinaitic peninsula to Midian, the home +of Jethro. Others plead strongly for the traditional site Jebel Musa or +Serbal in the south of the peninsula (see J.R. Harris, _Dict. Bible_, +iv. pp. 536 sqq.; H. Winckler, _Ency. Bib._ col. 4641). The latter view +implies that the oppressed Israelites left Egypt for one of its +dependencies, and both theories find only conjectural identifications in +the various stations recorded in Num. xxxiii. But this list of forty +names, corresponding to the years of wandering, is from a post-exilic +source, and may be based merely upon a knowledge of caravan-routes; even +if it be of older origin, it is of secondary value since it represents a +tradition differing notably from that in the earlier narratives +themselves, and these on inspection confirm Judg. xi. 16 seq., where the +Israelites proceed immediately to Kadesh. + + Ex. xvi.-xviii. presuppose a settled encampment and a law-giving, and + thus belong to a stage _after_ Sinai had been reached (Ex. xix. sqq.). + They are closely related, as regards subject matter, &c., to the + narratives in Num. x. 29-xi., xx. 1-13 (Sinai to Kadesh), and the + initial step is the recognition that the latter is their original + context (see G.F. Moore, _Ency. Bib._ col. 1443 v). Further, internal + peculiarities associating events now at Sinai-Horeb with those at + Kadesh support the view that Kadesh was their true scene, and it is to + be noticed that in Ex. xv. 22 seq. the Israelites already reach the + wilderness of Shur and accomplish the three days' journey which had + been their original aim (cf. Ex. iii. 18, v. 3, viii. 27). The + wilderness of Shur (Gen. xvi. 7, xx. 1; 1 Sam. xv. 7, xxvii. 8) is the + natural scene of conflicts with Amalekites (Ex. xvii. 8 sqq.), and its + sanctuary of Kadesh or En Mishpat ("well of judgment," Gen. xiv. 7) + was doubtless associated with traditions of the giving of statutes and + ordinances. The détour to Sinai-Horeb appears to belong to a later + stage of the tradition, and is connected with the introduction of laws + and institutions of relatively later form. It is foreshadowed by the + injunction to avoid the direct way into Palestine (see Ex. xiii. + 17-19), since on reaching Kadesh the Israelites would be within reach + of hostile tribes, and the conflicts which it was proposed to avoid + actually ensued.[5] The forty years of wandering in the wilderness is + characteristic of the Deuteronomic and post-exilic narratives; in the + earlier sources the fruitful oasis of Kadesh is the centre, and even + after the tradition of a détour to Sinai-Horeb was developed, only a + brief period is spent at the holy mountain. + +From Kadesh spies were sent into Palestine, and when the people were +dismayed at their tidings and incurred the wrath of Yahweh, the penalty +of the forty years' delay was pronounced (Num. xiii. seq.). Originally +Caleb alone was exempt and for his faith received a blessing; later +tradition adds Joshua and in Deut. i. 37 seq. alludes to some unknown +offence of Moses. According to Num. xxi. 1-3 the Israelites (a +generalizing amplification) captured Hormah, on the way to Beersheba, +and subsequently the clan Caleb and the Kenites (the clan of Moses' +father-in-law) are found in Judah (Judg. i. 16). Although the traditions +regard their efforts as part of a common movement (from Gilgal, see +below), it is more probable that these (notably Caleb) escaped the +punishment which befell the rest of the Israelites, and made their way +direct from Kadesh into the south of Palestine.[6] On the other hand, +according to the prevailing tradition, the attempt to break northwards +was frustrated by a defeat at Hormah (Num. xiv. 40-45), an endeavour to +pass Edom failed, and the people turned back to the _Yam Suph_ (here at +the head of the Gulf of Akabah) and proceeded up to the east of Edom and +Moab. Conflicting views are represented (on which see MOAB), but at +length Shittim was reached and preparations were made to cross the +Jordan into the promised land. This having been effected, Gilgal became +the base for a series of operations in which the united tribes took +part. But again the representations disagree, and to the overwhelming +campaigns depicted in the book of Joshua most critics prefer the account +of the more gradual process as related in the opening chapter of the +book of Judges (see JEWS: _History_, § 8). + +Thus, whatever evidence may be supplied by archaeological research, the +problem of the Exodus must always be studied in the light of the +biblical narratives. That the religious life of Israel as portrayed +therein dates from this remote period cannot be maintained against the +results of excavation or against the later history, nor can we picture a +united people in the desert when subsequent vicissitudes represent the +union as the work of many years, and show that it lasted for a short +time only under David and Solomon. During the centuries in which the +narratives were taking shape many profound changes occurred to affect +the traditions. Developments associated with the Deuteronomic reform and +the reorganization of Judaism in post-exilic days can be unmistakably +recognized, and it would be unsafe to assume that other vicissitudes +have not also left their mark. Allowance must be made for the shifting +of boundaries or of spheres of influence (Egypt, Edom, Moab), for the +incorporation of tribes and of their own tribal traditions, and in +particular for other movements (e.g. from Arabia).[7] If certain clans +moved direct from Kadesh into Judah, it is improbable that others made +the lengthy détour from Kadesh by the Gulf of Akabah, but this may well +be an attempt to fuse the traditions of two distinct migrations. Among +the Joseph-tribes (Ephraim and Manasseh), the most important of +Israelite divisions, the traditions of an ancestor who had lived and +died in Egypt would be a cherished possession, but although most writers +agree that not all the tribes were in Egypt, it is impossible to +determine their number with any certainty. At certain periods, +intercourse with Egypt was especially intimate, and there is much in +favour of the view that the name Mizraim (Egypt) extended beyond the +borders of Egypt proper. Reference has already been made to other cases +of geographical vagueness, and one must recognize that in a body of +traditions such as this there was room for the inclusion of the most +diverse elements which it is almost hopeless to separate, in view of the +scantiness of relevant evidence from other sources, and the literary +intricacy of the extant narratives. That many different beliefs have +influenced the tradition is apparent from what has been said above, and +is especially noticeable from a study of the general features. Thus, +although the Israelites possessed cattle (Ex. xvii. 3, xix. 13, xxiv. 5, +xxxii. 6, xxxiv. 3; Num. xx. 19), allusion is made to their lack of meat +in order to magnify the wonders of the journey, and among divinely sent +aids to guide and direct the people upon the march not only does Moses +require the assistance of a _human_ helper (Jethro or Hobab), but the +angel, the ark, the pillar of cloud and of fire and the mysterious +hornet are also provided. + + In addition to the references already given, see J.W. Colenso, + _Pentateuch and Book of Joshua_ (on internal difficulties); A. + Jeremias, _Alte Test. im Lichte d. alt. Orients_[2] (pp. 402 sqq., on + later references in Manetho, &c., with which cf. also R.H. Charles, + _Jubilees_, p. 245 seq.); art. "Exodus" in _Ency. Bib._; Ed. Meyer, + _Israëliten_ (_passim_); Bönhoff, _Theolog. Stud. u. Krit._ (1907), + pp. 159-217; the histories of Israel and commentaries on the book of + Exodus. Among the numerous special works, mention may be made of G. + Ebers, _Durch Gosen zum Sinai_; E.H. Palmer, _Desert of the Exodus_; + O.A. Toffteen, _The Historic Exodus_; fuller information is given in + L.B. Paton, _Hist. of Syria and Palestine_, p. 34 (also ch. viii.); + and C.F. Kent, _Beginnings of Heb. Hist._ p. 355 seq. (S. A. C.) + + +FOOTNOTES: + + [1] See the articles on the books in question. + + [2] There is a lacuna between the oldest traditions in Genesis and + those in Exodus: the latter beginning simply "and there arose a new + king over Egypt which knew not Joseph." The interval between Jacob's + arrival in Egypt and the Exodus is given varyingly as 400 or 430 + years (Gen. xv. 13, Ex. xii. 40 seq., Acts vii. 6); but the Samaritan + and Septuagint versions allow only 215 years (Ex. loc. cit.), and a + period of only four generations is presupposed in Gen. xv. 16 (cf. + the length of the genealogies between the contemporaries of Joseph + and those of Moses in Ex. vi. 16-20). + + [3] Sec, e.g., J. Orr, _Problem of the O.T._ pp. 422 sqq.; Ed. Meyer, + _Die Israëliten_, pp. 222 sqq. Some, too, find in the Amarna tablets + the historical background for Joseph's high position at the Egyptian + court (see Cheyne, _Ency. Bib._ art. "Joseph"). + + [4] For the varying traditions regarding the number of the people and + their residence (whether settled apart, cf., e.g., Gen. xlvi. 34, Ex. + viii. 22, ix. 26, x. 23, or in the midst of the Egyptians) see the + recent commentaries. + + [5] See further J. Wellhausen, _Prolegomena_, pp. 342 sqq.; G.F. + Moore, Ency. Bib. col. 1443; S.A. Cook, _Jew. Quart. Rev._ (1906), + pp. 741 sqq. (1907), p. 122, and art. MOSES. Ex. xiii. 17-19 forbids + the compromise which would place Sinai-Horeb in the neighbourhood of + Kadesh (A.E. Haynes, _Pal. Explor. Fund, Quart. Statem._ (1896), pp. + 175 sqq.; C.F. Kent [see _Lit._ below], p. 381). + + [6] So B. Stade, Steuernagel, Guthe, G.F. Moore, H.P. Smith, C.F. + Kent, &c. See CALEB; JERAHMEEL; JUDAH; KENITES; LEVITES; and JEWS: + _History_, §§ 5, 20 (end). + + [7] An instructive parallel to the last-mentioned is afforded by + Dissard's account of the migration of Arab tribes into Palestine in + the 18th century A.D. (_Revue biblique_, July 1905). + + + + +EXOGAMY (Gr. [Greek: exô], outside; and [Greek: gamos], marriage), the +term proposed by J.F. McLennan for the custom compelling marriage "out +of the tribe" (or rather "out of the totem"); its converse is endogamy +(q.v.). McLennan would find an explanation of exogamy in the prevalence +of female infanticide, which, "rendering women scarce, led at once to +polyandry within the tribe, and the capturing of women from without." +Infanticide of girls is, and no doubt ever has been, a very common +practice among savages, and for obvious reasons. Among tribes in a +primitive stage of social organization girl-children must always have +been a hindrance and a source of weakness. They had to be fed and yet +they could not take part in the hunt for food, and they offered a +temptation to neighbouring tribes. Infanticide, however, is not proved +to have been so universal as McLennan suggests, and it is more probable +that the reason of exogamy is really to be found in that primitive +social system which made the "captured" woman the only wife in the +modern sense of the term. In the beginnings of human society children +were related only to their mother; and the women of a tribe were common +property. Thus no man might appropriate any female or attempt to +maintain proprietary rights over her. With women of other tribes it +would be different, and a warrior who captured a woman would doubtless +pass unchallenged in his claim to possess her absolutely. Infanticide, +the evil physical effects of "in-and-in" breeding, the natural strength +of the impulse to possess on the man's part, and the greater feeling of +security and a tendency to family life and affections on the woman's, +would combine to make exogamy increase and marriages within the tribe +decrease. A natural impulse would in a few generations tend to become a +law or a custom, the violation of which would be looked on with horror. +Physical capture, too, as soon as increasing civilization and tribal +intercommunication removed the necessity for violence, became symbolic +of the more permanent and individual relations of the sexes. An +additional explanation of the prevalence of exogamy may be found in the +natural tendency of exogamous tribes to increase in numbers and strength +at the expense of those communities which moved towards decadence by +in-breeding. Thus tradition would harden into a prejudice, strong as a +principle of religion, and exogamy would become the inviolable custom it +is found to be among many races. In Australia, Sir G. Grey writes: "One +of the most remarkable facts connected with the natives is that they are +divided into certain great families, all the members of which bear the +same name ... these family names are common over a great portion of the +continent and a man cannot marry a woman of his own family name." In +eastern Africa, Sir R. Burton says: "The Somal will not marry one of the +same, or even of a consanguineous family," and the Bakalahari have the +same rule. Paul B. du Chaillu found exogamy the rule and blood marriages +regarded as an abomination throughout western Equatorial Africa. In +India the Khasias, Juangs, Waralis, Otaons, Hos and other tribes are +strictly exogamous. The Kalmucks are divided into hordes, and no man may +marry a woman of the same horde. Circassians and Samoyedes have similar +rules. The Ostiaks regard endogamy (marriage within the clan) as a +crime, as do the Yakuts of Siberia. Among the Indians of America severe +rules prescribing exogamy prevail. The Tsimsheean Indians of British +Columbia are divided into tribes and totems, or "crests which are +common to all the tribes," says one writer. "The crests are the whale, +the porpoise, the eagle, the coon, the wolf and the frog.... The +relationship existing between persons of the same crest is nearer than +that between members of the same tribe.... Members of the same tribe may +marry, but those of the same crest are not allowed to under any +circumstances; that is, a whale may not marry a whale, but a whale may +marry a frog, &c." The Thlinkeets, the Mayas of Yucatan and the Indians +of Guiana are exogamous, observing a custom which is thus seen to exist +throughout Africa, in Siberia, China, India, Polynesia and the Americas. + + AUTHORITIES.--J.F. McLennan, _Primitive Marriage_ (1865), and _Studies + in Anc. Hist._ (1896); Lord Avebury, _Origin of Civilization_ (1902); + Westermarck, _History of Human Marriage_ (1894); A. Lang, _Social + Origins_ (1903); L.H. Morgan, _Ancient Society_ (1877); J.G. Frazer, + _Totemism and Exogamy_ (1910); see also TOTEM. + + + + +EXORCISM (Gr. [Greek: exorkizein], to conjure out), the expulsion of +evil spirits from persons or places by incantations, magical rites or +other means. As a corollary of the animistic theory of diseases and of +belief in Possession (q.v.), we find widely spread customs whose object +is to get rid of the evil influences. These customs may take the form of +a general expulsion of evils, either once a year or at irregular +intervals; the evils, which are often regarded as spirits, sometimes as +the souls of the dead, may be expelled, according to primitive +philosophy, either immediately by spells, purifications or some form of +coercion; or they may be put on the back of a scapegoat or other +material vehicle. Among the means of compelling the evil spirits are +assaults with warlike weapons or sticks, the noise of musical +instruments or of the human voice, the use of masks, the invocation of +more powerful good spirits, &c.; both fire and water are used to drive +them out, and the use of iron is a common means of holding them at bay. + +The term exorcism is applied more especially to the freeing of an +individual from a possessing or disease-causing spirit; the means +adopted are frequently the same as those mentioned above; in the East +Indies the sufferer sometimes dances round a small ship, into which the +spirit passes and is then set adrift. The patient may be beaten or means +may be employed whose efficiency depends largely on their suggestive +nature. Among the Dakota Indians the medicine-man chants _hi-le-li-lah!_ +at the bed of the sick man and accompanies his chant with the rattle; he +then sucks at the affected part till the possessing spirit is supposed +to come out and take its flight, when men fire guns at it from the door +of the tent. The Zulus believe that they can get rid of the souls of the +dead, which cause diseases, by sacrifices of cattle, or by expostulating +with the spirits; so too the _shaman_ or magician in other parts of the +world offers the possessing spirit objects or animals. + +The professional exorcist was known among the Jews; in Greece the art +was practised by women, and it is recorded that the mothers of Epicurus +and Aeschines belonged to this class; both were bitterly reproached, the +one by the Stoics, the other by Demosthenes, with having taken part in +the practices in question. The prominence of exorcism in the early ages +of the Christian church appears from its frequent mention in the +writings of the fathers, and by the 3rd century there was an order of +exorcists (see EXORCIST). The ancient rite of exorcism in connexion with +baptism is still retained in the Roman ritual, as is also a form of +service for the exorcising of possessed persons. The exorcist signs the +possessed person with the figure of the cross, desires him to kneel, and +sprinkles him with holy water; after which the exorcist asks the devil +his name, and abjures him by the holy mysteries of the Christian +religion not to afflict the person possessed any more. Then, laying his +right hand on the demoniac's head, he repeats the form of exorcism as +follows: "I exorcise thee, unclean spirit, in the name of Jesus Christ; +tremble, O Satan, thou enemy of the faith, thou foe of mankind, who hast +brought death into the world, who hast deprived men of life, and hast +rebelled against justice, thou seducer of mankind, thou root of evil, +thou source of avarice, discord and envy." Houses and other places +supposed to be haunted by unclean spirits are likewise to be exorcised +with similar rites, and in general exorcism has a place in all the +ceremonies for consecrating and blessing persons or things (see +BENEDICTION). + + See Tylor, _Primitive Culture_; Skeat, _Malay Magic_, p. 427 seq.; + Frazer, _Golden Bough_, vol. iii. 189; Krafft, _Ausführliche Historie + von Exorcismus_; Koldeweg, _Der Exorcismus im Herzogthum + Braunschweig_; Brecher, _Das Transcendentale, Magie, etc. im Talmud_, + pp. 195-203: _Zeitschr. für Assyriologie_ (Dec. 1893, April 1894); + Herzog, _Realencykl., s.v._ "Exorcismus"; Waldmeier, _Autobiography_, + p. 64; L.W. King, _Babylonian Magic_; Maury, _La Magie_; R.C. + Thompson, _Devils and Evil Spirits of Babylonia_. + + + + +EXORCIST (Lat. _exorcista_, Gr. [Greek: exorkistês]), in the Roman +Catholic church, the third grade in the minor orders of the clergy, +between those of acolyte and reader. The office, which involves the +right of ceremonially exorcising devils (see Exorcism), is actually no +more than a preliminary stage of the priesthood. The earliest record of +the special ordination of exorcists is the 7th canon of the council of +Carthage (A.D. 256). "When they are ordained," it runs, "they receive +from the hand of the bishop a little book in which the exorcisms are +written, receiving power to lay hands on the _energumeni_, whether +baptized or catechumens." Whatever its present position, the office of +exorcist was, until comparatively recent times, by no means considered a +sinecure. "The exorcist a terror to demons" (Paulinus, _Epist._ 24) +survived the Reformation among Protestants, with the belief, expressed +by Firmilianus in his epistle to St Cyprian, that "through the +exorcists, by the voice of man and the power of God, the devil may be +whipped, and burnt and tortured." + + + + +EXOTIC (Gr. [Greek: exôtikos], foreign, from [Greek: exô], outside), of +foreign origin, or belonging to another country. The term is now used in +the restricted sense of something not indigenous or native, and is +mostly applied to plants introduced from foreign countries, which have +not become acclimatized. Figuratively, "exotic" is used to convey the +sense of something rare, delicate or extravagant. + + + + +EXPATRIATION (from Late Lat. _expatriare_, to exile, and _patria_, +native land), a term used in a general sense for the banishment of a +person from his own country. In international law expatriation is the +renunciation or change of allegiance to one's native or adopted country. +It may take place either by a voluntary act or by operation of law. Some +countries, as France and England, disclaim their subjects if they become +naturalized in another country, others, again, passively permit +expatriation whether a new nationality has been acquired or not; others, +as Germany, make expatriation the consequence of continued absence from +their territory. (See ALIEN; ALLEGIANCE; NATURALIZATION.) + + + + +EXPERT (Lat. _expertus_, from _experiri_, to try), strictly, skilled, or +one who has special knowledge; as used in law, an expert is a person, +selected by a court, or adduced by a party to a cause, to give his +opinion on some point in issue with which he is peculiarly conversant. +In Roman law questions of disputed handwriting were referred to experts; +and in France, whenever the court considers that a report by experts is +necessary, it is ordered by a judgment clearly setting forth the objects +of the _expertise_ (Code Proc. Civ. art. 302). Three experts are then to +be appointed, unless the parties agree upon one only (art. 303). The +experts are required to take an oath (art. 305), but in practice this +requirement is frequently dispensed with. They may be challenged on the +same grounds as witnesses (art. 310). The necessary documentary and +other evidence is laid before them (art. 317), and they make a single +report to the court, even if they express different opinions: in that +case the grounds only of the different opinions are to be stated, and +not the personal opinion of each of the experts (art. 318). If the court +is not satisfied with the report, new experts may be appointed (art. +322); the judges are not bound to adopt the opinion of the experts (art. +323). "This procedure in regard to experts is common to both the civil +and commercial courts, but it is much more frequently resorted to in the +commercial court than in the civil court, and the investigation is +usually conducted by special experts officially attached to each of +these courts" (Bodington, _French Law of Evidence_, London, 1904, p. +102). A similar system is to be found in force in many other European +countries; see e.g. Codes of Civil Procedure of Holland, arts. 222 et +seq.; Belgium, arts. 302 et seq.; Italy, arts. 252 et seq.; as well as +in those colonies where French law has been followed (Codes of Civil +Procedure of Quebec, arts. 392 et seq.; St Lucia, arts. 286 et seq.). In +Mauritius the articles of the French law, summarized above, are still +nominally in force; but in practice each side calls its own expert +evidence, as in England. + +There is some evidence that in England the courts were in early times in +the habit of summoning to their assistance, apparently as assessors, +persons specially qualified to advise upon any scientific or technical +question that required to be determined. Thus "in an appeal of maihem +(i.e. wounding) ... the court did not know how to adjudge because the +wound was new, and then the defendant took issue and prayed the court +that the maihem might be examined, on which a writ was sent to the +sheriff to cause to come _medicos chirurgieos de melioribus London, ad +informandum dominum regem el curiam de his quae eis ex parte domini +regis injungerentur_" (Year Book, 21 Hen. VII. pl. 30, p. 33). The +practice of calling in expert assistance in judicial inquiries was not +confined to medico-legal cases. "If matters arise," said Justice +Saunders in _Buckley_ v. _Rice Thomas_ (1554, Plowden, 124 a), "which +concern other faculties, we commonly apply for the aid of that science +or faculty which it concerns." English procedure, however, being +_litigious_, and not, like continental European procedure, +_inquisitorial_, in its character, the expert soon became, and still is, +simply a witness to speak to matters of opinion. + +There is a considerable body of law in England as to expert evidence. +Only a few points can be touched upon here. (1) An expert is permitted +to refresh his memory in regard to any fact by referring to anything +written by himself or under his direction at the time when the fact +occurred or at a time when it was fresh in his memory. This is also law +generally in the United States (see e.g. New York Civil Code, s. 1843). +In Scotland, medical and other scientific reports are lodged in process +before the trial, and the witness reads them as part of his evidence and +is liable to be examined or cross-examined on their contents. (2) In +strictness, an expert will not be allowed, in cases of alleged insanity, +to say that a litigating or incriminated party is insane or the reverse, +and so to usurp the prerogative of the court or jury. But he may be +asked whether certain facts or symptoms, _assuming them to be proved_, +are or are not indicative of insanity. But in practice this rule is +relaxed both in England and in Scotland, and (where it exists) to a +still greater extent in America. (3) Foreign law can only be proved in +English courts--and the same rule applies in Scotland--(a) by obtaining +an opinion on the subject from a superior court of the country whose +laws are in dispute under the Foreign Law Ascertainment Act 1861 or the +British Law Ascertainment Act 1859, or (b) by the evidence of a lawyer +of the country whose law is in question, or who has studied it _in that +country_, or of an official whose position requires, and therefore +presumes, a sufficient knowledge of that law. (4) The weight of +authority both in England and in America supports the view that an +expert is not bound to give evidence as to matters of opinion unless +upon an undertaking by the party calling him to pay a reasonable +remuneration for his evidence. + +Statutory provision has been made in England for the summoning of expert +assistance by the legal tribunals in various cases. In the county courts +the judge may, if he thinks fit, on the application of either party, +call in as assessor one or more persons of skill and experience as to +the matters in dispute (County Courts Act 1888, s. 103), and special +provision is made for calling in an assessor in employers' liability +cases (act of 1880, s. 6) and admiralty matters (see County Courts +Admiralty Jurisdiction Acts of 1868 and 1869). In the High Court and +court of appeal one or more specially qualified assessors may be called +in to assist in the hearing of any cause or matter except a criminal +proceeding by the crown (Judicature Acts 1873, s. 56), and a like power +is given to both these courts and the judicial committee of the privy +council in patent cases (Patents, &c., Act 1883., s. 28). Maritime +causes, whether original or on appeal from county courts, are usually +taken in the presence of Elder Brethren of the Trinity House, who advise +the judge without having any right to control or any responsibility for +his decision (see the "Beryl," 1884, 9 P.D. 1), and on appeal in +maritime causes nautical assessories are usually called in by the court +of appeal, and may be called in by the House of Lords (Judicature Act +1891, s. 3); a like provision is made as to maritime causes in Scottish +courts (Nautical Assessors [Scotland] Act 1894). The judicial committee +of the privy council, besides its power to call in assessors in patent +cases, is authorized to call them in in ecclesiastical causes (Appellate +Jurisdiction Act 1876, s. 14). + + In addition to the authorities cited in the text, see Taylor, _Law of + Evidence_ (9th ed., London, 1895); J.D. Lawson, _Law of Expert and + Opinion Evidence_ (1900). + + + + +EXPLOSIVES, a general term for substances which by certain treatment +"explode," i.e. decompose or change in a violent manner so as to +generate force. From the manner and degree of violence of the +decomposition they are classified into "propellants" and "detonators," +but this classification is not capable of sharp delimitation. In some +cases the same substance may be employed for either purpose under +altered external conditions; but there are some substances which could +not possibly be employed as propellants, and others which can scarcely +be induced to explode in the manner known as "detonation." A propellant +may be considered as a substance that on explosion produces such a +disturbance that neighbouring substances are thrown to some distance; a +detonator or disruptor may produce an extremely violent disturbance +within a limited area without projecting substances to any great +distance. Time is an important, perhaps the most important, factor in +this action. A propellant generally acts by _burning_ in a more or less +rapid and regular manner, producing from a comparatively small volume a +large volume of gases; during this action heat is also developed, which, +being expended mostly on the gaseous products, causes a further +expansion. The noise accompanying an explosion is due to an air wave, +and is markedly different in the case of a detonator from a real +propellant. Some cases of ordinary combustion can be accelerated into +explosions by increasing the area of contact between the combustible and +the oxygen supplier, for instance, ordinary gas or dust explosions. +Neither temperature nor quantity of heat energy necessarily gives an +explosive action. Some metals, e.g. aluminium and magnesium, will, in +oxidizing, produce a great thermal effect, but unless there be some +gaseous products no real explosive action. + +Explosives may be mechanical mixtures of substances capable of chemical +interaction with the production of large volumes of gases, or definite +chemical compounds of a peculiar class known as "endothermic," the +decomposition of which is also attended with the evolution of gases in +large quantity. + + All chemical compounds are either "endothermic" or "exothermic." In + endothermic compounds energy, in some form, has been taken up in the + act of formation of the compound. Some of this energy has become + potential, or rather the compound formed has been raised to a higher + potential. This case occurs when two elements can be united only under + some compulsion such as a very high temperature, by the aid of an + electric current, or spark, or as a secondary product whilst some + other reactions are proceeding. For example, oxygen and nitrogen + combine only under the influence of an electric spark, and carbon and + calcium in the electric furnace. The formation of chlorates by the + action of chlorine on boiling potash is a good instance of a complex + compound (potassium chlorate), being formed in small quantity as a + secondary product whilst a large quantity of primary and simpler + products (potassium chloride and water) is forming. In chlorate + formation the greater part of the reaction represents a running down + of energy and formation of exothermic compounds, with only a small + yield of an endothermic substance. Another idea of the meaning of + endothermic is obtained from acetylene. When 26 parts by weight of + this substance are burnt, the heat produced will warm up 310,450 parts + of water 1° C. Acetylene consists of 24 parts of carbon and 2 of + hydrogen by weight. The 24 parts of carbon will, if in the form of + pure charcoal, heat 192,000 parts of water 1°, and the 2 parts of + hydrogen will heat 68,000 parts of water 1°, the total heat production + being 260,000 heat units. Thus 26 grams of acetylene give an excess of + 50,450 units over the amount given by the constituents. This excess of + heat energy[1] is due to some form of potential energy in the + compound which becomes actual heat energy at the moment of dissolution + of the chemical union. The manner in which a substance is endothermic + is of importance as regards the practical employment of explosives. + Some particular endothermic state or form results from the mode of + formation and the consequent internal structure of the molecule. + Physical structure alone can be the cause of a relative endothermic + state, as in the glass bulbs known as Rupert's drops, &c., or even in + chilled steel. Rupert's drops fly in pieces on being scratched or cut + to a certain depth. The cause is undoubtedly to be ascribed to the + molecular state of the glass brought about by chilling from the melted + state. The molecules have not had time to separate or arrange + themselves in easy positions. In steel when melted the carbide of iron + is no doubt diffused equally throughout the liquid. When cooled slowly + some carbide separates out more or less, and the steel is soft or + annealed. When chilled the carbides are retained in solid solution. + The volume of chilled glass or steel differs slightly from that in the + annealed state. + + Superfused substances are probably in a similar state of physical + potential or strain. Many metallic salts, and organic compounds + especially, will exhibit this state when completely melted and then + allowed to cool in a clean atmosphere. On touching with a little of + the same substance in a solid state the liquids will begin to + crystallize, at the same time becoming heated almost up to their + melting-points. The metal gallium shows this excellently well, keeping + liquid for years until touched with the solid metal, when there is a + considerable rise of temperature as solidification takes place. + + All carbon compounds, excepting carbon dioxide, and many if not all + compounds of nitrogen, are endothermic. Most of the explosives in + common use contain nitrogen in some form. + + Exothermic compounds are in a certain sense the reverse of + endothermic; they are relatively inert and react but slowly or not at + all, unless energy be expended upon them from outside. Water, carbon + dioxide and most of the common minerals belong to this class. + +The explosives actually employed at the present time include mixtures, +such as gunpowders and some chlorate compositions, the ingredients of +which separately may be non-explosive; compounds used singly, as +guncotton, nitroglycerin (in the form of dynamite), picric acid (as +lyddite or melinite), trinitrotoluene, nitrocresols, mercury fulminate, +&c.; combinations of some explosive compounds, such as cordite and the +smokeless propellants in general use for military purposes; and, +finally, blasting and detonating or igniting compositions, some of which +contain inert diluting materials as well as one or more high explosives. +Many igniting compositions are examples of the last type, consisting of +a high explosive diluted with a neutral substance, and frequently +containing in addition a composition which is inflamed by the explosion +of the diluted high explosive, the flame in turn igniting the actual +propellant. + +_Explosive Mixtures._--The explosive mixture longest known is +undoubtedly gunpowder (q.v.) in some form--that is, a mixture of +charcoal with sulphur and nitre, the last being the oxygen provider. +Besides the nitrates of metals and ammonium nitrate, there is a limited +number of other substances capable of serving in a sufficiently +energetic manner as oxygen providers. A few chlorates, perchlorates, +permanganates and chromates almost complete the list. Of these the +sodium, potassium and barium chlorates are best known and have been +actually tried, in admixture with some combustible substances, as +practical explosives. Most other metallic chlorates are barred from +practical employment owing to instability, deliquescence or other +property. + +Of the chlorates those of potassium and sodium are the most stable, and +mixtures of either of these salts with sulphur or sulphides, phosphorus, +charcoal, sugar, starch, finely-ground cellulose, coal or almost any +kind of organic, i.e. carbon, compound, in certain proportions, yield an +explosive mixture. In many cases these mixtures are not only fired or +exploded by heating to a certain temperature, but also by quite moderate +friction or percussion. Consequently there is much danger in manufacture +and storage, and however these mixtures have been made up, they are +quite out of the question as propellants on account of their great +tendency to explode in the manner of a detonator. In addition they are +not smokeless, and leave a considerable residue which in a gun would +produce serious fouling. + +Mixtures of chlorates with aromatic compounds such as the nitro- or +dinitro-benzenes or even naphthalene make very powerful blasting agents. +The violent action of a chlorate mixture is due first to the rapid +evolution of oxygen, and also to the fact that a chlorate can be +detonated when alone. A drop of sulphuric acid will start the combustion +of a chlorate mixture. In admixture with sulphur, sulphides and +especially phosphorus, chlorates give extremely sensitive compositions, +some of which form the basis of friction tube and firing mixtures. + +Potassium and sodium perchlorates and permanganates make similar but +slightly less sensitive explosive mixtures with the above-mentioned +substances. Finely divided metals such as aluminium or magnesium give +also with permanganates, chlorates or perchlorates sensitive and +powerful explosives. Bichromates, although containing much available +oxygen, form but feeble explosive mixtures, but some compounds of +chromic acid with diazo compounds and some acetylides are extremely +powerful as well as sensitive. Ammonium bichromate is a self-combustible +after the type of ammonium nitrate, but scarcely an explosive. + +_Explosive Compounds._--Nearly all the explosive compounds in actual use +either for blasting purposes or as propellants are nitrogen compounds, +and are obtained more or less directly from nitric acid. Most of the +propellants at present employed consist essentially of nitrates of some +organic compound, and may be viewed theoretically as nitric acid, the +hydrogen of which has been replaced by a carbon complex; such compounds +are expressed by M·O·NO2, which indicates that the carbon group is in +some manner united by means of oxygen to the nitrogen group. Guncotton +and nitroglycerin are of this class. Another large class of explosives +is formed by a more direct attachment of nitrogen to the carbon complex, +as represented by M·NO2. A number of explosives of the detonating type +are of this class. They contain the same proportions of oxygen and +nitrogen as nitrites, but are not nitrites. They have been termed +nitro-derivatives for distinction. One of the simplest and longest-known +members of this group is nitrobenzene, C6H5NO2, which is employed to +some extent as an explosive, being one ingredient in rack-a-rock and +other blasting compositions. The dinitro-benzenes, C6H4(NO2)2, made from +it are solids which are somewhat extensively employed as constituents of +some sporting powders, and in admixture with ammonium nitrate form a +blasting powder of a "flameless" variety which is comparatively safe in +dusty or "gassy" coal seams. + +Picric acid or trinitrophenol, C6H2·OH·(NO2)3 is employed as a high +explosive for shell, &c. It requires, however, either to be enclosed and +heated, or to be started by a powerful detonator to develop its full +effect. Its compounds with metals, such as the potassium salt, +C6H2·OK·(NO2)3, are when dry very easily detonated by friction or +percussion and _always_ on heating, whereas picric acid itself will burn +very quietly when set fire to under ordinary conditions. +Trinitrotoluene, C6H2·CH3·(NO2)3, is a high explosive resembling picric +acid in the manner of its explosion (to which in fact it is a rival), +but differs therefrom in not forming salts with metals. The +nitronaphthols, C10H6·OH·NO2, and higher nitration products may be +counted in the list. Their salts with metals behave much like the +picrates. + +All these nitro compounds can be reduced by the action of nascent +hydrogen to substances called amines (q.v.), which are not always +explosive in themselves, but in some cases can form nitrates of a +self-combustible nature. Aminoacetic acid, for instance, will form a +nitrate which burns rapidly but quietly, and might be employed as an +explosive. By the action of nitrous acid at low temperatures on aromatic +amines, e.g. aniline, C6H5NH2, diazo compounds are produced. These are +all highly explosive, and when in a dry state are for the most part also +extremely sensitive to friction, percussion or heat. As many of these +diazo compounds contain no oxygen their explosive nature must be +ascribed to the peculiar state of union of the nitrogen. This state is +attempted to be shown by the formulae such as, for instance, C6H5·N : +N·X, which maybe some compound of diazobenzene. Probably the most +vigorous high explosive at present known is the substance called +hydrazoic acid or azoimide (q.v.). It forms salts with metals such as +AgN3, which explode in a peculiar manner. The ammonium compound, NH4N3, +may become a practical explosive of great value. + +Mercuric fulminate, HgC2N2O2, is one of the most useful high explosives +known. It is formed by the action of a solution of mercurous nitrate, +containing some nitrous acid, on alcohol. It is a white crystalline +substance almost insoluble in cold water and requiring 130 times its +weight of boiling water for solution. It may be heated to 180° C. before +exploding, and the explosion so brought about is much milder than that +produced by percussion. It forms the principal ingredient in cap +compositions, in many fuses and in detonators. In many of these +compositions the fulminate is diluted by mixture with certain quantities +of inert powders so that its sensitiveness to friction or percussion is +just so much lowered, or slowed down, that it will fire another mixture +capable of burning with a hot flame. For detonating dynamite, guncotton, +&c., it is generally employed without admixture of a diluent. + +_Smokeless Propellants._--Gunpowders and all other explosive mixtures or +compounds containing metallic salts must form smoke on combustion. The +solids produced by the resolution of the compounds are in an extremely +finely-divided state, and on being ejected into the atmosphere become +more or less attached to water vapour, which is so precipitated, and +consequently adds to the smoke. The simplest examples of propellants of +the smokeless class are compressed gases. Compressed air was the +propellant for the Zalinski dynamite gun. Liquefied carbon dioxide has +also been proposed and used to a slight extent with the same idea. It is +scarcely practical, however, because when a quantity of a gas liquefied +by pressure passes back again into the gaseous state, there is a great +absorption of heat, and any remaining liquid, and the containing vessel, +are considerably cooled. Steam guns were tried in the American Civil War +in 1864; but a steam gun is not smokeless, for the steam escaping from +the long tube or gun immediately condenses on expansion, forming white +mist or smoke. + +At the earliest stage of the development of guncotton the advantage of +its smokeless combustion was fully appreciated (see GUNCOTTON). That it +did not at once take its position as _the_ smokeless propellant, was +simply due to its physical state--a fibrous porous mass--which burnt too +quickly or even detonated under the pressure required in fire-arms of +any kind. In the early eighties of the 19th century it was found that +several substances would partly dissolve or at least gelatinize +guncotton, and the moment when guncotton proper was obtained as a +colloid or jelly was the real start in the matter of smokeless +propellants. + +Guncotton is converted into a gelatinous form by several substances, +such as esters, e.g. ethyl acetate or benzoate, acetone and other +ketones, and many benzene compounds, most of which are volatile liquids. +On contact with the guncotton a jelly is formed which stiffens as the +evaporation of the gelatinizing agent proceeds, and finally hardens when +the evaporation is complete. Whilst in a stiff pasty state it may be +cut, moulded or pressed into any desired shape without any danger of +ignition. In fact guncotton in the colloid state may be hammered on an +anvil, and, as a rule, only the portion struck will detonate or fire. +Guncotton alone makes a very hard and somewhat brittle mass after +treatment with the gelatinizing agent and complete drying, and small +quantities of camphor, vaseline, castor oil and other substances are +incorporated with the gelatinous guncotton to moderate this hard and +brittle state. + +All the smokeless powders, of which gelatinized guncottons or nitrated +celluloses are the base, are moulded into some conveniently shaped +grain, e.g. tubes, cords, rods, disks or tablets, so that the rate of +burning may be controlled as desired. The Vieille powder, invented in +1887 and adopted in France for a magazine rifle, consisted of +gelatinized guncotton with a little picric acid. Later a mixture of two +varieties of guncotton gelatinized together was used. In addition to +guncottons other explosive or non-explosive substances are contained in +some of these powders. Guncotton alone in the colloid state burns very +slowly if in moderate-sized pieces, and when subdivided or made into +thin rods or strips it is still very mild as an explosive, partly from a +chemical reason, viz. there is not sufficient oxygen in it to burn the +carbon to dioxide. Many mixtures are consequently in use, and many more +have been proposed, which contain some metallic salt capable of +supplying oxygen, such as barium or ammonium nitrate, &c., the idea +being to accelerate the rate of burning of the guncotton and if possible +avoid the production of smoke. + +The discovery by A. Nobel that nitroglycerin could be incorporated with +collodion cotton to form blasting gelatin (see DYNAMITE) led more or +less directly to the invention of ballistite, which differs from +blasting gelatin only in the relative amounts of collodion, or soluble +nitrated cotton, and nitroglycerin. Ballistite was adopted by the +Italian government in 1890 as a military powder. Very many substances +and mixtures have been proposed for smokeless powder, but the two +substances, guncotton and nitroglycerin, have for the most part kept the +field against all other combinations, and for several reasons. +Nitroglycerin contains a slight excess of oxygen over that necessary to +convert the whole of the carbon into carbon dioxide; it burns in a more +energetic manner than guncotton; the two can be incorporated together in +any proportion whilst the guncotton is in the gelatinous state; also all +the liquids which gelatinize guncotton dissolve nitroglycerin, and, as +these gelatinizing liquids evaporate, the nitroglycerin is left +entangled in the guncotton jelly, and then shares more or less its +colloidal character. In burning the nitroglycerin is protected from +detonation by the gelatinous state of the guncotton, but still adds to +the rate of burning and produces a higher temperature. + + _Desirable Qualities._--Smokelessness is one only of the desirable + properties of a propellant. All the present so-called smokeless + powders produce a little fume or haze, mainly due to the condensation + of the steam which forms one of the combustion products. There is + often also a little vapour from the substances, such as oils, mineral + jelly, vaseline or other hydrocarbon added for lubrication or to + render the finished material pliable, &c. The gases produced should + neither be very poisonous nor exert a corrosive action on metals, &c. + The powder itself should have good keeping qualities, that is, not be + liable to chemical changes within ordinary ranges of temperature or in + different climates when stored for a few years. In these powders + slight chemical changes are generally followed by noticeable ballistic + changes. All the smokeless powders of the present day produce some + oxide of nitrogen, traces of which hang about the gun after firing and + change rapidly into nitrous and nitric acids. Nitrous acid is + particularly objectionable in connexion with metals, as it acts as a + carrier of oxygen. The fouling from modern smokeless powders is a + slight deposit of acid grease, and the remedy consists in washing out + the bore of the piece with an alkaline liquid. The castor oil, mineral + jelly or camphor, and similar substances added to smokeless powders + are supposed to act as lubricants to some extent. They are not as + effective in this respect as mineral salts, and the rifling of both + small-arms and ordnance using smokeless powders is severely gripped by + the metal of the projectile. The alkaline fouling produced by the + black and brown powders acted as a preventive of rusting to some + extent, as well as a lubricant in the bore. + + _Danger in Manufacture._--In the case of the old gunpowders, the most + dangerous manufacturing operation was incorporation. With the modern + colloid propellants the most dangerous operations are the chemical + processes in the preparation of nitroglycerin, the drying of + guncotton, &c. After once the gelatinizing solvent has been added, all + the mechanical operations can be conducted, practically, with perfect + safety. This statement appears to be correct for all kinds of nitrated + cellulose powders, whether mixed with nitroglycerin or other + substances. Should they become ignited, which is possible by a rise of + temperature (to say 180°) or contact with a flame, the mixture burns + quickly, but does not detonate. + + As a rule naval and military smokeless powders are shaped into flakes, + cubes, cords or cylinders, with or without longitudinal perforations. + All the modifications in shape and size are intended to regulate the + rate of burning. Sporting powders are often coloured for trade + distinction. Some powders are blackleaded by glazing with pure + graphite, as is done with black powders. One object of this glazing is + to prevent the grains or pieces becoming joined by pressure; for rods + or pieces of some smokeless powders might possibly unite under + considerable pressure, producing larger pieces and thus altering the + rate of burning. Most smokeless powders are fairly insensitive to + shock. All these gelatinized powders are a little less easily ignited + than black powders. A slightly different cap composition is required + for small-arm cartridges, and cannon cartridges generally require a + small primer or starter of powdered black gunpowder. + + It is desired that a propellant shall produce the maximum velocity + with the minimum pressure. The pressure should start gently so that + the inertia of the projectile is overcome without any undue local + strain on the breech near the powder chamber, and more especially that + as more and more space is given to the gases by the movement of the + projectile up the gun to the muzzle, gas should be produced with + sufficient rapidity to keep the pressure nearly uniform or slightly + increasing along the bore. The leading idea for improvements in + relation to propellants is to obtain the greatest possible pressure + regularly developed, and at the same time the lowest temperatures. + (W. R. E. H.) + +_Law._--In 1860 an act was passed in England "to amend the law +concerning the making, keeping and carriage of gunpowder and +compositions of an explosive nature, and concerning the manufacture and +use of fireworks" (23 & 24 Vict. c. 139), whereby previous acts on the +same subject were repealed, and minute and stringent regulations +introduced. Amending acts were passed in 1861 and 1862. In 1875 was +passed the Explosives Act (38 & 39 Vict. c. 17), which repealed the +former acts, and dealt with the whole subject in a more comprehensive +manner. This act, containing 122 sections, and applying to Scotland and +Ireland, as well as to England, constitutes, with various orders in +council and home office orders, a complete code. The act of 1875 was +based on the report of a committee of the House of Commons, public +opinion having been greatly excited on the subject by a terrible +explosion on the Regent's Canal in 1874. Explosives are thus defined: +(1) Gunpowder, nitroglycerin, dynamite, guncotton, blasting powders, +fulminate of mercury or of other metals, coloured fires, and every other +substance, whether similar to those above-mentioned or not, used or +manufactured with a view to produce a practical effect by explosion or a +pyrotechnic effect, and including (2) fog-signals, fireworks, fuses, +rockets, percussion caps, detonators, cartridges, ammunition of all +descriptions, and every adaptation or preparation of an explosive as +above defined. Part i. deals with gunpowder, providing that it shall be +manufactured only at factories lawfully existing or licensed under the +act; that it shall be kept (except for private use) only in existing or +new magazines or stores, or in registered premises, licensed under the +act. Private persons may keep gunpowder for their own use to the amount +of thirty pounds. The act also prescribes rules for the proper keeping +of gunpowder on registered premises. Part ii. deals with nitroglycerin +and other explosives; part iii. with inspection, accidents, search, &c.; +part iv. contains various supplementary provisions. By order in council +the term "explosive" may be extended to any substance which appears to +be specially dangerous to life or property by reason of its explosive +properties, or to any process liable to explosion in the manufacture +thereof, and the provisions of the act then extend to such substance +just as if it were included in the term "explosive" in the act. The act +lays down minute and stringent regulations for the sale of gunpowder, +restricting the sale thereof in public thoroughfares or places, or to +any child apparently under the age of thirteen; requiring the sale of +gunpowder to be in closed packages labelled; it also lays down general +rules for conveyance, &c. The act also gives power by order in council +to define, from time to time, the composition, quality and character of +any explosive, and to classify explosives, and such orders in council +are frequently made including new substances; those in force will be +found in the _Statutory Rules and Orders_, tit. "explosive substance." +The Merchant Shipping Act 1894 imposes restrictions on the carriage of +dangerous goods in a British or foreign vessel, "dangerous goods" +meaning aquafortis, vitriol, naphtha, benzine, gunpowder, lucifer +matches, nitroglycerin, petroleum and any explosive within the meaning +of the Explosives Act 1875. The act is administered by the home office, +and an annual report is published containing the proceedings of the +inspectors of explosives and an account of the working of the act. Each +annual report gives a list of explosives at the time authorized for +manufacture or importation, and appendices containing information as to +accidents, experiments, &c. + +Practically every European country has legislated on the lines of the +English act of 1875, Austria taking the lead, in 1877, with an +explosives ordinance almost identical with the English act. The United +States and the various English colonies also have explosives acts +regulating the manufacture, storage and importation of explosives. (See +also PETROLEUM.) (T. A. I.) + + BIBLIOGRAPHY.--M. Berthelot, _Sur la force des matières explosives_ + (Paris, 1883); P.F. Chalon, _Les Explosifs modernes_ (Paris, 1886); + W.H. Wardell, _Handbook of Gunpowder and Guncotton_ (London, 1888); + J.P. Cundill, _A Dictionary of Explosives_ (London, 1889 and 1897); M. + Eissler, _A Handbook of Modern Explosives_ (London, 1896, new ed. + 1903); J.A. Longridge, _Smokeless Powder and its Influence on Gun + Construction_ (London, 1890); C. Napier Hake and W. Macnab, + _Explosives and their Power_ (London, 1892); G. Coralys, _Les + Explosifs_ (Paris, 1893); A. Ponteaux, _La Poudre sans fumée et les + poudres anciennes_ (Paris, 1893); F. Salvati, _Vocabolario di polveri + ed explosivi_ (Rome, 1893); C. Guttmann, _The Manufacture of + Explosives_ (London, 1895 and later); S.J. von Romocki, _Geschichte + der Sprengstoffchemie, der Sprengtechnik und des Torpedowesens bis zum + Beginn der neusten Zeit_ (Berlin, 1895); _Geschichte der + Explosivstoffe, die rauchschwachen Pulver_ (Berlin, 1896); P.G. + Sanford, _Nitro-explosives_ (London, 1896); L. Gody, _Traité théorique + et pratique des matières explosives_ (Namur, 1896); R. Wille, _Der + Plastomerite_ (Berlin, 1898); E. Sarrau, _Introduction à la théorie + des explosifs_ (1893); _Théorie des explosifs_ (1896); O. Guttmann, + _Manufacture of Explosives_ (London, 1895); E.M. Weaver, _Notes on + Military Explosives_ (New York, 1906); M. Eissler, _The Modern High + Explosives_ (New York, 1906); _Treatise on Service Explosives_, + published by order of the secretary of state for war (London, 1907). + Most of the literature on modern explosives, e.g. dynamite, &c., is to + be found in papers contributed to scientific journals and societies. + An index to those which have appeared in the _Journal of the Society + of Chemical Industry_ is to be found in the decennial index (1908) + compiled by F.W. Renant. + + +FOOTNOTE: + + [1] Not necessarily heat energy entirely. A number of + substances--acetylides and some nitrogen compounds, such as nitrogen + chloride--decompose with extreme violence, but _little heat_ is + produced. + + + + +EXPRESS (through the French from the past participle of the Lat. +_exprimere_, to press out, by transference used of representing objects +in painting or sculpture, or of thoughts, &c. in words), a word +signifying that which is clearly and definitely set forth or +represented, explicit, and thus used of a meaning, a law, a contract and +the like, being specially contrasted with "implied." Thus in law, +malice, for which there is actual evidence, as apart from that which may +be inferred from the acts of the person charged, is known as "express." +The word is most frequently used with the idea of something done with a +definite purpose; the term "express train," now meaning one that travels +at a high speed over long distances with few intermediate stoppages, +was, in the early days of railways, applied to what is now usually +called a "special," i.e. a train not running according to the ordinary +time-tables of the railway company, but for some specific purpose, or +engaged by a private person. About 1845 this term became used for a +train running to a particular place without stopping. Similarly in the +British postal service, express delivery is a special and immediate +delivery of a letter, parcel, &c., by an express messenger at a +particular increased rate. The system was adopted in 1891. + +In the United States of America, express companies for the rapid +transmission of parcels and luggage and light goods generally perform +the function of the post office or the railways in the United Kingdom +and the continent of Europe. Not only do they deliver goods, but by the +cash on delivery system (see CASH) the express companies act as agents +both for the purchaser and seller of goods. They also serve as a most +efficient agency for the transmission of money, the express money order +being much more easily convertible than the postal money orders, as the +latter can only be redeemed at offices in large and important towns. The +system dates back to 1839, when one William Frederick Harnden +(1813-1845), a conductor on the Boston and Worcester railway, undertook +on his own account the carrying of small parcels and the performance of +small commissions. Obliged to leave the company's service or abandon his +enterprise, he started an "express" service between Boston and New York, +carrying parcels, executing commissions and collecting drafts and bills. +Alvin Adams followed in 1840, also between Boston and New York. From +1840 to 1845 the system was adopted by many others between the more +important towns throughout the States. The attempt to carry letters +also was stopped by the government as interfering with the post office. +In 1854 began the amalgamation of many of the companies. Thus under the +name of the Adams Express Company the services started by Harnden and +Adams were consolidated. The lines connecting the west and east by +Albany, Buffalo and the lakes were consolidated in the American Express +Company, under the direction of William G. Fargo (q.v.), Henry Wells and +Johnston Livingston, while another company, Wells, Fargo & Co., operated +on the Pacific coast. The celebrated "Pony Express" was started in 1860 +between San Francisco and St Joseph, Missouri, the time scheduled being +eight days. The service was carried on by relays of horses, with +stations 25 m. apart. The charge made for the service was $2.50 per ½ +oz. The completion of the Pacific Telegraph Company line in 1861 was +followed by the discontinuance of the regular service. + +The name "express" is applied to a rifle having high velocity, flat +trajectory and long fixed-sight ranges; and an "express-bullet" is a +light bullet with a heavy charge of powder used in such a rifle (see +RIFLE). + + + + +EXPROPRIATION, the taking away or depriving of property (Late Lat. +_expropriare_, to take away, _proprium_, i.e. that which is one's own). +The term is particularly applied to the compulsory acquisition of +private property by the state or other public authority. + + + + +EXPULSION (Lat. _expulsio_, from _expellere_), the act of driving out, +or of removing a person from the membership of a body or the holding of +an office, or of depriving him of the right of attending a meeting, &c. +In the United Kingdom the House of Commons can by resolution expel a +member. Such resolution cannot be questioned by any court of law. But +expulsion is only resorted to in cases where members are guilty of +offences rendering them unfit for a seat in the House, such as being in +open rebellion, being guilty of forgery, perjury, fraud or breach of +trust, misappropriation of public money, corruption, conduct unbecoming +the character of an officer and a gentleman, &c. It is customary to +order the member, if absent, to attend in his place, before an order is +made for his expulsion (see May, _Parliamentary Practice_, 1906, p. 56 +seq.). Municipal corporations or other local government bodies have no +express power to expel a member, except in such cases where the law +declares the member to have vacated his seat, or where power is given by +statute to declare the member's seat vacant. In the cases of officers +and servants of the crown, tenure varies with the nature of the office. +Some officials hold their offices _ad vitam aut culpam or dum bene se +gesserunt_, others can be dismissed at any time and without reason +assigned and without compensation. In the case of membership of a +voluntary association (club, &c.) the right of expulsion depends upon +the rules, and must be exercised in good faith. Courts of justice have +jurisdiction to prevent the improper expulsion of the member of a +voluntary association where that member has a right of property in the +association. In the case of meetings, where the meeting is one of a +public body, any person not a member of the body is entitled to be +present only on sufferance, and may be expelled on a resolution of the +body. In the case of ordinary public meetings those who convene the +meeting stand in the position of licensors to those attending and may +revoke the licence and expel any person who creates disorder or makes +himself otherwise objectionable. + +_Expulsion of Aliens._--Under the Naturalization Act of 1870, the last +of the civil disqualifications affecting aliens in England was removed. +The political disqualifications which remained only applied to electoral +rights. In the very exceptional cases in which it was retained in the +statute book, expulsion was considered to have fallen into desuetude, +but it has been revived by the Aliens Act of 1905 (5 Edw. VII. c. 13). +Under this act powers are given to the secretary of state to make an +order requiring an alien to leave the United Kingdom within a time fixed +by the order and thereafter to remain outside the United Kingdom, +subject to certain conditions, provided it is certified to him that the +alien has been convicted of any felony or misdemeanour or other offence +for which the court has power to impose imprisonment without the option +of a fine, &c., or that he has been sentenced in a foreign country with +which there is an extradition treaty, for a crime not being an offence +of a political character. There are also provisions applicable within +one year, after the alien has entered the United Kingdom in the case of +pauper aliens. Precautions are taken to prevent, as far as possible, any +abuse of the power of expulsion. Under the French law of expulsion +(December 3, 1849) there are no such precautions, the minister of the +interior having an absolute discretion to order any foreigner as a +measure of public policy to leave French territory and in fact to have +him taken immediately to the frontier. + + + + +EXTENSION (Lat. _ex_, out; _tendere_, to stretch), in general, the +action of straining or stretching out. It is usually employed +metaphorically (cf. the phrase an "extension of time," a period allowed +in excess of what has been agreed upon). It is used as a technical term +in logic to describe the total number of objects to which a given term +may be applied; thus the meaning of the term "King" in "extension" means +the kings of England, Italy, Spain, &c. (cf. DENOTATION), while in +"intension" it means the attributes which taken together make up the +idea of kinghood (see CONNOTATION). In psychology the literal sense of +extension is retained, i.e. "spread-outness." The perception of space by +the senses of sight and touch, as opposed to semi-spatial perceptions by +smell and hearing, is that of "continuous expanse composed of positions +separated and connected by distances" (Stout); to this the term +"extension" is applied. The perception of separate objects involves +position and distance, but these taken together are not extension, which +necessarily implies continuity. To move one's finger along the keys of a +piano gives both the position and the distance of the keys; to move it +along the frame gives the idea of extension. By expanding this idea we +obtain the conception of all space as an extended whole. To this +perception are necessary both form and material. It should be observed +the actual quality of a stimulus (rough, smooth, dry, &c.) has nothing +to do with the spatial perception as such, which is concerned purely +with what is known as "local signature." The elementary undifferentiated +sensation excited by the stimuli exerted by a continuous whole is known +as its "extensive quantity" or "extensity." The term has to do not with +the kind of object which excites the sensation, but simply with the +vague massiveness of the latter. As such it is distinguishable in +thought from extension, though it is not easy to say whether and if so +how far the quantitative aspect of space can exist apart from spatial +order. Extensity as an element in the complex of extension must be +carefully distinguished from intensity. Mere increase of pressure +implies increase of intensity of sensation; to increase the extensity +the _area_, so to speak, of the exciting stimulus must be increased. +Thus the extensity (also called "voluminousness," or "massiveness") of +the sensation produced by a roll of thunder is greater than that +produced by a whistle or the bark of a dog. It should be observed that +this application of the idea of extensity to sensation in general, +rather than to the matter which is the exciting stimulus, is only an +analogy, an attempt to explain a common psychic phenomenon by +terminology which is intrinsically suitable to the physical. As a +natural consequence the term represents different shades of meaning in +different treatises, verging sometimes towards the physical, sometimes +towards the psychic, meaning. + +In connexion with extension elaborate psycho-physical experiments have +been devised,.e.g. with the object of comparing the accuracy of tactual +and visual perception and discovering what are the least differences +which each can observe. At a distance two lights appear as one, just as +two stars distinguishable through a telescope are one to the naked eye +(see VISION): again if the points of a compass are brought close +together and pressed lightly on the skin the sensation, though vague and +diffused, is a single one. + + See PSYCHOLOGY and works there quoted; also SPACE AND TIME. + + + + +EXTENUATING CIRCUMSTANCES. This expression is used in law with reference +to crimes, to describe cases in which, though an offence has been +committed without legal justification or excuse, its gravity, from the +point of view of punishment or moral opprobrium, is mitigated or reduced +by reason of the facts leading up to or attending the commission of the +offence. According to English procedure, the jury has no power to +determine the punishment to be awarded for an offence. The sentence, +with certain exceptions in capital cases, is within the sole discretion +of the judge, subject to the statutory prescriptions as to the kind and +maximum of punishment. It is common practice for juries to add to their +verdict, guilty or not guilty, a rider recommending the accused to mercy +on the ground of grave provocation received, or other circumstances +which in their view should mitigate the penalty. This form of rider is +often added on a verdict of guilty of wilful murder, a crime as to which +the judge has no discretion as to punishment, but the recommendation is +sent to the Home Office for consideration in advising as to exercise of +the prerogative of mercy. Quite independently of any recommendation by +the jury, the judge is entitled to take into account matters proved +during the trial, or laid before him after verdict, as a guide to him in +determining the quantum of punishment. + +Under the French law (_Code d'instruction criminelle_, art. 345), it is +the sole right and the duty of a jury in a criminal case to pronounce +whether or not the commission of the offence was attended by extenuating +circumstances (_circonstances atténuantes_). They are not bound to say +anything about the matter, but the whole or the majority may qualify the +verdict by finding extenuation, and if they do, the powers of the court +to impose the maximum punishment are taken away and the sentence to be +pronounced is reduced in accordance with the scale laid down in art. 463 +of the _Code pénal_. The most important result of this rule is to enable +a jury to prevent the infliction of capital punishment for murder. In +cases of what is termed "crime passionel," French juries, when they do +not acquit, almost invariably find extenuation; and a like verdict has +become common even in the case of cold-blooded and sordid murders, owing +to objections to capital punishment. + + + + +EXTERRITORIALITY, a term of international law, used to denominate +certain immunities from the application of the rule that every person is +subject for all acts done within the boundaries of a state to its local +laws. It is also employed to describe the quasi-extraterritorial +position, to borrow the phrase of Grotius, of the dwelling-place of an +accredited diplomatic agent, and of the public ships of one state while +in the waters of another. Latterly its sense has been extended to all +cases in which states refrain from enforcing their laws within their +territorial jurisdiction. The cases recognized by the law of nations +relate to: (1) the persons and belongings of foreign sovereigns, whether +incognito or not; (2) the persons and belongings of ambassadors, +ministers plenipotentiary, and other accredited diplomatic agents and +their suites (but not consuls, except in some non-Christian countries, +in which they sometimes have a diplomatic character); (3) public ships +in foreign waters. Exterritoriality has also been granted by treaty to +the subjects and citizens of contracting Christian states resident +within the territory of certain non-Christian states. Lastly, it is held +that when armies or regiments are allowed by a foreign state to cross +its territory, they necessarily have exterritorial rights. "The ground +upon which the immunity of sovereign rulers from process in our courts," +said Mr Justice Wills in the case of _Mighell_ v. _Sultan of Johore_, +1804, "is recognized by our law, is that it would be absolutely +inconsistent with the status of an independent sovereign that he should +be subject to the process of a foreign tribunal," unless he deliberately +submits to its jurisdiction. It has, however, been held where the +foreign sovereign was also a British subject (_Duke of Brunswick_ v. +_King of Hanover_, 1844), that he is amenable to the jurisdiction of the +English Courts in respect of transactions done by him in his capacity as +a subject. A "foreign sovereign" may be taken to include the president +of a republic, and even a potentate whose independence is not complete. +Thus in the case, cited above, of _Mighell_ v. _Sultan of Johore_, the +sultan was ascertained to have abandoned all right to contract with +foreign states, and to have placed his territory under British +protection. The court held that he was, nevertheless, a foreign +sovereign in so far as immunity from British jurisdiction was concerned. +The immunity of a foreign diplomatic agent, as the direct representative +of a foreign sovereign (or state), is based on the same grounds as that +of the sovereign authority itself. The international practice in the +case of Great Britain was confirmed by an act of parliament of the reign +of Queen Anne, which is still in force. The preamble to this act states +that "turbulent and disorderly persons in a most outrageous manner had +insulted the person of the then ambassador of his Czarish Majesty, +emperor of Great Russia," by arresting and detaining him in custody for +several hours, "in contempt to the protection granted by Her Majesty, +contrary to the law of nations, and in prejudice of the rights and +privileges which ambassadors and other public ministers, authorized and +received as such, have at all times been thereby possessed of, and ought +to be kept sacred and inviolable." This preamble has been repeatedly +held by our courts to be declaratory of the English common law. The act +provides that all suits, writs, processes, against any accredited +ambassador or public minister or his domestic servant, and all +proceedings and judgments had thereupon, are "utterly null and void," +and that any person violating these provisions shall be punished for a +breach of the public peace. Thus a foreign diplomatic agent cannot, like +the sovereign he represents, waive his immunity by submitting to the +British jurisdiction. The diplomatic immunity necessarily covers the +residence of the diplomatic agent, which some writers describe as +assimilated to territory of the state represented by the agent; but +there is no consideration which can justify any extension of the +immunity beyond the needs of the diplomatic mission resident within it. +It is different with public ships in foreign waters. In their case the +exterritoriality attaches to the vessel. Beyond its bulwarks captain and +crew are subject to the ordinary jurisdiction of the state upon whose +territory they happen to be. By a foreign public ship is now understood +any ship in the service of a foreign state. It was even held in the case +of the "Parlement Belge" (1880), a packet belonging to the Belgian +government, that the character of the vessel as a public ship was not +affected by its carrying passengers and merchandise for hire. In a more +recent case an action brought by the owners of a Greek vessel against a +vessel belonging to the state of Rumania was dismissed, though the +agents of the Rumanian government had entered an appearance +unconditionally and had obtained the release of the vessel on bail, on +the ground that the Rumanian government had not authorized acceptance of +the British jurisdiction (The "Jassy," 1906, 75 L.J.P. 93). + +Writers frequently describe the exterritoriality of both embassies and +ships as absolute. There is, however, this difference, that the +exterritoriality of the latter not being, like that of embassies, a +derived one, there seems to be no ground for limitation of it. It was, +nevertheless, laid down by the arbitrators in the "Alabama" case +(Cockburn dissenting), that the privilege of exterritoriality accorded +to vessels had not been admitted into the law of nations as an absolute +right, but solely as a proceeding founded on the principle of courtesy +and mutual deference between different nations, and that it could +therefore "never be appealed to for the protection of acts done in +violation of neutrality." + +The exterritorial settlements in the Far East, the privileges of +Christians under the arrangements made with the Ottoman Porte, and other +exceptions from local jurisdictions, are subject to the conditions laid +down in the treaties by which they have been created. There are also +cases in which British communities have grown up in barbarous countries +without the consent of any local authority. All these are regulated by +orders in council, issued now in virtue of the Foreign Jurisdiction Act +1890, an act enabling the crown to exercise any jurisdiction it may have +"within a foreign country" in as ample a manner as if it had been +acquired "by cession or conquest of territory." A very exceptional case +of exterritoriality is that granted to the pope under a special Italian +enactment. (T. Ba.) + + + + +EXTORTION (Lat. _extorsio_, from _extorquere_, to twist out, to take +away by force), in English law the term applied to the exaction by +public officers of money or money's worth not due at all, or in excess +of what is due, or before it is due. Such exaction, unless made in good +faith (i.e. in honest mistake as to the sum properly payable), is a +misdemeanour by the common law and is punishable by fine and (or) +imprisonment. Besides the punishment above stated, an action for twice +the value of the thing extorted lies against officers of the king (1275, +3 Edw. I. c. 26). There are numerous provisions for the punishment of +particular officers who make illegal exactions or take illegal fees: +e.g. sheriffs and their officers (Sheriffs Act 1887), county court +bailiffs (County Courts Act 1888), clerks of courts of justice, and +gaolers who exact fees from prisoners. A gaoler is also punishable for +detaining the corpse of a prisoner as security for debt. The term +"public officer" is not limited to offices under the crown; and there +are old precedents of criminal proceedings for extortion against +churchwardens, and against millers and ferrymen who demand tolls in +excess of what is customary under their franchise. + +The term extortion is also applied to the exaction of money or money's +worth by menaces of personal violence or by threats to accuse of crime +or to publish defamatory matter about another person. These offences +fall partly under the head of robbery and partly under blackmail, or +what in French is termed _chantage_. + + See _Russell on Crimes_ (6th ed., vol. i. p. 423; vol. iii. p. 348). + + + + +EXTRACT (from Lat. _extrahere_, to draw out), in pharmacy, the name +given to preparations formed by evaporating or concentrating solutions +of active principles; _tinctures_ are solutions which have not been +subjected to any evaporation. "Liquid extracts" are those of a syrupy +consistency, and are generally prepared by treating the drug with the +solvent (water, alcohol, &c.) and concentrating the solution until it +attains the desired consistency. "Ordinary extracts" are thick, +tenacious and sometimes even dry preparations; they are obtained by +evaporating solutions as obtained above, or the juices expressed from +the plants. + +Extraction, in chemical technology, is a process for separating one +substance from another by taking advantage of the varying solubility of +the components in some chosen solvent. The term "lixiviation" is used +when water is the solvent. In laboratory practice all the common +solvents are employed. With small quantities it may suffice to shake the +substance with the solvent, the mixture being heated if necessary, +filter and distil or otherwise remove the solvent from the distillate. +For larger quantities continuous extraction is advisable. This may be +carried out in many forms of apparatus; one of the most convenient is +the Soxhlet extractor, in which the extract siphons into the flask +containing the solvent, and so maintains the quantity of available +solvent practically constant. Continuous extraction is generally the +practice in technology. One of the most important applications is in the +fat and gelatine industries. + + + + +EXTRADITION (Lat. _ex_, out, and _traditio_, handing over), the +surrender of an alleged criminal for trial by a foreign state where he +has taken refuge, to the state against which the alleged offence has +been committed. When a person who has committed an offence in one +country escapes to another, what is the duty of the latter with regard +to him? Should the country of refuge try him in its own courts according +to its own laws, or deliver him up to the country whose laws he has +broken? To the general question international law gives no certain +answer. Some jurists, Grotius among them, incline to hold that a state +is bound to give up fugitive criminals, but the majority appear to deny +the obligation as a matter of right, and prefer to put it on the ground +of comity. And the universal practice of nations is to surrender +criminals only in consequence of some special treaty with the country +which demands them. + +There are two practical difficulties about extradition which have +probably prevented the growth of any uniform rule on the subject. One is +the variation in the definitions of crime adopted by different +countries. The second is the possibility of the process of extradition +being employed to get hold of a person who is wanted by his country, not +really for a criminal, but for a political offence. In modern states, +and more particularly in England, offences of a political character have +always been carefully excluded from the operation of the law of +extradition. + +1. UNITED KINGDOM.--The Extradition Acts 1870-1873 (33 & 34 Vict. cc. +62, and 36 & 37 Vict. c. 60) and the Fugitive Offenders Act 1881 (44 & +45 Vict. c. 69) deal with different branches of the same subject, the +recovery and surrender of fugitive criminals. The Extradition Acts apply +in the case of countries with which Great Britain has extradition +treaties. The Fugitive Offenders Act applies--(1) as between the United +Kingdom and any British possession, (2) as between any two British +possessions, and (3) as between the United Kingdom or a British +possession and certain foreign countries, such as Turkey and China, in +which the crown exercises foreign jurisdiction. + +_Conditions of Surrender._--In spite of some earlier authorities it has +long been settled that in English law there is no power to surrender +fugitive criminals to a foreign country without express statutory +authority. Such authority is now given by the Extradition Acts +1870-1873, but only in the case of the offences therein specified, and +with regard to countries with which an arrangement has been entered +into, and to which the acts have been applied by order in council. The +acts are further to be applied, subject to such "conditions, exceptions +and qualifications as may be deemed expedient" (s. 2); and these +conditions, &c., are invariably to be found in the extradition treaty +which is set out in the order in council applying the Extradition Acts +to a particular country. To support a demand for extradition from Great +Britain it is therefore necessary to show that the offence is one of +those enumerated in the Extradition Acts, and also in the particular +treaty, and that the acts charged amount to the offence according to the +laws both of Great Britain and of the state demanding the surrender. + +_Surrender of Subjects._--A further question arises where a state is +called on to surrender one of its own subjects. Some of the treaties, +such as those with France and Germany, stipulate that neither +contracting party shall surrender its own subjects, and in such cases a +British subject cannot be surrendered by his own country. The treaties +with Spain, Switzerland and Luxemburg provide for the surrender by Great +Britain of her own subjects, but there is no reciprocity. Other +treaties, such as those with Austria, Belgium, Russia and the +Netherlands, give each party the option of surrendering or refusing to +surrender its own subjects in each particular case. Under such treaties +British subjects are surrendered unless the secretary of state +intervenes to forbid it. Lastly, some treaties, such as that with the +United States, contain no restriction of this kind, and the subjects of +each power are freely surrendered to the other. Surrender by Great +Britain is also subject to the following restrictions contained in s. 3 +of the Extradition Act 1870:--(1) that the offence is not of a political +character, and the requisition has not been made with a view to try and +punish for an offence of a political character; (2) that the prisoner +shall not be liable to be tried for any but the specified extradition +offences; (3) that he shall not be surrendered until he has been tried +and served his sentence for offences committed in Great Britain; and (4) +that he shall not be actually given up until fifteen days after his +committal for extradition, so as to allow of an application to the +courts. + +_Political Offences._--The question as to what constitutes a political +offence is one of some nicety. It was discussed in _In re Castioni_ +(1890, 1 Q.B. 149), where it was held, following the opinion of Mr +Justice Stephen in his _History of the Criminal Law_, that to give an +offence a political character it must be "incidental to and form part of +political disturbances." Extradition was accordingly refused for +homicide committed in the course of an armed rising against the +constituted authorities. In the more recent case of _In re Meunier_ +(1894, 2 Q.B. 415), an Anarchist was charged with causing two explosions +in Paris--one at the Café Véry resulting in the death of two persons, +and the other at certain barracks. It was not contended that the outrage +at the cafe was a political crime, but it was argued that the explosion +at the barracks came within the description. The court, however, held +that to constitute a political offence there must be two or more parties +in the state, each seeking to impose a government of its own choice on +the other, which was not the case with regard to Anarchist crimes. The +party of anarchy was the enemy of all governments, and its effects were +directed primarily against the general body of citizens. The test +applied in the earlier case is perhaps the more satisfactory of the two. + +With regard to the provision that surrender shall not be granted if the +requisition has in fact been made with a view to try and punish for an +offence of a political character, it, was decided in the case of _Arton_ +(1896, 1 Q.B. 108) that a mere suggestion, that after his surrender for +a non-political crime, the prisoner would be interrogated on political +matters (his alleged complicity in the Panama scandal), and punished for +his refusal to answer, was not enough to bring him within the provision. +The court also held that it had no jurisdiction to entertain a +suggestion that the request of the French government for his extradition +was not made in good faith and in the interests of justice. + +_Extradition Offences._--The following is a list of crimes in respect of +which extradition may be provided for under the Extradition Acts +1870-1873, and the Slave Trade Act 1873. _Extradition Act_ 1870:--(1) +Murder; (2) Attempt to murder; (3) Conspiracy to murder; (4) +Manslaughter; (5) Counterfeiting and altering money, uttering +counterfeit or altered money; (6) Forgery, counterfeiting, and altering +and uttering what is forged or counterfeited or altered; (7) +Embezzlement and larceny; (8) Obtaining money or goods by false +pretences; (9) Crimes by bankrupts against bankruptcy law; (10) Fraud by +a bailee, banker, agent, factor, trustee or director, or member or +public officer of any company made criminal by any law for the time +being in force; (11) Rape; (12) Abduction; (13) Child-stealing; (14) +Burglary and housebreaking; (15) Arson; (16) Robbery with violence; (17) +Threats by letter or otherwise with intent to extort; (18) Crimes +committed at sea: (a) Piracy by the law of nations; (b) Sinking or +destroying a vessel at sea, or attempting or conspiring to do so; (c) +Assault on a ship on the high seas, with intent to destroy life or to do +grievous bodily harm; (d) Revolt, or conspiring to revolt, by two or +more persons on board a ship on the high seas against the authority of +the master; (19) Bribery. _Extradition Act_ 1873:-(20) Kidnapping and +false imprisonment; (21) Perjury and subornation of perjury. This act +also extends to indictable offences under 24 & 25 Vict. cc. 96, 97, 98, +99, 100, and amending and substituted acts. Among such offences included +in various extradition treaties are the following:--(22) Obtaining +valuable securities by false pretences; (23) Receiving any money, +valuable security or other property, knowing the same to have been +stolen or unlawfully obtained; (24) Falsification of accounts (see _In +re Arton_, 1896, 1 Q.B. 509); (25) Malicious injury to property, if such +offence be indictable;. (26) Knowingly making, without lawful authority, +any instrument, tool or engine adapted and intended for the +counterfeiting of coin of the realm; (27) Abandoning children; exposing +or unlawfully detaining them; (28) Any malicious act done with intent to +endanger the safety of any person in a railway train; (29) Wounding or +inflicting grievous bodily harm; (30) Assault occasioning actual bodily +harm; (31) Assaulting a magistrate or peace or public officer; (32) +Indecent assault; (33) Unlawful carnal knowledge, or any attempt to have +unlawful carnal knowledge, of a girl under age; (34) Bigamy; (35) +Administering drugs or using instruments with intent to procure the +miscarriage of women; (36) Any indictable offence under the laws for the +time being in force in relation to bankruptcy. _Slave Trade Act_ 1873 +(36 & 37 Vict. c. 88, s. 27):--(37) Dealing in slaves in such manner as +to constitute a criminal offence against the laws of both states. + +The United Kingdom has extradition treaties with practically all +civilized foreign countries; and though it is not practicable to state +which of the statutory extradition offences are included in each, it may +be said generally that crimes 1 to 17 inclusive are covered in all, +though Rumania has reserved the right to refuse, and Portugal does +refuse, to surrender for a crime punishable with death. + +The act of 1873 provides for the surrender of accessories before and +after the fact to extradition crimes, and most of the treaties contain a +clause by which extradition is to be granted for participation in any of +the crimes specified in the treaty, provided that such participation is +punishable by the laws of both countries. Several of the treaties also +contain clauses, providing for optional surrender in respect of any +crime not expressly mentioned for which extradition can be granted by +the laws of both countries. + +It is further to be noted that the restrictions on surrender in the +Extradition Acts apply only to surrenders by Great Britain. Foreign +countries may surrender fugitives to Great Britain without any treaty, +if they are willing to do so and their law allows of it, and such +surrenders have not infrequently been made. But when surrendered for an +extradition crime, the prisoner cannot be tried in England for any other +crime committed before such surrender, until he has been restored, or +has had an opportunity of returning, to the foreign state from which he +was extradited. + +_Procedure._--To obtain from a foreign country the extradition of a +fugitive from the United Kingdom, it is necessary to procure a warrant +for his arrest, and to send it, or a certified copy, to the home +secretary together with such further evidence as is required by the +treaty with the country in question. In most, cases an information or +deposition containing evidence which would justify a committal for trial +in Great Britain will be required. The home secretary will then +communicate through the foreign secretary and the proper diplomatic +channels with the foreign authorities, and in case of urgency will ask +them by telegraph for a provisional arrest. For the arrest in the United +Kingdom of fugitive criminals whose extradition is requested by a +foreign state, two procedures are provided in ss. 7 and 8 of the act of +1870:--(1) On a diplomatic requisition supported by the warrant of +arrest and documentary evidence, the home secretary, if he thinks the +crime is not of a political character, will order the chief magistrate +at Bow Street to proceed; and such magistrate will then issue a warrant +of arrest on such evidence as would be required if the offence had been +committed in the United Kingdom. (2) More summarily, any magistrate or +justice of the peace may issue a provisional warrant of arrest on +evidence which would support such a warrant if the crime had been +committed within his jurisdiction. In practice a sworn information is +required, but this may be based on a telegram from the foreign +authorities. The magistrate or justice must then report the issue of the +warrant to the home secretary, who may cancel it and discharge the +prisoner. When arrested on the provisional warrant, the prisoner will be +brought up before a magistrate and remanded to Bow Street, and will then +be further remanded until the magistrate at Bow Street is notified that +a formal requisition for surrender has been made; and unless such +requisition is made in reasonable time the prisoner is entitled to be +discharged. The examination of the prisoner prior to his committal for +extradition ordinarily takes place at Bow Street. The magistrate is +required to hear evidence that the alleged offence is of a political +character or is not an extradition crime. If satisfied in these +respects, and if the foreign warrant of arrest is duly authenticated, +and evidence is given which according to English law would justify a +committal for trial, if the prisoner has not yet been tried, or would +prove a conviction if he has already been convicted, the magistrate will +commit him for extradition. Under the Extradition Act, 1895 the home +secretary, if of opinion that removal to Bow Street would be dangerous +to the prisoner's life, or prejudicial to his health, may order the case +to be taken by a magistrate at the place where the prisoner was +apprehended, or then is, and the magistrate may order the prisoner to +be detained in such place. After committal for extradition, every +prisoner has fifteen days in which to apply for _habeas corpus_, and +after such period, or at the close of the _habeas corpus_ proceedings if +they are unsuccessful, the home secretary issues his warrant for +surrender, and the prisoner is handed over to the officers of the +foreign government. + +The Extradition Acts apply to the British colonies, the governor being +substituted for the secretary of state. Their operation may, however, be +suspended by order in council, as in the case of Canada, where the +colony has passed an Extradition Act of its own (see Statutory Rules and +Orders). + +_Fugitive Offenders Act._--There are no extradition treaties with +certain countries in which the crown exercises foreign jurisdiction, +such as Cyprus, Turkey, Egypt, China, Japan, Corea, Zanzibar, Morocco, +Siam, Persia, Somali, &c. In these countries the Fugitive Offenders Act +1881 (44 & 45 Vict. c. 69) has been applied, pursuant to s. 36 of that +statute, and the measures for obtaining surrender of a fugitive criminal +are the same as in a British colony. The act, however, only applies to +persons over whom the crown has jurisdiction in these territories, and +generally is expressly restricted to British subjects. + +Under this act a fugitive from one part of the king's dominions to +another, or to a country where the crown exercises foreign jurisdiction, +may be brought back by a procedure analogous to extradition, but +applicable only to treason, piracy and offences punishable with twelve +months' imprisonment with hard labour or more. The original warrant of +arrest must be endorsed by one of several authorities where the +offenders happen to be,--in practice by the home secretary in the United +Kingdom and by the governor in a colony. Pending the arrival of the +original warrant a provisional arrest may be made, as under the +Extradition Acts. The fugitive must then be brought up for examination +before a local magistrate, who, if the endorsed warrant is duly +authenticated, and evidence is produced "which, according to the law +administered by the magistrate, raises a strong or probable presumption +that the offender committed the offence, and that the act applies to +it," may commit him for return. An interval of fifteen days is allowed +for _habeas corpus_ proceedings, and (s. 10) the court has a large +discretion to discharge the prisoner, or impose terms, if it thinks the +case frivolous, or that the return would be unjust or oppressive, or too +severe a punishment. The next step is for the home secretary in the +United Kingdom, and the governor in a colony, to issue a warrant for the +return of the prisoner. He must be removed within a month, in the +absence of reasonable cause to the contrary. If not prosecuted within +six months after arrival, or if acquitted, he is entitled to be sent +back free of cost. + +In the case of fugitive offenders from one part of the United Kingdom to +another, it is enough to get the warrant of arrest backed by a +magistrate having jurisdiction in that part of the United Kingdom where +the offender happens to be. A warrant issued by a metropolitan police +magistrate may be executed, without backing, by a metropolitan police +officer anywhere, and there are certain other exceptions, but as a rule +a warrant cannot be executed without being backed by a local magistrate. + (J. E. P. W.) + +2. UNITED STATES.--Foreign extradition is purely an affair of the United +States, and not for the individual states themselves. Upon a demand upon +the United States for extradition, there is a preliminary examination +before a commissioner or judge before there can be a surrender to the +foreign government (Revised Statutes, Title LXVI.; 22 Statutes at Large, +215). It is enough to show probable guilt (_Ornelas_ v. _Ruiz_, 161 +United States Reports, 502). An extradition treaty covers crimes +previously committed. If a Power, with which the United States have such +a treaty, surrenders a fugitive charged with a crime not included in the +treaty, he may be tried in the United States for such crime. Inter-state +extradition is regulated by act of Congress under the Constitution of +the United States (Article IV. s. 2; United States Revised Statutes, s. +5278). A surrender may be demanded of one properly charged with an act +which constitutes a crime under the laws of the demanding state, +although it be no crime in the other state. A party improperly +surrendered may be released by writ of _habeas corpus_, either from a +state or United States court (_Robb_ v. _Conolly_, 111 U.S. Reports, +624). On his return to the state from which he fled, he is subject to +prosecution for any crime, though on a foreign extradition the law is +otherwise (_Lascelles_ v. _Georgia_, 148 U.S. Reports, 537). + (S. E. B.). + + See Sir E. Clarke, _Treatise upon the Law of Extradition_ (4th ed., + 1904); Biron and Chalmers, _Law and Practice of Extradition_ (1903). + + + + +EXTRADOS (_extra_, outside, Fr. _dos_, back), the architectural term for +the outer boundary of the voussoirs of an arch (q.v.). + + + + +EXTREME UNCTION, a sacrament of the Roman Catholic Church. In James v. +14 it is ordained that, if any believer is sick, he shall call for the +elders of the church; and they shall pray over him, anointing him with +oil in the name of the Lord; and the prayer of faith shall save him that +is sick, and the Lord shall raise him up; and if he have committed sins, +it shall be forgiven him. + +Origen reprobated medical art on the ground that the prescription here +cited is enough; modern faith-healers and Peculiar People have followed +in his wake. The Catholic Church has more wisely left physicians in +possession, and elevated the anointing of the sick into a sacrament to +be used only in cases of mortal sickness, and even then not to the +exclusion of the healing art. + +It has been general since the 9th century. The council of Florence A.D. +1439 thus defined it:-- + + "The fifth sacrament is extreme unction. Its matter is olive oil, + blessed by a bishop. It shall not be given except to a sick person + whose death is apprehended. He shall be anointed in the following + places: the eyes, ears, nostrils, mouth, hands, feet, reins. The form + of the sacrament, is this: Through this anointing of thee and through + its most pious mercy, be forgiven all thy sins of sight, &c. ... and + so in respect of the other organs. A priest can administer this + sacrament. But its effect is to make whole the mind, and, so far as it + is expedient, the body as well." + +This sacrament supplements that of penance (viz. remission of +post-baptismal sin) in the sense that any guilt unconfessed or left over +after normal penances imposed by confessors is purged thereby. It was +discussed in the 12th century whether this sacrament is indelible like +baptism, or whether it can be repeated; and the latter view, that of +Peter Lombard, prevailed. + +It was a popular opinion in the middle ages that extreme unction +extinguishes all ties and links with this world, so that he who has +received it must, if he recovers, renounce the eating of flesh and +matrimonial relations. A few peasants of Lombardy still believe that one +who has received extreme unction ought to be left to die, and that sick +people may be starved to death through the withholding of food on +superstitious grounds. Such opinions, combated by bishops and councils, +were due to the influence of the _consolamentum_ of the Cathars (q.v.). +In both sacraments the death-bed baptism of an earlier age seems to +survive, and they both fulfil a deep-seated need of the human spirit. + +Some Gnostics sprinkled the heads of the dying with oil and water to +render them invisible to the powers of darkness; but in the East +generally, where the need to compete with the Cathar sacrament of +_Consolatio_ was less acutely felt, extreme unction is unknown. The +Latinizing Armenians adopted it from Rome in the crusading epoch. At an +earlier date, however, it was usual to anoint the dead. + +In the Roman Church the bishop blesses the oil of the sick used in +extreme unctions on Holy Thursday at the Chrismal Mass,[1] using the +following prayer of the sacramentaries of Gelasius and Hadrian:-- + + "Send forth, we pray Thee, O Lord, Thy holy spirit, the Paraclete from + Heaven, into this fatness of oil, which Thou hast deigned to produce + from the green wood for refreshment of mind and body; and through Thy + holy benediction may it be for all that anoint, taste, touch, a + protection of mind and body, of soul and spirit, unto the easing away + of all pain, all weakness, all sickness of mind and body; wherefore + Thou hast anointed priest, kings and prophets and martyrs with thy + chrism, perfected by Thee, O Lord, blessed and abiding in our bowels + in the name of our Lord Jesus Christ." + + See L. Duchesne, _Origines du Culte Chrétien_ (Paris, 1898). + (F. C. C.) + + +FOOTNOTE: + + [1] The oil left over from the year before is burnt. + + + + +EYBESCHÜTZ, JONATHAN (1690-1764), German rabbi, was from 1750 rabbi in +Altona. He was a man of erudition, but he owed his fame chiefly to his +personality. Few men of the period so profoundly impressed their mark on +Jewish life. He became specially notorious because of a curious +controversy that arose concerning the amulets which Eybeschütz was +suspected of issuing. These amulets recognized the Messianic claims of +Sabbatai Sebi (q.v.), and a famous rabbinic contemporary of Eybeschütz, +Jacob Emden, boldly accused him of heresy. The controversy was a +momentous incident in the Jewish life of the period, and though there is +insufficient evidence against Eybeschütz, Emden may be credited with +having crushed the lingering belief in Sabbatai current even in some +orthodox circles. (I. A.) + + + + +EYCK, VAN, the name of a family of Flemish painters in whose works the +rise and mature development of art in western Flanders are represented. +Though bred in the valley of the Meuse, they finally established their +professional domicile in Ghent and in Bruges; and there, by skill and +inventive genius, they changed the traditional habits of the earlier +schools, remodelled the primitive forms of Flemish design, and +introduced a complete revolution into the technical methods of execution +familiar to their countrymen. + +1. HUBERT (Huybrecht) VAN EYCK (? 1366-1426) was the oldest and most +remarkable of this race of artists. The date of his birth and the +records of his progress are lost amidst the ruins of the earlier +civilization of the valley of the Meuse. He was born about 1366, at +Maeseyck, under the shelter or protection of a Benedictine convent, in +which art and letters had been cultivated from the beginning of the 8th +century. But after a long series of wars--when the country became +insecure, and the schools which had flourished in the towns decayed--he +wandered to Flanders, and there for the first time gained a name. As +court painter to the hereditary prince of Burgundy, and as client to one +of the richest of the Ghent patricians, Hubert is celebrated. Here, in +middle age, between 1410 and 1420, he signalized himself as the inventor +of a new method of painting. Here he lived in the pay of Philip of +Charolais till 1421. Here he painted pictures for the corporation, whose +chief magistrates honoured him with a state visit in 1424. His principal +masterpiece, the "Worship of the Lamb," commissioned by Jodocus Vijdts, +lord of Pamele, is the noblest creation of the Flemish school, a piece +of which we possess all the parts dispersed from St Bavon in Ghent to +the galleries of Brussels and Berlin,--one upon which Hubert laboured +till he died, leaving it to be completed by his brother. Almost unique +as an illustration of contemporary feeling for Christian art, this great +composition can only be matched by the "Fount of Salvation," in the +museum of Madrid. It represents, on numerous panels, Christ on the +judgment seat, with the Virgin and St John the Baptist at His sides, +hearing the songs of the angels, and contemplated by Adam and Eve, and, +beneath him, the Lamb shedding His blood in the presence of angels, +apostles, prophets, martyrs, knights and hermits. On the outer sides of +the panels are the Virgin and the angel annunciate, the sibyls and +prophets who foretold the coming of the Lord, and the donors in prayer +at the feet of the Baptist and Evangelist. After this great work was +finished it was placed, in 1432, on an altar in St Bavon of Ghent, with +an inscription on the framework describing Hubert as "maior quo nemo +repertus," and setting forth, in colours as imperishable as the picture +itself, that Hubert began and John afterwards brought it to perfection. +John van Eyck certainly wished to guard against an error which +ill-informed posterity showed itself but too prone to foster, the error +that he alone had composed and carried out an altarpiece executed +jointly by Hubert and himself. His contemporaries may be credited with +full knowledge of the truth in this respect, and the facts were equally +well known to the duke of Burgundy or the chiefs of the corporation of +Bruges, who visited the painter's house in state in 1432, and the +members of the chamber of rhetoric at Ghent, who reproduced the Agnus +Dei as a _tableau vivant_ in 1456. Yet a later generation of Flemings +forgot the claims of Hubert, and gave the honours that were his due to +his brother John exclusively. + +The solemn grandeur of church art in the 15th century never found, out +of Italy, a nobler exponent than Hubert van Eyck. His representation of +Christ as the judge, between the Virgin and St John, affords a fine +display of realistic truth, combined with pure drawing and gorgeous +colour, and a happy union of earnestness and simplicity with the deepest +religious feeling. In contrast with earlier productions of the Flemish +school, it shows a singular depth of tone and great richness of detail. +Finished with surprising skill, it is executed with the new oil medium, +of which Hubert shared the invention with his brother, but of which no +rival artists at the time possessed the secret,--a medium which consists +of subtle mixtures of oil and varnish applied to the moistening of +pigments after a fashion, only kept secret for a time from gildsmen of +neighbouring cities, but unrevealed to the Italians till near the close +of the 15th century. When Hubert died on the 18th of September 1426 he +was buried in the chapel on the altar of which his masterpiece was +placed. According to a tradition as old as the 16th century, his arm was +preserved as a relic in a casket above the portal of St Bavon of Ghent. +During a life of much apparent activity and surprising successes he +taught the elements of his art to his brother John, who survived him. + +2. JOHN (Jan) VAN EYCK (? 1385-1440). The date of his birth is not more +accurately known than that of his elder brother, but he was born much +later than Hubert, who took charge of him and made him his "disciple." +Under this tuition John learnt to draw and paint, and mastered the +properties of colours from Pliny. Later on, Hubert admitted him into +partnership, and both were made court painters to Philip of Charolais. +After the breaking up of the prince's household in 1421, John became his +own master, left the workshop of Hubert, and took an engagement as +painter to John of Bavaria, at that time resident at the Hague as count +of Holland. From the Hague he returned in 1424 to take service with +Philip, now duke of Burgundy, at a salary of 100 livres per annum, and +from that time till his death John van Eyck remained the faithful +servant of his prince, who never treated him otherwise than graciously. +He was frequently employed in missions of trust; and following the +fortunes of a chief who was always in the saddle, he appears for a time +to have been in ceaseless motion, receiving extra pay for secret +services at Leiden, drawing his salary at Bruges, yet settled in a fixed +abode at Lille. In 1428 he joined the embassy sent by Philip the Good to +Lisbon to beg the hand of Isabella of Portugal. His portrait of the +bride fixed the duke's choice. After his return he settled finally at +Bruges, where he married, and his wife bore him a daughter, known in +after years as a nun in the convent of Maeseyck. At the christening of +this child the duke was sponsor, and this was but one, of many +distinctions by which Philip the Good rewarded his painter's merits. +Numerous altarpieces and portraits now give proof of van Eyck's +extensive practice. As finished works of art and models of conscientious +labour they are all worthy of the name they bear, though not of equal +excellence, none being better than those which were completed about +1432. Of an earlier period, a "Consecration of Thomas à Becket" has been +preserved, and may now be seen at Chatsworth, bearing the date of 1421; +no doubt this picture would give a fair representation of van Eyck's +talents at the moment when he started as an independent master, but that +time and accidents of omission and commission have altered its state to +such an extent that no conclusive opinion can be formed respecting it. +The panels of the "Worship of the Lamb" were completed nine years later. +They show that John van Eyck was quite able to work in the spirit of his +brother. He had not only the lines of Hubert's compositions to guide +him, he had also those parts to look at and to study which Hubert had +finished. He continued the work with almost as much vigour as his +master. His own experience had been increased by travel, and he had seen +the finest varieties of landscape in Portugal and the Spanish provinces. +This enabled him to transfer to his pictures the charming scenery of +lands more sunny than those of Flanders, and this he did with accuracy +and not without poetic feeling. We may ascribe much of the success which +attended his efforts to complete the altarpiece of Ghent to the +cleverness with which he [reproduced the varied aspect of changing +scenery, reminiscent here of the orange groves of Cintra, there of the +bluffs and crags of his native valley. In all these backgrounds, though +we miss the scientific rules of perspective with which the van Eycks +were not familiar, we find such delicate perceptions of gradations in +tone, such atmosphere, yet such minuteness and perfection of finish, +that our admiration never flags. Nor is the colour less brilliant or the +touch less firm than in Hubert's panels. John only differs from his +brother in being less masculine and less sternly religious. He excels in +two splendid likenesses of Jodocus Vijdts and his wife Catherine +Burluuts. The same vigorous style and coloured key of harmony +characterizes the small "Virgin and Child" of 1432 at Ince, and the +"Madonna," probably of the same date, at the Louvre, executed for +Rollin, chancellor of Burgundy. Contemporary with these, the male +portraits in the National Gallery, and the "Man with the Pinks," in the +Berlin Museum (1432-1434), show no relaxation of power; but later +creations display no further progress, unless we accept as progress a +more searching delicacy of finish, counterbalanced by an excessive +softness of rounding in flesh contours. An unfaltering minuteness of +hand and great tenderness of treatment may be found, combined with +angularity of drapery and some awkwardness of attitude in the full +length portrait couple (John Arnolfini and his wife) at the National +Gallery (1434), in which a rare insight into the detail of animal nature +is revealed in a study of a terrier dog. A "Madonna with Saints," at +Dresden, equally soft and minute, charms us by the mastery with which an +architectural background is put in. The bold and energetic striving of +earlier days, the strong bright tone, are not equalled by the soft +blending and tender tints of the later ones. Sometimes a crude ruddiness +in flesh strikes us as a growing defect, an instance of which is the +picture in the museum of Bruges, in which Canon van der Paelen is +represented kneeling before the Virgin under the protection of St George +(1434). From first to last van Eyck retains his ability in portraiture. +Fine specimens are the two male likenesses in the gallery of Vienna +(1436), and a female, the master's wife, in the gallery of Bruges +(1439). His death in 1440/41 at Bruges is authentically recorded. He was +buried in St Donat. Like many great artists he formed but few pupils. +Hubert's disciple, Jodocus of Ghent, hardly does honour to his master's +teaching, and only acquires importance after he has thrown off some of +the peculiarities of Flemish teaching. Petrus Cristus, who was taught by +John, remains immeasurably behind him in everything that relates to art. +But if the personal influence of the van Eycks was small, that of their +works was immense, and it is not too much to say that their example, +taken in conjunction with that of van der Weyden, determined the current +and practice of painting throughout the whole of Europe north of the +Alps for nearly a century. + + See also Waagen, _Hubert and Johann van Eyck_ (1822); Voll, _Werke des + Jan van Eyck_ (1900); L. Kämmerer on the two families in Knackfuss's + _Künstler-Monographien_ (1898). (J. A. C.) + + + + +EYE, a market-town and municipal borough in the Eye parliamentary +division of Suffolk; England; 94½ m. N.E. from London by the Great +Eastern railway, the terminus of a branch from the Ipswich-Norwich line. +Pop. (1901) 2004. The church of St Peter and St Paul is mainly of +Perpendicular flint work, with Early English portions and a fine +Perpendicular rood screen. It was formerly attached to a Benedictine +priory. Slight fragments of a Norman castle crown a mound of probably +earlier construction. There are a town hall, corn exchange, and grammar +school founded in 1566. Brewing is the chief industry. The town is +governed by a mayor, 4 aldermen and 12 councillors. Area, 4410 acres. + +Eye (_Heya_, _Aye_) was once surrounded by a stream, from which it is +said to have derived its name. Leland says it was situated in a marsh +and had formerly been accessible by river vessels from Cromer, though +the river was then only navigable to Burston, 12 m. from Eye. From the +discovery of numerous bones and Roman urns and coins it has been thought +that the place was once the cemetery of a Roman camp. William I. gave +the lordship of Eye to Robert Malet, a Norman, who built a castle and a +Benedictine monastery which was at first subordinate to the abbey of +Bernay in Normandy. Eye is a borough by prescription. In 1205 King John +granted to the townsmen a charter freeing them from various tolls and +customs and from the jurisdiction of the shire and hundred courts. Later +charters were granted by Elizabeth in 1558 and 1574, by James I. in +1604, and by William III. in 1697. In 1574 the borough was newly +incorporated under two bailiffs, ten chief and twenty-four inferior +burgesses, and an annual fair on Whit-Monday and a market on Saturday +were granted. Two members were returned to each parliament from 1571 +till 1832, when the Reform Act reduced the membership to one. By the +Redistribution Act of 1885 the representation was merged in the Eye +division of the county. The making of pillow-lace was formerly carried +on extensively, but practically ceased with the introduction of +machinery. + + + + +EYE (O. Eng. _eáge_, Ger. _Auge_); derived from an Indo-European root +also seen in Lat. _oc-ulus_, the organ of vision (q.v.). + +ANATOMY.--The eye consists of the eyeball, which is the true organ of +sight, as well as of certain muscles which move it, and of the lachrymal +apparatus which keeps the front of it in a moist condition. The +_eyeball_ is contained in the front of the orbit and is a sphere of +about an inch (24 mm.) in diameter. From the front of this a segment of +a lesser sphere projects slightly and forms the _cornea_ (fig. 1, co). +There are three coats to the eyeball, an external (protective), a middle +(vascular), and an internal (sensory). There are also three refracting +media, the aqueous humour, the lens and the vitreous humour or body. + +[Illustration: FIG. 1.--Diagrammatic Section through the Eyeball. + + cj, Conjunctiva. L, Lens. + co, Cornea. V, Vitreous body. + Sc, Sclerotic. Z, Zonule of Zinn, the ciliary + ch, Choroid. process being removed to + pc, Ciliary processes. show it. + mc, Ciliary muscle. p, Canal of Petit. + O, Optic nerve. m, Yellow spot. + R, Retina The dotted line behind the + I, Iris. cornea represents its posterior + aq, Anterior chamber of epithelium.] + aqueous humour. + +The protective coat consists of the _sclerotic_ in the posterior +five-sixths and the cornea in the anterior sixth. The sclerotic (fig. 1, +Sc) is a firm fibrous coat, forming the "white of the eye," which +posteriorly is pierced by the optic nerve and blends with the sheath of +that nerve, while anteriorly it is continued into the cornea at the +_corneo-scleral junction_. At this point a small canal, known as the +_canal of Schlemm_, runs round the margin of the cornea in the substance +of the sclerotic (see fig. 1). Between the sclerotic and the subjacent +choroid coat is a lymph space traversed by some loose pigmented +connective tissue,--the _lamina fusca_. The cornea is quite continuous +with the sclerotic but has a greater convexity. Under the microscope it +is seen to consist of five layers. Most anteriorly there is a layer of +stratified epithelium, then an anterior elastic layer, then the +_substantia propria_ of the cornea which is fibrous with spaces in which +the stellate _corneal corpuscles_ lie, while behind this is the +posterior elastic layer and then a delicate layer of endothelium. The +transparency of the cornea is due to the fact that all these structures +have the same refractive index. + +The middle or vascular coat of the eye consists of the _choroid_, the +_ciliary processes_ and the _iris_. The choroid (fig. 1, ch) does not +come quite as far forward as the corneo-scleral junction: it is composed +of numerous blood-vessels and pigment cells bound together by connective +tissue and, superficially, is lined by a delicate layer of pigmented +connective tissue called the _lamina suprachoroidea_ in contact with the +already-mentioned perichoroidal lymph space. On the deep surface of the +choroid is a structureless basal lamina. + +The _ciliary processes_ are some seventy triangular ridges, radially +arranged, with their apices pointing backward (fig. 1, pc), while their +bases are level with the corneo-scleral junction. They are as vascular +as the rest of the choroid, and contain in their interior the _ciliary +muscle_, which consists of radiating and circular fibres. The radiating +fibres (fig. 1, mc) rise, close to the canal of Schlemm, from the margin +of the posterior elastic lamina of the cornea, and pass backward and +outward into the ciliary processes and anterior part of the choroid, +which they pull forward when they contract. The circular fibres lie just +internal to these and are few or wanting in short-sighted people. + +The _iris_ (fig. 1, I) is the coloured diaphragm of the eye, the centre +of which is pierced to form the pupil; it is composed of a connective +tissue stroma containing blood-vessels, pigment cells and muscle fibres. +In front of it is a reflection of the same layer of endothelium which +lines the back of the cornea, while behind both it and the ciliary +processes is a double layer of epithelium, deeply pigmented, which +really belongs to the retina. The pigment in the substance of the iris +is variously coloured in different individuals, and is often deposited +after birth, so that, in newly-born European children, the colour of the +eyes is often slate-blue owing to the black pigment at the back of the +iris showing through. White, yellow or reddish-brown pigment is +deposited later in the substance of the iris, causing the appearance, +with the black pigment behind, of grey, hazel or brown eyes. In +blue-eyed people very little interstitial pigment is formed, while in +Albinos the posterior pigment is also absent and the blood vessels give +the pink coloration. The muscle fibres of the iris are described as +circular and radiating, though it is still uncertain whether the latter +are really muscular rather than elastic. On to the front of the iris, at +its margin, the posterior layer of the posterior elastic lamina is +continued as a series of ridges called the _ligamentum pectinatum +iridis_, while between these ridges are depressions known as the _spaces +of Fontana_. + +The inner or sensory layer of the wall of the eyeball is the _retina_; +it is a delicate transparent membrane which becomes thinner as the front +of the eye is approached. A short distance behind the ciliary processes +the nervous part of it stops and forms a scalloped border called the +_ora serrata_, but the pigmented layer is continued on behind the +ciliary processes and iris, as has been mentioned, and is known as the +_pars ciliaris retinae_ and _pars iridica retinae_. Under the microscope +the posterior part of the retina is seen to consist of eight layers. In +its passage from the lens and vitreous the light reaches these layers in +the following order:--(1) Layer of nerve fibres; (2) Layer of ganglion +cells; (3) Inner molecular layer; (4) Inner nuclear layer; (5) Outer +molecular layer; (6) Outer nuclear layer; (7) Layer of rods and cones; +(8) Pigmented layer. + + The layer of nerve fibres (fig. 2, 2) is composed of the + axis-cylinders only of the fibres of the optic nerve which pierce the + sclerotic, choroid and all the succeeding layers of the retina to + radiate over its surface. + + The ganglionic layer (fig. 2, 3) consists of a single stratum of large + ganglion cells, each of which is continuous with a fibre of the + preceding layer which forms its axon. Each also gives off a number of + finer processes (dendrites) which arborize in the next layer. + + The inner molecular layer (fig. 2, 4) is formed by the interlacement + of the dendrites of the last layer with those of the cells of the + inner nuclear layer which comes next. + + The inner nuclear layer (fig. 2, 5) contains three different kinds of + cells, but the most important and numerous are large bipolar cells, + which send one process into the inner molecular layer, as has just + been mentioned, and the other into the outer molecular layer, where + they arborize with the ends of the rod and cone fibres. + + The outer molecular layer (fig. 2, 6) is very narrow and is formed by + the arborizations just described. The outer nuclear layer (fig. 2, 7), + like the inner, consists of oval cells, which are of two kinds. The + rod granules are transversely striped, and are connected externally + with the rods, while internally processes pass into the outer + molecular layer to end in a knob around which the arborizations of the + inner nuclear cells lie. The cone granules are situated more + externally, and are in close contact with the cones; internally their + processes form a foot-plate in the outer molecular layer from which + arborizations extend. + + The layer of rods and cones (fig. 2, 9) contains these structures, the + rods being more numerous than the cones. The rods are spindle-shaped + bodies, of which the inner segment is thicker than the outer. The + cones are thicker and shorter than the rods, and resemble Indian + clubs, the handles of which are directed outward and are transversely + striped. In the outer part of the rods the visual purple or rhodopsin + is found. + + The pigmented layer consists of a single layer of hexagonal cells + containing pigment, which is capable of moving towards the rods and + cones when the eye is exposed to light and away from them in the dark. + +[Illustration: FIG. 2.--Diagrammatic section through the retina to show +the several layers, which are numbered as in the text. Ct, The radial +fibres of the supporting connective tissue.] + +Supporting the delicate nervous structures of the retina are a series of +connective tissue rods known as the _fibres of Müller_ (fig. 2, Ct); +these run through the thickness of the retina at right angles to its +surface, and are joined together on the inner side of the layer of nerve +fibres to form the _inner limiting membrane_. More externally, at the +bases of the rods and cones, they unite again to form the outer limiting +membrane. + +When the retina is looked at with the naked eye from in front two small +marks are seen on it. One of these is an oval depression about 3 mm. +across, which, owing to the presence of pigment, is of a yellow colour +and is known as the yellow spot (_macula lutea_); it is situated +directly in the antero-posterior axis of the eyeball, and at its margin +the nerve fibre layer is thinned and the ganglionic layer thickened. At +its centre, however, both these layers are wanting, and in the layer of +rods and cones only the cones are present. This central part is called +the _fovea centralis_ and is the point of acutest vision. The second +mark is situated a little below and to the inner side of the yellow +spot; it is a circular disk with raised margins and a depressed centre +and is called the _optic disk_; in structure it is a complete contrast +to the yellow spot, for all the layers except that of the nerve fibres +are wanting, and consequently, as light cannot be appreciated here, it +is known as the "blind spot." It marks the point of entry of the optic +nerve, and at its centre the retinal artery appears and divides into +branches. An appreciation of the condition of the optic disk is one of +the chief objects of the ophthalmoscope. + +The _crystalline lens_ (fig. 1, L) with its ligament separates the +aqueous from the vitreous chamber of the eye; it is a biconvex lens the +posterior surface of which is more curved than the anterior. Radiating +from the anterior and posterior poles are three faint lines forming a Y, +the posterior Y being erect and the anterior inverted. Running from +these figures are a series of lamellae, like the layers of an onion, +each of which is made up of a number of fibrils called the lens fibres. +On the anterior surface of the lens is a layer of epithelial cells, +which, towards the margin or equator, gradually elongate into lens +fibres. The whole lens is enclosed in an elastic structureless membrane, +and, like the cornea, its transparency is due to the fact that all its +constituents have the same refractive index. + +The ligament of the lens is the thickened anterior part of the hyaloid +membrane which surrounds the vitreous body; it is closely connected to +the iris at the ora serrata, and then splits into two layers, of which +the anterior is the thicker and blends with the anterior part of the +elastic capsule of the lens, so that, when its attachment to the ora +serrata is drawn forward by the ciliary muscle, the lens, by its own +elasticity, increases its convexity. Between the anterior and posterior +splitting of the hyaloid membrane is a circular lymph space surrounding +the margin of the lens known as the _canal of Petit_ (fig. 1, p). + +The _aqueous humour_ (fig. 1, aq) is contained between the lens and its +ligament posteriorly and the cornea anteriorly. It is practically a very +weak solution of common salt (chloride of sodium 1.4%). The space +containing it is imperfectly divided into a large anterior and a small +posterior chamber by a perforated diaphragm--the iris. + +The _vitreous body_ or _humour_ is a jelly which fills all the contents +of the eyeball behind the lens. It is surrounded by the hyaloid +membrane, already noticed, and anteriorly is concave for the reception +of the lens. + +From the centre of the optic disk to the posterior pole of the lens a +lymph canal formed by a tube of the hyaloid membrane stretches through +the centre of the vitreous body; this is the _canal of Stilling_, which +in the embryo transmitted the hyaloid artery to the lens. The +composition of the vitreous is practically the same as that of the +aqueous humour. + +The _arteries of the eyeball_ are all derived from the ophthalmic branch +of the internal carotid, and consist of the retinal which enters the +optic nerve far back in the orbit, the two long ciliaries, which run +forward in the choroid and join the anterior ciliaries, from muscular +branches of the ophthalmic, in the circulus iridis major round the +margin of the iris, and the six to twelve short ciliaries which pierce +the sclerotic round the optic nerve and supply the choroid and ciliary +processes. + +The _veins of the eyeball_ emerge as four or five trunks rather behind +the equator; these are called from their appearance _venae vorticosae_, +and open into the superior ophthalmic vein. In addition to these there +is a retinal vein which accompanies its artery. + +_Accessory Structures of the Eye._--The _eyelids_ are composed of the +following structures from in front backward: (1) Skin; (2) Superficial +fascia; (3) Orbicularis palpebrarum muscle; (4) _Tarsal plates_ of +fibrous tissue attached to the orbital margin by the superior and +inferior _palpebral ligaments_, and, at the junction of the eyelids, by +the external and internal _tarsal ligaments_ of which the latter is also +known as the _tendo oculi_; (5) _Meibomian glands_, which are large +modified sebaceous glands lubricating the edges of the lids and +preventing them adhering, and _Glands of Moll_, large sweat glands +which, when inflamed, cause a "sty"; (6) the _conjunctiva_, a layer of +mucous membrane which lines the back of the eyelids and is reflected on +to the front of the globe, the reflection forming the fornix: on the +front of the cornea the conjunctiva is continuous with the layer of +epithelial cells already mentioned. + +The _lachrymal_ gland is found in the upper and outer part of the front +of the orbit. It is about the size of an almond and has an upper +(orbital) and a lower (palpebral) part. Its six to twelve ducts open on +to the superior fornix of the conjunctiva. + +The _lachrymal canals_ (canaliculi) (see fig. 3, 2 and 3) are superior +and inferior, and open by minute orifices (puncta) on to the free +margins of the two eyelids near their inner point of junction. They +collect the tears, secreted by the lachrymal gland, which thus pass +right across the front of the eyeball, continually moistening the +conjunctiva. The two ducts are bent round a small pink tubercle called +the _caruncula lachrymalis_ (fig. 3, 4) at the inner angle of the +eyelids, and open into the _lachrymal sac_ (fig. 3, 5), which lies in a +groove in the lachrymal bone. The sac is continued down into the _nasal +duct_ (fig. 3, 6), which is about ¾ inch long and opens into the +inferior meatus of the nose, its opening being guarded by a valve. + +[Illustration: FIG. 3.--Lachrymal Canals and Duct. + + 1, Orbicular muscle. 5, Lachrymal sac. + 2, Lachrymal canal. 6, Lachrymal duct. + 3, Punctum. 7, Angular artery. + 4, Caruncula.] + +The orbit contains seven muscles, six of which rise close to the optic +foramen. The _levator palpebrae superioris_ is the highest, and passes +forward to the superior tarsal plate and fornix of the conjunctiva. The +_superior_ and _inferior recti_ are inserted into the upper and lower +surfaces of the eyeball respectively; they make the eye look inward as +well as up or down. The external and internal recti are inserted into +the sides of the eyeball and make it look outward or inward. The +superior oblique runs forward to a pulley in the inner and front part of +the roof of the orbit, round which it turns to be inserted into the +outer and back part of the eyeball. It turns the glance downward and +outward. The inferior oblique rises from the inner and front part of the +floor of the orbit, and is also inserted into the outer and back part of +the eyeball. It directs the glance upward and outward. Of all these +muscles the superior oblique is supplied by the fourth cranial nerve, +the external rectus by the sixth and the rest by the third. + +The posterior part of the eyeball and the anterior parts of the muscles +are enveloped in a lymph space, known as the _capsule of Tenon_, which +assists their movements. + +[Illustration: + + FIG. 4. FIG. 5. + + Diagram of Developing Diagram of Developing + Eye (1st stage). Eye (2nd stage). + [alpha], Forebrain. [beta], Optic cup. + [beta], Optic vesicle. [delta], Invagination of lens. + [gamma], Superficial ectoderm. Other letters as in fig. 4.] + [delta], Thickening for lens. + +EMBRYOLOGY.--As is pointed out in the article BRAIN, the _optic +vesicles_ grow out from the fore-brain, and the part nearest the brain +becomes constricted and elongated to form the optic stalk (see figs. 4 +and 5, [beta]). At the same time the ectoderm covering the side of the +head thickens and becomes invaginated to form the lens vesicle (see +figs. 4 and 5, [delta]), which later loses its connexion with the +surface and approaches the optic vesicle, causing that structure to +become cupped for its reception, so that what was the optic vesicle +becomes the optic cup and consists of an external and an internal layer +of cells (fig. 6 [beta] and [delta]). Of these the outer cells become +the retinal pigment, while the inner form the other layers of the +retina. The invagination of the optic cup extends, as the _choroidal +fissure_ (not shown in the diagrams), along the lower and back part of +the optic stalk, and into this slit sinks some of the surrounding +mesoderm to form the vitreous body and the hyaloid arteries, one of +which persists.[1] When this has happened the fissure closes up. The +anterior epithelium of the lens vesicle remains, but from the posterior +the lens fibres are developed and these gradually fill up the cavity. +The superficial layer of head ectoderm, from which the lens has been +invaginated and separated, becomes the anterior epithelium of the +cornea (fig. 6, [epsilon]), and between it and the lens the mesoderm +sinks in to form the cornea, iris and anterior chamber of the eye, while +surrounding the optic cup the mesoderm forms the sclerotic and choroid +coats (fig. 7, [eta] and [zeta]). Up to the seventh month the pupil is +closed by the _membrana pupillaris_, derived from the capsule of the +lens which is part of the mesodermal ingrowth through the choroidal +fissure already mentioned. The hyaloid artery remains, as a prolongation +of the retinal artery to the lens, until just before birth, but after +that its sheath forms the canal of Stilling. Most of the fibres of the +optic nerve are centripetal and begin as the axons of the ganglionic +cells of the retina; a few, however, are centrifugal and come from the +nerve cells in the brain. + +[Illustration: FIG. 6. + + Diagram of Developing Eye (3rd stage). + + [delta], Solid lens. + [epsilon], Corneal epithelium. + Other letters as in figs. 4 and 5.] + +[Illustration: FIG. 7. + + Diagram of Developing Eye (4th stage). The mesodermal tissues are + dotted. + + [zeta], Choroid and Iris. + [eta], Sclerotic and Cornea. + [theta], Vitreous. + [epsilon], Aqueous. + [kappa], Eyelids.] + +The eyelids are developed as ectodermal folds, which blend with one +another about the third month and separate again before birth in Man +(fig. 7, [Greek: kappa]). The lachrymal sac and duct are formed from +solid ectodermal thickenings which later become canalized. + +It will thus be seen that the optic nerve and retina are formed from the +brain ectoderm; the lens, anterior epithelium of the cornea, skin of the +eyelids, conjunctiva and lachrymal apparatus from the superficial +ectoderm; while the sclerotic, choroid, vitreous and aqueous humours as +well as the iris and cornea are derived from the mesoderm. + + See _Human Embryology_, by C.S. Minot (New York); Quain's _Anatomy_, + vol. i. (1908); "Entwickelung des Auges der Wirbeltiere," by A. + Froriep, in _Handbuch der vergleichenden und experimentellen + Entwickelungslehre der Wirbeltiere_ (O. Hertwig, Jena, 1905). + +COMPARATIVE ANATOMY.--The Acrania, as represented by Amphioxus (the +lancelet), have a patch of pigment in the fore part of the brain which +is regarded as the remains of a degenerated eye. In the Cyclostomata the +hag (Myxine) and larval lamprey (Ammocoetes) have ill-developed eyes +lying beneath the skin and devoid of lens, iris, cornea and sclerotic as +well as eye muscles. In the adult lamprey (Petromyzon) these structures +are developed at the metamorphosis, and the skin becomes transparent, +rendering sight possible. Ocular muscles are developed, but, unlike most +vertebrates, the inferior rectus is supplied by the sixth nerve while +all the others are supplied by the third. In all vertebrates the retina +consists of a layer of senso-neural cells, the rods and cones, separated +from the light by the other layers which together represent the optic +ganglia of the invertebrates; in the latter animals, however, the +senso-neural cells are nearer the light than the ganglia. + +In fishes the eyeball is flattened in front, but the flat cornea is +compensated by a spherical lens, which, unlike that of other +vertebrates, is adapted for near vision when at rest. The iris in some +bony fishes (Teleostei) is not contractile. In the Teleostei, too, there +is a process of the choroid which projects into the vitreous chamber and +runs forward to the lens; it is known as the _processus falciformis_, +and, besides nourishing the lens, is concerned in accommodation. This +specialized group of fishes is also remarkable for the possession of a +so-called _choroid gland_, which is really a _rete mirabile_ (see +ARTERIES) between the choroid and sclerotic. The sclerotic in fishes is +usually chondrified and sometimes calcified or ossified. In the retina +the rods and cones are about equal in number, and the cones are very +large. In the cartilaginous fishes (Elasmobranchs) there is a silvery +layer, called the _tapetum lucidum_, on the retinal surface of the +choroid. + +In the Amphibia the cornea is more convex than in the fish, but the lens +is circular and the sclerotic often chondrified. There is no processus +falciformis or tapetum lucidum, but the class is interesting in that it +shows the first rudiments of the ciliary muscle, although accommodation +is brought about by shifting the lens. In the retina the rods outnumber +the cones and these latter are smaller than in any other animals. In +some Amphibians coloured oil globules are found in connexion with the +cones, and sometimes two cones are joined, forming double or twin cones. + +In Reptilia the eye is spherical and its anterior part is often +protected by bony plates in the sclerotic (Lacertilia and Chelonia). The +ciliary muscle is striated, and in most reptiles accommodation is +effected by relaxing the ciliary ligament as in higher vertebrates, +though in the snakes (Ophidia) the lens is shifted as it is in the lower +forms. Many lizards have a vascular projection of the choroid into the +vitreous, foreshadowing the pecten of birds and homologous with the +processus falciformis of fishes. In the retina the rods are scarce or +absent. + +In birds the eye is tubular, especially in nocturnal and raptorial +forms: this is due to a lengthening of the ciliary region, which is +always protected by bony plates in the sclerotic. The pecten, already +mentioned in lizards, is a pleated vascular projection from the optic +disk towards the lens which in some cases it reaches. In Apteryx this +structure disappears. In the retina the cones outnumber the rods, but +are not as numerous as in the reptiles. The ciliary muscle is of the +striped variety. + +In the Mammalia the eye is largely enclosed in the orbit, and bony +plates in the sclerotic are only found in the monotremes. The cornea is +convex except in aquatic mammals, in which it is flattened. The lens is +biconvex in diurnal mammals, but in nocturnal and aquatic it is +spherical. There is no pecten, but the numerous hyaloid arteries which +are found in the embryo represent it. The iris usually has a circular +pupil, but in some ungulates and kangaroos it is a transverse slit. In +the Cetacea this transverse opening is kidney-shaped, the hilum of the +kidney being above. In many carnivores, especially nocturnal ones, the +slit is vertical, and this form of opening seems adapted to a feeble +light, for it is found in the owl, among birds. The tapetum lucidum is +found in Ungulata, Cetacea and Carnivora. The ciliary muscle is +unstriped. In the retina the rods are more numerous than the cones, +while the macula lutea only appears in the Primates in connexion with +binocular vision. + +Among the accessory structures of the eye the retractor bulbi muscle is +found in amphibians, reptiles, birds and many mammals; its nerve supply +shows that it is probably a derivative of the external or posterior +rectus. The nictitating membrane or third eyelid is well-developed in +amphibians, reptiles, birds and some few sharks; it is less marked in +mammals, and in Man is only represented by the little _plica +semilunaris_. When functional it is drawn across the eye by special +muscles derived from the retractor bulbi, called the _bursalis_ and +_pyramidalis_. In connexion with the nictitating membrane the Harderian +gland is developed, while the lachrymal gland secretes fluid for the +other eyelids to spread over the conjunctiva. These two glands are +specialized parts of a row of glands which in the Urodela (tailed +amphibians) are situated along the lower eyelid; the outer or posterior +part of this row becomes the lachrymal gland, which in higher +vertebrates shifts from the lower to the upper eyelid, while the inner +or anterior part becomes the Harderian gland. Below the amphibians +glands are not necessary, as the water keeps the eye moist. + +The lachrymal duct first appears in the tailed amphibians; in snakes and +gecko lizards, however, it opens into the mouth. + + For literature up to 1900 see R. Wiedersheim's _Vergleichende Anatomie + der Wirbeltiere_ (Jena, 1902). Later literature is noticed in the + catalogue of the Physiological Series of the R. College of Surgeons of + England Museum, vol. iii. (London, 1906). (F. G. P.) + + +EYE DISEASES.--The specially important diseases of the eye are those +which temporarily or permanently interfere with sight. In considering +the pathology of the eye it may be remembered that (1) it is a double +organ, while (2) either eye may have its own trouble. + +1. The two eyes act together, under normal conditions, for all practical +purposes exactly as if there were but one eye placed in the middle of +the face. All impressions made upon either retina, to the one side of a +vertical line through the centre, the _fovea centralis_, before giving +rise to conscious perception cause a stimulation of the same area in the +brain. Impressions formed simultaneously, for instance, on the right +side of the right retina and on corresponding areas of the right side of +the left retina, are conveyed to the same spots in the right occipital +lobe of the brain. Pathological processes, therefore, which are +localized in the right or left occipital lobes, or along any part of the +course of the fibres which pass from the right or left optic tracts to +these "visual centres," cause defects in function of the right or left +halves of the two retinae. _Hemianopia_, or half-blindness, arising from +these pathological changes, is of very varying degrees of severity, +according to the nature and extent of the particular lesion. The blind +areas in the two fields of vision, corresponding to the outward +projection of the paralysed retinal areas, are always symmetrical both +in shape and degree. The central lesion may for instance be very small, +but at the same time destructive to the nerve tissue. This will be +revealed as a sector-shaped or insular symmetrical complete blindness in +the fields of vision to the opposite side. Or a large central area, or +an area comprising many or all of the nerve fibres which pass to the +visual centre on one side, may be involved in a lesion which causes +impairment of function, but no actual destruction of the nerve tissue. +There is thus caused a symmetrical weakening of vision (_amblyopia_) in +the opposite fields. In such cases the colour vision is so much more +evidently affected than the sense of form that the condition has been +called _hemiachromatopsia_ or half-colour blindness. Hemianopia may be +caused by haemorrhage, by embolism, by tumour growth which either +directly involves the visual nerve elements or affects them by +compression and by inflammation. Transitory hemianopia is rare and is no +doubt most frequently of toxic origin. + +The two eyes also act as if they were one in accommodating. It is +impossible for the two eyes to accommodate simultaneously to different +extents, so that where there is, as occasionally happens, a difference +in focus between them, this difference remains the same for all +distances for which they are adapted. In such cases, therefore, both +eyes cannot ever be accurately adapted at the same time, though either +may be alone. It often happens as a consequence that the one eye is used +to receive the sharpest images of distant, and the other of near +objects. Any pathological change which leads to an interference in the +accommodating power of one eye alone must have its origin in a lesion +which lies peripherally to the nucleus of the third cranial nerve. Such +a lesion is usually one of the third nerve itself. Consequently, a +unilateral accommodation paresis is almost invariably associated with +pareses of some of the oculo-motor muscles. A bilateral accommodation +paresis is not uncommon. It is due to a nuclear or more central cerebral +disturbance. Unlike a hemianopia, which is mostly permanent, a double +accommodation paresis is frequently transitory. It is often a +post-diphtheritic condition, appearing alone or associated with other +paresis. + +Both eyes are also normally intimately associated in their movements. +They move in response to a stimulus or a combination of stimuli, +emanating from different centres of the brain, but one which is always +equally distributed to the corresponding muscles in both eyes, so that +the two lines of fixation meet at the succession of points on which +attention is directed. The movements are thus associated in the same +direction, to the right or left, upwards or downwards, &c. In addition, +owing to the space which separates the two eyes, convergent movements, +caused by stimuli equally distributed between the two internal recti, +are required for the fixation of nearer and nearer-lying objects. These +movements would not be necessary in the case of a single eye. It would +merely have to accommodate. The converging movements of the double eye +occur in association with accommodation, and thus a close connexion +becomes established between the stimuli to accommodation and +convergence. All combinations of convergent and associated movements are +constantly taking place normally, just as if a single centrally-placed +eye were moved in all directions and altered its accommodation according +to the distance, in any direction, of the object which is fixed. + +Associated and convergent movements may be interfered with +pathologically in different ways. Cerebral lesions may lead to their +impairment or complete abolition, or they may give rise to involuntary +spasmodic action, as the result of paralysing or irritating the centres +from which the various co-ordinated impulses are controlled or emanate. +Lesions which do not involve the centres may prevent the response to +associated impulses in one eye alone by interfering with the functional +activity of one or more of the nerves along which the stimuli are +conveyed. Paralysis of oculo-motor nerves is thus a common cause of +defects of association in the movements of the double eye. The great +advantage of simultaneous binocular vision--viz. the appreciation of +depth, or stereoscopic vision--is thus lost for some, or it may be all +directions of fixation. Instead of seeing singly with two eyes, there is +then double-vision (_diplopia_). This persists so long as the defect of +association continues, or so long as the habit of mentally suppressing +the image of the faultily-directed eye is not acquired. + +In the absence of any nerve lesions, central or other, interfering with +their associated movements, the eyes continue throughout life to respond +equally to the stimuli which cause these movements, even when, owing to +a visual defect of the one eye, binocular vision has become impossible. +It is otherwise, however, with the proper co-ordination of convergent +movements. These are primarily regulated by the unconscious desire for +binocular vision, and more or less firmly associated with accommodation. +When one eye becomes blind, or when binocular vision for other reasons +is lost, the impulse is gradually, as it were, unlearnt. This is the +cause of _divergent concomitant squint_. Under somewhat similar +conditions a degree of convergence, which is in excess of the +requirements of fixation, may be acquired from different causes. This +gives rise to _convergent concomitant squint_. + + For _Astigmatism_, &c., see the article VISION. + +2. Taking each eye as a single organ, we find it to be subject to many +diseases. In some cases both eyes may be affected in the same way, e.g. +where the local disease is a manifestation of some general disturbance. +Apart from the fibrous coat of the eye, the sclera, which is little +prone to disease, and the external muscles and other adnexa, the eye may +be looked upon as composed of two elements, (a) the dioptric media, and +(b) the parts more or less directly connected with perception. +Pathological conditions affecting either of these elements may interfere +with sight. + +The dioptric media, or the transparent portions which are concerned in +the transmission of light to, and the formation of images upon, the +retina, are the following: the _cornea_, the _aqueous humour_, the +_crystalline lens_ and the _vitreous humour_. Loss of transparency in +any of these media leads to blurring of the retinal images of external +objects. In addition to loss of transparency the cornea may have its +curvature altered by pathological processes. This necessarily causes +imperfection of sight. The crystalline lens, on the other hand, may be +dislocated, and thus cause image distortion. + +_The Cornea._--The transparency of the cornea is mainly lost by +imflammation (_keratitis_), which causes either an infiltration of its +tissues with leucocytes, or a more focal, more destructive ulcerative +process. + +Inflammation of the cornea may be primary or secondary, i.e. the +inflammatory changes met with in the corneal tissue may be directly +connected with one or more foci of inflammation in the cornea itself or +the focus or foci may be in some other part of the eye. Only the very +superficial forms of primary keratitis, those confined to the epithelial +layer, leave no permanent change; there is otherwise always a loss of +tissue resulting from the inflammation and this loss is made up for by +more or less densely intransparent connective tissue (_nebula_, +_leucoma_). These according to their site and extent cause greater or +less visual disturbance. Primary keratitis may be ulcerative or +non-ulcerative, superficial or deep, diffuse or circumscribed, +vascularized or non-vascularized. It may be complicated by deeper +inflammations of the eye such as iritis and cyclitis. In some cases the +anterior chamber is invaded by pus (_hypopyon_). The healing of a +corneal ulcer is characterized by the disappearance of pain where this +has been a symptom and by the rounding off of its sharp margins as +epithelium spreads over them from the surrounding healthy parts. Ulcers +tend to extend either in depth or superficially, rarely in both manners +at the same time. A deep ulcer leads to perforation with more or less +serious consequences according to the extent of the perforation. Often +an eye bears permanent traces of a perforation in adhesion of the iris +to the back of a corneal scar or in changes in the lens capsule +(capsular cataract). In other cases the ulcerated cornea may yield to +pressure from within, which causes it to bulge forwards (_staphyloma_). + +The principal causes of primary keratitis are traumata and infection +from the conjunctiva. Traumata are most serious when the body causing +the wound is not aseptic or when micro-organisms from some other source, +often the conjunctiva and tear-sac, effect a lodgment before healing of +the wound has sufficiently advanced. In infected cases a complication +with iritis is not uncommon owing to the penetration of toxines into the +anterior chamber. + +Inflammations of the cornea are the most important diseases of the eye, +because they are among the most frequent, because of the value of the +cornea to vision and because much good can often be done by judicious +treatment and much harm result from wrong interference and neglect. The +treatment of primary keratitis must vary according to the cause. +Generally speaking the aim should be to render the ulcerated portions as +aseptic as possible without using applications which are apt to cause a +great deal of irritation and thus interfere with healing. On this +account it is important to be able to recognize when healing is taking +place, for as soon as this is the case, rest, along with frequent +irrigation of the conjunctiva with sterilized water at the body +temperature, and occasionally mild antiseptic irrigation of the nasal +mucous membrane is all that is required. It is a common and dangerous +mistake to over treat. + +Of local antiseptics which are of use may be mentioned the actual +cautery, chlorine water, freshly prepared silver nitrate or protargol, +and the yellow oxide of mercury. These different agents are of course +not all equally applicable in any given case; it depends upon the +severity as well as upon the nature of the inflammation which is the +most suitable. For instance, the actual cautery is employed only in the +case of the deeper septic or malignant ulcers, in which the destruction +of tissue is already considerable and tending to spread further. Again +the yellow oxide of mercury should only be used in the more superficial, +strumous forms of inflammation. Many other substances are also in use, +but need not here be referred to. + +_Secondary keratitis_ takes the form of an interstitial deposit of +leucocytes between the layers of the cornea as well as often of +vascularization, sometimes intense, from the deeper network of vessels +(anterior ciliary) surrounding the cornea. The duration of a secondary +keratitis is usually prolonged, often lasting many months. More or less +complete restoration of transparency is the rule, however, eventually. + +No local treatment is called for except the shading of the eyes and in +most cases the use of a mydriatic to prevent synechiae when the iris is +involved. Often it is advisable to do something for the general health. +In young people there is probably nothing better than cod-liver oil and +syrup of the iodide of iron. Inherited syphilis, tuberculous and other +inflammations are the causes of secondary keratitis. + +_Neuro-paralytic Keratitis._--When the fifth nerve is paralysed there is +a tendency for the cornea to become inflamed. Different forms of +inflammation may then occur which all, besides anaesthesia, show a +marked slowness in healing. The main cause of neuro-paralytic keratitis +lies in the greater vulnerability of the cornea. The prognosis is +necessarily bad. The treatment consists in as far as possible protecting +the eye from external influences, by keeping it tied up, and by +frequently irrigating with antiseptic lotions. + +Certain non-inflammatory and degenerative changes are met with in the +cornea. Of these may be mentioned _keratoconus_ or conical cornea, in +which, owing to some disturbance of vitality, the nature of which has +not been discovered, the normal curvature of the cornea becomes altered +to something more of a hyberboloid of revolution, with consequent +impairment of vision: _arcus senilis_, a whitish opacity due to fatty +degeneration, extending round the corneal margin, varying in thickness +in different subjects and usually only met with in old people: +_transverse calcareous film_, consisting of a finely punctiform opacity +extending, in a tolerably uniformly wide band, occupying the zone of the +cornea which is left uncovered when the lids are half closed. + +Tumours of the cornea are not common. Those chiefly met with are +dermoids, fibromata, sarcomata and epitheliomata. + +_Scleritis._--Inflammation of the sclera is confined to its anterior +part which is covered by conjunctiva. Scleritis may occur in +circumscribed patches or may be diffused in the shape of a belt round +the cornea. The former is usually more superficial and uncomplicated, +the latter deeper and complicated with corneal infiltration, +irido-cyclitis and anterior choroiditis. Superficial scleritis or, as it +is often called, _episcleritis_, is a long-continued disease which is +associated with very varying degrees of discomfort. The chronic nature +of the affection depends mainly upon the tendency that the inflammation +has to recur in successive patches at different parts of the sclera. +Often only one eye at a time is affected. Each patch lasts for a month +or two and is succeeded by another after an interval of varying +duration. Months or years may elapse between the attacks. The +cicatricial site of a previous patch is rarely again attacked. The +scleral infiltration causes a firm swelling, often sensitive to touch, +over which the conjunctiva is freely movable. The overlying conjunctiva +is always injected. The infiltration itself at the height of the process +is densely vascularized. Seen through the conjunctiva its vessels have a +darker, more purplish hue than the superficial ones. The swelling caused +by the infiltration gradually subsides, leaving a cicatrix to which the +overlying conjunctiva becomes adherent. The cicatrix has a slaty +porcellanous-looking colour. Superficial scleritis occurs in both sexes +with about equal frequency. No definite cause for the inflammation is +known. The treatment on the whole is unsatisfactory. Burning down the +nodules with the actual cautery, and subsequently a visit to such baths +as Harrogate, Buxton, Homburg and Wiesbaden, may be recommended. + +Deep scleritis with its attendant complications is altogether a more +serious disease. Etiologically it is equally obscure. Both eyes are +almost always attacked. It more generally occurs in young people, mostly +in young women. Deep scleritis is more persistent and less subject to +periods of intermission than episcleritis. The deeper and more +wide-spread inflammatory infiltrations of the sclera lead eventually to +weakening of that coat, and cause it to yield to the intra-ocular +pressure. Vision suffers from extension of the infiltration to the +cornea, or from iritis with its attendant synechiae, or from anterior +choroiditis, and sometimes also from secondary glaucoma. The treatment +is on the whole unsatisfactory. Iridectomy, especially if done early in +the process, may be of use. + +_The Aqueous Humour._--Intransparency of the aqueous humour is always +due to some exudation. This comes either from the iris or the ciliary +processes, and may be blood, pus or fibrin. An exudation in this +situation tends naturally to gravitate to the most dependent part, and, +in the case of blood or pus, is known as _kyphaema_ or _hypopyon_. + +_The Crystalline Lens Cataract._--Intransparency of the crystalline lens +is technically known as _cataract_. Cataract may be idiopathic and +uncomplicated, or traumatic, or secondary to disease in the deeper +parts of the eye. The modified epithelial structure of which the lens is +composed is always being added to throughout life. The older portions of +the lens are consequently the more central. They are harder and less +elastic. This arrangement seems to predispose to difficulties of +nutrition. In many people, in the absence altogether of general or local +disease, the transparency of the lens is lost owing to degeneration of +the incompletely-nourished fibres. This idiopathic cataract mostly +occurs in old people; hence the term _senile cataract_. So-called +_senile_ cataract is not, however, necessarily associated with any +general senile changes. An idiopathic uncomplicated cataract is also met +with as a congenital defect due to faulty development of the crystalline +lens. A particular and not uncommon form of this kind of cataract, which +may also develop during infancy, is _lamellar_ or _zonular cataract_. +This is a partial and stationary form of cataract in which, while the +greater part of the lens retains its transparency, some of the lamellae +are intransparent. Traumatic cataract occurs in two ways: by laceration +or rupture of the lens capsule, or by nutritional changes consequent +upon injuries to the deeper structures of the eye. The transparency of +the lens is dependent upon the integrity of its capsule. Penetrating +wounds of the eye involving the capsule, or rupture of the capsule from +severe blows on the eye without perforation of its coats, are followed +by rapidly developing cataract. Severe non-penetrating injuries, which +do not cause rupture of the capsule, are sometimes followed, after a +time, by slowly-progressing cataract. Secondary cataract is due to +abnormalities in the nutrient matter supplied to the lens owing to +disease of the ciliary body, choroid or retina. In some diseases, as +diabetes, the altered general nutrition tells in the same way on the +crystalline lens. Cataract is then rapidly formed. All cases of cataract +in diabetes are not, however, necessarily true diabetic cataracts in the +above sense. _Dislocations of the lens_ are traumatic or congenital. In +old-standing disease of the eye the suspensory ligament may yield in +part, and thus lead to lens dislocation. The lens is practically always +cataractous before this takes place. + +_The Vitreous Humour._--The vitreous humour loses its transparency owing +to exudation from the inflamed ciliary body or choroid. The exudation +may be fibrinous or purulent; the latter only as a result of injuries by +which foreign bodies or septic matter are introduced into the eye or in +metastatic choroiditis. Blood may also be effused into the vitreous from +rupture of retinal, ciliary or choroidal vessels. The pathological +significance of the various effusions into the vitreous depends greatly +upon the cause. In many cases effusion and absorption are constantly +taking place simultaneously. The extent of possible clearing depends +greatly upon the preponderance of the latter process. + +_Diseases of the Iris and Ciliary Body._--Inflammation of the iris, +iritis, arises from different causes. The various idiopathic forms have +relations to constitutional disturbances such as rheumatism, gout, +albuminuria, tuberculosis, fevers, syphilis, gonorrhoea and others, or +they may come from cold alone. Traumatic and infected cases are +attributable to accidents, the presence of foreign bodies, operations, +&c. In addition, iritis may be secondary to keratitis, scleritis or +choroiditis. The beginning of an attack of inflammation of the iris is +characterized by alterations in its colour due to hyperaemia and by +circumcorneal injection. Later on, exudation takes place into the +substance of the iris, causing thickening and also a loss of gloss of +its surface. According to the nature and severity of the exudation there +may be deposits formed on the back of the cornea, attachments between +the iris and lens capsule (synechiae), or even gelatinous-looking +coagulations or pus in the anterior chamber. + +The subjective symptoms to which the inflammation may give rise are +dread of light (_photophobia_), pain, generally most severe at night and +often very great, also more or less impairment of sight. Along with the +pain and photophobia there is lacrymation. An acute attack of iritis +usually lasts about six weeks. Some cases become chronic and last much +longer. Others are chronic from the first, and in one clinical type of +iritis, in which the ciliary body is also at the same time affected, +viz. _iritis serosa_, there is usually comparatively little injection of +the eye or pain, so that the patient's attention may only be directed to +the eye owing to the gradual impairment of sight which results. In some +cases, and more particularly in men, there is a tendency to the +recurrence at longer or shorter intervals of attacks of iritis +(_recurrent iritis_). In these cases, as well as in all cases of plastic +iritis which have not been properly treated, serious consequences to +sight are apt to follow from the binding down of the iris to the lens +capsule and the occlusion of the pupil by exudation. + +Inflammation of the ciliary body, _cyclitis_, is frequently associated +with iritis. This association is probable in all cases where there are +deposits on the posterior surface of the cornea. It is certain where +there are changes in the intra-ocular tension. Often in cyclitis there +is a very marked diminution in tension. Cyclitis is also present when +the degree of visual disturbance is greater than can be accounted for by +the visible changes in the pupil and anterior chamber. The exudation +may, as in iritis, be serous, plastic or purulent. It passes from the +two free surfaces of the ciliary body into the posterior aqueous, and +into the vitreous, chambers. This produces, what is a constant sign of +cyclitis, more or less intransparency of the vitreous humour. Where +there has been excessive exudation into the vitreous, subsequent +shrinking and liquefaction take place, leading to detachment of the +retina and consequent blindness. + +The treatment of iritis necessarily differs to some extent according to +the cause. The general treatment applicable to all cases need only be +here considered. What should be aimed at, at the time of the +inflammation, is to put the eye as far as possible at rest, to prevent +the formation of synechiae and alleviate the pain. An attempt should be +made to get the pupil thoroughly dilated with atropine. The dilatation +should be kept up as long as any circumcorneal injection lasts. If a +case of iritis be left to itself or treated without the use of a +mydriatic, posterior synechiae almost invariably form. Some fibrinous +exudation may even organize into a membrane stretching across, and more +or less completely occluding, the pupil. Synechiae, though not of +themselves causing impairment of vision, increase the risk that the eye +runs from subsequent attacks of iritis. It should however be remembered +that as the main call for a mydriatic is to prevent synechiae, the +_raison d'être_ for its use no longer exists when, having been begun too +late, the pupil cannot properly be dilated by it. Under these conditions +it may even do harm. The eyes should also be kept shaded from the light +by the use of a shade or neutral-tinted glasses. During an attack any +use of the eyes for reading or sewing or work of any kind calling for +accommodation must be prohibited. This applies equally to the case of +inflammation in one eye alone and in both. + +Pain is best relieved by hot fomentations, cocain, and in many cases the +internal use of salicin or phenacetin. The treatment sometimes required +for cases of old iritis is iridectomy. The operation is called for in +two different classes of cases. In the first place, to improve vision +where the pupil is small, and to a great extent occluded, though the +condition has not so far led to serious nutritive changes; and in the +second place, with the object as well of preventing the complete +destruction of vision which either the existing condition or the danger +of recurrence of the inflammation has threatened. Iridectomy for iritis +should be performed when the inflammation has entirely subsided. The +portion of iris excised should be large. The operation is urgently +called for where the condition of _iris bombans_ exists. + +Iris tumours, either simple or malignant, are of rare occurrence. + +A frequent result of a severe blow on the eye is a separation of a +portion of the iris from its peripheral attachment (_iridodialysis_). Of +congenital anomalies the most commonly met with are coloboma and more or +less persistence of the foetal pupillary membrane. The most serious form +of irido-cyclitis is that which may follow penetrating wounds of the +eye. Under certain conditions this leads to a similar inflammation in +the other eye. This so-called _sympathetic ophthalmitis_ is of a +malignant type, causing destruction of the sympathizing eye. + +_The Retina._--Choroidal inflammations are generally patchy, various +foci of inflammation being scattered over the choroid. These patches may +in course of time become more or less confluent. The effect upon vision +depends upon the extent to which the external or percipient elements of +the retina become involved. It is especially serious when the more +central portions of the retina, are thus affected (_choroido-retinitis +centralis_). + +A peculiar and grave pathological condition of the eye is what is known +as _glaucoma_. A characteristic of this condition is increase of the +intra-ocular tension, which has a deleterious effect on the optic nerve +end and its ramifications in the retina. The cause of the rise of +tension is partly congestive, partly mechanical. The effect of glaucoma, +when untreated, is to cause ever-increasing loss of sight, although the +time occupied by the process before it leads to complete blindness +varies within such extraordinary wide limits as from a few hours to many +years. The uveal tract may be the site of _sarcoma_. + +The retina is subject to inflammation, to detachment from the choroid, +to haemorrhages from the blood-vessels and to tumour. Retinal +inflammation may primarily affect either the nerve elements or the +connective tissue framework. The former is usually associated with some +general disease such as albuminuria or diabetes and is bilateral. The +tissue changes are oedema, the formation of exudative patches, and +haemorrhage. Where the connective tissue elements are primarily +affected, the condition is a slow one, similar to _sclerosis_ of the +central nervous system. The gradual blindness which this causes is due +to compression of the retinal nerve elements by the connective tissue +hyperplasia, which is always associated with characteristic changes in +the disposition of the retinal pigment. This retinal sclerosis is +consequently generally known as _retinitis pigmentosa_, a disease to +which there is a hereditary predisposition. Besides occurring during +inflammation, haemorrhages into the retina are met with in phlebitis of +the central retinal vein, which is almost invariably unilateral, and in +certain conditions of the blood, as pernicious anaemia, when they are +always bilateral. + +The optic nerve is subject to inflammation (optic neuritis) and atrophy. +Double optic neuritis, affecting, however, only the intra-ocular ends of +the nerves, is an almost constant accompaniment of brain tumour. +Unilateral neuritis has a different causation, depending upon an +inflammation, mainly perineuritic, of the nerve in the orbit. It is +analogous to peripheral inflammation of other nerves, such as the third, +fourth, sixth and seventh cranial nerves. + +_Diseases of the Conjunctiva._--These are the most frequent diseases of +the eye with which the surgeon has to deal. They generally lead to more +or less interference with the functional activity of the eye and often +indeed to great impairment of vision owing to the tendency which there +is for the cornea to become implicated. + +Many different micro-organisms are of pathogenetic importance in +connexion with the conjunctiva. Microbes exist in the normal +conjunctival sac. These are mostly harmless, though it is usual to find +at any rate a small proportion of others which are known to be +pyogenetic. This fact is of great importance in connexion both with +problems of etiology and the practical question of operations on the +eye. + +_Hyperaemia._--When the conjunctiva becomes hyperaemic its colour is +heightened and its transparency lessened. Sometimes too it becomes +thickened and its surface altered in appearance. The often marked +heightening of colour is due to the very superficial position of the +dilated vessels. This is specially the case with that part of the +membrane which forms the transition fold between the palpebral and the +ocular conjunctiva. Consequently it is there that the redness is most +marked, while it is seen to diminish towards the cornea. An important +diagnostic mark is thus furnished between purely conjunctival hyperaemia +and what is called circumcorneal congestion, which is always an +indication of more deep-seated vascular dilatation. It also differs +materially from a scleral injection, in which there is a visible +dilatation of the superficial scleral vessels. + +When a conjunctival hyperaemia has existed for some time the papillae +become swollen, and small blebs form on the surface of the membrane: +sometimes too, lymph follicles begin to show. The enlargement and +compression of adjacent papillae give rise to a velvety appearance of +the surface. + +Hyperaemia of the conjunctiva where not followed by inflammation causes +more or less lacrymation but no alteration in the character of its +secretion. The hyperaemia may be acute and transitory or chronic. Much +depends upon the cause as well as upon the persistence of the irritation +which sets it up. + +Traumata, the presence of foreign bodies in the conjunctival sac, or the +irritations of superficial chalky infarcts in the Meibomian ducts, cause +more or less severe transitory congestion. Continued subjection to +irritating particles such as flour, stones, dust, &c., causes a more +continued hyperaemia which is often circumscribed and less pronounced. +Bad air in schools, barracks, workhouses, &c., also causes a chronic +hyperaemia in which it is common to find a follicular hyperplasia. Long +exposure to too intense light, astigmatism and other ocular defects +which cause asthenopia lead also to chronic hyperaemia. Anaemic +individuals are often subject to discomfort from hyperaemia of this +nature. + +The treatment of conjunctival hyperaemia consists first in the removal +of the cause when it can be discovered. Often this is difficult. In +addition the application of hot sterilized water is useful and soothing. + +_Conjunctivitis._--When the conjunctiva is actually inflamed the +congested membrane is brought into a condition of heightened secreting +action. The secretions become more copious and more or less altered in +character. A sufficiently practical though by no means sharply defined +clinical division of cases of conjunctivitis is arrived at by taking +into consideration the character of the secretion from the inflamed +membrane and the visible tissue alterations which the membrane +undergoes. The common varieties of conjunctivitis which may thus be +distinguished are the following: ([alpha]) Catarrhal conjunctivitis, +([beta]) Purulent conjunctivitis, ([gamma]) Phlyctenular conjunctivitis, +([delta]) Granular conjunctivitis and ([epsilon]) Diphtheritic +conjunctivitis. + +However desirable a truly etiological classification might appear to be, +it is doubtful whether such could satisfactorily be made. So much is +certain at all events, that not only can identically the same clinical +appearance result from the actions of quite different pathogenetic +organisms, but that various concomitant circumstances may lead to very +different clinical signs being set up by one and the same microbe. As +regards _contagion_ there is no doubt that the secretion in the case of +a true conjunctivitis (i.e. not merely a hyperaemia) is always more or +less contagious. The degree of virulence varies not only in different +cases, but the effect of contagion from the same source may be different +in different individuals. Healthy conjunctivae may thus react +differently, not only as regards the degree of severity, but even +according to different clinical types, when infected by secretion from +the same source. There are no doubt different reasons for this, such as +the stage at which the inflammation has arrived in the eye from which +the secretion is derived, differences in the surroundings and in the +susceptibility of the infected individuals, the presence of dormant +microbes of a virulent type in the healthy conjunctiva which has been +infected, &c. Many points in this connexion are very difficult to +investigate and much remains to be elucidated. Contagion usually takes +place directly and not through the air. Often in this way one eye is +first affected and may in some cases, when sufficient care is afterwards +taken, be the only one to suffer. + +The treatment in all severer forms of conjunctivitis should be +undertaken with the primary object in view of preventing any implication +of the cornea. + +_Catarrhal conjunctivitis_, which is characterized by an increased +mucoid secretion accompanying the hyperaemia, is usually bilateral and +may be either acute or chronic. Acute conjunctivitis lasts as a rule +only for a week or two: the chronic type may persist, with or without +occasional exacerbations, for years. The subjective symptoms vary in +intensity with the severity of the inflammation. There is always more or +less troublesome "burning" in the eyes with a tired heavy feeling in the +lids. This is aggravated by reading, which is most distressing in a +close or smoky atmosphere and by artificial light. In acute cases, +indeed, reading is altogether impossible. In all cases of catarrhal +conjunctivitis the symptoms are also more marked if the eyes have been +tied up, even though this may produce a temporary relief. + +A curious variety of acute catarrhal conjunctivitis, in which the +hyperaemia and lacrymation are the predominant features, is the +so-called _hay-fever_. In this condition the mucous membrane of the nose +and throat are similarly affected, and there is at the same time more or +less constitutional disturbance. Hay-fever is due to irritation from the +pollen of many plants, but principally from that of the different +grasses. Some people are so susceptible to it that they invariably +suffer every year during the early summer months. Here it is difficult +to remove the cause, but many cases can be cured and almost all are +alleviated be means of a special antitoxin applied locally. + +Other ectogenetic causes of catarrhal conjunctivitis which have been +studied are mostly microbic. Of these the most common are the +Morax-Axenfeld and the Koch-Weeks conjunctivitis. + +The Morax-Axenfeld bacillus sets up a conjunctivitis which affects +individuals of all ages and conditions and which is contagious. The +inflammation is usually chronic, at most subacute. It is often +sufficiently characteristic to be recognized without a microscopical +examination of the secretions. In typical cases the lid margin, +palpebral conjunctiva, and it may be a patch of ocular conjunctiva at +the outer or inner angle are alone hyperaemic: the secretion is not +copious and is mostly found as a greyish coagulum lying at the inner +lid-margin. The subjective symptoms are usually slight. Complications +with other varieties of catarrhal conjunctivitis are not uncommon. This +mild form of conjunctivitis generally lasts for many months, subject to +more or less complete disappearance followed by recurrences. It can be +rapidly cured by the use of an oxide of zinc ointment, which should be +continued for some time after the appearances have altogether passed +off. + +The conjunctivitis caused by the Koch-Weeks microbe is still more +common. It is a more acute type, affects mostly children, and is very +contagious and often epidemic. Here the hyperaemia involves both the +ocular and the palpebral conjunctiva, and usually there is considerable +swelling of the lids and a copious secretion. Both eyes are always +affected. Occasionally the engorged conjunctival vessels give way, +causing numerous small extravasations (ecchymoses). Complications with +phlyctenulae (_vide infra_) are common in children. The acute symptoms +last for a week or ten days, after which the course is more chronic. +Treatment with nitrate of silver in solution is generally satisfactory. +Other less frequent microbic causes of catarrhal conjunctivitis yield to +the same treatment. + +A form of _epidemic muco-purulent conjunctivitis_ is not uncommon, in +which the swelling of the conjunctival folds and lids is much more +marked and the secretions copious. It is less amenable to treatment and +also apt to be complicated by corneal ulceration. The microbe which +gives rise to this condition has not been definitely established. This +inflammation is also known as _school ophthalmia_. This is extremely +contagious, so that isolation of cases becomes necessary. The treatment +with weak solutions of sub-acetate of lead during the acute stage, +provided there be no corneal complication, and subsequently with a weak +solution of tannic acid, may be recommended. + +_Purulent Conjunctivitis._--Some of the severer forms of catarrhal +conjunctivitis are accompanied not only by a good deal of swelling of +both conjunctiva and lids but also by a decidedly muco-purulent +secretion. Nevertheless there is a sufficiently sharply-defined clinical +difference between the catarrhal and purulent types of inflammation. In +purulent conjunctivitis the oedema of the lids is always marked, often +excessive, the hyperaemia of the whole conjunctiva is intense: the +membrane is also infiltrated and swollen (chemosis), the papillae +enlarged and the secretion almost wholly purulent. Although this variety +of conjunctivitis is principally due to infection by gonococci, other +microbes, which more frequently set up a catarrhal type, may lead to the +purulent form. + +All forms are contagious, and transference of the secretion to other +eyes usually sets up the same type of severe inflammation. The way in +which infection mostly takes place is by direct transference by means of +the hands, towels, &c., of secretions containing gonococci either from +the eye or from some other mucous membrane. The poison may also +sometimes be carried by flies. The dried secretion loses its virulence. + +In new-born children (_ophthalmia neonatorum_) infection takes place +from the maternal passages during birth. Notwithstanding the great +changes which occur during the progress of a purulent conjunctivitis, +there is on recovery a complete _restitutio ad integrum_ so far as the +conjunctiva is concerned. Owing to the tendency to severe ulceration of +the cornea, more or less serious destructions of that membrane, and +consequently more or less interference with sight, may result before the +inflammation has passed off. This is a special danger in the case of +adults. For this reason when only one eye is affected the first point to +be attended to in the treatment is to secure the second eye from +contagion by efficient occlusion. The appliance known as Buller's +shield, a watch-glass strapped down by plaster, is the best for this +purpose. It not only admits of the patient seeing with the sound eye, +but allows the other to remain under direct observation. The treatment +otherwise consists in frequent removal of the secretions from the +affected eye, and the use of nitrate of silver solution as a bactericide +applied directly to the conjunctival surface; sometimes it is necessary +to cut away the chemotic conjunctiva immediately surrounding the cornea. +When the cornea has become affected efforts may be made with the +thermo-cautery or otherwise to limit the area of destruction and thus +admit of something being done to improve the vision after all +inflammation has subsided. The greatest cleanliness as well as proper +antiseptic precautions should of course be observed by every one in any +way connected with the treatment of such cases. + +_Phlyctenular conjunctivitis_ is an acute inflammation of the ocular +conjunctiva, in which little blebs or phlyctenules form, more +particularly in the vicinity of the corneal margin, as well as on the +epithelial continuation of the conjunctiva which covers the cornea. The +inflammation is characterized by being distributed in little +circumscribed foci and not diffused as in all other forms of +conjunctivitis. In it the conjunctival secretion is not altered, unless +there should exist at the same time a complication with some other form +of conjunctivitis. This condition is most frequent in children, +particularly such as are ill-nourished or are recovering from some +illness, e.g. measles. The susceptibility occurs in fact mainly where +there exists what used to be called a "strumous" diathesis. In many +cases, therefore, there is some kind of tubercular basis for the +manifestations. This basis has to do with the susceptibility only, at +all events to begin with. The local changes are not tuberculous; their +exact origin has not been clearly established. They are in all +probability produced by staphylococci. + +Many children suffering from phlyctenular conjunctivitis get after a +short time an eczematous excoriation of the skin of the nostrils. This +excoriated, scabby area contains crowds of staphylococci which find a +nidus here, where the copious tear-flow down the nostrils has excoriated +and irritated the skin. Lacrymation is indeed a very common concomitant +of phlyctenular conjunctivitis. Another frequently distressing symptom +is a pronounced dread of light (_photophobia_), which often leads to +convulsive and very persistent closing of the lids (_blepharospasm_). +Indeed the relief of the photophobia is often the most important point +to be considered in the treatment of phlyctenular conjunctivitis. The +photophobia may be very severe when the local changes are slight. The +eyes should be shaded but not bandaged. Cocain may be freely used. The +best local application is the yellow oxide of mercury used as an +ointment. + +Phlyctenular conjunctivitis, and the corneal complications with which it +is so often associated, constitute a large proportion (from ¼ to 1/3) of +all eye affections with which the surgeon has to deal. + +_Granular Conjunctivitis._--This disease, which also goes by the name of +_trachoma_, is characterized by an inflammatory infiltration of the +adenoid tissue of the conjunctiva. The inflammation is accompanied by +the formation of so-called _granules_, and at the same time by a +hyperplasia of the papillae. The changes further lead in the course of +time to cicatricial transformations, so that a gradual and progressive +atrophy of the conjunctiva results. The disease takes its origin most +frequently in the conjunctival fold of the upper lid, but eventually as +a rule involves the corna and the deeper tissues of the lid, +particularly the tarsus. + +The etiology of trachoma is unknown. Though a perfectly distinctive +affection when fully established, the differential diagnosis from other +forms of conjunctivitis, particularly those associated with much +follicular enlargement or which have begun as purulent inflammation, may +be difficult. Trachoma is mostly chronic. When occurring in an acute +form it is more amenable to treatment and less likely to end in +cicatricial changes. Fully half the cases of trachoma which occur are +complicated by _pannus_, which is the name given to the affection when +it has spread to the cornea. Pannus is a superficial vascularized +infiltration of the cornea. The veiling which it produces causes more or +less defect of sight. + +Various methods of treatment are in use for trachoma. Expression by +means of roller-forceps or repeated grattage are amongst the more +effective means of surgical treatment, while local applications of +copper sulphate or of alum are certainly useful in suitable cases. + +_Diphtheritic conjunctivitis_ is characterized by an infiltration into +the conjunctival tissues which, owing to great coagulability, rapidly +interferes with the nutrition of the invaded area and thus leads to +necrosis of the diphtheritic membrane. Conjunctival diphtheria may or +may not be associated with diphtheria of the throat. It is essentially a +disease of early childhood, not more than 10% of all cases occurring +after the age of four. The cornea is exposed to great risk, more +particularly during the first few days, and may be lost by necrosis. +Subsequent ulceration is not uncommon, but may often be arrested before +complete destruction has taken place. The disease is generally confined +to one eye, and complicated by swelling of the preauricular glands of +that side. It may prove fatal. In true conjunctival diphtheria the +exciting cause is the Klebs-Löffler bacillus. The inflammation occurs in +very varying degrees of severity. The secretion is at first thin and +scant, afterwards purulent and more copious. In severe cases there is +great chemosis with much tense swelling of the lids, which are often of +an ashy-grey colour. A streptococcus infection produces somewhat similar +and often quite as disastrous results. + +The treatment must be both general with antitoxin and local with +antiseptics. Of rarer forms of conjunctivitis may be mentioned +Parinaud's conjunctivitis and the so-called spring catarrh. + +_Non-inflammatory Conjunctival Affections._--These are of less +importance than conjunctivitis, either on account of their comparative +infrequency or because of their harmlessness. The following conditions +may be shortly referred to. + +_Amyloid degeneration_, in which waxy-looking masses grow from the +palpebral conjunctiva of both lids, often attaining very considerable +dimensions. The condition is not uncommon in China and elsewhere in the +East. + +_Essential Shrinking of the Conjunctiva._--This is the result of +pemphigus, in which the disease has attacked the conjunctiva and led to +its atrophy. + +_Pterygium_ is a hypertrophic thickening of the conjunctiva of +triangular shape firmly attached by its apex to the superficial layers +of the cornea. It is a common condition in warm climates owing to +exposure to sun and dust, and often calls for operative interference. + +_Tumours of the Conjunctiva._--These may be malignant or benign, also +syphilitic and tubercular. (G. A. Be.) + + +FOOTNOTE: + + [1] Some embryologists regard the vitreous body as formed from the + ectoderm (see Quain's _Anatomy_, vol. i., 1908). + + + + +EYEMOUTH, a police burgh of Berwickshire, Scotland. Pop. (1901) 2436. It +is situated at the mouth of the Eye, 7½ m. N.N.W. of Berwick-on-Tweed by +the North British railway via Burnmouth. Its public buildings are the +town hall, library and masonic hall. The main industry is the fishing +and allied trades. The harbour was enlarged in 1887, and the bay is +easily accessible and affords good anchorage. Owing to the rugged +character of the coast and its numerous ravines and caves the whole +district was once infested with smugglers. The promontory of St Abb's +Head is 3 m. to the N.W. + + + + +EYLAU (_Preussisch-Eylau_), a town of Germany, in east Prussia, on the +Pasmar, 23 m. S. by E. Of Königsberg by rail on the line +Pillau-Prostken. It has an Evangelical church, a teachers' seminary, a +hospital, foundries and saw mills. Pop. 3200. Eylau was founded in 1336 +by Arnolf von Eilenstein, a knight of the Teutonic Order. It is famous +as the scene of a battle between the army of Napoleon and the Russians +and Prussians commanded by General Bennigsen, fought on the 8th of +February 1807. + +The battle was preceded by a severe general engagement on the 7th. The +head of Napoleon's column (cavalry and infantry), advancing from the +south-west, found itself opposed at the outlet of the Grünhöfchen defile +by a strong Russian rearguard which held the (frozen) lakes on either +side of the Eylau road, and attacked at once, dislodging the enemy after +a sharp conflict. The French turned both wings of the enemy, and +Bagration, who commanded the Russian rearguard, retired through Eylau to +the main army, which was now arrayed for battle east of Eylau. Barclay +de Tolly made a strenuous resistance in Eylau itself, and in the +churchyard, and these localities changed hands several times before +remaining finally in possession of the French. It is very doubtful +whether Napoleon actually ordered this attack upon Eylau, and it is +suggested that the French soldiers were encouraged to a premature +assault by the hope of obtaining quarters in the village. There is, +however, no reason to suppose that this attack was prejudicial to +Napoleon's chance of success, for his own army was intended to pin the +enemy in front, while the outlying "masses of manoeuvre" closed upon his +flanks and rear (see NAPOLEONIC CAMPAIGNS). In this case the vigour of +the "general advanced guard" was superfluous, for Bennigsen stood to +fight of his own free will. + +The foremost line of the French bivouacs extended, from Rothenen to +Freiheit, but a large proportion of the army spent the night in quarters +farther back. The Russian army on the other hand spent the night +bivouacked in order of battle, the right at Schloditten and the left at +Serpallen. The cold was extreme, 2° F. being registered in the early +morning, and food was scarce in both armies. The ground was covered at +the time of battle with deep snow, and all the lakes and marshes were +frozen, so that troops of all arms could pass everywhere, so far as the +snow permitted. Two of Napoleon's corps (Davout and Ney) were still +absent, and Ney did not receive his orders until the morning of the 8th. +His task was to descend upon the Russian right, and also to prevent a +Prussian corps under Lestocq from coming on to the battlefield. Davout's +corps advancing from the south-east on Mollwitten was destined for the +attack of Bennigsen's left wing about Serpallen and Klein Sausgarten. In +the meantime Napoleon with his forces at and about Eylau made the +preparations for the frontal attack. His infantry extended from the +windmill, through Eylau, to Rothenen, and the artillery was deployed +along the whole front; behind each infantry corps and on the wings stood +the cavalry. The Guard was in second line south of Eylau, and an army +reserve stood near the Waschkeiten lake. Bennigsen's army was drawn up +in line from Schloditten to Klein Sausgarten, the front likewise covered +by guns, in which arm he was numerically much superior. A detachment +occupied Serpallen. + +The battle opened in a dense snowstorm. About 8 A.M. Bennigsen's guns +opened fire on Eylau, and after a fierce but undecided artillery fight +the French delivered an infantry attack from Eylau. This was repulsed +with heavy losses, and the Russians advanced towards the windmill in +force. Thereupon Napoleon ordered his centre, the VII. corps of Augéreau +to move forward from the church against the Russian front, the division +of St Hilaire on Augéreau's right participating in the attack. If we +conceive of this first stage of the battle as the action of the "general +advanced guard," Augéreau must be held to have overdone his part. The +VII. corps advanced in dense masses, but in the fierce snowstorm lost +its direction. St Hilaire attacked directly and unsupported; Augéreau's +corps was still less fortunate. Crossing obliquely the front of the +Russian line, as if making for Schloditten, it came under a _feu +d'enfer_ and was practically annihilated. In the confusion the Russian +cavalry charged with the utmost fury downhill and with the wind behind +them. Three thousand men only out of about fourteen thousand appeared at +the evening parade of the corps. The rest were killed, wounded, +prisoners or dispersed. The marshal and every senior officer was amongst +the killed and wounded, and one regiment, the 14th of the Line, cut off +in the midst of the Russians and refusing to surrender, fell almost to a +man. The Russian counterstroke penetrated into Eylau itself and Napoleon +himself was in serious danger. With the utmost coolness, however, he +judged the pace of the Russian advance and ordered up a battalion of the +Guard at the exact moment required. In the streets of Eylau the Guard +had the Russians at their mercy, and few escaped. Still the situation +for the French was desperate and the battle had to be maintained at all +costs. Napoleon now sent forward the cavalry along the whole line. In +the centre the charge was led by Murat and Bessières, and the Russian +horsemen were swept off the field. The Cuirassiers under D'Hautpoult +charged through the Russian guns, broke through the first line of +infantry and then through the second, penetrating to the woods of +Anklappen. + +[Illustration: Map of Eylau.] + +The shock of a second wave of cavalry broke the lines again, and though +in the final retirement the exhausted troopers lost terribly, they had +achieved their object. The wreck of Augéreau's and other divisions had +been reformed, the Guard brought up into first line, and, above all, +Davout's leading troops had occupied Serpallen. Thence, with his left in +touch with Napoleon's right (St Hilaire), and his right extending +gradually towards Klein Sausgarten, the marshal pressed steadily upon +the Russian left, rolling it up before him, until his right had reached +Kutschitten and his centre Anklappen. By that time the troops under +Napoleon's immediate command, pivoting their left on Eylau church, had +wheeled gradually inward until the general line extended from the +church to Kutschitten. The Russian army was being driven westward, when +the advance of Lestocq gave them fresh steadiness. The Prussian corps +had been fighting a continuous flank-guard action against Marshal Ney to +the north-west of Althof, and Lestocq had finally succeeded in +disengaging his main body, Ney being held up at Althof by a small +rearguard, while the Prussians, gathering as they went the fugitives of +the Russian army, hastened to oppose Davout. The impetus of these fresh +troops led by Lestocq and his staff-officer Scharnhorst was such as to +check even the famous divisions of Davout's corps which had won the +battle of Auerstädt single-handed. The French were now gradually forced +back until their right was again at Sausgarten and their centre on the +Kreege Berg. + +Both sides were now utterly exhausted, for the Prussians also had been +marching and fighting all day against Ney. The battle died away at +nightfall, Ney's corps being unable effectively to intervene owing to +the steadiness of the Prussian detachment left to oppose him, and the +extreme difficulty of the roads. A severe conflict between the Russian +extreme right and Ney's corps which at last appeared on the field at +Schloditten ended the battle. Bennigsen retreated during the night +through Schmoditten, Lestocq through Kutschitten. The numbers engaged in +the first stage of the battle may be taken as--Napoleon, 50,000, +Bennigsen, 67,000, to which later were added on the one side Ney and +Davout, 29,000, on the other Lestocq, 7000. The losses were roughly, +15,000 men to the French, 18,000 to the Allies, or 21 and 27% +respectively of the troops actually engaged. The French lost 5 eagles +and 7 other colours, the Russians 16 colours and 24 guns. + + + + +EYRA (_Felis eyra_), a South American wild cat, of weasel-like build, +and uniform coloration, varying in different individuals from +reddish-yellow to chestnut. It is found in Brazil, Guiana and Paraguay, +and extends its range to the Rio del Norte, but is rare north of the +isthmus of Panama. Little is known of its habits in a wild state, beyond +the fact that it is a forest-dweller, active in movement and fierce in +disposition. Several have been exhibited in the London Zoological +Gardens, and some have grown gentle in captivity. Don Felix de Azara +wrote of one which he kept on a chain that it was "as gentle and playful +as any kitten could be." The name is sometimes applied to the +jaguarondi. + + + + +EYRE, EDWARD JOHN (1815-1901), British colonial governor, the son of a +Yorkshire clergyman, was born on the 5th of August 1815. He was intended +for the army, but delays having arisen in producing a commission, he +went out to New South Wales, where he engaged in the difficult but very +necessary undertaking of transporting stock westward to the new colony +of South Australia, then in great distress, and where he became +magistrate and protector of the aborigines, whose interests he warmly +advocated. Already experienced as an Australian traveller, he undertook +the most extensive and difficult journeys in the desert country north +and west of Adelaide, and after encountering the greatest hardships, +proved the possibility of land communication between South and West +Australia. In 1845 he returned to England and published the narrative of +his travels. In 1846 he was appointed lieutenant-governor of New +Zealand, where he served under Sir George Grey. After successively +governing St Vincent and Antigua, he was in 1862 appointed +acting-governor of Jamaica and in 1864 governor. In October 1865 a negro +insurrection broke out and was repressed with laudable vigour, but the +unquestionable severity and alleged illegality of Eyre's subsequent +proceedings raised a storm at home which induced the government to +suspend him and to despatch a special commission of investigation, the +effect of whose inquiries, declared by his successor, Sir John Peter +Grant, to have been "admirably conducted," was that he should not be +reinstated in his office. The government, nevertheless, saw nothing in +Eyre's conduct to justify legal proceedings; indictments preferred by +amateur prosecutors at home against him and military officers who had +acted under his direction, resulted in failure, and he retired upon the +pension of a colonial governor. As an explorer Eyre must be classed in +the highest rank, but opinions are always likely to differ as to his +action in the Jamaica rebellion. He died on the 30th of November 1901. + + + + +EYRE, SIR JAMES (1734-1799), English judge, was the son of the Rev. +Thomas Eyre, of Wells, Somerset. He was educated at Winchester College +and at St John's College, Oxford, which, however, he left without taking +a degree. He was called to the bar at Gray's Inn in 1755, and commenced +practice in the lord mayor's and sheriffs' courts, having become by +purchase one of the four counsel to the corporation of London. He was +appointed recorder of London in 1763. He was counsel for the plaintiff +in the case of _Wilkes_ v. _Wood_, and made a brilliant speech in +condemnation of the execution of general search warrants. His refusal to +voice the remonstrances of the corporation against the exclusion of +Wilkes from parliament earned him the recognition of the ministry, and +he was appointed a judge of the exchequer in 1772. From June 1792 to +January 1793 he was chief commissioner of the great seal. In 1793 he was +made chief justice of the common pleas, and presided over the trials of +Horne Tooke, Thomas Crosfield and others, with great ability and +impartiality. He died on the 1st of July 1799 and was buried at +Ruscombe, Berkshire. + + See Howell, _State Trials_, xix. (1154--1155); Foss, _Lives of the + Judges_. + + + + +EYRIE, the alternative English form of the words Aerie or Aery, the +lofty nest of a bird of prey, especially of an eagle, hence any lofty +place of abode; the term is also used of the brood of the bird. The word +derives from the Fr. _aire_, of the same meaning, which comes from the +Lat. _area_, an open space, but was early connected with _aërius_, high +in the air, airy, a confusion that has affected the spelling of the +word. The forms "eyrie" or "eyry" date from a 17th century attempt to +derive the word from the Teutonic _ey_, an egg. + + + + +EZEKIEL ([Hebrew: Ihezkel], "God strengthens" or "God is strong"; Sept. +[Greek: Iezekiel]; Vulg. Ezechiel), son of Buzi, one of the most +vigorous and impressive of the older Israelite thinkers. He was a priest +of the Jerusalem temple, probably a member of the dominant house of +Zadok, and doubtless had the literary training of the cultivated +priesthood of the time, including acquaintance with the national +historical, legal and ritual traditions and with the contemporary +history and customs of neighbouring peoples. In the year 597 (being +then, probably, not far from thirty years of age) he was carried off to +Babylonia by Nebuchadrezzar with King Jehoiachin and a large body of +nobles, military men and artisans, and there, it would seem, he spent +the rest of his life. His prophecies are dated from this year ("our +captivity," xl. 1), except in i. 1, where the meaning of the date +"thirtieth year" is obscure; it cannot refer to his age (which would be +otherwise expressed in Hebrew), or to the reform of Josiah, 621 (which +is not elsewhere employed as an epoch); possibly the reference is to the +era of Nabopolassar (626 according to the Canon of Ptolemy), if +chronological inexactness be supposed (34 or 33 years instead of 30), a +supposition not at all improbable. That the word "thirtieth" is old, +appears from the fact that a scribe has added a gloss (vv. 2, 3) to +bring this statement into accord with the usual way of reckoning in the +book: the "thirtieth" year, he explains, is the fifth year of the +captivity of Jehoiachin. The exiles dwelt at Tell-abib ("Hill of the +flood"), one of the mounds or ruins made by the great floods that +devastated the country,[1] near the "river" Chebar (Kebar), probably a +large canal not far south of the city of Babylon. Here they had their +own lands, and some form of local government by elders, and appear to +have been prosperous and contented; probably the only demand made on +them by the Babylonian government was the payment of taxes. + +Ezekiel was married (xxiv. 18), had his own house, and comported himself +quietly as a Babylonian subject. But he was a profoundly interested +observer of affairs at home and among the exiles: as patriot and +ethical teacher he deplored alike the political blindness of the +Jerusalem government (King Zedekiah revolted in 588) and the immorality +and religious superficiality and apostasy of the people. He, like +Jeremiah, was friendly to Nebuchadrezzar, regarding him as Yahweh's +instrument for the chastisement of the nation. Convinced that opposition +to Babylonian rule was suicidal, and interpreting historical events, in +the manner of the times, as indications of the temper of the deity, he +held that the imminent political destruction of the nation was proof of +Yahweh's anger with the people on account of their moral and religious +depravity; Jerusalem was hopelessly corrupt and must be destroyed +(xxiv.). On the other hand, he was equally convinced that, as his +predecessors had taught (Hos. xi. 8, 9; Isa. vii. 3 al.), Yahweh's love +for his people would not suffer them to perish utterly--a remnant would +be saved, and this remnant he naturally found in the exiles in +Babylonia, a little band plucked from the burning and kept safe in a +foreign land till the wrath should have passed (xi. 14 ff.). This +conception of the exiles as the kernel of the restored nation he further +set forth in the great vision of ch. i., in which Yahweh is represented +as leaving Jerusalem and coming to take up his abode among them in +Babylonia for a time, intending, however, to return to his own city +(xliii. 7). + +This, then, was Ezekiel's political creed--destruction of Jerusalem and +its inhabitants, restoration of the exiles, and meantime submission to +Babylon. His arraignment of the Judeans is violent, almost malignant +(vi. xvi. al.). The well-meaning but weak king Zedekiah he denounces +with bitter scorn as a perjured traitor (xvii). He does not discuss the +possibility of successful resistance to the Chaldeans; he simply assumes +that the attempt is foolish and wicked, and, like other prophets, he +identifies his political programme with the will of God. Probably his +judgment of the situation was correct; yet, in view of Sennacherib's +failure at Jerusalem in 701 and of the admitted strength of the city, +the hope of the Jewish nobles could not be considered wholly unfounded, +and in any case their patriotism (like that of the national party in the +Roman siege) was not unworthy of admiration. The prophet's predictions +of disaster continued, according to the record, up to the investment of +the city by the Chaldean army in 588 (i.-xxiv.); after the fall of the +city (586) his tone changed to one of consolation (xxxiii.-xxxix.)--the +destruction of the wicked mass accomplished, he turned to the task of +reconstruction. He describes the safe and happy establishment of the +people in their own land, and gives a sketch of a new constitution, of +which the main point is the absolute control of public religion by the +priesthood (xl.-xlviii.). + +The discourses of the first period (i.-xxiv.) do not confine themselves +to political affairs, but contain much interesting ethical and religious +material. The picture given of Jerusalemite morals is an appalling one. +Society is described as honeycombed with crimes and vices; prophets, +priests, princes and the people generally are said to practise +unblushingly extortion, oppression, murder, falsehood, adultery (xxii.). +This description is doubtless exaggerated. It may be assumed that the +social corruption in Jerusalem was such as is usually found in wealthy +communities, made bolder in this case, perhaps, by the political unrest +and the weakness of the royal government under Zedekiah. No such charges +are brought by the prophet against the exiles, in whose simple life, +indeed, there was little or no opportunity for flagrant violation of +law. Ezekiel's own moral code is that of the prophets, which insists on +the practice of the fundamental civic virtues. He puts ritual offences, +however, in the same category with offences against the moral law, and +he does not distinguish between immorality and practices that are +survivals of old recognized customs: in ch. xxii. he mentions "eating +with the blood"[2] along with murder, and failure to observe ritual +regulations along with oppression of the fatherless and the widow; the +old customary law permitted marriage with a half-sister (father's +daughter), with a daughter-in-law, and with a father's wife (Gen. xx. +12, xxxviii. 26; 2 Sam. xvi. 21, 22), but the more refined feeling of +the later time frowned on the custom, and Ezekiel treats it as +adultery.[3] However, notwithstanding the insistence on ritual, natural +in a priest, his moral standard is high; following the prescription of +Ex. xxii. 21 [20] he regards oppression of resident aliens (a class that +had not then received full civil rights) as a crime (xxii. 7), and in +his new constitution (xlvii. 22, 23) gives them equal rights with the +homeborn. His strongest denunciation is directed against the religious +practices of the time in Judea--the worship of the Canaanite local +deities (the Baals), the Phoenician Tammuz, and the sun and other +Babylonian and Assyrian gods (vi., viii., xvi., xxiii.); he maintained +vigorously the prophetic struggle for the sole worship of Yahweh. +Probably he believed in the existence of other gods, though he does not +express himself clearly on this point; in any case he held that the +worship of other deities was destructive to Israel. His conception of +Yahweh shows a mingling of the high and the low. On the one hand, he +regards him as supreme in power, controlling the destinies of Babylonia +and Egypt as well as those of Israel, and as inflexibly just in dealing +with ordinary offences against morality. But he conceives of him, on the +other hand, as limited locally and morally--as having his special abode +in. the Jerusalem temple, or elsewhere in the midst of the Israelite +people, and as dealing with other nations solely in the interests of +Israel. The bitter invectives against Ammon, Moab, Edom, Philistia, +Tyre, Sidon and Egypt, put into Yahweh's mouth, are based wholly on the +fact that these peoples are regarded as hostile and hurtful to Israel; +Babylonia, though nowise superior to Egypt morally, is favoured and +applauded because it is believed to be the instrument for securing +ultimately the prosperity of Yahweh's people. The administration of the +affairs of the world by the God of Israel is represented, in a word, as +determined not by ethical considerations but by personal preferences. +There is no hint in Ezekiel's writings of the grandiose conception of +Isa. xl.-lv., that Israel's mission is to give the knowledge of +religious truth to the other nations of the world; he goes so far as to +say that Yahweh's object in restoring the fortunes of Israel is to +establish his reputation among the nations as a powerful deity (xxxvi. +20-23, xxxvii. 28, xxxix. 23). The prophet regards Yahweh's +administrative control as immediate: he introduces no angels or other +subordinate supernatural agents--the cherubs and the "men" of ix. 2 and +xl. 3 are merely imaginative symbols or representations of divine +activity. His high conception of God's transcendence, it may be +supposed, led him to ignore intermediary agencies, which are common in +the popular literature, and later, under the influence of this same +conception of transcendence, are freely employed. + +The relations between the writings of Ezekiel and those of Jeremiah is +not clear. They have so much in common that they must have drawn from +the same current bodies of thought, or there must have been borrowing in +one direction or the other. In one point, however,--the attitude toward +the ritual--the two men differ radically. The finer mind of the nation, +represented mainly by the prophets from Amos onward, had denounced +unsparingly the superficial non-moral popular cult. The struggle between +ethical religion and the current worship became acute toward the end of +the 7th century. There were two possible solutions of the difficulty. +The ritual books of our Pentateuch were not then in existence, and the +sacrificial cult might be treated with contempt as not authoritative. +This is the course taken by Jeremiah, who says boldly that God requires +only obedience (Jer. vii. 21 ff.). On the other hand the better party +among the priests, believing the ritual to be necessary, might undertake +to moralize it; of such a movement, begun by Deuteronomy, Ezekiel is the +most eminent representative. Priest and prophet, he sought to unify the +national religious consciousness by preserving the sacrificial cult, +discarding its abuses and vitalizing it ethically. The event showed that +he judged the situation rightly--the religious scheme announced by him, +though not accepted in all its details, became the dominant policy of +the later time, and he has been justly called "the father of Judaism." +He speaks as a legislator, citing no authority; but he formulates, +doubtless, the ideas and perhaps the practices of the Jerusalem +priesthood. His ritual code (xliii.-xlvi.), which in elaborateness +stands midway between that of Deuteronomy and that of the middle books +of the Pentateuch (resembling most nearly the code of Lev. xvii.-xxvi.) +shows good judgment. Its most noteworthy features are two. Certain +priests of idolatrous Judean shrines (distinguished by him as "Levites") +he deprives of priestly functions, degrading them to the rank of temple +menials; and he takes from the civil ruler all authority over public +religion, permitting him merely to furnish material for sacrifices. He +is, however, much more than a ritual reformer. He is the first to +express clearly the conception of a sacred nation, isolated by its +religion from all others, the guardian of divine law and the abode of +divine majesty. This kingdom of God he conceives of as moral: Yahweh is +to put his own spirit into the people,[4] creating in them a disposition +to obey his commandments, which are moral as well as ritual (xxxvi. 26, +27). The conception of a sacred nation controlled the whole succeeding +Jewish development; if it was narrow in its exclusive regard for Israel, +its intensity saved the Jewish religion to the world. + +_Text and Authorship._--The Hebrew text of the book of Ezekiel is not in +good condition--it is full of scribal inaccuracies and additions. Many +of the errors may be corrected with the aid of the Septuagint (e.g. the +430--390 + 40--of iv. 5, 6 is to be changed to 190), and none of them +affect the general thought. The substantial genuineness of the +discourses is now accepted by the great body of critics. The Talmudic +tradition (_Baba Bathra_ 14b) that the men of the Great Synagogue +"wrote" Ezekiel, may refer to editorial work by later scholars.[5] There +is no validity in the objections of Zunz (_Gottesdienstl. Vortr._) that +the specific prediction concerning Zedekiah (xii. 12 f.) is +non-Prophetic, and that the drawing-up of a new constitution soon after +the destruction of the city and the mention of Noah, Daniel, Job and +Persia are improbable. The prediction in question was doubtless added by +Ezekiel after the event; the code belongs precisely in his time, and the +constitution was natural for a priest; Noah, Daniel and Job are old +legendary Hebrew figures; and it is not probable that the prophet's +"Paras" is our "Persia." Havet's contention (in _La Modernité des +prophètes_) that Gog represents the Parthians (40 B.C.) has little or +nothing in its support. There are additions made _post eventum_, as in +the case mentioned above and in xxix. 17-20, and the description of the +commerce of Tyre (xxvii. 9b-25a), which interrupts the comparison of the +city to a ship, looks like an insertion whether by the prophet or by +some other; but there is no good reason to doubt that the book is +substantially the work of Ezekiel. Ezekiel's style is generally +impetuous and vigorous, somewhat smoother in the consolatory discourses +(xxxiv., xxxvi., xxxvii.); he produces a great effect by the cumulation +of details, and is a master of invective; he is fond of symbolic +pictures, proverbs and allegories; his "visions" are elaborate literary +productions, his prophecies show less spontaneity than those of any +preceding prophet (he receives his revelations in the form of a book, +ii. 9), and in their present shape were hardly pronounced in public--a +fact that seems to be hinted at in the statement that he was "dumb" till +the fall of Jerusalem (iii. 26, xxxiii. 22); in private interviews the +people did not take him seriously (xxxiii. 30-33). His book was accepted +early as part of the sacred literature: Ben-Sira (c. 180 B.C.) mentions +him along with Isaiah and Jeremiah (Ecclus. xlix. 8); he is not quoted +directly in the New Testament, but his imagery is employed largely in +the Apocalypse and elsewhere. His divergencies from the Pentateuchal +code gave rise to serious doubts, but, after prolonged study, the +discrepancies were explained, and the book was finally canonized (Shab. +13b). According to Jerome (Preface to _Comm. on Ezek._) the Jewish +youth were forbidden to read the mysterious first chapter (called the +_markaba_, the "chariot") and the concluding section (xl.-xlviii.) till +they reached the age of thirty years. + + The book divides itself naturally into three parts: the arraignment of + Jerusalem (i.-xxiv.); denunciation of foreign enemies (xxv.-xxxii.); + consolatory construction of the future (xxxiii.-xlviii.). The opening + "vision" (i.), an elaborate symbolic picture, is of the nature of a + general preface, and was composed probably late in the prophet's life. + Out of the north (the Babylonian sacred mountain) comes a bright + cloud, wherein appear four Creatures (formed on the model of + Babylonian composite figures), each with four faces (man, lion, bull, + eagle) and attended by a wheel; the wheels are full of eyes, and move + straight forward, impelled by the spirit dwelling in the Creatures + (the spirit of Yahweh). Supported on their heads is something like a + crystalline firmament, above which is a form like a sapphire throne + (cf. Ex. xxiv. 10), and on the throne a man-like form (Yahweh) + surrounded by a rainbow brightness. The wheels symbolize divine + omniscience and control, and the whole vision represents the coming of + Yahweh to take up his abode among the exiles. The prophet then + receives his call (ii., iii.) in the shape of a roll of a book, which + he is required to eat (an indication of the literary form now taken by + prophecy). He is informed that the people to whom he is sent are + rebellious and stiff-necked (this indicates his opinion of the people, + and gives the keynote of the following discourses); he is appointed + watchman to warn men when they sin, and is to be held responsible for + the consequences if he fail in this duty. To this high conception of a + preacher's function the prophet was faithful throughout his career. + Next follow minatory discourses (iv.-vii.) predicting the siege and + capture of Jerusalem-perhaps revised after the event. There are + several symbolic acts descriptive of the siege. One of these (iv. 4 + ff.) gives the duration of the national punishment in loose + chronological reckoning: 40 years (a round number) for Judah, and 150 + more (according to the corrected text) for Israel, the starting-point, + probably, being the year 722, the date of the capture of Samaria; the + procedure described in v. 8 is not to be understood literally. In vi. + the idolatry of the nation is pictured in darkest colours. Next + follows (viii.-xi.) a detailed description, in the form of a vision, + of the sin of Jerusalem: within the temple-area elders and others are + worshipping beast-forms, Tammuz and the sun (probably actual cults of + the time); [6] men approach to defile the temple and slay the + inhabitants of the city (ix.). In ch. x. the imagery of ch. i. + reappears, and the Creatures are identified with the cherubs of + Solomon's temple. This appears to be an independent form of the + vision, which has been brought into connexion with that of i. by a + harmonizing editor. There follow a symbolic prediction of the exile + (xii.) and a denunciation of non-moral prophets and prophetesses + (xiii.)--though Yahweh deceive a prophet, yet he and those who consult + him will be punished; and so corrupt is the nation that the presence + of a few eminently good men will not save it (xiv.).[7] After a + comparison of Israel to a worthless wild vine (xv.) come two + allegories, one portraying idolatrous Jerusalem as the unfaithful + spouse of Yahweh (xvi.), the other describing the fate of Zedekiah + (xvii.). The fine insistence on individual moral responsibility in + xviii. (cf. Deut. xxiv. 16, Jer. xxxi. 29 f.), while it is a protest + against a superficial current view, is not to be understood as a + denial of all moral relations between successive generations. This + latter question had not presented itself to the prophet's mind; his + object was simply to correct the opinion of the people that their + present misfortunes were due not to their own faults but to those of + their predecessors. A more sympathetic attitude appears in two elegies + (xix.), one on the kings Jehoahaz and Jehoiachin, the other on the + nation. These are followed by a scathing sketch of Israel's religious + career (xx. 1-26), in which, contrary to the view of earlier prophets, + it is declared that the nation had always been disobedient. From this + point to the end of xxiv. there is a mingling of threat and + promise.[8] The allegory of xxiii. is similar to that of xvi., except + that in the latter Samaria is relatively treated with favour, while in + the former it (Aholah) is involved in the same condemnation as that of + Jerusalem. At this point is introduced (xxv.-xxxii.) the series of + discourses directed against foreign nations. The description of the + king of Tyre (xxviii. 11-19) as dwelling in Eden, the garden of God, + the sacred mountain, under the protection of the cherub, bears a + curious resemblance to the narrative in Gen. ii., iii., of which, + however, it seems to be independent, using different Babylonian + material; the text is corrupt. The section dealing with Egypt is one + of remarkable imaginative power and rhetorical vigour: the king of + Egypt is compared to a magnificent cedar of Lebanon (in xxxi. 3 read: + "there was a cedar in Lebanon") and to the dragon of the Nile, and the + picture of his descent into Sheol is intensely tragic. Whether these + discourses were all uttered between the investment of Jerusalem and + its fall, or were here inserted by Ezekiel or by a scribe, it is not + possible to say. In xxxiii. the function of the prophet as watchman is + described at length (expansion of the description in iii.) and the + news of the capture of the city is received. The following chapters + (xxxiv.-xxxix.) are devoted to reconstruction: Edom, the detested + enemy of Israel, is to be crushed; the nation, politically raised from + the dead, with North and South united (xxxvii.), is to be established + under a Davidide king; a final assault, made by Gog, is to be + successfully met,[9] and then the people are to dwell in their own + land in peace for ever; this Gog section is regarded by some as the + beginning of Jewish apocalyptic writing. In the last section + (xl.-xlviii.), put as a vision, the temple is to be rebuilt, in + dimensions and arrangements a reproduction of the temple of Solomon + (cf. I Kings vi., vii.), the sacrifices and festivals and the + functions of priests and prince are prescribed, a stream issuing from + under the temple is to vivify the Dead Sea and fertilize the land + (this is meant literally), the land is divided into parallel strips + and assigned to the tribes. The prophet's thought is summed up in the + name of the city: _Yahweh Shammah_, "Yahweh is there," God dwelling + for ever in the midst of his people. + + LITERATURE.--For the older works see the _Introductions_ of J.G. + Carpzov (1757) and C.H.H. Wright (1890). For _legends_: + Pseud.-Epiphan., _De vit. prophet._; Benjamin of Tudela, Itin.; + Hamburger, _Realencycl._; _Jew. Encycl._ On the Hebrew text; C.H. + Cornill, _Ezechiel_ (1886) (very valuable for text and ancient + versions); H. Graetz, _Emendationes_ (1893).; C.H. Toy, "Text of + Ezek." (1899) in Haupt's _Sacred Books of the Old Test._ Commentaries: + F. Hitzig (1847); H. Ewald (1868); E. Reuss (French ed., 1876; Germ, + ed., 1892); Currey (1876) in _Speaker's Comm._; R. Smend (revision of + Hitzig) (1880) in _Kurzgefasst. exeget. Handbuch_; A.B. Davidson + (1882) in Cambr. _Bible for Schools_; J. Skinner (1895) in _Expos. + Bible_; A. Bertholet (1897) in Marti's _Kurz. Hand-Comm._; C.H. Toy + (1899) in Haupt's _Sacr. Bks._ (Eng. ed.); R. Kraetzschmar (1900) in + W. Nowack's _Handkommentar_. See also Duhm, _Theol. d. Propheten_ + (1875); A. Kuenen, _Prophets and Prophecy_ (1877); Gautier, _La + Mission du prophète Ezéchiel_ (1891); Montefiore, _Hibbert Lectures_ + (1892); A. Bertholet, _Der Verfassungsentwurf des Hesekiel_ (1896); + articles in Herzog-Hauck, _Realencykl._; Hastings, _Bibl. Dict._; + Cheyne, _Encycl. Bibl., Jew. Encycl._; F. Bleek, _Introd._ (Eng. tr., + 1875), and Bleek-Wellhausen (Germ.) (1878); Wildeboer, _Letterkunde d. + Oud. Verbonds_ (1893), and Germ, transl., _Litt. d. Alt. Test._; + Perrot and Chipiez, _Hist. de l'art_, &c., in which, however, the + restoration of Ezekiel's temple (by Chipiez) is probably + untrustworthy. (C. H. T.*) + + +FOOTNOTES: + + [1] The Assyrian term _abubu_ is used of the great primeval deluge + (in the Gilgamesh epic), and also of the local floods common in the + country. + + [2] So we must read (as Robertson Smith has pointed out) in xxii. 9 + and xviii. 6, instead of "eating on the mountains." + + [3] The stricter marriage law is formulated in Lev. xviii. 8-15, xx. + 11 ff. + + [4] Yahweh's spirit, thought of as Yahweh's vital principle, as man's + spirit is man's vital principle, is to be breathed into them, as, in + Gen. ii. 7, Yahweh breathes his own breath into the lifeless body. + The spirit in the Old Testament is a refined material thing that may + come or be poured out on men. + + [5] The "Great Synagogue" is semi-mythical. + + [6] In viii. 17 the unintelligible expression "they put the branch to + their nose" is the rendering of a corrupt Hebrew text; a probable + emendation is: "they are sending a stench to my nostrils." + + [7] The legendary figure of Daniel (xiv. 14) is later taken by the + author of the book of Daniel as his hero. + + [8] For a reconstruction of the poem in xxi. 10, 11, see the English + Ezekiel in Haupt's _Sacred Books_. + + [9] Gog probably represents a Scythian horde (though such an invasion + never took place)--certainly not Alexander the Great, who would have + been called "king of Greece," and would have been regarded not as an + enemy but as a friend. + + + + +EZRA (from a Hebrew word meaning "help"), in the Bible, the famous +scribe and priest at the time of the return of the Jews in the reign of +the Persian king Artaxerxes I. (458 B.C.). His book and that of Nehemiah +form one work (see EZRA AND NEHEMIAH, BOOKS OF), apart from which we +have little trustworthy evidence as to his life. Even in the beginning +of the 2nd century B.C., when Ben Sira praises notable figures of the +exilic and post-exilic age (Zerubbabel, Jeshua and Nehemiah), Ezra is +passed over (Ecclesiasticus xlix. 11-13), and he is not mentioned in a +still later and somewhat fanciful description of Nehemiah's work (2 +Macc. i. 18-36). Already well known as a scribe, Ezra's labours were +magnified by subsequent tradition. He was regarded as the father of the +scribes and the founder of the Great Synagogue. According to the +apocryphal fourth book of Ezra (or 2 Esdras xiv.) he restored the law +which had been lost, and rewrote all the sacred records (which had been +destroyed) in addition to no fewer than seventy apocryphal works. The +former theory recurs elsewhere in Jewish tradition, and may be +associated with the representation in Ezra-Nehemiah which connects him +with the law. But the story of his many literary efforts, like the more +modern conjecture that he closed the canon of the Old Testament, rests +upon no ancient basis. + + See BIBLE, sect. Old Testament (Canon and Criticism); JEWS (history, + §21 seq.). The apocryphal books, called 1 and 2 Esdras (the Greek form + of the name) in the English Bible, are dealt with below as EZRA, THIRD + BOOK OF, and EZRA, FOURTH BOOK OF, while the canonical book of Ezra is + dealt with under EZRA AND NEHEMIAH. + + + + +EZRA, THIRD BOOK OF [1 _Esdras_]. The titles of the various books of the +Ezra literature are very confusing. The Greek, the Old Latin, the +Syriac, and the English Bible from 1560 onwards designate this book as +1 Esdras, the canonical books Ezra and Nehemiah being 2 Esdras in the +Greek. In the Vulgate, however, our author was, through the action of +Jerome, degraded into the third place and called 3 Esdras, whereas the +canonical books _Ezra_ and _Nehemiah_ (see EZRA AND NEHEMIAH, BOOKS OF, +below) were called 1 and 2 Esdras, and the Apocalypse of Ezra 4 Esdras. +Thus the nomenclature of our book follows, and possibly wrongly, the +usage of the Vulgate.[1] In the Ethiopic version a different usage +prevails. The Apocalypse is called 1 Esdras, our author 2 Esdras, and +Ezra and Nehemiah 3 Esdras, or 3 and 4 Esdras. Throughout this article +we shall use the best attested designation of this book, i.e. 1 Esdras. + +_Contents._--With the exception of one original section, namely, that of +Darius and the three young men, our author contains essentially the same +materials as the canonical Ezra and some sections of 2 Chronicles and +Nehemiah. To the various explanations of this phenomenon we shall recur +later. The book may be divided as follows (the verse division is that of +the Cambridge LXX):-- + + Chap. i. = 2 Chron. xxxv. 1-xxxvi. 21.--Great passover of Josiah; his + death at Megiddo. His successors down to the destruction of Jerusalem + and the Captivity. (Verses i. 21-22 are not found elsewhere, though + the LXX of 2 Chron. xxxv. 20 exhibits a very distant parallel.) + + Chap. ii. 1-14 = Ezra i.--The edict of Cyrus. Restoration of the + sacred vessels through Sanabassar to Jerusalem. + + Chap. ii. 15-25 = Ezra iv. 6-24.--First attempt to rebuild the Temple: + opposition of the Samaritans. Decree of Artaxerxes: work abandoned + till the second year of Darius. + + Chap. iii. 1-v. 6.--This section is peculiar to our author. The + contest between the three pages waiting at the court of Darius and the + victory of the Jewish youth "Zerubbabel," to whom as a reward Darius + decrees the return of the Jews and the restoration of the Temple and + worship. Partial list of those who returned with "Joachim, son of + Zerubbabel." + + Chap. v. 7-70 = Ezra ii.-iv. 5.--List of exiles who returned with + Zerubbabel. Work on the Temple begun. Offer of the Samaritans' + co-operation rejected. Suspension of the work through their + intervention till the reign of Darius. + + Chap. vi. 1-vii. 9 = Ezra v. 1-vi. 18.--Work resumed in the second + year of Darius. Correspondence between Sisinnes and Darius with + reference to the building of the Temple. Darius' favourable decree. + Completion of the work by Zerubbabel. + + Chap. vii. 10-15 =Ezra vi. 19-22.--Celebration of the completion of + the Temple. + + Chap. viii. 1-ix. 36 = Ezra vii.-x.--Return of the exiles under Ezra. + Mixed marriages forbidden. + + Chap. ix. 37-55 = Nehemiah vii. 73-viii. 12.--The reading of the Law. + +Thus, apart from iii. 1-v. 3, which gives an account of the pages' +contest, the contents of the book are doublets of the canonical Ezra and +portions of 2 Chronicles and Nehemiah. The beginning of the book seems +imperfect, with its abrupt opening "And Josiah held the passover": its +conclusion is mutilated, as it breaks off in the middle of a sentence. +As Thackeray suggests, it probably continued the history of the feast of +Tabernacles described in Neh. viii.--a view that is supported by Joseph. +_Ant_. xi. 5. 5, "who describes that feast using an Esdras word [Greek: +epanorthôsis] and ... having hitherto followed Esdras as his authority +passes on to the Book of Nehemiah." + +_Claims to Canonicity._--It would seem that even greater value was +attached to 1 Esdras than to the Hebrew Ezra. (1) For in the best MSS. +(BA) it stands before 2 Esdras--the verbal translation of the Hebrew +Ezra and Nehemiah. (2) It is used by Josephus, who in fact does not seem +aware of the existence of 2 Esdras. (3) 1 Esdras is frequently quoted by +the Greek fathers--Clem. Alex., Origen, Eusebius, and by the +Latin--Tertullian, Cyprian, Augustine. The adverse judgment of the +church is due to Jerome, who, from his firm attachment to the Hebrew Old +Testament, declined to translate the "dreams" of 3 and 4 Esdras. This +judgment influenced alike the Council of Trent and the Lutheran church +in Germany; for Luther also refused to translate Esdras and the +Apocalypse of Ezra. + +_Origin and Relation to the Canonical Ezra._--Various theories have been +given as to the relation of the book and the canonical Ezra. + +1. Some scholars, as Keil, Bissell and formerly Schürer, regarded 1 +Esdras as a free compilation from the Greek of 2 Esdras (2 Chron. and +Ezra-Nehemiah). This theory has now given place to others more accordant +with the facts of the case. + +2. Others, as Ewald, _Hist. of Isr._ v. 126-128, and Thackeray in +Hastings' _Bible Dictionary_, assume a lost Greek version of Chronicles, +Ezra and Nehemiah, from which were derived 1 Esdras--a free redaction of +the former and 2 Esdras. Thackeray claims that we have "a satisfactory +explanation of the coincidences in translation and deviation from the +Hebrew in 1 Esdras and 2 Esdras, if we suppose both are to some extent +dependent on a lost Greek original." But later in the same article +Thackeray is compelled to modify this view and admit that 1 Esdras is +not a mere redaction of a no longer extant version of the canonical +books, but shows not only an independent knowledge of the Hebrew text +but also of a Hebrew text superior in not a few passages to the +Massoretic text, where 2 Esdras gives either an inaccurate version or a +version reproducing the secondary Massoretic text. + +3. Others like Michaelis, Trendelenburg, Pohlmann, Herzfeld, Fritzsche +hold it to be a direct and independent translation of the Hebrew. There +is much to be said in favour of this view. It presupposes in reality two +independent recensions of the Hebrew text, such as we cannot reasonably +doubt existed at one time of the Book of Daniel. Against this it has +been urged that the story of the three pages was written originally in +Greek (Ewald, Schürer, Thackeray). The only grounds for this theory are +the easiness of the Greek style and the paronomasia in iv. 62 [Greek: +hanesin kai haphesin]. But the former is no real objection, and the +latter may be purely accidental. On the other hand there are several +undoubted Semiticisms. Thus we have two instances Of the split relative +[Greek: ou] ... [Greek: autou] iii. 5; [Greek: ou] ... [Greek: ep' autô] +iv. 63 and the phrase pointed out by Fritzsche [Greek: ta dikaia poiei +apo pantôn] = [Hebrew: asa mishpat min]. It must, however, be admitted +that there are fewer Hebraisms in this section of the book than in the +rest. + +4. Sir H.H. Howorth in the treatises referred to at the close of this +article has shown cogent grounds for regarding 1 Esdras as the original +and genuine Septuagint translation, and 2 Esdras as probably that of +Theodotion. For this view he adduces among others the following grounds: +(i.) Its use by Josephus, who apparently was not acquainted with 2 +Esdras. (ii.) Its precedence of 2 Esdras in the great uncials. (iii.) +Its origin at a time when Chronicles, Ezra and Nehemiah formed a single +work. (iv.) Its preservation of a better Hebrew text in many instances +than 2 Esdras. (v.) The fact that 1 Esdras and the Septuagint of Daniel +go back to one and the same translator, as Dr Gwynn (_Dict. Christ. +Biog._ iv. 977) has pointed out (cf. 1 Esdr. vi. 31, and Dan. ii. 5). + +This contention of Howorth has been accepted by Nestle, Cheyne, +Bertholet, Ginsburg and other scholars, though they regard the question +of an Aramaic original of chapters iii. 1-v. 6 as doubtful. Howorth's +further claim that he has established the historical credibility of the +book as a whole and its chronological accuracy as against the canonical +Ezra has not as yet met with acceptance; but his arguments have not been +fairly met and answered. + +5. Volz (_Encyc. Bibl._ ii. 1490) thinks that the solution of the +problem is to be found in a different direction. The text is of unequal +value, and the inequalities are so great as to exclude the supposition +that the Greek version was produced _aus einem Guss._ iii. 1-v. 3 is an +independent narrative written originally in Greek and itself a composite +production, the praise of truth being an addition, vi. 1-vii. 15, ii. +15-25a is a fragment of an Aramaic narrative. Some in Josephus (_Ant._ +xi. 4. 9) an account of Samaritan intrigues is introduced immediately +after 1 Esdras vii. 15, it is natural to infer that something of the +same kind has fallen out between vi. and ii. 15-25. The Aramaic text +behind 1 Esdras here is better than that behind the canonical Ezra. +Next, viii.-ix. is from the Ezra document (= Ezra vii.-x.; Neh. vii. 73, +viii. 1 sqq.), though implying a different Hebrew text. ii. 1-15; v. +7-73; vii. 2-4, 6-15 are from the Chronicles: likewise i. is from 2 +Chron. xxxv.-vi., 2 Esdras being at the same time before the translator. + +_Date._--The book must be placed between 300 B.C. and A.D. 100, when +it was used by Josephus. It is idle to attempt any nearer limits until +definite conclusions have been reached on the chief problems of the +book. + +_MSS. and Versions._--The book is found in B and A. The latter seems to +have preserved the more ancient form of the text, as it is generally +that followed by Josephus. The Old Latin in two recensions is published +by Sabatier, _Bibliorum sacrorum Latinae versiones antiquae_, iii. +Another Latin translation is given in Lagarde (_Septuag. Studien_, ii., +1892). In Syriac the text is found only in the Syro-Hexaplar of Paul of +Tella (A.D. 616). See Walton's Polyglott. There is also an Ethiopic +version edited by Dillmann (_Bibl. Vet. Test. Aeth_. v., 1894) and an +Armenian. + + LITERATURE.--Exegesis: Fritzsche, _Exeget. Handb. zu den Apokr._ + (1851); Zöckler, _Die Apokryphen_, 155-161 (1891); Bissell in + Lange-Schaff's _Comm_. (1880); Lupton in _Speaker's Comm_. (1888); + Ball, notes to 1 Esdr. in the _Variorum Apocrypha_. Introduction and + critical Inquiries: Trendelenburg, "Apocr. Esra," in Eichhorn's + _Allgem. Bibl. der bibl. Litt._ i. 178-232 (1787); Pohlmann, "Über das + Ansehen der apokr. dritten Buchs Esras," in _Tübingen Theol. + Quartalschrift_, 257-275 (1859); Sir H. Howorth, "Character and + Importance of 1 Esdras," in the _Academy_ (1893), pp. 13, 60, 106, + 174, 326, 524; and further studies entitled "Some Unconventional Views + on the Text of the Bible," in the _Proceedings of the Society of + Biblical Archaeology_, 1901, pp. 147-159; 306-330, 1902, June and + November. (R. H. C.) + + +FOOTNOTE: + + [1] "At the Council of Trent (when the Septuagint Canon was virtually + accepted as authoritative), by a most curious aberration, Esdras iii. + and iv. and the Epistle of Manasseh were alone excluded from the + canon and remitted to our appendix."--Howorth, "Unconventional Views + on the Text of the Bible," in the _P.S.B.A._, 1901, p. 149. + + + + +EZRA, FOURTH BOOK (or APOCALYPSE) OF. This is the most profound and +touching of the Jewish Apocalypses. It stands in the relation of a +sister work to the Apocalypse of Baruch, but though the relation is so +close, they have many points of divergence. Thus, whereas the former +represents the ordinary Judaism of the 1st century of the Christian era, +the teaching of 4 Ezra on the Law, Works, Justification, Original Sin +and Free Will approximates to the school of Shammai and serves to +explain the Pauline doctrines on those subjects; but to this subject we +shall return. + +_Original Language and Versions._--In the Latin version our book +consists of sixteen chapters, of which, however, only iii.-xiv. are +found in the other versions. To iii.-xiv., accordingly, the present +notice is confined. After the example of most of the Latin MSS. we +designate the book 4 Ezra (see Bensly-James, _Fourth Book of Ezra_, pp. +xxiv-xxvii). In the First Arabic and Ethiopic versions it is called 1 +Ezra; in some Latin MSS. and in the English Authorized Version it is 2 +Ezra, and in the Armenian 3 Ezra. Chapters i.-ii. are sometimes called 3 +Ezra, and xv.-xvi. 5 Ezra. All the versions go back to a Greek text. +This is shown by the late Greek apocalypse of Ezra (Tischendorf, +_Apocalypses Apocryphae_, 1866, pp. 24-33), the author of which was +acquainted with the Greek of 4 Ezra; also by quotations from it in Barn, +iv. 4; xii. 1 = 4 Ezra xii. 10 sqq., v. 5; Clem. Alex. _Strom_. iii. 16 +(here first expressly cited) = 4 Ezra v. 35, &c. (see Bensly-James, _op. +cit._ pp. xxvii-xxxviii). The derivation of the Latin version from the +Greek is obvious when we consider its very numerous Graecisms. Thus the +genitive is found after the comparative (v. 13) _horum majora_; xi. 29 +_duorum capitum majus_, even the genitive absolute as in x. 9, the +double negative, _de_ and _ex_ with the genitive. Peculiar genders can +only be accounted for by the influence of the original forms in Greek, +as x. 23 _signaculum_ ([Greek: sphragis]) ... _tradita est_; xi. 4 +_caput_ ([Greek: kephalê]) ... _sed et ipsa_. In vi. 25 we have the +Greek attraction of the relative--_omnibus istis quibus praedixi tibi_. +In his _Messias Judaeorum_ (1869), pp. 36-110, Hilgenfeld has given a +reconstruction of the Greek text. Till 1896 only Ewald believed that 4 +Ezra was written originally in Hebrew. In that year Wellhausen (_Gött. +Gel. Anz._ pp. 12-13) and Charles (_Apoc. Bar._ p. lxxii) pointed out +that a Hebrew original must be assumed on various grounds; and this +view the former established in his _Skizzen u. Vorarbeiten_, vi. 234-240 +(1899). Of the numerous grounds for this assumption it will be necessary +only to adduce such constructions as "de quo me interrogas de eo," iv. +28, and xiii. 26, "qui per semet ipsum liberabit" (= [Hebrew: asher bo]) += "through whom he will deliver," or to point to such a mistranslation +as vii. 33, "longanimitas congregabitur," where for "congregabitur" (= +[Hebrew: yeasef]) we require "evanescet," which is another and the +actual meaning of the Hebrew verb in this passage. The same +mistranslation is found in the Vulgate in Hosea iv. 3. Gunkel has +adopted this view in his German translation of the book in Kautzsch's +_Apok. und Pseud, des A. Testaments_, ii. 332-333, and brought forward +in confirmation the following remarkable instance in viii. 23, where +though the Latin, Syriac, Ethiopic, Arabic and Armenian Versions read +_testificatur_, the Second Arabic version and the Apostolic +Constitutions have [Greek: menei eis ton aiôna], which are to be +explained as translations of [Hebrew: (lieh) emdat la'ad]. Another +interesting case is found in xiv. 3, where the Latin and all other +versions but Arabic[2] read _super rubum_ and the Arabic[2] _in monte +Sinai_. Here there is a corruption of [Hebrew: sneh] "bush" into +[Hebrew: sinai] "Sinai." + + _Latin Version._--All the older editions of this version, as those of + Fabricius, Sabatier, Volkmar, Hilgenfeld, Fritzsche, as well as in the + older editions of the Bible, are based ultimately on only one MS., the + Codex Sangermanensis (written A.D. 822), as Gildemeister proved in + 1865 from the fact that the large fragment between verses 36 and 37 in + chapter vii., which is omitted in all the above editions, originated + through the excision of a leaf in this MS. A splendid edition of this + version based on MSS. containing the missing fragment, which have been + subsequently discovered, has been published by Bensly-James, op. cit. + This edition has taken account of all the important MSS. known, save + one at Leon in Spain. + + _Syriac Version._--This version, found in the Ambrosian Library in + Milan, was translated into Latin by Ceriani, _Monumenta sacra et + profana_, II. ii. pp. 99-124 (1866). Two years later this scholar + edited the Syriac text, op. cit. V. i. pp. 4-111, and in 1883 + reproduced the MS. by photo-lithography (_Translatio Syra Peshitto + V.T._ II. iv. pp. 553-572). Hilgenfeld incorporated Ceriani's Latin + translation in his _Messias Judaeorum_. This translation needs + revision and correction. + + _Ethiopic Version._--First edited and translated by Laurence, _Primi + Ezrae libri versio Aethiopica_ (1820). Laurence's Latin translation + was corrected by Praetorius and reprinted in Hilgenfeld's _Messias + Judaeorum_. In 1894 Dillmann's text based on ten MSS. was + published--_V.T. Aeth. libri apocryphi_, v. 153-193. + + _Arabic Versions._--The First Arabic version was translated from a MS. + in the Bodleian Library into English by Ockley (in Whiston's Primitive + Christianity, vol. iv. 1711). This was done into Latin and corrected + by Steiner for Hilgenfeld's _Mess. Jud._ The Second Arabic version, + which is independent of the first, has been edited from a Vatican MS. + and translated into Latin by Gildemeister, 1877. + + _Armenian Version._--First printed in the Armenian Bible (1805). + Translated into Latin by Petermann for Hilgenfeld's Mess. Jud.; next + with Armenian text and English translation by Issaverdens in the + _Uncanonical Writings of the Old Testament_, pp. 488 sqq. (Venice, + 1901). + + _Georgian Version._--According to F.C. Conybeare an accurate Georgian + version made from the Greek exists in an 11th-century MS. at + Jerusalem. + + _Relation of the above Versions._--These versions stand in the order + of worth as follows: Latin, Syriac, Ethiopic. The remaining versions + are paraphrastic and less accurate, and are guilty of additions and + omissions. All the versions, save the Second Arabic one, go back to + the same Greek version. The Second Arabic version presupposes a second + Greek version. + + _Modern Versions._--All the English versions are now antiquated, + except those in the Variorum Apocrypha and the Revised Version of the + Apocrypha, and even these are far from satisfactory. Similarly, all + the German versions are behindhand, except the excellent version of + Gunkel in _Apok. u. Pseud._ ii. 252-401, which, however, needs + occasional correction. + +_Contents._--The book (iii.-xiv.) consists of seven visions or parts, +like the apocalypse of Baruch. They are: (1) iii. 1-v. 19; (2) v. 20-vi. +34; (3) vi. 35-ix. 25; (4) ix. 26-x. 60; (5) xi. 1-xii. 51; (6) xiii.; +(7) xiv. These deal with (1) religious problems and speculations and (2) +eschatological questions. The first three are devoted to the discussion +of religious problems affecting in the main the individual. The +presuppositions underlying these are in many cases the same as those in +the Pauline Epistles. The next three visions are principally concerned +with eschatological problems which relate to the nation. The seventh +vision is a fragment of the Ezra Saga recounting the rewriting of the +Scriptures, which had been destroyed. This has no organic connexion with +what precedes. + + _First Vision._ iii.-v. 19.--"In the thirtieth year after the ruin of + the city I Salathiel (the same is Ezra) was in Babylon and lay + troubled upon my bed." In a long prayer Ezra asks how the desolation + of Sion and the prosperity of Babylon can be in keeping with the + justice of God. The angel Uriel answers that God's ways are + unsearchable and past man's understanding. When Ezra asks when the end + will be and what are the signs of it, the angel answers that the end + is at hand and enumerates the signs of it. + + _Second Vision._ v. 14-vi. 34.--Phaltiel, chief of the people, + reproaches Ezra for forsaking his flock. Ezra fasts, and in his prayer + asks why God had given up his people into the hands of the heathen. + Uriel replies: "Lovest thou that people better than He that made + them?" Man cannot find out God's judgment. The end is at hand; its + signs are recounted. + + _Third Vision._ vi. 35-ix. 25.--Ezra recounts the works of creation, + and asks why Israel does not possess the world since the world was + made for Israel. The answer is that the present state is a necessary + stage to the coming one. Then follows an account of the Messianic age + and the resurrection: the punishment of the wicked and the blessings + of the righteous. There can be no intercession for the departed. Few + will be saved--only as it were a grape out of a cluster or a plant out + of a forest. + + _Fourth Vision._ ix. 26-x. 60.--Ezra eats of herbs in the field of + Ardat, and sees in a vision a woman mourning for her only son. Ezra + reminds her of the greater desolation of Sion. Suddenly she is + transfigured and vanishes, and in her place appears a city. The woman, + Uriel explains, represents Sion. + + _Fifth Vision._ xi. i-xii. 39.--Vision of an eagle with three heads, + twelve wings and eight winglets, which is rebuked by a lion and + destroyed. The eagle is the fourth kingdom seen by Daniel, and the + lion is the Messiah. + + _Sixth Vision._ xiii.--Vision of a man (i.e. the Messiah) arising from + the sea, who destroys his enemies who assemble against him, and + gathers to him another multitude, i.e. the lost Ten Tribes. + + _Seventh Vision._ xiv.--Ezra is told of his approaching translation. + He asks for the restoration of the Law, and is enabled by God to + dictate in forty days ninety-four books (the twenty-four canonical + books of the Old Testament that were lost, and seventy secret books + for the wise among the people). + + Ezra's translation is found in the Canon only in the Oriental + Versions. In the Latin it was omitted when xv.-xvi. were added. + +_Integrity._--According to Gunkel (_Apok. u. Pseud._ ii. 335-352) the +whole book is the work of one writer. Thus down to vii. 16 he deals with +the problem of the origin of suffering in the world, and from vii. 17 to +ix. 25 with the question who is worthy to share in the blessedness of +the next world. As regards the first problem the writer shows, in the +first vision, that suffering and death come from sin--no less truly on +the part of Israel than of all men, for God created man to be immortal; +that the end is nigh, when wrongs will be righted; God's rule will then +be recognized. In the second he emphasizes the consolation to be found +in the coming time, and in the third he speaks solely of the next world, +and then addresses himself to the second problem. The fourth, fifth and +sixth visions are eschatological. In these the writer turns aside from +the religious problems of the first three visions and concerns himself +only with the future national supremacy of Israel. Zion's glory will +certainly be revealed (vision four), Israel will destroy Rome (five) and +the hostile Gentiles (six). Then the book is brought to a close with the +legend of Ezra's restoration of the lost Old Testament Scriptures. + +In the course of the above work there are many inconsistencies and +contradictions. These Gunkel explains by admitting that the writer has +drawn largely on tradition, both oral and written, for his materials. +Thus he concedes that eschatological materials in v. 1-13, vi; 18-28, +vii. 26 sqq., also ix. 1 sqq., are from this source, and apparently from +an originally independent work, as Kabisch urges, but that it is no +longer possible to separate the borrowed elements from the text. Again, +in the four last visions he is obliged to make the same concession on a +very large scale. Vision four is based on a current novel, which the +author has taken up and put into an allegorical form. Visions five and +six are drawn from oral or written tradition, and relate only to the +political expectations of Israel, and seven is a reproduction of a +legend, for the independent existence of which evidence is furnished by +the quotations in Bensly-James pp. xxxvii-xxxviii. Thus the chief +champion of the unity of the book makes so many concessions as to its +dependence on previously existing sources that, to the student of +eschatology, there is little to choose between his view and that of +Kabisch. In fact, if the true meaning of the borrowed materials is to be +discovered, the sources must be disentangled. Hence the need of some +such analysis as that of Kabisch (_Das vierte Buck Ezra_, 1889): S = an +Apocalypse of Salathiel, c. A.D. 100, preserved in a fragmentary +condition, iii. 1-31, iv. 1-51, v. 13b-vi. 10, 30-vii. 25, vii. 45-viii. +62, ix. 13-x. 57, xii. 40-48, xiv. 28-35. E = an Ezra Apocalypse, c. 31 +B.C., iv. 52-v. 13a, vi. 13-28, vii. 26-44, viii. 63-ix. 12. A = an +Eagle Vision, c. A.D. 90, x. 60-xii. 35. M = a Son-of-Man Vision, xiii. +E^2 = an Ezra fragment, c. A.D. 100, xiv. 1-17a, 18-27, 36-47. All +these, according to Kabisch, were edited by a Zealot, c. 120, who +supplied the connecting links and made many small additions. In the main +this analysis is excellent. If we assume that the editor was also the +author of S, and that such a vigorous stylist, as he shows himself to +be, recast to some extent the materials he borrowed, there remains but +slight difference between the views of Kabisch and Gunkel. Neither view, +however, is quite satisfactory, and the problem still awaits solution. +Other attempts, such as Ewald's (_Gesch. d. Volkes Israel_[3], vii. +69-83) and De Faye's (_Apocalypses juives_, 155-165), make no +contribution. + +_School of the Author._--The author or final redactor of the book was a +pessimist, and herein his book stands in strong contrast with the +Apocalypse of Baruch. Thus to the question propounded in the New +Testament--"Are there few that be saved?" he has no hesitation in +answering, "There be many created, but few that be saved" (viii. 3): "An +evil heart hath grown up in us which hath led us astray ... and that not +a few only but wellnigh all that have been created" (vii. 48). In the +Apocalypse of Baruch on the other hand it is definitely maintained that +not a few shall be saved (xxi. 11). Moreover, the sufferings of the +wicked are so great in the next world it were better, according to 4 +Ezra (as also to the school of Shammai), that man had not been born. "It +is much better (for the beasts of the field) than for us; for they +expect not a judgment and know not of torments" (vii. 66): yet "it would +have been best not to have given a body to Adam, or that being done, to +have restrained him from sin; for what profit is there that man should +in the present life live in heaviness and after death look for +punishment" (vii. 116, 117). In iv. 12 the nexus of life, sin and +suffering just referred to, is put still more strongly: "It were better +we had not been at all than that we should be born and sin and +suffer."[1] The different attitude of these two writers towards this +question springs from their respective views on the question of free +will. The author of Baruch declares (iv. 15, 19): "For though Adam +sinned and brought untimely death upon all, yet of those who were born +from him each one of them prepared for his own soul torment to come, and +again each one of them has chosen for himself glories to come ... each +one of us has been the Adam of his own soul," Though the writer of Ezra +would admit the possibility of a few Israelites attaining to salvation +through the most strenuous endeavour, yet he holds that man is all but +predoomed through his original evil disposition or through the fall of +Adam (vii. 118). "O Adam, what hast thou done: for though it was thou +that sinned, the evil is not fallen on thee alone, but upon all of us +that come of thee." + +Another contrast between the two books is that while Baruch shows some +mercy to the Gentiles (lxxii. 4-6) in the Messianic period, none +according to 4 Ezra and the Shammaites (Toseph. _Sanh._ xiii. 2) will be +extended to them, (iii. 30, ix. 22 sq., xii. 34, xiii. 37 sq.). + +On the above grounds it is not unreasonable to conclude that whereas the +Apocalypse of Baruch owes its leading characteristics to a pupil of +Hillel's school, 4 Ezra shows just as clearly its derivation from that +of Shammai. Kohler (_Jewish Encyc._ v. 221) points out that the view of +4 Ezra that the Ten Tribes will return was held by the Shammaites, +whereas it was denied by Aqiba. The Apocalypse of Baruch is silent on +this point. + +_Time and Place._--The work was written towards the close of the 1st +century (iii. 1, 29), and somewhere in the east. + + LITERATURE.--In addition to the authorities mentioned above, see + Dillmann, Herzog's _Real-Encyk._[2] xii. 353 sqq.; Schürer, _Gesch. + des jüd. Volkes_[3], iii. 246 sqq.; and the articles on 4 Esdras in + Hastings' _Bible Dictionary_ and the _Encyclopaedia Biblica_ by + Thackeray and James respectively. (R. H. C.) + + +FOOTNOTE: + + [1] In the Apocalypse of Baruch, x. 6, we find a similar expression: + "Blessed is he who was not born, or being born has died." But here + death is said to be preferable to witnessing the present woes of + Jerusalem. + + + + +EZRA AND NEHEMIAH, BOOKS OF, in the Old Testament. The two canonical +books entitled Ezra and Nehemiah in the English Bibie[1] correspond to +the 1 and 2 Esdras of the Vulgate, to the 2 Esdras of the Septuagint, +and to the Ezra and Nehemiah of the Massoretic (Hebrew) text. Though for +many centuries they have thus been treated as separate compositions, we +have abundant evidence that they were anciently regarded as forming but +one book, and a careful examination proves that together with the book +of Chronicles they constitute one single work. The two books may +therefore be conveniently treated together. + +1. _Position and Date._--Origen (Euseb, _H.E._ vi. 25), expressly +enumerating the twenty-two books of the old covenant as acknowledged by +the Jews and accepted by the Christian church, names "the First and +Second Ezra in one book"; Melito of Sardis (Euseb. _H.E._ iv. 26) in +like manner mentions the book of Ezra only. So also the Talmud (in _Baba +bathra_, 14. 2), nor can it be supposed that Josephus in his enumeration +(c. _Ap._ i. 8) reckoned Nehemiah as apart from Ezra. That the Jews +themselves recognized no real separation is shown by the fact that no +Massoretic notes are found after Ezra x., but at the end of Nehemiah the +contents of both are reckoned together, and it is stated that Neh. iii. +22 is the middle verse of the book. Their position in the Hebrew Bible +_before_ the book of Chronicles is, however, illogical. The introductory +verses of Ezra i. are identical with the conclusion of 2 Chron. xxxvi., +whilst in the version of 1 Esdras no less than two chapters (2 Chron. +xxxv. sq.) overlap. The cause of the separation is probably to be found +in the late reception of Chronicles into the Jewish canon. Further proof +of the unity of the three is to be found in the general similarity of +style and treatment. The same linguistic criteria recur, and the +interest in lists and genealogies, in priests and Levites, and in the +temple service point unmistakably to the presence of the same hand (the +so-called "chronicler") in Chronicles-Ezra-Nehemiah. See BIBLE (sect. +Canon); CHRONICLES. + +The period of history covered by the books of Ezra and Nehemiah extends +from the return of the exiles under Zerubbabel in 537-536 B.C. to +Nehemiah's second visit to Jerusalem in 432 B.C. In their present form, +however, the books are considerably later, and allusions to Nehemiah in +the past (Neh. xii. 26, 47), to the days of Jaddua (the grandson of +Nehemiah's contemporary Joiada; ib. xii. 11), to Darius (Nothus 423 B.C. +or rather Codomannus 336 B.C., ib. v. 22), and the use of the term "king +of Persia," as a distinctive title after the fall of that empire (332 +B.C.), are enough to show that, as a whole, they belong to the same age +as the book of Chronicles. + +2. _Contents._--Their contents may be divided into four parts:-- + +(a) The events preceding the mission of Ezra (i.-vi.).--In the first +year of his reign Cyrus was inspired to grant a decree permitting the +Jews to return to build the temple in Jerusalem (i.); a list of families +is given (ii.). The altar of burnt-offering was set up, and in the +second year of the return the foundations of the new temple were laid +with great solemnity (iii.). The "adversaries of Judah and Benjamin" +offered to assist but were repulsed, and they raised such opposition to +the progress of the work that it ceased until the second year of Darius +(521-520 B.C.). Aroused by the prophets Haggai and Zechariah the +building was then resumed, and despite fresh attempts to hinder the work +it was completed, consecrated and dedicated in the sixth year of that +king (vi.). The event was solemnized by the celebration of the Passover +(cf. 2 Chron. xxx., Hezekiah; xxxv. Josiah). + +(b) An interval of fifty-eight years is passed over in silence, and the +rest of the book of Ezra comprises his account of his mission to +Jerusalem (vii.-x.). Ezra, a scribe of repute, well versed in the laws +of Moses, returns with a band of exiles in order to reorganize the +religious community. A few months after his arrival (seventh year of +Artaxerxes, 458 B.C.) he instituted a great religious reform, viz. the +prohibition of intermarriage with the heathen of the land (cf. already +vi. 21). In spite of some opposition (x. 15 obscurely worded) the reform +was accepted, and the foundations of a new community were laid. + +(c) Twelve years elapse before the return of Nehemiah, whose description +of his work is one of the most interesting pieces of Old Testament +narrative (Neh. i.-vi.). In the twentieth year of Artaxerxes (445 B.C.), +Nehemiah the royal cup-bearer at Shushan (Susa, the royal winter palace) +was visited by friends from Judah and was overcome with grief at the +tidings of the miserable condition of Jerusalem and the pitiful state of +the Judaean remnant which had escaped the captivity. He obtained +permission to return, and on reaching the city made a secret survey of +the ruins and called upon the nobles and rulers to assist in repairing +them. Much opposition was caused by Sanballat the Horonite (i.e. of the +Moabite Horonaim or Beth-horon, about 15 m. N.W. of Jerusalem), Tobiah +the Ammonite, Geshem (or Gashmu) the Arabian, and the Ashdodites, whose +virulence increased as the rebuilding of the walls continued. But +notwithstanding attempts upon the city and upon the life of Nehemiah, +and in spite of intrigues among certain members of the Judaean section, +in fifty-two days the city walls were complete (Neh. vi. 15). The +hostility, however, did not cease, and measures were taken to ensure the +safety of the city (vi. 16-vii. 4). A valuable account is given of +Nehemiah's economical reforms, illustrating the internal social +conditions of the period and the general character of the former +governors who had been placed in charge (v., cf. the laws codified in +Lev. xxv. 35 sqq.). + +(d) The remaining chapters carry on the story of the labours of _both_ +Ezra, and Nehemiah. The list of those who returned under the decree of +Cyrus is repeated (Neh. vii.), and leads up to the reading of the Law by +Ezra, a great national confession of guilt, and a solemn undertaking to +observe the new covenant, the provisions of which are detailed (x. +28-39). After sundry lists of the families dwelling in Jerusalem and its +neighbourhood (xi. 1 sqq., apparently a sequel to vii. 1-4),[2] and of +various priests and Levites, an account is given of the dedication of +the walls (xii. 27-43), the arrangements for the Levitical organization +(vv. 44-47), and a fresh separation from the heathen (Moabites and +Ammonites, xiii. 1-3; cf. Deut. xxiii. 3 seq.). The book concludes with +another extract from Nehemiah's memoirs dealing with the events of a +second visit, twelve years later (xiii. 4-31). On this occasion he +vindicated the sanctity of the temple by expelling Tobiah, reorganized +the supplies for the Levites, took measures to uphold the observance of +the Sabbath, and protested energetically against the foreign marriages. +In the course of his reforms he thrust out a son of Joiada (son of +Eliashib, the high-priest), who had married the daughter of Sanballat, +an incident which had an important result (see SAMARITANS). + +That these books are the result of compilation (like the book of +Chronicles itself) is evident from the many abrupt changes; the +inclusion of certain documents written in an Aramaic dialect (Ezr. iv. +8-vi. 18, vii. 12-26)[3]; the character of the name-lists; the lengthy +gaps in the history; the use made of two distinct sources, attributed to +Ezra and Nehemiah respectively, and from the varying form in which the +narratives are cast. The chronicler's hand can usually be readily +recognized. There are relatively few traces of it in Nehemiah's memoirs +and in the Aramaic documents, but elsewhere the sources are largely +coloured, if not written from the standpoint of his age. Examples of +artificial arrangement appear notably in Ezr. ii.-iii. 1 compared with +Neh. vii. 6-viii. 1 (first clause); in the present position of Ezr. iv. +6-23; and in the dislocation of certain portions of the two memoirs in +Neh. viii.-xiii. (see below). It should be noticed that the present +order of the narratives involves the theory that some catastrophe ensued +after Ezr. x. and before Neh. i.; that the walls had been destroyed and +the gates burnt down; that some external opposition (with which, +however, Ezra did not have to contend) had been successful; that the +main object of Ezra's mission was delayed for twelve years, and, +finally, that only through Nehemiah's energy was the work of social and +religious reorganization successful. These topics raise serious +historical problems (see JEWS: _History_, § 21). + +3. _Criticism of Ezra i.-vi._--The chronicler's account of the +destruction of Jerusalem, the seventy years' interval (2 Chron. xxxvi. +20 sq.; cf. Jer. xxv. 11, xxix. 10, also Is. xxiii. 17), and the return +of 42,360 of the exiles (Ezr. ii. 64 sqq.) represent a special view of +the history of the period. The totals, as also the detailed figures, in +Ezr., Neh. and 1 Esdr. v. vary considerably; the number is extremely +large (contrast Jer. lii. 30); it includes the common people (contrast 2 +Kings xxiv. 14, xxv. 12), and ignores the fact that Judah was not +depopulated, that the Jews were carried off to other places besides +Babylon and that many remained behind in Babylon. According to this +view, Judah and Jerusalem were practically deserted until the return. +The list in Ezr. ii. is that of families which returned "every man unto +his city" under twelve leaders (including Nehemiah, Azariah [cf. Ezra], +Zcrubbabel and Jeshua); it recurs with many variations in a different +and apparently more original context in Neh. vii., and in 1 Esdr. v. is +ascribed to the time of Darius. The families (to judge from the +northwards extension of Judaean territory) are probably those of the +population in the later Persian period, hardly those who returned to the +precise homes of their ancestors (see C.F. Kent, Israel's _Hist. and +Biogr. Narratives_, p. 379). The offerings which are for the +temple-service in Neh. vii. 70-72 (cf. 1 Chron. xxix. 6-8) are for the +building of the temple in Ezr. ii. 68-70; and since the walls are not +yet built, the topographical details in Neh. viii. 1 (see 1 Esdr. v. 47) +are adjusted, and the event of the seventh month is not the reading of +the Law amid the laments of the people (Neh. viii.; see _vv._ 9-11) but +the erection of the altar by Jeshua and Zerubbabel under inauspicious +circumstances (cf. Ezr. iii. 3 with 1 Esdr. v. 50). + +The chronologically misplaced account of the successful opposition in +the time of Ahasuerus (i.e. Xerxes) and Artaxerxes (the son and grandson +of Darius respectively) breaks the account of the _temple_ under Cyrus +and Darius, and is concerned with the city walls (iv. 6-23)[4]; there is +some obscurity in _vv._ 7-9: Rehum and Shimshai evidently take the lead, +Tabeel may be an Aramaized equivalent of Tobiah. A recent return is +implied (iv. 12) and the record hints that a new decree may be made (v. +21). The account of the unsuccessful opposition to the _temple_ in the +time of Darius (v. sq.; for another account see Jos. _Ant._ xi. 4, 9) is +independent of iv. 7-23, and throws another light upon the decree of +Cyrus (vi. 3-5, contrast i. 2-4). It implies that Sheshbazzar, who had +been sent with the temple vessels in the time of Cyrus, had laid the +foundations and that the work had continued without cessation (v. 16, +contrast iv. 5, 24). The beginning of the reply of Darius is wanting +(vi. 6 sqq.), and the decree which had been sought in Babylon is found +at Ecbatana. Chap. vi. 15 sqq. follow more naturally upon v. 1-2, but +v. 14 with its difficult reference to Artaxerxes now seems to presuppose +the decree in iv. 21 and looks forward to the time of Ezra or Nehemiah. +As regards this section (Ezr. i.-vi.) as a whole, there is little doubt +that i. iii. 1-iv. 5, vi. 15-22 are from the chronicler, whose free +treatment of his material is seen in the use he has made of ch. ii. +Notwithstanding the unimpeachable evidence for the tolerant attitude of +Persian kings and governors towards the religion of subject races, it is +probable that the various decrees incorporated in the book (cf. also 1 +Esdr. iv. 42 sqq.) have been reshaped from a Jewish standpoint. A +noteworthy example appears in the account of the unique powers entrusted +to Ezra (vii. 11-26), the introduction to whose memoirs, at all events, +is quite in the style of the chronicler. + +4. _Memoirs of Nehemiah and Ezra._--The memoirs of Ezra and Nehemiah do +not appear to have been incorporated without some adjustment. The lapse +of time between Neh. i. 1 and ii. 1 is noteworthy, and with the prayer +in i. 5-11 cf. Ezr. ix. 6-15, Dan. ix. 4 sqq. (also parallels in +Deuteronomy); chap. i. in its present form may be a compiler's +introduction. The important topographical list in ch. iii. is probably +from another source; the styie is different, Nehemiah is absent, and the +high-priest is unusually prominent.[5] Chap, v., where Nehemiah reviews +his _past_ conduct as governor, turns aside to economic reforms and +scarcely falls within the fifty-two days of the building of the walls. +The chapter is closely associated with the contents of xiii. and breaks +the account of the opposition. Anticipated already in ii. 10, the +hostility partly arises from the repudiation of Samaritan religious +claims (ii. 20; cf. Ezr. iv. 3) and is partly political. It is difficult +to follow its progress clearly, and the account ceases abruptly in. vi. +17-19 with the notice of the conspiracy of Tobiah and the nobles of +Judah. The chronicler's style can be recognized in vii. 1-5 (in its +present form), where steps are taken to protect and to people Jerusalem; +the older sequel is now found in ch. xi. Whilst the account of the +dedication of the walls is marked by the use of the pronoun "I" (xii. +31, 38, 40), it is probably now due as a whole to the chronicler, and +when the more trustworthy memoirs of Nehemiah are resumed (xiii. 4 sqq.) +the episodes, although placed twelve years later (ver. 6), are +intimately connected with the preceding reforms (cf. xii. 44-xiii. 3 +with xiii. 10 sqq., 23 sqq.).[6] Nehemiah's attitude towards +intermarriage is markedly moderate in contrast to the drastic measures +of Ezra, whose mission and work the simpler and perhaps earlier +narratives of Nehemiah originally ignored, and the relation between the +two is complicated further by the literary character of the memoir of +Ezra. + +To the last mentioned are prefixed (a) the scribe's genealogy, which +traces him back to Aaron and names as his immediate ancestor, Seraiah, +who had been slain 130 years previously (Ezr. vii. 1-5), and (b) an +independent account of the return (_vv._ 6-10) with a reference to +Ezra's renown, obviously not from the hand of Ezra himself. Whatever the +original prelude to Ezra's thanksgiving may have been (vii. 27 seq.), we +now have the essentially Jewish account of the letter of Artaxerxes with +its unusual concessions.[7] The list of those who returned amounts to +the moderate total of 1496 males (viii., but 1690 in 1 Esdr. viii. 30 +sqq.). Ezra's mission was obviously concerned with the Law and Temple +service (vii. 6, 10, 14 sqq., 25; viii. 17, 24-30, 33 sq.), but four +months elapse between his return in the fifth month (vii. 9) and the +preparations for the marriage reforms in the ninth (x. 9), and there is +a delay of twelve years before the Law is read (Neh. viii.). The +Septuagint version (1 Esdr. ix.; cf. Josephus, _Antiq._ xi. 5. 5 and +some modern scholars) would place the latter after Ezr. x., but more +probably this event (dated in the seventh month) should precede the +great undertaking in Ezr. ix.[8] That the adjustment was attended with +considerable revision of the passages appears from a careful comparison +of Neh. viii. sq. with Ezr. ix. sq. With Ezra's confession (ix. 6 sqq.) +compare the prayer in Neh. ix. 5 sqq., which the Septuagint ascribes to +him. In Ezr. x. (written in the third person) the number of those that +had intermarried with the heathen is relatively small considering the +general trend of the preliminaries, and the list bears a marked +resemblance to that in ch. ii. It ends abruptly and obscurely (x. 44; +cf. 1 Esdr. ix. 36), and whilst as a whole the memoirs of Ezra point to +ideas later than those of Nehemiah, the present close literary connexion +between them is seen in the isolated reference to Johanan the son of +Eliashib in Ezra x. 6, which seems to be connected with Neh. xiii. 7, +and (after W.R. Smith) in the suitability of _ib._ xiii. 1, 2 between +Ezr. x. 9 and 10. The list of signatories in Neh. x. 1-27 should be +compared with the names in xii. and 1 Chron. xxiv.; the true connexion +of ix. 38 is very obscure, and the relation to Ezr. ix. seq. is +complicated by the reference to the separation from the heathen in Neh. +ix. 2. The description of the covenant (Neh. x. 28 sqq., marked by the +use of "we") is closely connected with xii. 43-xiii. 3 (from the same or +an allied source), and anticipates the parallel though somewhat +preliminary measures detailed in the more genuine memoirs (Neh. xiii. 4 +sqq.). Finally, the specific allusion in xiii. 1-3 to Ammon and Moab is +possibly intended as an introduction to the references to Tobiah and +Sanballat respectively (_vv._ 4 seq., 28). + +5. _Summary._--The literary and historical criticism of Ezra-Nehemiah is +closely bound up with that of Chronicles, whose characteristic features +it shares. Although the three formed a unit at one stage it may seem +doubtful whether two so closely related chapters as 1 Chron. ix. and +Neh. xi. would have appeared in one single work, while the repetition of +Neh. vii. 6-viii. 1 in Ezr. ii.-iii. 1 is less unnatural if they had +originally appeared in distinct sources. Thus other hands apart from the +compiler of Chronicles may have helped to shape the narratives, either +before their union with that book or after their separation.[9] The +present intricacy is also due partly to specific historical theories +regarding the post-exilic period. Here the recension in 1 Esdras +especially merits attention for its text, literary structure and for its +variant traditions.[10] Its account of a return in the time of Darius +scarcely arose _after_ Ezr. i.-iii. (Cyrus); the reverse seems more +probable, and the possibility of some confusion or of an intentional +adjustment to the earlier date is emphasized by the relation between the +popular feeling in Ezr. iii. 12 (Cyrus) and Hag. ii. 3 (Darius), and +between the grant by Cyrus in iii. 7 (it is not certain that he held +Phoenicia) and the permit of Darius in 1 Esdr. iv. 47-57 (see v. 48). To +the latter context belongs the list of names which reappears in Ezr. ii. +(Cyrus). But from the independent testimony of Haggai and Zechariah it +is doubtful whether the chronicler's account of the return under Cyrus +is at all trustworthy. The list in 1 Esdr. v., Ezr. ii., as already +observed, appears to be in its more original context in Neh. vii., i.e. +in the time of Artaxerxes, and it is questionable whether the earliest +of the surviving detailed traditions in Ezra-Nehemiah went back before +this reign. It is precisely at this age that there is evidence for a +return, apparently other than that of Ezra or Nehemiah (see Ezr. iv. +12), yet no account seems to be preserved unless the records were used +for the history of earlier periods (cf. generally Ezr. iii. 12 sq. with +Neh. viii. 9-11; Ezr. iii. 7 with the special favour enlisted on behalf +of the Jews in vi. 7 sq., 13, vii. 21; Neh. ii. 7 sq.). But the account +of the events in the reign of Artaxerxes is extremely perplexing. Since +the building of the walls of Jerusalem must have begun early in the +fifth month (Neh. vi. 15), an allowance of three days (ii. 11) makes the +date of Nehemiah's arrival practically the anniversary of Ezra's return +(Ezr. vii. 9, viii. 32). Considering the close connexion between the +work of the two men this can hardly be accidental. The compiler, +however, clearly intends Neh. vi. 15 (25th of sixth month) to be the +prelude to the events in Neh. vii. 73, viii. (seventh month), but the +true sequence of Neh. vi. sqq. is uncertain, and the possibility of +artificiality is suggested by the unembellished statement of Josephus +that the building of the walls occupied, not fifty-two days, but two +years four months (_Ant_. xi. 5. 8). The present chronological order of +Nehemiah's work is confused (cf. §4, n. 3), and the obscure interval of +twelve years in his work corresponds very closely to that which now +separates the records of Ezra's labours. However, both the recovery of +the compilers' aims and attempted reconstructions are precluded from +finality by the scantiness of independent historical evidence. (See +further JEWS: _History_, §21 seq.) + + BIBLIOGRAPHY.--S.R. Driver, _Lit. of the O.T._ (1909), pp. 540 sqq. + and the commentaries of H.E. Ryle (_Camb. Bible_, 1893), C. Siegfried + (1901), A. Bertholet (1902), and T.W. Davies (_Cent. Bible_, 1909). + Impetus to recent criticism of these books starts with Van Hoonacker + (_Neh. et Esd_. [1890]; see also _Expos. Times_ [1897], pp. 351-354, + and M.-J. Lagrange, _Rev. biblique_, iii. 561-585 [1894], iv. 186-202 + [1895]) and W.H. Kosters (Germ. ed., _Wiederherstellung Israëls_, + 1895). The latter's important conclusions (for which see his article + with Cheyne's additions in _Ency. Bib_. col. 1473 sqq., 3380 sqq.) + have been adversely criticized, especially by J. Wellhausen + (_Nachrichten_ of the Univ. of Göttingen, 1895, pp. 166-186), E. Meyer + (_Entstehung d. Judentums_, 1896), J. Nikel (_Wiederherstellung d. + jüd. Gemein._, 1900), and S. Jampel in _Monatsschrift f. Gesch. u. + Wissens. d. Judentums_, vols. xlvi.-xlvii. (1902-1903). The negative + criticisms of Kosters have, however, been strengthened by his replies + (in the Dutch _Theolog. Tijdschrift_), and by the discussions of C.C. + Torrey and C.F. Kent (op. cit) and of G. Jahn (_Esra u. Neh._ pp. + i-lxxviii; 1909), and his general position appears to do more justice + to the biblical evidence as a whole. (S. A. C.) + + +FOOTNOTES: + + [1] References to 1 Esdras in this article are to the book discussed + above as EZRA, THIRD BOOK OF. + + [2] With Neh. xi. 4-19 cf. 1 Chron. ix. 3-17; with the list xii. 1-7 + cf. _vv._ 12-21 and x. 3-9; and with xii. 10 sq. cf. 1 Chron. vi. + 3-13 (to which it forms the sequel). See further Smend, _Listen d. + Esra u. Neh._ (1881). + + [3] Sometimes wrongly styled Chaldee (q.v.); see SEMITIC LANGUAGES. + + [4] Its real position in the history of this period is not certain. + Against the supposition that the names refer to Cambyses and + Pseudo-Smerdis who reigned after Cyrus and before Darius, see H.E. + Ryle, _Camb. Bible_, "Ezra and Neh.," p. 65 sq. Against the view that + Darius is D. ii. Nothus of 423-404 B.C., see G.A. Smith, _Minor + Prophets_, ii. 191 sqq. The ignorance of the compiler regarding the + sequence of the kings finds a parallel in that of the author of the + book of Daniel (q.v.); see C.C. Torrey, _Amer. Journ. of Sem. Lang._ + (1907), p. 178, n. 1. + + [5] See further H.G. Mitchell, _Journ. of Bibl. Lit._ (1903), pp. 88 + sqq. + + [6] The chronological difficulties will be seen from xiii. 6 ("before + this"), which would imply that the dedication of the walls was on the + occasion of Nehemiah's later visit (see G.A. Smith, _Expositor_, July + 1906, p. 12). His previous departure is perhaps foreshadowed in vii. + 2. + + [7] See _Ency. Bib._ col. 1480. Papyri from a Jewish colony in + Elephantine (407 B.C.) clearly show the form which royal permits + could take, and what the Jews were prepared to give in return; the + points of resemblance are extremely interesting, but compared with + the biblical documents the papyri reveal some striking differences. + + [8] C.C. Torrey, _Comp. and Hist. Value of Ezra-Neh._ (Beihefte of + _Zeit. f. alttest. Wissens._, 1896), pp. 30-34; C.F. Kent, _Israel's + Hist. and Biog. Narratives_, pp. 32, 369. Since Neh. vii. 70-73 is + closely joined to viii., the suggested transposition would place its + account of the contributions to the temple in a more appropriate + context (cf. Ezr. viii. 24-30, 33 sq.). + + [9] For linguistic evidence reference should be made to J. Geissler, + _Die litterarischen Beziehungen d. Esramemoiren_ (Chemnitz, 1899). + + [10] See especially Sir Henry Howorth, _Proc. of Society of Bibl. + Arch._ (1901-1904), _passim_; C.C. Torrey, _Ezra Studies_ (Chicago, + 1910). For the text, see A. Klostermann, _Real-Ency. f. prot. Theol._ + v. 501 sqq.; H. Guthe in Haupt's _Sacred Books of Old Testament_ + (1899); and S.A. Cook in R.H. Charles, _Apocrypha and + Pseudepigrapha_. + + + + +EZZO, or EHRENFRIED (c. 954-1024), count palatine in Lorraine, was the +son of a certain Hermann (d. c. 1000), also a count palatine in Lorraine +who had possessions in the neighbourhood of Bonn. Having married Matilda +(d. 1025), a daughter of the emperor Otto II., Ezzo came to the front +during the reign of his brother-in-law, the emperor Otto III. +(983-1002); his power was increased owing to the liberal grant of lands +in Thuringia and Franconia which he received with his wife, and some +time later his position as count palatine was recognized as an +hereditary dignity. Otto's successor, the emperor Henry II., was less +friendly towards the powerful count palatine, though there was no +serious trouble between them until 1011; but some disturbances in +Lorraine quickly compelled the emperor to come to terms, and the +assistance of Ezzo was purchased by a gift of lands. Henceforward the +relations between Henry and his vassal appear to have been satisfactory. +Very little is known about Ezzo's later life, but we are told that he +died at a great age at Saalfeld on the 21st of March 1024. He left three +sons, among them being Hermann, who was archbishop of Cologne from 1036 +to 1056, and Otto, who was for a short time duke of Swabia; and seven +daughters, six of whom became abbesses. Ezzo founded a monastery at +Brauweiler near Cologne, the place where his marriage had been +celebrated. This was dedicated in 1028 by Piligrim, archbishop of +Cologne, and here both Ezzo and his wife were buried. + + + + +EZZOLIED, or ANEGENGE, an old German poem, written by Ezzo, a scholar of +Bamberg. It was written about 1060, but not, as one authority asserts, +composed while the author was making a pilgrimage to Jerusalem. The +subject of the poem is the life of Christ. Very popular during the later +middle ages, the _Ezzolied_ had a great influence on the poetry of south +Germany, and is valuable as a monument of the poetical literature of the +time. + + The text is printed in the _Denkmäler deutscher Poesie und Prosa aus + dem 8-12. Jahrhundert_ (Berlin, 1892) of C.V. Müllenhoff and W. + Scherer. + + + + +F This is the sixth letter of the English alphabet as it was of the +Latin. In the ordinary Greek alphabet the symbol has disappeared, +although it survived far into historical times in many Greek dialects as +F, the digamma, the use of which in early times was inductively proved +by Bentley, when comparatively little was known of the local alphabets +and dialects of Greece. The so-called _stigma_ [symbol], which serves +for the numeral 6, is all that remains to represent it. This symbol +derives its name from its resemblance in medieval MSS. to the +abbreviation for [Greek: st]. The symbol occupying the same position in +the Phoenician alphabet was Vau ([symbol] [symbol]), which seems to be +represented by the Greek [Upsilon], the Latin V, at the end of the early +alphabet. Many authorities therefore contend that F is only a +modification of the preceding symbol E and has nothing to do with the +symbol Vau. In some early Latin inscriptions F is represented by +[symbol], as E is by [symbol]. It must be admitted that the resemblance +between the sixth symbol of the Phoenician alphabet and the +corresponding symbol of the European alphabet is not striking. But the +position of the limbs of symbols in early alphabets often varies +surprisingly. In Greek, besides F we find for _f_ in Pamphylia (the only +Greek district in Asia which possesses the symbol) [symbol], and in +Boeotia, Thessaly, Tarentum, Cumae and on Chalcidian vases of Italy the +form [symbol], though except at Cumae and on the vases the form F exists +contemporaneously with [symbol] or even earlier. At the little town of +Falerii (Civita Castellana), whose alphabet is undoubtedly of the same +origin as the Latin, F takes the form [symbol]. Though uncertain, +therefore, it seems not impossible that the original symbol of the +Phoenician alphabet, which was a consonant like the English _w_, may +have been differentiated in Greek into two symbols, one indicating the +consonant value _w_ and retaining the position of the Phoenician +consonant Vau, the other having the vowel value _u_, which ultimately +most dialects changed to a modified sound like French _u_ or German _ü_. +Be this as it may, the value of the symbol F in Greek was _w_, a +bilabial voiced sound, not the labio-dental unvoiced sound which we call +_f_. When the Romans adopted the Greek alphabet they took over the +symbols with their Greek values. But Greek had no sound corresponding to +the Latin _f_, for [phi] was pronounced _p-h_, like the final sound of +_lip_ in ordinary English or the initial sound of _pig_ in Irish +English. Consequently in the very old inscription on a gold fibula found +at Praeneste and published in 1887 (see ALPHABET) the Latin _f_ is +represented by FB. Later, as Latin did not use F for the consonant +written as _v_ in _vis_, &c., H was dropped and F received a new special +value in Latin as representative of the unvoiced labio-dental spirant. +In the Oscan and Umbrian dialects, whose alphabet was borrowed from +Etruscan, a special form appears for _f_, viz. 8, the old form [symbol] +being kept for the other consonant _v_ (i.e. English _w_). The 8 has +generally been asserted to be developed out of the second element in the +combination FB, its upper and lower halves being first converted into +lozenges, [symbol], which naturally changed to 8 when inscribed without +lifting the writing or incising implement. Recent discoveries, however, +make this doubtful (see ALPHABET). (P. Gi.) + + + + +FABBRONI, ANGELO (1732-1803), Italian biographer, was born at Marradi in +Tuscany on the 25th of September 1732. After studying at Faenza he +entered the Roman college founded for the education of young Tuscans. On +the conclusion of his studies he continued his stay in Rome, and having +been introduced to the celebrated Jansenist Bottari, received from him +the canonry of Santa Teresa in Trastevere. Some time after this he was +chosen to preach a discourse in the pontifical chapel before Benedict +XIV. and made such a favourable impression that the pontiff settled on +him an annuity, with the possession of which Fabbroni was able to devote +his whole time to study. He was intimate with Leopold I., grand-duke of +Tuscany, but the Jesuits disliked him on account of his Jansenist views. +Besides his other literary labours he began at Pisa in 1771 a literary +journal, which he continued till 1796. About 1772 he made a journey to +Paris, where he formed the acquaintance of Condorcet, Diderot, +d'Alembert, Rousseau and most of the other eminent Frenchmen of the day. +He also spent four months in London. He died at Pisa on the 22nd of +September 1803. + + The following are his principal works:--_Vitae Italorum doctrina + excellentium qui saeculis XVII. et XVIII. floruerunt_ (20 vols., Pisa, + 1778-1799, 1804-1805), the last two vols., published posthumously, + contain a life of the author; _Laurentii Medicei Magnifici Vita_ (2 + vols., Pisa, 1784), a work which served as a basis for H. Roscoe's + _Life of Lorenzo dei Medici_; _Leonis X. pontificis maximi Vita_ + (Pisa, 1797); and _Elogi di Dante Alighieri, di Angelo Poliziano, di + Lodovico Ariosto, e di Torq. Tasso_ (Parma, 1800). + + + + +FABER, the name of a family of German lead-pencil manufacturers. Their +business was founded in 1760 at Stein, near Nuremberg, by Kaspar Faber +(d. 1784). It was then inherited by his son Anton Wilhelm (d. 1819). +Georg Leonhard Faber succeeded in 1810 (d. 1839), and the business +passed to Johann Lothar von Faber (1817-1896), the great-grandson of the +founder. At the time of his assuming control about twenty hands were +employed, under old-fashioned conditions, and owing to the invention of +the French _crayons Contés_ of Nicolas Jacques Conté (q.v.) competition +had reduced the entire Nuremberg industry to a low ebb (see PENCIL). +Johann introduced improvements in machinery and methods, brought his +factory to the highest state of efficiency, and it became a model for +all the other German and Austrian manufacturers. He established branches +in New York, Paris, London and Berlin, and agencies in Vienna, St +Petersburg and Hamburg, and made his greatest _coup_ in 1856, when he +contracted for the exclusive control of the graphite obtained from the +East Siberian mines. Faber had also branched out into the manufacture of +water-colour and oil paints, inks, slates and slate-pencils, and +engineers' and architects' drawing instruments, and built additional +factories to house his various industries at New York and at +Noisy-le-Sec, near Paris, and had his own cedar mills in Florida. For +his services to German industry he received a patent of nobility and an +appointment as councillor of state. After the death of his widow (1903) +the business was inherited by his grand-daughter Countess Otilie von +Faber-Castell and her husband, Count Alexander. + + + + +FABER, BASIL (1520--c. 1576), Lutheran schoolmaster and theologian, was +born at Sorau, in lower Lusatia, in 1520. In 1538 he entered the +university of Wittenberg, studying as _pauper gratis_ under Melanchthon. +Choosing the schoolmaster's profession, he became successively rector of +the schools at Nordhausen, Tennstadt (1555), Magdeburg (1557) and +Quedlinburg (1560). From this last post he was removed in December 1570 +as a Crypto-Calvinist. In 1571 he was appointed to the Raths-gymnasium +at Erfurt, not as rector, but as director (_Vorsteher_). In this +situation he remained till his death in 1575 or 1576. His translation of +the first twenty-five chapters of Luther's commentary on Genesis was +published in 1557; in other ways he promoted the spread of Lutheran +views. He was a contributor to the first four of the _Magdeburg +Centuries_. He is best known by his _Thesaurus eruditionis scholasticae_ +(1571; last edition, improved by J.H. Leich, 1749, folio, 2 vols.); this +was followed by his _Libellus de disciplina scholastica_ (1572). + + See Wagenmann and G. Müller in Herzog-Hauck's _Realencyklopädie_ + (1898). (A. Go.*) + + + + +FABER, FREDERICK WILLIAM (1814-1863), British hymn writer and +theologian, was born on the 28th of June 1814 at Calverley, Yorkshire, +of which place his grandfather, Thomas Faber, was vicar. He attended the +grammar school of Bishop Auckland for a short time, but a large portion +of his boyhood was spent in Westmorland. He afterwards went to Harrow +and to Balliol College, Oxford. In 1835 he obtained a scholarship at +University College; and in 1836 he gained the Newdigate prize for a poem +on "The Knights of St John," which elicited special praise from Keble. +Among his college friends were Dean Stanley and Roundell Palmer, 1st +earl of Selborne. In January 1837 he was elected fellow of University +College. Meanwhile he had given up the Calvinistic views of his youth, +and had become an enthusiastic follower of John Henry Newman. In 1841 a +travelling tutorship took him to the continent; and on his return a book +appeared called _Sights and Thoughts in Foreign Churches and among +Foreign Peoples_ (London, 1842), with a dedication to his friend the +poet Wordsworth. He accepted the rectory of Elton in Huntingdonshire, +but soon after went again to the continent, in order to study the +methods of the Roman Catholic Church; and after a prolonged mental +struggle he joined the Roman Catholic communion in November 1845. He +founded a religious community at Birmingham, called Wilfridians, which +was ultimately merged in the oratory of St Philip Neri, with John Henry +Newman as Superior. In 1849 a branch of the oratory--subsequently +independent--was established in London, first in King William Street, +and afterwards at Brompton, over which Faber presided till his death on +the 26th of September 1863. In spite of his weak health, an almost +incredible amount of work was crowded into those years. He published a +number of theological works, and edited the _Oratorian Lives of the +Saints_. He was an eloquent preacher, and a man of great charm of +character. It is mainly as a hymn-writer, however, that Faber is +remembered. Among his best-known hymns are:--"The Greatness of God," +"The Will of God," "The Eternal Father," "The God of my Childhood," +"Jesus is God," "The Pilgrims of the Night," "The Land beyond the Sea," +"Sweet Saviour, bless us ere we go," "I was wandering and weary," and +"The Shadow of the Rock." The hymns are largely used in Protestant +collections. In addition to many pamphlets and translations, Faber +published the following works: _All for Jesus_; _The Precious Blood_; +_Bethlehem_; _The Blessed Sacrament_; _The Creator and the Creature_; +_Growth of Holiness; Spiritual Conferences_; _The Foot of the Cross_ (8 +vols., London, 1853-1860). + + See his _Life and Letters_, by Father J.E. Bowden (London, 1869), and + _A Brief Sketch of the Early Life of the late F.W. Faber_, D.D., by + his brother the Rev. F.A. Faber (London, 1869). + + + + +FABER, Fabri or Fabry (surnamed STAPULENSIS), JACOBUS [Jacques Lefèvre +d'Étaples] (c. 1455--c. 1536), a pioneer of the Protestant movement in +France, was born of humble parents at Étaples, in Pas de Calais, +Picardy, about 1455. He appears to have been possessed of considerable +means. He had already been ordained priest when he entered the +university of Paris for higher education. Hermonymus of Sparta was his +master in Greek. He visited Italy before 1486, for he heard the lectures +of Argyropulus, who died in that year; he formed a friendship with +Paulus Aemilius of Verona. In 1492 he again travelled in Italy, studying +in Florence, Rome and Venice, making himself familiar with the writings +of Aristotle, though greatly influenced by the Platonic philosophy. +Returning to Paris, he became professor in the college of Cardinal +Lemoine. Among his famous pupils were F.W. Vatable and Farel; his +connexion with the latter drew him to the Calvinistic side of the +movement of reform. At this time he began the publication, with critical +apparatus, of Boëtius (_De Arithmetica_), and Aristotle's _Physics_ +(1492), _Ethics_ (1497), _Metaphysics_ (1501) and _Politics_ (1506). In +1507 he took up his residence in the Benedictine Abbey of St Germain des +Prés, near Paris; this was due to his connexion with the family of +Briçonnet (one of whom was the superior), especially with William +Briçonnet, cardinal bishop of St Malo (Meaux). He now began to give +himself to Biblical studies, the first-fruit of which was his +_Quintuplex Psalterium: Gallicum, Romanum, Hebraicum, Vetus, +Conciliatum_ (1509); the _Conciliatum_ was his own version. This was +followed by _S. Pauli Epistolae xiv. ex vulgata editione, adjecta +intelligentia ex Graeco cum commentariis_ (1512), a work of great +independence and judgment. His _De Maria Magdalena et triduo Christi +disceptatio_ (1517) provoked violent controversy and was condemned by +the Sorbonne (1521). He had left Paris during the whole of 1520, and, +removing to Meaux, was appointed (May 1, 1523) vicar-general to Bishop +Briçonnet, and published his French version of the New Testament (1523). +This (contemporary with Luther's German version) has been the basis of +all subsequent translations into French. From this, in the same year, he +extracted the versions of the Gospels and Epistles "à l'usage du diocèse +de Meaux." The prefaces and notes to both these expressed the view that +Holy Scripture is the only rule of doctrine, and that justification is +by faith alone. He incurred much hostility, but was protected by Francis +I. and the princess Margaret. Francis being in captivity after the +battle of Pavia (February 25, 1525), Faber was condemned and his works +suppressed by commission of the parlement; these measures were quashed +on the return of Francis some months later. He issued _Le Psautier de +David_ (1525), and was appointed royal librarian at Blois (1526); his +version of the Pentateuch appeared two years later. His complete version +of the Bible (1530), on the basis of Jerome, took the same place as his +version of the New Testament. Margaret (now queen of Navarre) led him to +take refuge (1531) at Nérac from persecution. He is said to have been +visited (1533) by Calvin on his flight from France. He died in 1536 or +1537. + + See C.H. Graf, _Essai sur la vie et les écrits_ (1842); G. + Bonet-Maury, in A. Herzog-Hauck's _Realencyklopädie_ (1898). + (A. Go.*) + + + + +FABER (or LEFÈVRE), JOHANN (1478-1541), German theologian, styled from +the title of one of his works "Malleus Haereticorum," son of one +Heigerlin, a smith (_faber_), was born at Leutkirch, in Swabia, in 1478. +His early life is obscure; the tradition that he joined the Dominicans +is untenable. He studied theology and canon law at Tübingen and at +Freiburg im Breisgau, where he matriculated on the 26th of July 1509, +and graduated M.A. and doctor of canon law. He was soon appointed vicar +of Lindau and Leutkirch, and shortly afterwards canon of Basel. In 1518 +Hugo von Landenberg, bishop of Constance, made him one of his +vicars-general, and Pope Leo X. appointed him papal protonotary. He was +an advocate of reforms, in sympathy with Erasmus, and corresponded +(1519-1520) with Zwingli. While he defended Luther against Eck, he was +as little inclined to adopt the position of Luther as of Carlstadt. His +journey to Rome in the autumn of 1521 had the result of estranging him +from the views of the Protestant leaders. He published _Opus adversus +nova quaedam dogmata Lutheri_ (1522), and appeared as a disputant +against Zwingli at Zürich (1523). Then followed his _Malleus in haeresin +Lutheranam_ (1524). Among his efforts to stem the tide of Protestant +innovation was the establishment of a training-house for the maintenance +and instruction of popular preachers, drawn from the lower ranks, to +compete with the orators of reform. In 1526 he became court preacher to +the emperor Ferdinand, and in 1527 and 1528 was sent by him as envoy to +Spain and England. He approved the death by burning of Balthasar +Hubmeier, the Baptist, at Vienna on the 10th of March 1528. In 1531 he +was consecrated bishop of Vienna, and combined with this (till 1538) the +administration of the diocese of Neustadt. He died at Vienna on the 21st +of May 1541. His works were collected in three volumes, 1537, 1539 and +1541. + + See C.E. Kettner, _Diss. de J. Fabri Vita Scriptisque_ (1737); + Wagenmann and Egli in Herzog-Hauck's _Realencyklopädie_ (1898). + (A. Go.*) + + + + +FABERT, ABRAHAM DE (1599-1660), marshal of France, was the son of Abraham +Fabert, seigneur de Moulins (d. 1638), a famous printer who rendered +great services, civil and military, to Henry IV. At the age of fourteen +he entered the _Gardes françaises_, and in 1618 received a commission in +the Piedmont regiment, becoming major in 1627. He distinguished himself +repeatedly in the constant wars of the period, notably in La Rochelle and +at the siege of Exilles in 1630. His bravery and engineering skill were +again displayed in the sieges of Avesnes and Maubeuge in 1637, and in +1642 Louis XIII. made him governor of the recently-acquired fortress of +Sedan. In 1651 he became lieutenant-general, and in 1654 at the siege of +Stenay he introduced new methods of siegecraft which anticipated in a +measure the great improvements of Vauban. In 1658 Fabert was made a +marshal of France, being the first commoner to attain that rank. He died +at Sedan on the 17th of May 1660. + + See _Histoire du maréchal de Fabert_ (Amsterdam, 1697); P. Barre, _Vie + de Fabert_ (Paris, 1752); A. Feillet, _Le Premier Maréchal de France + plébéien_ (Paris, 1869); Bourelly, _Le Maréchal Fabert_ (Paris, 1880). + + + + +FABIAN [FABIANUS], SAINT (d. 250), pope and martyr, was chosen pope, or +bishop of Rome, in January 236 in succession to Anteros. Eusebius +(_Hist. Eccl._ vi. 29) relates how the Christians, having assembled in +Rome to elect a new bishop, saw a dove alight upon the head of Fabian, a +stranger to the city, who was thus marked out for this dignity, and was +at once proclaimed bishop, although there were several famous men among +the candidates for the vacant position. Fabian was martyred during the +persecution under the emperor Decius, his death taking place on the 20th +of January 250, and was buried in the catacomb of Calixtus, where a +memorial has been found. He is said to have baptized the emperor Philip +and his son, to have done some building in the catacombs, to have +improved the organization of the church in Rome, to have appointed +officials to register the deeds of the martyrs, and to have founded +several churches in France. His deeds are thus described in the _Liber +Pontificalis_: "Hic regiones dividit diaconibus et fecit vii +subdiacones, qui vii notariis imminerent, ut gestas martyrum integro +fideliter colligerent, et multas fabricas per cymiteria fieri +praecepit." Although there is very little authentic information about +Fabian, there is evidence that his episcopate was one of great +importance in the history of the early church. He was highly esteemed by +Cyprian, bishop of Carthage; Novatian refers to his _nobilissimae +memoriae_, and he corresponded with Origen. One authority refers to him +as Flavian. + + See the article on "Fabian" by A. Harnack in Herzog-Hauck's + _Realencyklopädie_, Band v. (Leipzig, 1898). + + + + +FABIUS, the name of a number of Roman soldiers and statesmen. The Fabian +gens was one of the oldest and most distinguished patrician families of +Rome. Its members claimed descent from Hercules and a daughter of the +Arcadian Evander. From the earliest times it played a prominent part in +Roman history, and was one of the two gentes exclusively charged with +the management of the most ancient festival in Rome--the Lupercalia +(Ovid, _Fasti_, ii. 375). The chief family names of the Fabian gens or +clan, in republican times, were Vibulanus, Ambustus, Maximus, Buteo, +Pictor, Dorso, Labeo; with surnames Verrucosus, Rullianus, Gurges, +Aemilianus, Allobrogicus (all of the Maximus branch). The most important +members of the family are the following:-- + +1. MARCUS FABIUS AMBUSTUS, pontifex maximus in the year of the capture +of Rome by the Gauls (390). His three sons, Quintus, Numerius and Caeso, +although they had been sent as ambassadors to the Gauls when they were +besieging Clusium, subsequently took part in hostilities (Livy v. 35). +The Gauls thereupon demanded their surrender, on the ground that they +had violated the law of nations; the Romans, by way of reply, elected +them consular tribunes in the following year. The result was the march +of the Gauls upon Rome, the battle of the Allia, and the capture of the +city (Livy vi. 1). + +2. Q. FABIUS MAXIMUS, surnamed _Rullianus_ or _Rullus_, master of the +horse in the second Samnite War to L. Papirius Cursor, by whom he was +degraded for having fought the Samnites contrary to orders (Livy viii. +30), in spite of the fact that he gained a victory. In 315, when +dictator, he was defeated by the Samnites at Lautulae (Livy ix. 23). In +310 he defeated the Etruscans at the Vadimonian Lake. In 295, consul for +the fifth time, he defeated, at the great battle of Sentinum, the +combined forces of the Etrurians, Umbrians, Samnites and Gauls (see +ROME: _History_, II. "The Republic"). As censor (304) he altered the +arrangement of Appius Claudius Caecus, whereby the freedmen were taken +into all the tribes, and limited them to the four city tribes. For this +he is said to have received the title of _Maximus_, as the deliverer of +the comitia from the rule of the mob (Livy ix. 46), but there is reason +to think that this title was first conferred on his grandson. It is +probable that his achievements are greatly exaggerated by historians +favourable to the Fabian house. + +3. QUINTUS FABIUS MAXIMUS, surnamed _Verrucosus_ (from a wart on his +lip), _Ovicula_ ("the lamb," from his mild disposition), and _Cunctator_ +("the delayer," from his cautious tactics in the war against Hannibal), +grandson of the preceding. He served his first consulship in Liguria +(233 B.C.), was censor (230) and consul for the second time (228). In +218 he was sent to Carthage to demand satisfaction for the attack on +Saguntum (Livy xxi. 18). According to the well-known story, he held up a +fold of his toga and offered the Carthaginians the choice between peace +and war. When they declared themselves indifferent, he let fall his toga +with the words, "Then take war." After the disastrous campaign on the +Trebia, and the defeat on the banks of the Trasimene Lake, Fabius was +named dictator (Livy calls him pro-dictator, since he was nominated, not +by the consul, but by the people) in 217, and began his tactics of +"masterly inactivity." Manoeuvring among the hills, where Hannibal's +cavalry were useless, he cut off his supplies, harassed him incessantly, +and did everything except fight. His steady adherence to his plan caused +dissatisfaction at Rome and in his own camp, and aroused the suspicion +that he was merely endeavouring to prolong his command. Minucius Rufus, +his master of the horse, seized the opportunity, during the absence of +Fabius at Rome, to make an attack upon the enemy which proved +successful. The people, more than ever convinced that a forward movement +was necessary, divided the command between Minucius and Fabius (Livy +xxii. 15. 24; Polybius iii. 88). Minucius was led into an ambuscade by +Hannibal, and his army was only saved by the opportune arrival of +Fabius. Minucius confessed his mistake and henceforth submitted to the +orders of Fabius (Livy xxiii. 32). At the end of the legal time of six +months Fabius resigned the dictatorship and the war was carried on by +the consuls. The result of the abandonment of Fabian tactics was the +disaster of Cannae (216). In 215 and 214 (as consul for the third and +fourth times) he was in charge of the operations against Hannibal +together with Claudius Marcellus (Livy xxiii. 39). He laid siege to +Capua, which had gone over to Hannibal after Cannae, and captured the +important position of Casilinum; in his fifth consulship (209) he retook +Tarentum, which had been occupied by Hannibal for three years (Livy +xxvii. 15; Polybius xiii. 4; Plutarch, _Fabius_). He died in 203. Fabius +was a strenuous opponent of the new aggressive policy, and did all he +could to prevent the invasion of Africa by Scipio. He was distinguished +for calmness and prudence, while by no means lacking in courage when it +was required. In his later years, however, he became morose, and showed +jealousy of rising young men, especially Scipio (_Life_ by Plutarch; +Livy xx.-xxx.; Polybius iii. 87-106). + +4. Q. FABIUS MAXIMUS AEMILIANUS, eldest son of L. Aemilius Paullus, +adopted by Fabius Cunctator. He served in the last Macedonian War (168), +and, as consul, defeated Viriathus in Spain (Livy, _Epit_. 52). He was +the pupil and patron of Polybius (Polybius xviii., xxix. 6, xxxii. 8-10; +Livy xliv. 35). + +5. Q. FABIUS MAXIMUS ALLOBROGICUS, son of the above, consul 121 in Gaul. +He obtained his surname from his victory over the Allobroges and Arverni +in that year (Vell. Pat. ii. 10; Eutropius iv. 22). As censor (108) he +erected the first triumphal arch. + +6. Q. FABIUS VIBULANUS, with his brothers Caeso and Marcus, filled the +consulship for seven years in succession (485-479 B.C.). In the last year +there was a reaction against the family, in consequence of Caeso +espousing the cause of the plebeians. Thereupon the Fabii--to the number, +it is said, of 306 patricians, with some 5000 dependents--emigrated from +Rome under the leadership of Caeso, and settled on the banks of the +Cremera, a few miles above Rome. For two years the exiles continued to be +the city's chief defence against the Veientes, until at last they were +surprised and cut off. The only survivor of the gens was Quintus, the sen +of Marcus, who apparently took no part in the battle. The story that he +had been left behind at Rome on account of his youth cannot be true, as +he was consul ten years afterwards. This Quintus was consul in 467, 465 +and 459, and a member of the second decemvirate in 450, on the fall of +which he went into voluntary exile (Livy ii. 42, 48-50, iii. 1, 9, 41, +58, vi. 1; Dion. Halic. viii. 82-86, ix. 14-22: Ovid, _Fasti_, ii. 195). + + The Fabian name is met with as late as the 2nd century A.D. A complete + list of the Fabii will be found in de Vit's _Onomasticon_; see also + W.N. du Rieu, _Disputatio de Gente Fabia_ (1856), containing an + account of 57 members of the family. + + + + +FABIUS PICTOR, QUINTUS, the father of Roman history, was born about 254 +B.C. He was the grandson of Gaius Fabius, who received the surname +_Pictor_ for his painting of the temple of Salus (302). He took an +active part in the subjugation of the Gauls in the north of Italy (225), +and after the battle of Cannae (216) was employed by the Romans to +proceed to Delphi in order to consult the oracle of Apollo. He was the +earliest prose writer of Roman history. His materials consisted of the +_Annales Maximi_, _Commentarii Consulares_, and similar records; the +chronicles of the great Roman families; and his own experiences in the +Second Punic War. He is also said to have made much use of the Greek +historian Diodes of Peparethus. His work, which was written in Greek, +began with the arrival of Aeneas in Italy, and ended with the Hannibalic +war. Although Polybius and Dionysius of Halicarnassus frequently find +fault with him, the first uses him as his chief authority for the Second +Punic War. A Latin version of the work was in existence in the time of +Cicero, but it is doubtful whether it was by Fabius Pictor or by a later +writer with whom he was confused--Q. Fabius Maximus Servilianus (consul +142); or there may have been two annalists of the name of Fabius Pictor. + + Fragments in H. Peter, _Historicorum Romanorum Fragmenta_ (1883); see + also ANNALISTS and LIVY, and Teuffel-Schwabe, _History of Roman + Literature_, § 116. + + + + +FABLE (Fr. _fable_, Lat. _fabula_). With certain restrictions, the +necessity of which will be shown in the course of the article, we may +accept the definition of "fable" which Dr Johnson proposes in his _Life +of Gay_: "A _fable_ or _apologue_ seems to be, in its genuine state, a +narrative in which beings irrational, and sometimes inanimate (_arbores +loquuntur, non tantum ferae_), are, for the purpose of moral +instruction, feigned to act and speak with human interests and +passions." The description of La Fontaine, the greatest of fabulists, is +a poetic rendering of Johnson's definition: + + "Fables in sooth are not what they appear; + Our moralists are mice, and such small deer. + We yawn at sermons, but we gladly turn + To moral tales, and so amused we learn." + +The fable is distinguished from the myth, which grows and is not made, +the spontaneous and unconscious product of primitive fancy as it plays +round some phenomenon of natural or historical fact. The literary myth, +such as, for instance, the legend of Pandora in Hesiod or the tale of Er +in the _Republic_ of Plato, is really an allegory, and differs from the +fable in so far as it is self-interpreting; the story and the moral are +intermingled throughout. Between the parable and the fable there is no +clear line of demarcation, and theologians like Trench have +unwarrantably narrowed their definition of a parable to fit those of the +New Testament. The soundest distinction is drawn by Neander. In the +fable human passions and actions are attributed to beasts; in the +parable the lower creation is employed only to illustrate the higher +life and never transgresses the laws of its kind. But whether Jotham's +apologue of the trees choosing a king, perhaps the first recorded in +literature, should be classed as a fable or a parable is hardly worth +disputing. Lastly, we may point out the close affinity between the fable +and the proverb. A proverb is often a condensed or fossilized fable, and +not a few fables are amplified or elaborated proverbs. + +The history of the fable goes back to the remotest antiquity, and Aesop +has even less claim to be reckoned the father of the fable than has +Homer to be entitled the father of poetry. The fable has its origin in +the universal impulse of men to express their thoughts in concrete +images, and is strictly parallel to the use of metaphor in language. It +is the most widely diffused if not the most primitive form of +literature. Though it has fallen from its high place it still survives, +as in J. Chandler Harris's _Uncle Remus_ and Rudyard Kipling's _Jungle +Book_. The Arab of to-day will invent a fable at every turn of the +conversation as the readiest form of argument, and in the _Life_ of +Coventry Patmore it is told how an impromptu fable of his about the +pious dormouse found its way into Catholic books of devotion. + +With the fable, as we know it, the moral is indispensable. As La +Fontaine puts it, an apologue is composed of two parts, body and soul. +The body is the story, the soul the morality. But if we revert to the +earliest type we shall find that this is no longer the case. In the +primitive beast-fable, which is the direct progenitor of the Aesopian +fable, the story is told simply for its own sake, and is as innocent of +any moral as the fairy tales of Little Red Riding-Hood and Jack and the +Beanstalk. Thus, in a legend of the Flathead Indians, the Little Wolf +found in cloud-land his grandsires the Spiders with their grizzled hair +and long crooked nails, and they spun balls of thread to let him down to +earth; when he came down and found his wife the Speckled Duck, whom the +Old Wolf had taken from him, she fled in confusion, and this is why she +lives and dives alone to this very day. Such animal myths are as common +in the New World as in the Old, and abound from Finland and Kamtchatka +to the Hottentots and Australasians. From the story invented, as the one +above quoted, to account for some peculiarity of the animal world, or +told as a pure exercise of the imagination, just as a sailor spins a +yarn about the sea-serpent, to the moral apologue the transition is +easy; and that it has been effected by savages unaided by the example of +higher races seems sufficiently proved by the tales quoted by E.B. Tylor +(_Primitive Culture_, vol. i. p. 411). From the beast-fables of savages +we come next to the Oriental apologues, which we still possess in their +original form. The East, the land of myth and legend, is the natural +home of the fable, and Hindustan was the birthplace, if not of the +original of these tales, at least of the oldest shape in which they +still exist. The _Pancha Tantra_ (2nd century B.C.), or fables of the +Brahma Vishnu Sarman, have been translated from Sanskrit into almost +every language and adapted by most modern fabulists. The _Kalilah_ and +_Dimna_ (names of two jackals), or fables of Bidpai (or Pilpai), passed +from India to western Europe through the successive stages of Pahlavi +(ancient Persian), Arabic, Greek, Latin. By the end of the 16th century +there were Italian, French and English versions. There is an excellent +Arabic edition (Paris, 1816) with an introduction by Sylvestre de Sacy. +The _Hitopadesa_, or "friendly instruction," is a modernized form of the +same work, and of it there are three translations into English by Dr +Charles Wilkins, Sir William Jones and Professor F. Johnson. The +_Hitopadesa_ is a complete chaplet of fables loosely strung together, +but connected so as to form something of a continuous story, with moral +reflections freely interspersed, purporting to be written for the +instruction of some dissolute young princes. Thus, in the first fable a +flock of pigeons see the grains of rice which a fowler has scattered, +and are about to descend on them, when the king of the pigeons warns +them by telling the fable of a traveller who being greedy of a bracelet +was devoured by a tiger. They neglect his warning and are caught in the +net, but are afterwards delivered by the king of the mice, who tells the +story of the Deer, the Jackal and the Crow, to show that no real +friendship can exist between the strong and the weak, the beast of prey +and his quarry, and so on to the end of the volume. Another book of +Eastern fables is well worthy of notice, _Buddhaghosha's Parables_, a +commentary on the _Dhammapada_ or _Buddha's Paths of Virtue_. The +original is in Pali, but an English translation of the Burmese version +was made by Captain T. Rogers, R.E. + +From Hindustan the Sanskrit fables passed to China, Tibet and Persia; +and they must have reached Greece at an early age, for many of the +fables which passed under the name of Aesop are identical with those of +the East. Aesop to us is little more than a name, though, if we may +trust a passing notice in Herodotus (ii. 134), he must have lived in the +6th century B.C. Probably his fables were never written down, though +several are ascribed to him by Xenophon, Aristotle, Plutarch and other +Greek writers, and Plato represents Socrates as beguiling his last days +by versifying such as he remembered. Aristophanes alludes to them as +merry tales, and Plato, while excluding the poets from his ideal +republic, admits Aesop as a moral teacher. Of the various versions of +_Aesop's Fables_, by far the most trustworthy is that of Babrius or +Babrias, a Greek probably of the 3rd century A.D., who rendered them in +choliambic verse. These, which were long known in fragments only, were +recovered in a MS. found by M. Minas in a monastery on Mount Athos in +1842, now in the British Museum.[1] An inferior version of the same in +Latin iambics was made by Phaedrus, a slave of Thracian origin, brought +to Rome in the time of Augustus and manumitted by him. Phaedrus +professes to polish in senarian verse the rough-hewn blocks from Aesop's +quarry; but the numerous allusions to contemporary events, as, for +example, his hit at Sejanus in the Frogs and the Sun, which brought upon +the author disgrace and imprisonment, show that many of them are +original or free adaptations. For some time scholars doubted as to the +genuineness of Phaedrus's fables, but their doubts have been lately +dispelled by a closer examination of the MSS. and by the discovery of +two verses of a fable on a tomb at Apulum in Dacia. Phaedrus's style is +simple, clear and brief, but dry and unpoetical; and, as Lessing has +pointed out, he often falls into absurdities when he deserts his +original. For instance, in Aesop the dog with the meat in his mouth sees +his reflection in the water as he passes over a bridge; Phaedrus makes +him see it as he swims across the river. + +To sum up the characteristics of the Aesopian fable, it is artless, +simple and transparent. It affects no graces of style, and we hardly +need the text with which each concludes, [Greek: ho mythos dêloi hoti, +k.t.l.] The moral inculcated is that of _Proverbial Philosophy_ and +_Poor Richard's Almanacks_. Aesop is no maker of phrases, but an orator +who wishes to gain some point or induce some course of action. It is the +Aesopian type that Aristotle has in view when he treats of the fable as +a branch of rhetoric, not of poetry. + +The Latin race was given to moralizing, and the language lent itself to +crisp and pointed narrative, but they lacked the free play of fancy, the +childlike "make-believe," to produce a national body of fables. With the +doubtful exception of Phaedrus, we possess nothing but solitary +examples, such as the famous apologue of Menenius Agrippa to the Plebs +and the exquisite Town Mouse and Country Mouse of Horace's _Satires_. + +The fables of the rhetorician Aphthonius about A.D. 400 in Greek prose, +and those in Latin elegiac verse by Avianus, used for centuries as a +text-book in schools, form in the history of the apologue a link between +classical and medieval times. In a Latin dress, sometimes in prose, +sometimes in regular verse, and sometimes in rhymed stanzas, the fable +contributed, with other kinds of narratives, to make up the huge mass of +stories which has been bequeathed to us by the monastic libraries. These +served more uses than one. They were at once easier and safer reading +than the classics. To the lazy monk they stood in place of novels; to +the more industrious and gifted they furnished an exercise on a par with +Latin verse composition in our public schools; the more original +transformed them into _fabliaux_, or embodied them in edifying stories, +as in the _Gesta Romanorum_. It is not in the _Speculum Doctrinale_ of +Vincent de Beauvais, a Dominican of the 12th century, nor in the +collection of his contemporary Odo de Cerinton, an English Cistercian, +nor in Planudes of the 14th century, whose one distinction is to have +added to the fables a life of Aesop, that the direct lineage of La +Fontaine must be traced. It is the _fabliaux_ that inspired some of his +best fables--the Lion's Court, the Young Widow, the Coach and the Fly. + +As the supremacy of Latin declined and modern languages began to be +turned to literary uses, the fable took a new life. Not only were there +numerous adaptations of Aesop, known as Ysopets, but Marie de France in +the 13th century composed many original fables, some rivalling La +Fontaine's in simplicity and gracefulness. Later, also, fables were not +wanting, though not numerous, in the English tongue. Chaucer has given +us one, in his Nonne Preste's Tale, which is an expansion of the fable +_Don Coc et don Werpil_ of Marie de France; another is Lydgate's tale of +The Churl and the Bird. + +Several of Odo's tales, like Chaucer's story, can be ultimately traced +to the History of Reynard the Fox. This great beast-epic has been +referred by Grimm as far back as the 10th century, and is known to us in +three forms, each with independent episodes, but all woven upon a common +basis. The Latin form is probably the earliest, and the poems +_Reinardus_ and _Ysengrinus_ date from the 10th or 11th century. Next +come the German versions. The most ancient, that of a minnesinger +Heinrich der Glichesaere (probably a Swabian), was analysed and edited +by Grimm in 1840. The French poem of more than 30,000 lines, the _Roman +du Rénard_, belongs probably to the 13th century. In 1498 appeared +_Reynke de Voss_, almost a literal version in Low Saxon of the Flemish +poem of the 12th century, _Reinaert de Vos_. Hence the well-known +version of Goethe into modern German hexameters was taken. The poem has +been well named "an unholy world Bible." In it the Aesopian fable +received a development which was in several respects quite original. We +have here no short and unconnected stories. Materials, partly borrowed +from older apologues, but in a much greater proportion new, are worked +up into one long and systematic tale. The moral, so prominent in the +fable proper, shrinks so far into the background, that the epic might be +considered a work of pure fiction, an animal romance. The attempts to +discover in it personal satire have signally failed; some critics deny +even the design to represent human conduct at all; and we can scarcely +get nearer to its signification than by regarding it as being, in a +general way, what Carlyle has called "a parody of human life." It +represents a contest maintained successfully, by selfish craft and +audacity, against enemies of all sorts, in a half-barbarous and +ill-organized society. With his weakest foes, like Chaunteclere the +Cock, Reynard uses brute-force; over the weak who are protected, like +Kiward the Hare and Belin the Ram, he is victorious by uniting violence +with cunning; Bruin, the dull, strong, formidable Bear, is humbled by +having greater power than his own enlisted against him; and the most +dangerous of all the fox's enemies, Isengrim, the obstinate, greedy and +implacable Wolf, after being baffled by repeated strokes of malicious +ingenuity, forces Reynard to a single combat, but even thus is not a +match for his dexterous adversary. The knavish fox has allies worthy of +him in Grimbart the watchful badger, and in his own aunt Dame Rukenawe, +the learned She-ape; and he plays at his pleasure on the simple +credulity of the Lion-King, the image of an impotent feudal sovereign. +The characters of these and other brutes are kept up with a rude kind of +consistency, which gives them great liveliness; many of the incidents +are devised with much force of humour; and the sly hits at the weak +points of medieval polity and manners and religion are incessant and +palpable. + +It is needless to trace the fable, or illustrations borrowed from +fables, that so frequently occur as incidental ornaments in the older +literature of England and other countries. It has appeared in every +modern nation of Europe, but has nowhere become very important, and has +hardly ever exhibited much originality either of spirit or of manner. In +English, Prior transplanted from France some of La Fontaine's ease of +narration and artful artlessness, while Gay took as his model the +_Contes_ rather than the _Fables_. Gay's fables are often political +satires, but some, like the Fox on his Deathbed, have the true ring, and +in the Hare with many Friends there is genuine pathos. To Dryden's +spirited remodellings of old poems, romances and _fabliaux_, the name of +fables, which he was pleased to give them, is quite inapplicable. In +German, Hagedorn and Gellert, both famous in their day and the latter +extolled by Goethe, are quite forgotten; and even Lessing's fables are +read by few but schoolboys. In Spanish, Yriarte's fables on literary +subjects are sprightly and graceful, but the critic is more than the +fabulist. A spirited version of the best appeared in _Blackwood's +Magazine_, 1839. Among Italians Pignotti is famous for versatility and +command of rhythm, as amongst Russians is Kriloff for his keen satire on +Russian society. He has been translated into English by Ralston. + +France alone in modern times has attained any pre-eminence in the fable, +and this distinction is almost entirely owing to one author. Marie de +France in the 13th century, Gilles Corrozet, Guillaume Haudent and +Guillaume Gueroult in the 16th, are now studied mainly as the +precursors of La Fontaine, from whom he may have borrowed a stray hint +or the outline of a story. The unique character of his work has given a +new word to the French language: other writers of fables are called +_fabulistes_, La Fontaine is named _le fablier_. He is a true poet; his +verse is exquisitely modulated; his love of nature often reminds us of +Virgil, as do his tenderness and pathos (see, for instance, The Two +Pigeons and Death and the Woodcutter). He is full of sly fun and +delicate humour; like Horace he satirizes without wounding, and "plays +around the heart." Lastly, he is a keen observer of men. The whole +society of the 17th century, its greatness and its foibles, its luxury +and its squalor, from _Le grand monarque_ to the poor _manant_, from his +majesty the lion to the courtier of an ape, is painted to the life. To +borrow his own phrase, La Fontaine's fables are "une ample comédie à +cent actes divers." Rousseau did his best to discredit the _Fables_ as +immoral and corruptors of youth, but in spite of _Émile_ they are +studied in every French school and are more familiar to most Frenchmen +than their breviary. Among the successors of La Fontaine the most +distinguished is Florian. He justly estimates his own merits in the +pretty apologue that he prefixed to his _Fables_. He asks a sage whether +a fabulist writing after La Fontaine would not be wise to consign his +work to the flames. The sage replies by a question: "What would you say +did some sweet, ingenuous Maid of Athens refuse to let herself be seen +because there was once a Helen of Troy?" + +The fables of Lessing represent the reaction against the French school +of fabulists. "With La Fontaine himself," says Lessing, "I have no +quarrel, but against the imitators of La Fontaine I enter my protest." +His attention was first called to the fable by Gellert's popular work +published in 1746. Gellert's fables were closely modelled after La +Fontaine's, and were a vehicle for lively railings against the fair sex, +and hits at contemporary follies. Lessing's early essays were in the +same style, but his subsequent study of the history and theory of the +fable led him to discard his former model as a perversion of later +times, and the "Fabeln," published in 1759, are the outcome of his riper +views. Lessing's fables, like all that he wrote, display his vigorous +common sense. He has, it is true, little of La Fontaine's _curiosa +felicitas_, his sly humour and lightness of touch; and Frenchmen would +say that his criticism of La Fontaine is an illustration of the fable of +the sour grapes. On the other hand, he has the rare power of looking at +both sides of a moral problem; he holds a brief for the stupid and the +feeble, the ass and the lamb; and in spite of his formal protest against +poetical ornament, there is in not a few of his fables a vein of true +poetry, as in the Sheep (ii. 13) and Jupiter and the Sheep (ii. 18). But +the monograph which introduced the _Fabeln_ is of more inportance than +the fables themselves. According to Lessing the ideal fable is that of +Aesop. All the elaborations and refinements of later authors, from +Phaedrus to La Fontaine, are perversions of this original. The fable is +essentially a moral precept illustrated by a single example, and it is +the lesson thus enforced which gives to the fable its unity and makes it +a work of art. The illustration must be either an actual occurrence or +represented as such, because a fictitious case invented _ad hoc_ can +appeal but feebly to the reader's judgment. Lastly, the fable requires a +story or connected chain of events. A single fact will not make a fable, +but is only an emblem. We thus arrive at the following definition:--"A +fable is a relation of a series of changes which together form a whole. +The unity of the fable consists herein, that all the parts lead up to an +end, the end for which the fable was invented being the moral precept." + +We may notice in passing a problem in connexion with the fable which had +long been debated, but never satisfactorily resolved till Lessing took +it in hand--Why should animals have been almost universally chosen as +the chief _dramatis personae_? The reason, according to Lessing, is that +animals have distinct characters which are known and recognized by all. +The fabulist who writes of Britannicus and Nero appeals to the few who +know Roman history. The Wolf and the Lamb comes home to every one +whether learned or simple. But, besides this, human sympathies obscure +the moral judgment; hence it follows that the fable, unlike the drama +and the epos, should abstain from all that is likely to arouse our +prejudices or our passions. In this respect the Wolf and the Lamb of +Aesop is a more perfect fable than the Rich Man and the Poor Man's Ewe +Lamb of Nathan. + +Lessing's analysis and definition of the fable, though he seems himself +unconscious of the scope of his argument, is in truth its death-warrant. +The beast-fable arose in a primitive age when men firmly believed that +beasts could talk and reason, that any wolf they met might be a +were-wolf, that a peacock might be a Pythagoras in disguise, and an ox +or even a cat a being worthy of their worship. To this succeeded the +second age of the fable, which belongs to the same stage of culture as +the Hebrew proverbs and the gnomic poets of Greece. That honesty is the +best policy, that death is common to all, seemed to the men of that day +profound truths worthy to be embalmed in verse or set off by the aid of +story or anecdote. Last comes an age of high literary culture which +tolerates the trite morals and hackneyed tales for the sake of the +exquisite setting, and is amused at the wit which introduces topics and +characters of the day under the transparent veil of animal life. Such an +artificial product can be nothing more than the fashion of a day, and +must, like pastoral poetry, die a natural death. A serious moralist +would hardly choose that form to inculcate, like Mandeville in his +_Fable of the Bees_, a new doctrine in morals, for the moral of the +fable must be such that he who runs may read. A true poet will not care +to masquerade as a moral teacher, or show his wit by refurbishing some +old-world maxim. Yet Taine in France, Lowell in America, and J.A. Froude +in England have proved that the fable as one form of literature is not +yet extinct, and is capable of new and unexpected developments. + + BIBLIOGRAPHY.--_Pantschatantrum_, ed. Kosegarten (Bonn, 1848); + _Hitopadesa_, ed. Max Müller (1864); Silvestre de Sacy, _Calilah et + Dimna, ou Fables de Bidpai, en Arabe, précédées d'un mémoire sur + l'origine de ce livre_ (Paris, 1816), translated by the Rev. Wyndham + Knatchbull (Oxford, 1819); Comparetti, _Ricerche intorno al Libro di + Sindebad_ (Milan, 1869); Max Müller, "Migration of Fables," _Chips + from a German Workshop_, vol. iv. (1875); Keller, _Untersuchungen über + die Geschichte der griechischen Fabel_ (Leipzig, 1862); _Babrius_, ed. + W.G. Rutherford, with excursus on Greek fables (1883); L. Hervieux, + _Les Fabuiistes latins_ (1884); Jakob Grimm, _Reinhart Fuchs_ (Berlin, + 1834); A.C.M. Robert, _Fables inédites des XII^e, XIII^e, et XIV^e + siècles_, &c. (Paris, 1825); Taine, _Essai sur les fables de La + Fontaine_ (1853); Saint-Marc Girardin, _La Fontaine et les fabulistes_ + (Paris, 1867). (F. S.) + + +FOOTNOTE: + + [1] M. Minas professed to have discovered under the same + circumstances another collection of ninety-four fables by Babrius. + This second part was accepted by Sir G.C. Lewis, but J. Conington + conclusively proved it spurious, and probably a forgery. See BABRIUS. + + + + +FABLIAU. The entertaining tales in eight-syllable rhymed verse which +form a marked section of French medieval literature are called +_fabliaux_, the word being derived by Littré from _fablel_, a diminutive +of _fable_. It is a mistake to suppose, as is frequently done, that +every legend of the middle ages is a fabliau. In a poem of the 12th +century a clear distinction is drawn between songs of chivalry, war or +love, and _fabliaux_, which are recitals of laughter. A fabliau always +related an event; it was usually brief, containing not more than 400 +lines; it was neither sentimental, religious nor supernatural, but comic +and gay. MM. de Montaiglon and Raynaud, who have closely investigated +this class of literature, consider that about 150 fabliaux have come +down to us more or less intact; a vast number have doubtless +disappeared. It appears from a phrase in the writings of the trouvère, +Henri d'Andeli, that the fabliau was not thought worthy of being copied +out on parchment. The wonder, then, is that so many of these ephemeral +compositions have been preserved. Arguments brought forward by M. Joseph +Bédier, however, tend to show that we need not regret the disappearance +of the majority of the fabliaux, as those which were copied into MSS. +were those which were felt to be of the greatest intrinsic value. As +early as the 8th century fabliaux must have existed, since the faithful +are forbidden to take pleasure in these _fabulas inanes_ by the +_Paenitentiale_ of Egbert. But it appears that all the early examples +are lost. + +In the opinion of the best scholars, the earliest surviving fabliau is +that of _Richeut_, which dates from 1159. This is a rough and powerful +study of the coarse life of the day, with little plot, but engaged with +a realistic picture of manners. Such poems, but of a more strictly +narrative nature, continued to be produced, mainly in the north and +north-east of France, until the middle of the 14th century. Much +speculation has been expended on the probable sources of the tales which +the trouvères told. The Aryan theory, which saw in them the direct +influence of India upon Europe, has now been generally abandoned. It +does not seem probable that any ancient or exotic influences were +brought to bear upon the French jongleurs, who simply invented or +adapted stories of that universal kind which springs unsown from every +untilled field of human society. More remarkable than the narratives +themselves is the spirit in which they are told. This is full of the +national humour and the national irony, the true _esprit gaulois_. A +very large section of these popular poems deals satirically with the +pretensions of the clergy. Such are the famous _Prêtre aux mûres_, the +_Prêtre qui dit la Passion_ and _Les Perdrix_. Some of these are +innocently merry; others are singularly depraved and obscene. Another +class of fabliaux is that which comprises jests against the professions; +in this, the most prominent example is _Le Vilain Mire_, a satire on +doctors, which curiously predicts the _Médecin malgré lui_ of Molière. +There are also tales whose purpose is rather voluptuous than witty, and +whose aim is to excuse libertinage and render marriage ridiculous. Among +these are prominent _Court Mantel_ and _Le Dit de Berenger_. Yet another +class repeated, with a strain of irony or oddity, such familiar +classical stories as those of Narcissus, and Pyramus and Thisbe. It is +rarely that any elevation of tone raises these poems above a familiar +and even playful level, but there are some that are almost idealistic. +Among these the story of a sort of Sisyphus errant, _Le Chevalier de +Barizel_, offers an ethical interest which lifts it in certain respects +above all other surviving fabliaux. An instance of the pathetic fabliau +is _Housse Partie_, a kind of primitive version of the story of King +Lear. + +In composing these pieces, of very varied character, the jongleurs have +practised an art which was in many respects rudimentary, but sincere and +simple. The student of language finds the rich vocabulary of the +fabliaux much more attractive to him than the conventionality of the +serious religious and amatory poems of the same age. The object of the +writers was the immediate amusement of their audience; by reference to +familiar things, they hoped to arouse a quick and genuine merriment. +Hence their incorrectness and their negligence are balanced by a +delightful ease and absence of pedantry, and in the fabliaux we get +closer than elsewhere to the living diction of medieval France. It is +true that if we extend too severe a judgment to these pieces, we may +find ourselves obliged to condemn them altogether. An instructed French +critic, vexed with their faults, has gone so far as to say that "the +subjects of these tales are degrading, their inspiration nothing better +than flat and cruel derision, their distinguishing features rascality, +vulgarity and platitude of style." From one point of view, this +condemnation of the fabliau is hardly too severe. But such scholars as +Gaston Paris and Paul Meyer have not failed to emphasize other sides to +the question. They have praised, in the general laxity of style and +garrulity of the middle ages, the terseness of the jongleurs; in the +period of false ornament, their fidelity to nature; in a time of general +vagueness, the sharp and picturesque outlines of their art. One feature +of the fabliaux, however, cannot be praised and yet must not be +overlooked. In no other section of the world's literature is the scorn +and hatred of women so prominent. It is difficult to account for the +anti-feminine rage which pervades the fabliaux, and takes hideous shapes +in such examples as _Le Valet aux deux femmes_, _Le Pêcheur de +Pont-sur-Seine_ and _Chicheface et Bigorne_. Probably this was a violent +reaction against the extravagant cult of woman as expressed in the +contemporary _lais_ as well as in the legends of saints. The +exaggeration was not greater in the one case than in the other, and it +is probable that the exaltation was made endurable to those who listened +to the trouvères by the corresponding degradation. We must remember, +too, that those who listened were not nobles or clerks, they were the +common people. The fabliaux were _fabellae ignobilium_, little stories +told to amuse persons of low degree, who were irritated by the moral +pretensions of their superiors. + +The names of about twenty of the authors of fabliaux have been +preserved, although in most cases nothing is known of their personal +history. The most famous poet of this class of writing is the man whose +name, or more probably pseudonym, was Rutebeuf. He wrote _Frère Denyse_ +and _Le Sacristain_, while to him is attributed the _Dit d'Aristote_, in +the course of which Aristotle gives good advice to Alexander. Fabliaux, +however, form but a small part of the work of Rutebeuf, who was a +satirical poet of wide accomplishment and varied energy. Most of the +jongleurs who wrote these merry and indecent tales in octosyllabic verse +were persons of less distinction. Henri d'Andeli was an ecclesiastic, +attached, it is supposed, to the cathedral of Rouen. Jean de Condé, who +flourished in the court of Hainaut from 1310 to 1340, and who is the +latest of the genuine writers of fabliaux, lived in comfort and +security, but most of the professional jongleurs seem to have spent +their years in a Bohemian existence, wandering among the clergy and the +merchant class, alternately begging for money and food and reciting +their mocking verses. + + The principal authorities for the fabliaux are MM. Anatole de + Montaiglon and Gaston Raynaud, who published the text, in 6 vols., + between 1872 and 1890. This edition corrected and supplemented the + very valuable labours of Méon (1808-1823) and Jubinal (1839-1842). The + works of Henri d'Andeli were edited by M.A. Héron in 1880, and those + of Rutebeuf were made the subject of an exhaustive monograph by M. + Léon Clédat in 1891. See also the editions of separate fabliaux by + Gaston Paris, Paul Meyer, Ebeling, August Schéler and other modern + scholars. M. Joseph Bedier's _Les Fabliaux_ (1895) is a useful summary + of critical opinion on the entire subject. (E. G.) + + + + +FABRE, FERDINAND (1830-1898), French novelist, was born at Bédarieux, in +Hérault, a very picturesque district of the south of France, which he +made completely his own in literature. He was the son of a local +architect, who failed in business, and Ferdinand was brought up by his +uncle, the Abbé Fulcran Fabre, at Camplong among the mulberry woods. Of +his childhood and early youth he has given a charming account in _Ma +Vocation_ (1889). He was destined to the priesthood, and was sent for +that purpose to the seminary of St Pons de Thomières, where, in 1848, he +had, as he believed, an ecstatic vision of Christ, who warned him "It is +not the will of God that thou shouldst be a priest." He had now to look +about for a profession, and, after attempting medicine at Montpellier, +was articled as a lawyer's clerk in Paris. In 1853 he published a volume +of verses, _Feuilles de lierre_, broke down in health, and crept back, +humble and apparently without ambition, to his old home at Bédarieux. +After some eight or nine years of country life he reappeared in Paris, +with the MS. of his earliest novel, _Les Courbezon_ (1862), in which he +treated the subject which was to recur in almost all his books, the +daily business of country priests in the Cevennes. This story enjoyed an +immediate success with the literary class of readers; George Sand +praised it, Sainte-Beuve hailed in its author "the strongest of the +disciples of Balzac," and it was crowned by the French Academy. From +this time forth Fabre settled down to the production of novels, of which +at the time of his death he had published about twenty. Among these the +most important were _Le Chevrier_ (1868), unique among his works as +written in an experimental mixture of Cevenol patois and French of the +16th century; _L'Abbé Tigrane, candidat à la papauté_ (1873), by common +consent the best of all Fabre's novels, a very powerful picture of +unscrupulous priestly ambition; _Mon Oncle Célestin_ (1881), a study of +the entirely single and tender-hearted country abbé; and _Lucifer_ +(1884), a marvellous gallery of serious clerical portraits. In 1883 +Fabre was appointed curator of the Mazarin Library, with rooms in the +Institute, where, on 11th February 1898, he died after a brief attack of +pneumonia. Ferdinand Fabre occupies in French literature a position +somewhat analogous to that of Mr Thomas Hardy amongst English writers of +fiction. He deals almost exclusively with the population of the mountain +villages of Hérault, and particularly with its priests. He loved most of +all to treat of the celibate virtues, the strictly ecclesiastical +passions, the enduring tension of the young soul drawn between the +spiritual vocation and the physical demands of nature. Although never a +priest, he preserved a comprehension of and a sympathy with the clerical +character, and he always indignantly denied that he was hostile to the +Church, although he stood just outside her borders. Fabre possessed a +limited and a monotonous talent, but within his own field he was as +original as he was wholesome and charming. + + See also J. Lemaître, _Les Contemporains_, vol. ii.; G. Pellissier, + _Études de littérature contemporaine_ (1898); E.W. Gosse, _French + Profiles_ (1905). (E. G.) + + + + +FABRE D'ÉGLANTINE, PHILIPPE FRANÇOIS NAZAIRE (1750-1794), French +dramatist and revolutionist, was born at Carcassonne on the 28th of July +1750. His real name was simple Fabre, the "d'Églantine" being added in +commemoration of his receiving the golden eglantine of Clémence Isaure +from the academy of the floral games at Toulouse. After travelling +through the provinces as an actor, he came to Paris, and produced an +unsuccessful comedy entitled _Les Gens de lettres, ou le provincial à +Paris_ (1787). A tragedy, _Augusta_, produced at the _Théâtre Français_, +was also a failure. One only of his plays, _Philinte, ou la suite du +Misanthrope_ (1790), still preserves its reputation. It professes to be +a continuation of Molière's _Misanthrope_, but the hero of the piece is +of a different character from the nominal prototype--an impersonation, +indeed, of pure and simple egotism. On its publication the play was +introduced by a preface, in which the author mercilessly satirizes the +_Optimiste_ of his rival J.F. Collin d'Harleville, whose _Châteaux en +Espagne_ had gained the applause which Fabre's _Présomptueux_ (1789) had +failed to win. The character of Philinte had much political +significance. Alceste received the highest praise, and evidently +represents the citizen patriot, while Philinte is a dangerous aristocrat +in disguise. Fabre was president and secretary of the club of the +Cordeliers, and belonged also to the Jacobin club. He was chosen by +Danton as his private secretary, and sat in the National Convention. He +voted for the king's death, supporting the _maximum_ and the law of the +suspected, and he was a bitter enemy of the Girondins. After the death +of Marat he published a _Portrait de l'Ami du Peuple_. On the abolition +of the Gregorian calendar he sat on the committee entrusted with the +formation of the republican substitute, and to him was due a large part +of the new nomenclature, with its poetic _Prairial and Floréal_, its +prosaic _Primidi_ and _Duodi_. The report which he made on the subject, +on the 24th of October, has some scientific value. On the 12th of +January 1794 he was arrested by order of the committee of public safety +on a charge of malversation and forgery in connexion with the affairs of +the Compagnie des Indes. Documents still existing prove that the charge +was altogether groundless. During his trial Fabre showed the greatest +calmness and sang his own well-known song of _Il pleut, il pleut, +bergère, rentre tes blancs moutons_. He was guillotined on the 5th of +April 1794. On his way to the scaffold he distributed his manuscript +poems to the people. + +A posthumous play, _Les Précepteurs_, steeped with the doctrines of +Rousseau's _Émile_, was performed on the 17th of September 1794, and met +with an enthusiastic reception. Among Fabre's other plays are the gay +and successful _Convalescent de qualité_ (1791), and _L'Intrigue +épistolaire_ (1791). In the latter play Fabre is supposed to have drawn +a portrait of the painter Jean Baptiste Greuze. + + The author's _Oeuvres mêlées et posthumes_ were published at Paris + 1802, 2 vols. See Albert Maurin, _Galerie hist. de la Révolution + française_, tome 11; Jules Janin, _Hist. de la litt. dram._; Chénier, + _Tableau de la litt. française_; F.A. Aulard in the _Nouvelle Revue_ + (July 1885). + + + + +FABRETTI, RAPHAEL (1618-1700), Italian antiquary, was born in 1618 at +Urbino in Umbria. He studied law at Cagli and Urbino, where he took the +degree of doctor at the age of eighteen. While in Rome he attracted the +notice of Cardinal Lorenzo Imperiali, who employed him successively as +treasurer and auditor of the papal legation in Spain, where he remained +thirteen years. Meanwhile, his favourite classical and antiquarian +studies were not neglected; and on his return journey he made important +observations of the relics and monuments of Spain, France and Italy. At +Rome he was appointed judge of appellation of the Capitol, which post he +left to be auditor of the legation at Urbino. After three years he +returned to Rome, on the invitation of Cardinal Carpegna, vicar of +Innocent XI., and devoted himself to antiquarian research, examining +with minute care the monuments and inscriptions of the Campagna. He +always rode a horse which his friends nicknamed "Marco Polo," after the +Venetian traveller. By Innocent XII. he was made keeper of the archives +of the castle St Angelo, a charge which he retained till his death. He +died at Rome on the 7th of January 1700. His collection of inscriptions +and monuments was purchased by Cardinal Stoppani, and placed in the +ducal palace at Urbino, where they may still be seen. + +His work _De Aquis et Aquae-ductibus veteris Romae_ (1680), three +dissertations on the topography of ancient Latium, is inserted in +Graevius's _Thesaurus_, iv. (1677). His interpretation of certain +passages in Livy and other classical authors involved him in a dispute +with Gronovius, which bore a strong resemblance to that between Milton +and Salmasius, Gronovius addressing Fabretti as _Faber Rusticus_, and +the latter, in reply, speaking of _Grunnovius_ and his _titivilitia_. In +this controversy Fabretti used the pseudonym Iasitheus, which he +afterwards took as his pastoral name in the Academy of the Arcadians. +His other works, _De Columna Trajani Syntagma_ (Rome, 1683), and +_Inscriptionum Antiquarum Explicatio_ (Rome, 1699), throw much light on +Roman antiquity. In the former is to be found his explication of a +bas-relief, with inscriptions, now in the Capitol at Rome, representing +the war and taking of Troy, known as the Iliac table. Letters and other +shorter works of Fabretti are to be found in publications of the time, +as the _Journal des Savants_. + + See Crescimbeni, _Le Vite degli Arcadi illustri_; Fabroni, _Vitae + Italorum_, vi. 174; Niceron, iv. 372; J. Lamius, _Memorabilia Italorum + eruditione praestantium_ (Florence, 1742-1748). + + + + +FABRIANI, SEVERINO (1792-1849), Italian author and teacher, was born at +Spilamberto, Italy, on the 7th of January 1792. Entering the Church, he +took up educational work, but in consequence of complete loss of voice +he resolved to devote himself to teaching deaf mutes, and founded a +small school specially for them. This school the duke of Modena made +into an institute, and by a special authority from the pope a teaching +staff of nuns was appointed. Fabriani's method of instruction is summed +up in his _Logical Letters on Italian Grammar_ (1847). He died on the +27th of April 1849. + + + + +FABRIANO, a town of the Marches, Italy, in the province of Ancona, from +which it is 44 m. S.W. by rail, 1066 ft. above sea-level. Pop. (1901) +town 9586, commune 22,996. It has been noted since the 13th century for +its paper mills, which still produce the best paper in Italy. A school +of painting arose here, one of the early masters of which is Allegretto +Nuzi (1308-1385); and several of the churches contain works by him and +other local masters. His pupil, Gentile da Fabriano (1370-1428), was a +painter of considerably greater skill and wider knowledge; but there are +no important works of his at Fabriano. The sacristy of S. Agostino also +contains some good frescoes by Ottaviano Nelli of Gubbio. The municipal +picture gallery contains a collection of pictures, and among them are +some primitive frescoes, attributable to the 12th century, which still +retain traces of Byzantine influence. The Archivio Comunale contains +documents on watermarked paper of local manufacture going back to the +13th century. The Ponte dell' Acra, a bridge of the 15th century, is +noticeable for the ingenuity and strength of its construction. The +hospital of S. Maria Buon Gesu is a fine work of 1456, attributed to +Rossellino. + + See A. Zonghi, _Antiche Carte Fabrianesi_. (T. As.) + + + + +FABRICIUS, GAIUS LUSCINUS (i.e. "the one-eyed"), Roman general, was the +first member of the Fabrician gens who settled in Rome. He migrated to +Rome from Aletrium (Livy ix. 43), one of the Hernican towns which was +allowed to retain its independence as a reward for not having revolted. +In 285 he was one of the ambassadors sent to the Tarentines to dissuade +them from making war on the Romans. In 282 (when consul) he defeated the +Bruttians and Lucanians, who had besieged Thurii (Livy, _Epit._ 12). +After the defeat of the Romans by Pyrrhus at Heraclea (280), Fabricius +was sent to treat for the ransom and exchange of the prisoners. All +attempts to bribe him were unsuccessful, and Pyrrhus is said to have +been so impressed that he released the prisoners without ransom +(Plutarch, _Pyrrhus_, 18). The story that Pyrrhus attempted to frighten +Fabricius by the sight of an elephant is probably a fiction. In 278 +Fabricius was elected consul for the second time, and was successful in +negotiating terms of peace with Pyrrhus, who sailed away to Sicily. +Fabricius afterwards gained a series of victories over the Samnites, the +Lucanians and the Bruttians, and on his return to Rome received the +honour of a triumph. Notwithstanding the offices he had filled he died +poor, and provision had to be made for his daughter out of the funds of +the state (Val. Max. iv. 4, 10). Fabricius was regarded by the Romans of +later times as a model of ancient simplicity and incorruptible +integrity. + + + + +FABRICIUS, GEORG (1516-1571), German poet, historian and archaeologist, +was born at Chemnitz in upper Saxony on the 23rd of April 1516, and +educated at Leipzig. Travelling in Italy with one of his pupils, he made +an exhaustive study of the antiquities of Rome. He published the results +in his _Roma_ (1550), in which the correspondence between every +discoverable relic of the old city and the references to them in ancient +literature was traced in detail. In 1546 he was appointed rector of the +college of Meissen, where he died on the 17th of July 1571. In his +sacred poems he affected to avoid every word with the slightest savour +of paganism; and he blamed the poets for their allusions to pagan +divinities. + + Principal works: editions of Terence (1548) and Virgil (1551); + _Poëmatum sacrorum libri xxv._ (1560); _Poëtarum veterum + ecclesiasticorum opera Christiana_ (1562); _De Re Poëtica libri + septem_ (1565); _Rerum Misnicarum libri septem_ (1569); (posthumous) + _Originum illustrissimae stirpis Saxonicae libri septem_ (1597); + _Rerum Germaniae magnae et Saxoniae universae memorabilium + mirabiliumque volumina duo_ (1609). A life of Georg Fabricius was + published in 1839 by D.C.W. Baumgarten-Crusius, who in 1845 also + issued an edition of Fabricius's _Epistolae ad W. Meurerum et alios + aequales_, with a short sketch _De Vita Ge. Fabricii et de gente + Fabriciorum_; see also F. Wachter in Ersch and Gruber's _Allgemeine + Encyclopädie_. + + + + +FABRICIUS, HIERONYMUS [FABRIZIO, GERONIMO] (1537-1619), Italian +anatomist and embryologist, was surnamed Acquapendente from the +episcopal city of that name, where he was born in 1537. At Padua, after +a course of philosophy, he studied medicine under G. Fallopius, whose +successor as teacher of anatomy and surgery he became in 1562. From the +senators of Venice he received numerous honours, and an anatomical +theatre was built by them for his accommodation. He died at Venice on +the 21st of May 1619. His works include _De visione, voce et auditu_ +(1600), _De formato foetu_ (1600), _De venarum ostiolis_ (1603), _De +formatione ovi et pulli_ (1621). His collected works were published at +Leipzig in 1687 as _Opera omnia Anatomica et Physiologica_, but the +Leiden edition, published by Albinus in 1738, is preferred as containing +a life of the author and the prefaces of his treatises. (See ANATOMY; +EMBRYOLOGY.) + + + + +FABRICIUS, JOHANN ALBERT (1668-1736), German classical scholar and +bibliographer, was born at Leipzig on the 11th of November 1668. His +father, Werner Fabricius, director of music in the church of St Paul at +Leipzig, was the author of several works, the most important being +_Deliciae Harmonicae_ (1656). The son received his early education from +his father, who on his death-bed recommended him to the care of the +theologian Valentin Alberti. He studied under J.G. Herrichen, and +afterwards at Quedlinburg under Samuel Schmid. It was in Schmid's +library, as he afterwards said, that he found the two books, F. Barth's +_Adversaria_ and D.G. Morhof's _Polyhistor Literarius_, which suggested +to him the idea of his _Bibliothecae_, the works on which his great +reputation was founded. Having returned to Leipzig in 1686, he published +anonymously (two years later) his first work, _Scriptorum recentiorum +decas_, an attack on ten writers of the day. His _Decas Decadum, sive +plagiariorum et pseudonymorum centuria_ (1689) is the only one ot his +works to which be signs the name Faber. He then applied himself to the +study of medicine, which, however, he relinquished for that of +theology; and having gone to Hamburg in 1693, he proposed to travel +abroad, when the unexpected tidings that the expense of his education +had absorbed his whole patrimony, and even left him in debt to his +trustee, forced him to abandon his project. He therefore remained at +Hamburg in the capacity of librarian to J.F. Mayer. In 1696 he +accompanied his patron to Sweden; and on his return to Hamburg, not long +afterwards, he became a candidate for the chair of logic and philosophy. +The suffrages being equally divided between Fabricius and Sebastian +Edzardus, one of his opponents, the appointment was decided by lot in +favour of Edzardus; but in 1699 Fabricius succeeded Vincent Placcius in +the chair of rhetoric and ethics, a post which he held till his death, +refusing invitations to Greifswald, Kiel, Giessen and Wittenberg. He +died at Hamburg on the 30th of April 1736. + + Fabricius is credited with 128 books, but very many of them were only + books which he had edited. One of the most famed and laborious of + these is the _Bibliotheca Latina_ (1697, republished in an improved + and amended form by J.A. Ernesti, 1773). The divisions of the + compilation are--the writers to the age of Tiberius; thence to that of + the Antonines; and thirdly, to the decay of the language; a fourth + gives fragments from old authors, and chapters on early Christian + literature. A supplementary work was _Bibliotheca Latina mediae et + infimae Aetatis_ (1734-1736; supplementary volume by C. Schöttgen, + 1746; ed. Mansi, 1754). His _chef-d'oeuvre_, however, is the + _Bibliotheca Graeca_ (1705-1728, revised and continued by G.C. Harles, + 1790-1812), a work which has justly been denominated _maximus antiquae + eruditionis thesaurus_. Its divisions are marked off by Homer, Plato, + Christ, Constantine, and the capture of Constantinople in 1453, while + a sixth section is devoted to canon law, jurisprudence and medicine. + Of his remaining works we may mention:--_Bibliotheca Antiquaria_, an + account of the writers whose works illustrated Hebrew, Greek, Roman + and Christian antiquities (1713); _Centifolium Lutheranum_, a Lutheran + bibliography (1728); _Bibliotheca Ecclesiastica_ (1718). His _Codex + Apocryphus_ (1703) is still considered indispensable as an authority + on apocryphal Christian literature. + + The details of the life of Fabricius are to be found in _De Vita et + Scriptis J.A. Fabricii Commentarius_, by his son-in-law, H.S. + Reimarus, the well-known editor of Dio Cassius, published at Hamburg, + 1737; see also C.F. Bähr in Ersch and Gruber's _Allgemeine + Encyclopädie_, and J.E. Sandys, _Hist. Class. Schol._ iii. (1908). + + + + +FABRICIUS, JOHANN CHRISTIAN (1745-1808), Danish entomologist and +economist, was born at Tondern in Schleswig on the 7th of January 1745. +After studying at Altona and Copenhagen, he was sent to Upsala, where he +attended the lectures of Linnaeus. He devoted his attention +professionally to political economy, and, after lecturing on that +subject in 1769, was appointed in 1775 professor of natural history, +economy and finance at Kiel, in which capacity he wrote various works, +chiefly referring to Denmark, and of no special interest. He also +published a few other works on general and natural history, botany and +travel (including _Reise nach Norwegen_, 1779), and, although his +professional stipend was small, he extended his personal researches into +every town in northern and central Europe where a natural history museum +was to be found. It is as an entomologist that his memory survives, and +for many years his great scientific reputation rested upon the system of +classification which he founded upon the structure of the mouth-organs +instead of the wings. He had a keen eye for specific differences, and +possessed the art of terse and accurate description. He died on the 3rd +of March 1808. + + A complete list of his entomological publications (31) will be found + in Hagen's _Bibliotheca Entomologiae_; the following are the + chief:--_Systema Entomologiae_ (1775); _Genera Insectorum_ (1776); + _Philosophia Entomologica_ (1778); _Species insectorum_ (1781); + _Mantissa Insectorum_ (1787); _Entomologia Systematica_ (1792-1794), + with a supplement (1798); _Systema Eleutheratorum_ (1801), + _Rhyngotorum_ (1803), _Piezatorum_ (1804), and _Antliatorum_ (1805). + Full particulars of his life will be found, with a portrait, in the + _Transactions of the Entomological Society of London_ (1845), 4, pp. + i-xvi, where his autobiography is translated from the Danish. + + + + +FABRIZI, NICOLA (1804-1885), Italian patriot, was born at Modena on the +4th of April 1804. He took part in the Modena insurrection of 1831, and +attempted to succour Ancona, but was arrested at sea and taken to +Toulon, whence he proceeded to Marseilles. Afterwards he organized with +Mazzini the ill-fated Savoy expedition. Taking refuge in Spain, he +fought against the Carlists, and was decorated for valour on the +battlefield (18th July 1837). At the end of the Carlist War he +established a centre of conspiracy at Malta, endeavoured to dissuade +Mazzini from the Bandiera enterprise, but aided Crispi in organizing the +Sicilian revolution of 1848. With a company of volunteers he +distinguished himself in the defence of Venice, afterwards proceeding to +Rome, where he took part in the defence of San Pancrazio. Upon the fall +of Rome he returned to Malta, accumulating arms and stores; which he +conveyed to Sicily; after having, in 1859, worked with Crispi to prepare +the Sicilian revolution of 1860. While Garibaldi was sailing from Genoa +towards Marsala Fabrizi landed at Pizzolo, and, after severe fighting, +joined Garibaldi at Palermo. Under the Garibaldian Dictatorship he was +appointed governor of Messina and minister of war. Returning to Malta +after the Neapolitan plebiscite, which he had vainly endeavoured to +postpone, he was recalled to aid Cialdini in suppressing brigandage. +While on his way to Sicily in 1862, to induce Garibaldi to give up the +Aspromonte enterprise, he was arrested at Naples by Lamarmora. During +the war of 1866 he became Garibaldi's chief of staff, and in 1867 fought +at Mentana. In parliament he endeavoured to promote agreement between +the chiefs of the Left, and from 1878 onwards worked to secure the +return of Crispi to power, but died on the 31st of March 1885, two years +before the realization of his object. His whole life was characterized +by ardent patriotism and unimpeachable integrity. (H. W. S.) + + + + +FABROT, CHARLES ANNIBAL (1580-1659), French jurisconsult, was born at +Aix in Provence on the 15th of September 1580. At an early age he made +great progress in the ancient languages and in the civil and the canon +law; and in 1602 he received the degree of doctor of law, and was made +avocat to the parlement of Aix. In 1609 he obtained a professorship in +the university of his native town. He is best known by his translation +of the _Basilica_, which may be said to have formed the code of the +Eastern empire till its destruction. This work was published at Paris in +1647 in 7 vols. fol., and obtained for its author a considerable pension +from the chancellor, Pierre Seguier, to whom it was dedicated. Fabrot +likewise rendered great service to the science of jurisprudence by his +edition of Cujas, which comprised several treatises of that great jurist +previously unpublished. He also edited the works of several Byzantine +historians, and was besides the author of various antiquarian and legal +treatises. He died at Paris on the 16th of January 1659. + + + + +FABYAN, ROBERT (d. 1513), English chronicler, belonged to an Essex +family, members of which had been connected with trade in London. He was +a member of the Drapers company, alderman of Farringdon Without, and +served as sheriff in 1493-1494. In 1496 he was one of those appointed to +make representations to the king on the new impositions on English cloth +in Flanders. Next year he was one of the aldermen employed in keeping +watch at the time of the Cornish rebellion. He resigned his aldermanry +in 1502, on the pretext of poverty, apparently in order to avoid the +expense of mayoralty. He had, however, acquired considerable wealth with +his wife Elizabeth Pake, by whom he had a numerous family. He spent his +latter years on his estate of Halstedys at Theydon Garnon in Essex. He +died on the 28th of February 1513 (_Inquisitiones post mortem for +London_, p. 29, edited by G.S. Fry, 1896); his will, dated the 11th of +July 1511, was proved on the 12th of July 1513. Fabyan's Chronicle was +first published by Richard Pynson in 1516 as _The new chronicles of +England and of France_. In this edition it ends with the reign of +Richard III., and this probably represents the work as Fabyan left it, +though with the omission of an autobiographical note and some religious +verses, which form the _Envoi_ of his history. The note and verses are +first found in the second edition, printed by John Rastell in 1533 with +continuations down to 1509. A third edition appeared in 1542, and a +fourth in 1559 with additions to that year. The only modern edition is +that of Sir Henry Ellis, 1811. + +In the note above mentioned Fabyan himself says: "and here I make an +ende of the vii. parte and hole werke, the vii. day of November in the +yere of our Lord Jesu Christes Incarnacion M. vc. and iiij." This seems +conclusive that in 1504 he did not contemplate any extension of his +chronicles beyond 1485. The continuations printed by Rastell are +certainly not Fabyan's work. But Stow in his _Collections_ (ap. _Survey +of London_, ii. 305-306, ed. C.L. Kingsford) states that Fabyan wrote "a +Chronicle of London, England and of France, beginning at the creation +and endynge in the third year of Henry VIII., which both I have in +written hand." In his _Survey of London_ (i. 191, 209, ii. 55, 116) Stow +several times quotes Fabyan as his authority for statements which are +not to be found in the printed continuations of Rastell. Some further +evidence may be found in other notes of Stow's (ap. _Survey of London_, +ii. 280, 283, 365-366), and in the citation by Hakluyt of an unprinted +work of Fabyan as the authority for his note of Cabot's voyages. That +Fabyan had continued his Chronicle to 1511 may be accepted as certain, +but no trace of the manuscript can now be found. + +It is only the seventh part of Fabyan's Chronicle, from the Norman +Conquest onwards, that possesses any historical value. For his French +history he followed chiefly the _Compendium super Francorum gestis_ of +Robert Gaguin, printed at Paris in 1497. For English history his best +source was the old _Chronicles of London_, from which he borrowed also +the arrangement of his work in civic form. From 1440 to 1485 he follows, +as a rule with great fidelity, the original of the London Chronicle in +Cotton MS. Vitellius A. XVI. (printed in _Chronicles of London_, 1905, +pp. 153-264). + +Fabyan's own merits are little more than those of an industrious +compiler, who strung together the accounts of his different authorities +without any critical capacity. He says expressly that his work was +"gaderyd without understandynge," and speaks of himself as "of cunnynge +full destitute." Nevertheless he deserves the praise which he has +received as an early worker, and for having made public information +which through Hall and Holinshed has become the common property of later +historians, and has only recently been otherwise accessible. Bale +alleges that the first edition was burnt by order of Cardinal Wolsey +because it reflected on the wealth of the clergy; this probably refers +to his version of the Lollards Bill of 1410, which Fabyan extracted from +one of the London Chronicles. + + See further Ellis' _Introduction_; W. Busch, _England under the + Tudors_ (trans. A.M. Todd, 1895), i. 405-410; and C.L. Kingsford, + _Chronicles of London_, pp. xxvi-xxxii (1905). (C. L. K.) + + + + +FAÇADE, a French architectural term signifying the external face of a +building, but more generally applied to the principal front. + + + + +FACCIOLATI, JACOPO (1682-1769), Italian philologist, was born at +Torriglia, in the province of Padua, in 1682. He owed his admission to +the seminary of Padua to Cardinal Barberigo, who had formed a high +opinion of the boy's talents. As professor of logic, and regent of the +schools, Facciolati was the ornament of the Paduan university during a +period of forty-five years. He published improved editions of several +philological works, such as the _Thesaurus Ciceronianus_ of Nizolius, +and the polyglot vocabulary known under the name of Calepino. The latter +work, in which he was assisted by his pupil Egidio Forcellini, he +completed in four years--1715 to 1719. It was written in seven +languages, and suggested to the editor the idea of his _opus magnum_, +the _Tolius Latinitatis Lexicon_, which was ultimately published at +Cardinal Priole's expense, 4 vols. fol., Padua, 1771 (revised ed. by de +Vit, 1858-1887). In the compilation of this work the chief burden seems +to have been borne by Facciolati's pupil Forcellini, to whom, however, +the lexicographer allows a very scanty measure of justice. Perhaps the +best testimony to the learning and industry of the compiler is the +well-known observation that the whole body of Latinity, if it were to +perish, might be restored from this lexicon. Facciolati's mastery of +Latin style, as displayed in his epistles, has been very much admired +for its purity and grace. In or about 1739 Facciolati undertook the +continuation of Papadopoli's history of the university of Padua, +carrying it on to his own day. Facciolati was known over all Europe as +one of the most enlightened and zealous teachers of the time; and among +the many flattering invitations which he received, but always declined, +was one from the king of Portugal, to accept the directorship of a +college at Lisbon for the young nobility. He died in 1769. His history +of the university was published in 1757, under the name _Fasti Gymnasii +Patavini_. In 1808 a volume containing nine of his Epistles, never +before published, was issued at Padua. + + See J.E. Sandys, _Hist. Class. Schol._ ii. (1908). + + + + +FACE (from Lat. _facies_, derived either from _facere_, to make, or from +a root _fa-_, meaning "appear"; cf. Gr. [Greek: phainein]), a word whose +various meanings of surface, front, expression of countenance, look or +appearance, are adaptations of the application of the word to the +external part of the front portion of the head, usually taken to extend +from the top of the forehead to the point of the chin, and from ear to +ear (see ANATOMY: _Superficial and Artistic_; and PHYSIOGNOMY). + + + + +FACTION (through the French, from Lat. factio, a company of persons +combined for action, _facere_, to do; from the other French derivative +_façon_ comes "fashion"), a term, used especially with an opprobrious +meaning, for a body of partisans who put their party aims and interests +above those of the state or public, and employ unscrupulous or +questionable means; it is thus a common term of reciprocal abuse between +parties. In the history of the Roman and Later Roman empires the +factions (_factiones_) of the circus and hippodrome, at Rome and +Constantinople, played a prominent part in politics. The _factiones_ +were properly the four companies into which the charioteers were +divided, and distinguished by the colours they wore. Originally at Rome +there were only two, white (_albata_) and red (_russata_), when each +race was open to two chariots only; on the increase to four, the green +(_prasina_) and blue (_veneta_) were added. At Constantinople the last +two absorbed the red and white factions. + + For a brilliant description of the factions at Constantinople under + Justinian, and the part they played in the celebrated Nika riot in + January 532, see Gibbon's _Decline and Fall_, ch. xl.; and J.B. Bury's + _Appendix_ 10 in vol. iv. of his edition (1898), for a discussion of + the relationship between the _factiones_ and the demes of + Constantinople. + + + + +FACTOR (from Lat. _facere_, to make or do), strictly "one who makes"; +thus in ordinary parlance, anything which goes to the composition of +anything else is termed one of its "factors," and in mathematics the +term is used of those quantities which, when multiplied together, +produce a given product. In a special sense, however--and that to which +this article is devoted--"factor" is the name given to a mercantile +agent (of the class known as "general agents") employed to buy or sell +goods for a commission. When employed to sell, the possession of the +goods is entrusted to him by his principal, and when employed to buy it +is his duty to obtain possession of the goods and to consign them to his +principal. In this he differs from a broker (q.v.), who has not such +possession, and it is this distinguishing characteristic which gave rise +in England to the series of statutes known as the Factors Acts. By these +acts, consolidated and extended by the act of 1889, third parties buying +or taking pledges from factors are protected as if the factor were in +reality owner; but these enactments have in no way affected the +contractual relations between the factor and his employer, and it will +be convenient to define them before discussing the position of third +parties as affected by the act. + + +I. FACTOR AND PRINCIPAL + +A factor is appointed or dismissed in the same way as any other agent. +He may be employed for a single transaction or to transact all his +principal's business of a certain class during a limited period or till +such time as his authority may be determined. A factor's duty is to sell +or buy as directed; to carry out with care, skill and good faith any +instructions he may receive; to receive or make payment; to keep +accounts, and to hand over to his principal the balance standing to his +principal's credit, without any deduction save for commission and +expenses. All express instructions he must carry out to the full, +provided they do not involve fraud or illegality. On any point not +covered by his express instructions he must follow the usual practice of +his particular business, if not inconsistent with his instructions or +his position as factor. Many usages of businesses in which factors are +employed have been proved in court, and may now be regarded as legally +established. For instance, he may, unless otherwise directed, sell in +his own name, give warranties as to goods sold by him, sell by sample +(in most businesses), give such credit as is usual in his business, +receive payment in cash or as customary; and give receipts in full +discharge, sell by indorsement of bills of lading; and insure the goods. +It is his duty to clear the goods at the customs, take charge of them +and keep them safely, give such notices to his principal and others as +may be required, and if necessary take legal proceedings for the +protection of the goods. On the other hand, he has not authority to +delegate his employment, or to barter; and as between himself and his +principal he has no right to pledge the goods, although as between the +principal and the pledgee, an unauthorized pledge made by the factor may +by virtue of the Factors Act 1889 be binding upon the principal. It is, +moreover, inconsistent with his employment as agent that he should buy +or sell on his own account from or to his principal. A factor has no +right to follow any usage which is inconsistent with the ordinary duties +and authority of a factor unless his principal has expressly or +impliedly given his consent. + +On the due performance of his duties the factor is entitled to his +commission, which is usually a percentage on the value of the goods sold +or bought by him on account of his principal, regulated in amount by, +the usages of each business. Sometimes the factor makes himself +personally responsible for the solvency of the persons with whom he +deals, in order that his principal may avoid the risk entailed by the +usual trade credit. In such a case the factor is said to be employed on +_del credere_ terms, and is entitled to a higher rate of commission, +usually 2½% extra. Such an arrangement is not a contract of guarantee +within the Statute of Frauds, and therefore need not be in writing. +Besides his remuneration, the factor is entitled to be reimbursed by his +principal for any expenses, and to be indemnified against any +liabilities which he may have properly incurred in the execution of his +principal's instructions. For the purpose of enforcing his rights a +factor has, without legal proceedings, two remedies. Firstly, by virtue +of his general _lien_ (q.v.) he may hold any of his principal's goods +which come to his hands as security for the payment to him of any +commission, out-of-pocket expenses, or even general balance of account +in his favour. Although he cannot sell the goods, he may refuse to give +them up until he is paid. Secondly, where he has consigned goods to his +principal but not been paid, he may "_stop in transit_" subject to the +same rules of law as an ordinary vendor; that is to say, he must +exercise his right before the transit ends; and his right may be +defeated by his principal transferring the document of title to the +goods to some third person, who takes it in good faith and for valuable +consideration (Factors Act 1889, section 10). If the factor does not +carry out his principal's instructions, or carries them out so +negligently or unskilfully that his principal gets no benefit thereby, +the factor loses his commission and his right to reimbursement and +indemnity. If by such failure or negligence the principal suffers any +loss, the latter may recover it as damages. So too if the factor fails +to render proper accounts his principal may by proper legal proceedings +obtain an account and payment of what is found due; and threatened +breaches of duty may be summarily stopped by an injunction. Criminal +acts by the factor in relation to his principal's goods are dealt with +by section 78 of the Larceny Act 1860. + + +II. PRINCIPAL AND THIRD PARTY + +(a) _At Common Law._--The actual authority of a factor is defined by the +same limits as his duty, the nature of which has been just described; +i.e. firstly, by his principal's express instructions; secondly, by the +rules of law and usages of trade, in view of which those instructions +were expressed. But his power to bind his principal as regards third +parties is often wider than his actual authority; for it would not be +reasonable that third parties should be prejudiced by secret +instructions, given in derogation of the authority ordinarily conferred +by the custom of trade; and, as regards them, the factor is said to have +"_apparent_" or "_ostensible_" authority, or to be _held out_ as having +authority to do what is customary, even though he may in fact have been +expressly forbidden so to do by his principal. But this rule is subject +to the proviso that if the third party have notice of the factor's +actual instructions, the "apparent" authority will not be greater than +the actual. "The general principle of law," said Lord Blackburn in the +case of _Cole_ v. _North-Western Bank_, 1875, L.R. 10, C.P. 363, "is +that when the true owner has clothed any one with apparent authority to +act as his agent, he is bound to those who deal with the agent on the +assumption that he really is an agent with that authority, to the same +extent as if the apparent authority were real." Under such circumstances +the principal is for reasons of common fairness precluded, or, in legal +phraseology, _estopped_, from denying his agent's authority. On the same +principle of estoppel, but not by reason of any trade usages, a course +of dealing which has been followed between a factor and a third party +with the assent of the principal will give the factor apparent authority +to continue dealing on the same terms even after the principal's assent +has been withdrawn; provided that the third party has no notice of the +withdrawal. + +Such apparent authority binds the principal both as to acts done in +excess of the actual authority and also when the actual authority has +entirely ceased. For instance, A. B. receives goods from C.D. with +instructions not to sell below 1s. per lb.; A. B. sells at 10½d., the +market price; the buyer is entitled to the goods at 10½d., because A. B. +had apparent authority, although he exceeded his actual authority. On +the same principle the buyer would get a good title by buying from A. B. +goods entrusted to him by C. D., even though at the time of the sale C. +D. had revoked A. B.'s authority and instructed him not to sell at all. +In either case the factor is held out as having authority to sell, and +the principal cannot afterwards turn round and say that his factor had +no such authority. As in the course of his business the factor must +necessarily make representations preliminary to the contracts into which +he enters, so the principal will be bound by any such representations as +may be within the factor's actual or apparent authority to the same +degree as by the factor's contracts. + +(b) _Under the Factors Act 1889._--The main object of the Factors Acts, +in so far as they relate to transactions carried out by factors, has +been to add to the number of cases in which third parties honestly +buying or lending money on the security of goods may get a good title +from persons in whose possession the goods are with the consent, actual +or apparent, of the real owners, thus calling in aid the principle of +French law that "_possession vaut titre_" as against the doctrine of the +English common law that "_nemo dat quod non habet_." The chief change in +the law relating specially to factors has been to put pledges by factors +on the same footing as sales, so as to bind a principal to third parties +by his factor's pledge as by his factor's sale. The Factors Act 1889 in +part re-enacts and in part extends the provisions of the earlier acts of +1823, 1825, 1842 and 1877; and is, so far as it relates to sales by +factors, in large measure merely declaratory of the law as it previously +existed. Its most important provisions concerning factors are as +follows:-- + + Section I., s.s. 1. The expression mercantile agent shall mean a + mercantile agent having in the customary course of his business as + such agent authority either to sell goods, or to consign goods for the + purpose of sale, or to buy goods, or to raise money on the security of + goods; + + 2. A person shall be deemed to be in possession of goods or of the + documents or title to goods when the goods or documents are in his + actual custody or are held by any other person subject to his control + or for him on his behalf. + + 4. The expression "document of title" shall include any bill of + lading, dock warrant, warehouse keeper's certificate, and warrant or + order for the delivery of goods, and any other document used in the + ordinary course of business as proof of the possession or control of + goods, or authorizing or purporting to authorize, either by + indorsement or by delivery, the possessor of the document to transfer + or receive goods thereby represented. + + Section II., s.s. 1. Where a mercantile agent is, with the consent of + the owner, in possession of goods or of the documents or title to + goods, any sale, pledge or other disposition of the goods made by him + when acting in the ordinary course of business of a mercantile agent + shall, subject to the provisions of this act, be as valid as if he + were expressly authorized by the owner of the goods to make the same; + provided that the person taking under the disposition acts in good + faith, and has not at the time of the disposition notice that the + person making the disposition has not authority to make the same. + + 2. Where a mercantile agent has, with the consent of the owner, been + in possession of goods or of the documents of title to goods, any + sale, pledge or other disposition which would have been valid if the + consent had continued shall be valid notwithstanding the determination + of the consent; provided that the person taking under the disposition + has not at the time thereof notice that the consent has been + determined. + + 3. Where a mercantile agent has obtained possession of any documents + of title to goods by reason of his being or having been, with the + consent of the owner, in possession of the goods represented thereby, + or of any other documents of title to the goods, his possession of the + first-mentioned documents shall, for the purposes of the act, be + deemed to be with the consent of the owner. + + +III. ENFORCEMENT OF CONTRACTS + +1. Where a factor makes a contract in the name of his principal and +himself signs as agent only, he drops out as soon as the contract is +made, and the principal and third party alone can sue or be sued upon +it. As factors usually contract in their own name this is not a common +case. It is characteristic of brokers rather than of factors. + +2. Where a factor makes a contract for the principal without disclosing +his principal's name, the third party may, on discovering the principal, +elect whether he will treat the factor or his principal as the party to +the contract; provided that if the factor contract expressly as factor, +so as to exclude the idea that he is personally responsible, he will not +be liable. The principal may sue upon the contract, so also may the +factor, unless the principal first intervene. + +3. Where a factor makes a contract in his own name without disclosing +the existence of his principal, the third party may, on discovering the +existence of the principal, elect whether he will sue the factor or the +principal. Either principal or factor may sue the third party upon the +contract. But if the factor has been permitted by the principal to hold +himself out as the principal, and the person dealing with the factor has +believed that the factor was the principal and has acted on that belief +before ascertaining his mistake, then in an action by the principal the +third party may set up any defences he would have had against the factor +if the factor had brought the action on his own account as principal. + +4. Where a factor has a lien upon the goods and their proceeds for +advances made to the principal it will be no defence to an action by him +for the third party to plead that he has paid the principal, unless the +factor by his conduct led the third party to believe that he agreed to a +settlement being made with his principal. + +5. The factor who acts for a foreign principal will always be personally +liable unless it is clear that the third party has agreed to look only +to the principal. + +6. If a factor contract by deed under seal he alone can sue or be sued +upon the contract; but mercantile practice makes contracts by deed +uncommon. + + AUTHORITIES.--Story, _Commentaries on the Law of Agency_ (Boston, + 1882); Boyd and Pearson, _The Factors Acts 1823 to 1877_ (London, + 1884); Blackwell, _The Law relating to Factors_ (London, 1897). + (L. F. S.) + + + + +FACTORY ACTS, the name given generally to a long series of acts +constituting one of the most important chapters in the history of +English labour legislation (see LABOUR LEGISLATION); the term "factory" +itself being short for manufactory, a building or collection of +buildings in which men or women are employed in industry. + + + + +FACULA (diminutive of _fax_, Lat. for "torch"), in astronomy, a minute +shining spot on the sun's disk, markedly brighter than the photosphere +in general, usually appearing in groups. Faculae are most frequent in +the neighbourhood of spots. (See SUN.) + + + + +FACULTY (through the French, from the Lat. _facultas_, ability to do +anything, from _facilis_, easy, _facere_, to do; another form of the +word in Lat. _facilitas_, facility, ease, keeps the original meaning), +power or capacity of mind or body for particular kinds of activity, +feeling, &c. In the early history of psychology the term was applied to +various mental processes considered as causes or conditions of the +mind--a treatment of "class concepts of mental phenomena as if they were +real forces producing these phenomena" (G.F. Stout, _Analytic +Psychology_, vol. i. p. 17). In medieval Latin _facultas_ was used to +translate [Greek: dunamis] in the Aristotelian application of the word +to a branch of learning or knowledge, and thus it is particularly +applied to the various departments of knowledge as taught in a +university and to the body of teachers of the particular art or science +taught. The principal "faculties" in the medieval universities were +theology, canon and civil law, medicine and arts (see UNIVERSITIES). A +further extension of this use is to the body of members of any +particular profession. + +In law, "faculty" is a dispensation or licence to do that which is not +permitted by the common law. The word in this sense is used only in +ecclesiastical law. A faculty may be granted to be ordained deacon under +twenty-three years of age; to hold two livings at once (usually called a +licence or dispensation, but granted under the seal of the office of +faculties; see BENEFICE); to be married at any place or time (usually +called a special licence; see MARRIAGE; LICENCE); to act as a notary +public (q.v.). Any alteration in a church, such as an addition or +diminution in the fabric or the utensils or ornaments of the church, +cannot strictly be made without the legal sanction of the ordinary, +which can only be expressed by the issue of a faculty. So a faculty +would be required for a vault, for the removal of a body, for the +purpose of erecting monuments, for alterations in a parsonage house, for +brick graves, for the apportionment of a seat, &c. Cathedrals, however, +are exempt from the necessity for a faculty before making alterations in +the fabric, utensils or ornaments. + +The court of faculties is the court of the archbishop for granting +faculties. It is a court in which there is no litigation or holding of +pleas. Its chief officer is called the master of faculties, and he is +one and the same with the judge of the court of arches. Attached to the +court of faculties are a registrar and deputy registrars, a chief clerk +and record-keeper, and a seal keeper. In Scotland the society of +advocates of the court of session, and local bodies of legal +practitioners, are described as faculties. + + + + +FAED, THOMAS (1826-1900), British painter, born in Kirkcudbrightshire, +was the brother of John Faed, R.S.A., and received his art education in +the school of design, Edinburgh. He was elected an associate of the +Royal Scottish Academy in 1849, came to London three years later, was +elected an associate of the Royal Academy in 1861, and academician in +1864, and retired in 1893. He had much success as a painter of domestic +genre, and had considerable executive capacity. Three of his pictures, +"The Silken Gown," "Faults on Both Sides," and "The Highland Mother," +are in the National Gallery of British Art. + + See William D. McKay, _The Scottish School of Painting_ (1906). + + + + +FAENZA (anc. _Faventia_), a city and episcopal see of Emilia, Italy, in +the province of Ravenna, from which it is 31 m. S.W. by rail, 110 ft. +above sea-level. It is 31 m. S.E. of Bologna by rail, on the line from +Bologna to Rimini, and it is the junction of a line to Florence through +the Apennines. Pop. (1901) 21,809 (town), 39,757 (commune). The town is +surrounded by walls which date from 1456. The cathedral of S. Costanzo +stands in the spacious Piazza Vittorio Emanuele in the centre of the +town. It was begun in 1474 by Giuliano da Maiano; the façade is, +however, incomplete. In the interior is the beautiful early Renaissance +tomb of S. Savinus with reliefs showing scenes from his life, of fine +and fresh execution, by Benedetto da Maiano; and later tombs by P. +Bariloto, a local sculptor. Opposite the cathedral is a fountain with +bronze ornamentation of 1583-1621. The clock tower alongside the +cathedral belongs to the 17th century. Beyond it is the Palazzo +Comunale, formerly the residence of the Manfredi, but entirely +reconstructed. The other churches of the town have been mostly restored, +but S. Michele (and the Palazzo Manfredi opposite it) are fine early +Renaissance buildings in brickwork. The municipal art gallery contains +an altar-piece by Girolamo da Treviso (who also painted a fresco in the +Chiesa della Commenda), a wooden St Jerome by Donatello, and a bust of +the young St John by Antonio Rossellino (?), and some fine specimens of +majolica, a variety of which, faience, takes its name from the town. It +was largely manufactured in the 15th and 16th centuries, and the +industry has been revived in modern times with success. + +The ancient Faventia, on the Via Aemilia, was obviously from its name +founded by the Romans and had the citizenship before the Social War. It +was the scene of the defeat of C. Papirius Carbo and C. Norbanus by Q. +Caecilius Metellus Pius in 82 B.C. In the census of Vespasian a woman of +Faventia is said to have given her age as 135. Pliny speaks of the +whiteness of its linen, and the productiveness of its vines is +mentioned. It is noticeable that some of the fields in the territory of +the ancient Faventia still preserve the exact size of the ancient Roman +_centuria_ of 200 _iugeri_ (E. Bormann in _Corp. Inscr. Lat._ xi., +Berlin, 1888, p. 121). When the exarchate was established, the town +became part of it, and in 748 it was taken by Liutprand. Desiderius gave +it to the church with the duchy of Ferrara. In the 11th century it began +to increase in importance. In the wars of the 12th and 13th centuries it +at first took the imperial side, but in 1240 it stood a long siege from +Frederick II. and was only taken after eight months. After further +struggles between Guelphs and Ghibellines, the Manfredi made themselves +masters of the place early in the 14th century, and remained in power +until 1501, when the town was taken by Caesar Borgia and the last +legitimate members of the house of the Manfredi were drowned in the +Tiber; and, after falling for a few years into the hands of the +Venetians, it became a part of the states of the church in 1509. + (T. As.) + + + + +FAEROE (also written FAROE or THE FAEROES, Danish _Faeröerne_ or +_Färöerne_, "the sheep islands"), a group of islands in the North Sea +belonging to Denmark. They are situated between Iceland and the Shetland +Islands, about 200 m. N.W. of the latter, about the intersection of 7° +E. with 62° N. The total land area of the group is 511 sq. m., and there +are twenty-one islands (excluding small rocks and reefs), of which +seventeen are inhabited. The population in 1880 amounted to 11,220, and +in 1900 to 15,230. The principal islands are Strömö, on which is the +chief town, Thorshavn, with a population of 1656; Osterö, Süderö, Vaagö, +Sandö and Bordö. They consist throughout of rocks and hills, separated +from each other by narrow valleys or ravines; but, though the hills rise +abruptly, there are often on their summits, or at different stages of +their ascent, plains of considerable magnitude. Almost everywhere they +present to the sea perpendicular cliffs, broken into fantastic forms, +affording at every turn, to those who sail along the coast, the most +picturesque and varied scenery. The highest hills are Slättaretindur in +Osterö, and Kopende and Skellingfjeld in Strömö, which rise respectively +to 2894, 2592 and 2520 ft. The sea pierces the islands in deep fjords, +or separates them by narrow inlets through which tidal currents set with +great violence, at speeds up to seven or eight knots an hour; and, as +communications are maintained almost wholly by boat, the natives have +need of expert watermanship. There are several lakes in which trout are +abundant, and char also occur; the largest is Sörvaag Lake in Vaagö, +which is close to the sea, and discharges into it by a sheer fall of +about 160 ft. Trees are scarce, and there is evidence that they formerly +flourished where they cannot do so now. + + The fundamental formation is a series of great sheets of columnar + basalt, 70 to 100 ft. thick, in which are intercalated thin beds of + tuff. Upon the basalt rests the so-called Coal formation, 35 to 50 ft. + thick; the lower part of this is mainly fireclay and sandstone, the + upper part is weathered clay with thin layers of brown coal and shale. + The coal is found in Süderö and in some of the other islands in + sufficient quantity to make it a matter of exploitation. Above these + beds there are layers of dolerite, 15 to 20 ft. thick, with nodular + segregations and abundant cavities which are often lined with + zeolites. As the rocks lie in a horizontal position, on most of the + islands of the group only the basalts or dolerite are visible. The + crater from which the volcanic rocks were outpoured probably lies off + the Faeroe Bank some distance to the south-west of Süderö. The basalts + are submarine flows which formed the basis of the land upon which + grew the vegetation which gave rise to the coals; the effusion of + dolerite which covered up the Coal formation was subaerial. The + existing land features, with the fjords, are due to ice erosion in the + glacial period.[1] + +The climate is oceanic; fogs are common, violent storms are frequent at +all seasons. July and August are the only true summer months, but the +winters are not very severe. It seldom freezes for more than one month, +and the harbours are rarely ice-bound. The methods of agriculture are +extremely primitive and less than 3% of the total area is under +cultivation. As the plough is ill-suited to the rugged surface of the +land, the ground is usually turned up with the spade, care being taken +not to destroy the roots of the grass, as hay is the principal crop. +Horses and cows are few, and the cows give little milk, in consequence +of the coarse hay upon which they are fed. The number of sheep, however, +justifies the name of the islands, some individuals having flocks of +from three to five hundred, and the total number in the islands +considerably exceeds ten thousand. The northern hare (_Lepus alpinus_) +is pretty abundant in Strömö and Osterö, having been introduced into the +islands about 1840-1850. The catching of the numerous sea-birds which +build their nests upon the face of the cliffs forms an important source +of subsistence to the inhabitants. Sometimes the fowler is let down from +the top of the cliff; at other times he climbs the rocks, or, where +possible, is pushed upwards by poles made for the purpose. The birds and +the contents of the nests are taken in nets mounted on poles; shooting +is not practised, lest it should permanently scare the birds away. +Fowling has somewhat decreased in modern times, as the fisheries have +risen in importance. The puffin is most commonly taken for its feathers. +The cod fishery is especially important, dried fish being exported in +large quantity, and the swim-bladders made into gelatine, and also used +and exported for food. The whaling industry came into importance towards +the close of the 19th century, and stations for the extraction of the +oil and whalebone have been established at several points, under careful +regulations designed to mitigate the pollution of water, the danger to +live-stock from eating the blubber, &c. The finner whale is the species +most commonly taken. + +The trade of the Faeroe Islands was for some time a monopoly in the +hands of a mercantile house at Copenhagen, and this monopoly was +afterwards assumed by the Danish government, but by the law of the 21st +of March 1855 all restrictions were removed. The produce of the whaling +and fishing industries, woollen goods, lamb skins and feathers, are the +chief exports, while in Thorshavn the preserving of fish and the +manufacture of carpets are carried on to some extent. Thorshavn is +situated on the S.E. side of Strömö, upon a narrow tongue of land, +having creeks on each side, where ships may be safely moored. It is the +seat of the chief government and ecclesiastical officials, and has a +government house and a hospital. The houses are generally built of wood +and roofed with birch bark covered with turf. The character of the +people is marked by simplicity of manners, kindness and hospitality. +They are healthy, and the population increases steadily. The Faeroes +form an _amt_ (county) of Denmark. They have also a local parliament +(_lagthing_), consisting of the _amtmann_ and nineteen other members. +Among other duties, this body elects a representative to the upper house +of parliament (_landsthing_) in Denmark; the people choose by vote a +representative in the lower house (_folkething_). The islands are +included in the Danish bishopric of Zealand. + +_History._--The early history of the Faeroes is not clear. It appears +that about the beginning of the 9th century Grim Kamban, a Norwegian +emigrant who had left his country to escape the tyranny of Harold +Haarfager, settled in the islands. It is said that a small colony of +Irish and Scottish monks were found in Süderö and dispersed by him. The +Faeroes then already bore their name of Sheep Islands, as these animals +had been found to flourish here exceedingly. Early in the 11th century +Sigmund or Sigismund Bresterson, whose family had flourished in the +southern islands but had been almost exterminated by invaders from the +northern, was sent from Norway, whither he had escaped, to take +possession of the islands for Olaf Trygvason, king of Norway. He +introduced Christianity, and, though he was subsequently murdered, +Norwegian supremacy was upheld, and continued till 1386, when the +islands were transferred to Denmark. English adventurers gave great +trouble to the inhabitants in the 16th century, and the name of Magnus +Heineson, a native of Strömö, who was sent by Frederick II. to clear the +seas, is still celebrated in many songs and stories. There was formerly +a bishopric at Kirkebö, S. of Thorshavn, where remains of the cathedral +may be seen; but it was abolished at the introduction of Protestantism +by Christian III. Denmark retained possession of the Faeroes at the +peace of Kiel in 1815. The native literature of the islands consists of +the _Faereyinga Saga_, dealing with the period of Sigmund Bresterson, +and a number of popular songs and legends of early origin. + + BIBLIOGRAPHY.--Lucas Jacobson Debes, _Feroa Reserata_ (Copenhagen, + 1673; Eng. transl. London, 1675); Torfaeus, _De rebus gestis + Faereyensium_ (Copenhagen, 1695); I. Landt, _Beskrivelse over + Färöerne_ (1800), and _Descriptions of the Feroe Islands_ (London, + 1810); A.J. Symington, _Pen and Pencil Sketches of Faroe and Iceland_ + (1862); J. Russel-Jeaffreson, _The Faröe Islands_ (1901); J. Falk + Rönne, _Beskrivelse over Färöerne_ (Copenhagen, 1902); C.H. Ostenfeld, + E. Warming and others, _Botany of the Faeroes_ (Copenhagen, + 1901-1903); Annandale, _The Faroes and Iceland_ (Oxford, 1905). The + _Faereyinga Saga_ was translated by F. York Powell (London, 1896); for + folk-songs and legends see S. Kraeth, _Die färöischen Lieder von + Sigurd_ (Paderborn, 1877); V.U. Hammershaimb, _Faeröisk Anthologi_ + (Copenhagen, 1886-1891). + + +FOOTNOTE: + + [1] See Hans von Post, "Om Färöarnes uppkomst," _Geologiska + Föreningens i Stockholm Förhandlingar_, vol. xxiv. (1902). + + + + +FAESULAE (mod. _Fiesole_, q.v.), an ancient city of Etruria, on the +height 3 m. to the N.E. of Florentia, 970 ft. above sea-level. Remains +of its walls are preserved on all sides, especially on the N.E., in one +place to a height of 12 to 14 courses. The blocks are often not quite +rectangular, and the courses sometimes change; but the general tendency +is horizontal and the walls are not of remote antiquity, the +irregularities in them being rather due to the hardness of the material +employed, the rock of the hill itself. The courses vary in height from 1 +to 3 ft., and some blocks are as long as 12½ ft. In this portion of the +wall are two drains, below one of which is a _phallus_. The site of an +ancient gate, and the road below it, can be traced; a little farther E. +was an archway, conjectured by Dennis to be a gate of the Roman period, +destroyed in 1848. The whole circuit of the walls extended for about +1-2/3 m. The Franciscan monastery (1130 ft.) occupies the site of the +acropolis, once encircled by a triple wall, of which no traces are now +visible. Here was also the _Capitolium_ of Roman times, as an +inscription found here in 1879 records (_Corpus Inscr. Lat._ xi., +Berlin, 1888, No. 1545). The Roman theatre, below the cathedral to the +N.E., has 19 tiers of stone seats and is 37 yds. in diameter. Above it +is an embanking wall of irregular masonry, and below it some remains of +Roman baths, including five parallel vaults of concrete. Just outside +the town on the E. a reservoir, roofed by the convergence of its sides, +which were of large regular blocks, was discovered in 1832, but filled +in again. Over 1000 silver denarii, all coined before 63 B.C., were +found at Faesulae in 1829. A small museum contains the objects found in +the excavations of the theatre. + +Though Faesulae was an Etruscan city, we have no record of it in history +until 215 B.C., when the Gauls passed near it in their march on Rome. +Twelve years later Hannibal seems to have taken this route in his march +south after the victory of the Trebia. It appears to have suffered at +the hands of Rome in the Social War, and Sulla expelled some of the +inhabitants from their lands to make room for his veterans, but some of +the latter were soon driven out in their turn by the former occupiers. +Both the veterans, who soon wasted what they had acquired, and the +dispossessed cultivators joined the partisans of Catiline, and Manlius, +one of his supporters, made his headquarters at Faesulae. Under the +empire we hear practically nothing of it; in A.D. 405 Radagaisus was +crushed in the neighbouring hills, and Belisarius besieged and took it +in A.D. 539. + + See L.A. Milani, _Rendiconti dei Lincei_, ser. vi. vol. ix. (1900), + 289 seq., on the discovery of an archaic altar of the _Locus sacer_ of + Florence, belonging to Ancharia (Angerona), the goddess of Fiesole. + (T. As.) + + + + +FAFNIR, in Scandinavian mythology, the son of the giant Hreidmar. He was +the guardian of the hoard of the Nibelungs and was killed by Sigurd. + + + + +FAGGING (from "fag," meaning "weary"; of uncertain etymology), in +English public schools, a system under which, generally with the full +approval of the authorities, a junior boy performs certain duties for a +senior. In detail this custom varies slightly in the different schools, +but its purpose--the maintenance of discipline among the boys +themselves--is the same. Dr Arnold of Rugby defined fagging as "the +power given by the supreme authorities of the school to the Sixth Form, +to be exercised by them over the lower boys, for the sake of securing a +regular government among the boys themselves, and avoiding the evils of +anarchy; in other words, of the lawless tyranny of brute force." Fagging +was a fully established system at Eton and Winchester in the 16th +century, and is probably a good deal older. That the advantages of thus +granting the boys a kind of autonomy have stood the test of time is +obvious from the fact that in almost all the great public schools +founded during the 19th century, fagging has been deliberately adopted +by the authorities. The right to fag carries with it certain +well-defined duties. The fag-master is the protector of his fags, and +responsible for their happiness and good conduct. In cases of bullying +or injustice their appeal is to him, not to the form or house master, +and, except in the gravest cases, all such cases are dealt with by the +fag-master on his own responsibility and without report to the master. +Until recent years a fag's duties included such humble tasks as blacking +boots, brushing clothes, and cooking breakfasts, and there was no limit +as to hours; almost all the fag's spare time being so monopolized. This +is now changed. Fagging is now restricted to such light tasks as running +errands, bringing tea to the "master's" study, and fagging at cricket or +football. At Eton there is no cricket fagging, and at most schools it is +made lighter by all the fags taking their turn in regular order for one +hour, so that each boy has to "fag" but once in so many weeks. At Rugby +there is "study-fagging"--two fags being assigned to each Sixth Form boy +and made responsible for the sweeping out and tidying up of his study +alternately each week,--and "night-fagging"--running errands for the +Sixth between 8.30 and 9.30 every evening,--and each boy can choose +whether he will be a study-fag or night-fag. The right to fag is usually +restricted to the Sixth Form, but at Eton the privilege is also granted +the Fifth, and at Marlborough and elsewhere the Eleven have a right to +fag at cricket, whether in the Sixth or not. + + + + +FAGGOT, a bundle of sticks used for firewood. The word is adapted from +the Fr. _fagot_, and appears in Italian as _fagotto_, the name given to +the bassoon (q.v.). "Faggot" is frequently used with reference to the +burning of heretics, and recanted heretics wore an embroidered faggot on +the arm as a symbol of the punishment they had escaped. In the 18th +century the word is used of a "dummy" soldier, appearing on the rolls of +a regiment. It is this use, coupled with the idea of a bundle of sticks +as being capable of subdivision, that appears in the expression +"faggot-vote," a vote artificially created by the minute splitting up of +property so as to give a bare qualification for the franchise. + + + + +FAGNIEZ, GUSTAVE CHARLES (1842- ), French historian and economist, was +born in Paris on the 6th of October 1842. Trained at the École des +Chartes and the École des Hautes Études, he made his first appearance in +the world of scholarship as the author of an excellent book called +_Études sur l'industrie et la classe industrielle à Paris au XIII^e et au +XIV^e siècle_ (1877). This work, composed almost entirely from documents, +many unpublished, opened a new field for historical study. Twenty years +later he supplemented this book by an interesting collection of +_Documents relatifs à l'histoire de l'industrie et du commerce en France_ +(2 vols., 1898-1900), and in 1897 he published _L'Économie sociale de la +France sous Henri IV_, a volume containing the results of very minute +research. He did not, however, confine himself to economic history. His +_Le Père Joseph et Richelieu_ (1894), though somewhat frigid and severe, +is based on a mass of unpublished information, and shows remarkable +psychologic grasp. In 1878 his _Journal parisien de Jean de Maupoint, +prieur de Ste Catherine-de-la-Couture_ was published in vol. iv. of the +_Mémoires de la sociêtê de l'histoire de Paris et de l'Île de France_. He +wrote numerous articles in the _Revue historique_ (of which he was +co-director with Gabriel Monod for some years) and in other learned +reviews, such as the _Revue des questions historiques_ and the _Journal +des savants_. In 1901 he was elected member of the Académie des Sciences +Morales et Politiques. + + + + +FAGUET, ÉMILE (1847- ), French critic and man of letters, was born at +La Roche sur Yon on the 17th of December 1847. He was educated at the +normal school in Paris, and after teaching for some time in La Rochelle +and Bordeaux he came to Paris. After acting as assistant professor of +poetry in the university he became professor in 1897. He was elected to +the academy in 1900, and received the ribbon of the Legion of Honour in +the next year. He acted as dramatic critic to the _Soleil_; from 1892 he +was literary critic to the _Revue bleue_; and in 1896 took the place of +M. Jules Lemaître on the _Journal des débats_. Among his works are +monographs on _Flaubert_ (1899), _André Chénier_ (1902), _Zola_ (1903); +an admirably concise _Histoire de la littérature française depuis le +XVII^e siècle jusqu'à nos jours_; series of literary studies on the +17th, 18th and 19th centuries; _Questions politiques_ (1899); _Propos +littéraires_ (3 series, 1902-1905); _Le Libéralisme_ (1902); and +_L'Anticléricalisme_ (1906). + + See A. Séché, _Émile Faguet_ (1904). + + + + +FA-HIEN (fl. A.D. 399-414), Chinese Buddhist monk, pilgrim-traveller, +and writer, author of one of the earliest and most valuable Chinese +accounts of India. He started from Changgan or Si-gan-fu, then the +capital of the Tsin empire, and passing the Great Wall, crossed the +"River of Sand" or Gobi Desert beyond, that home of "evil demons and hot +winds," which he vividly describes,--where the only way-marks were the +bones of the dead, where no bird appeared in the air above, no animal on +the ground below. Arriving at Khotan, the traveller witnessed a great +Buddhist festival; here, as in Yarkand, Afghanistan and other parts +thoroughly Islamized before the close of the middle ages, Fa-Hien shows +us Buddhism still prevailing. India was reached by a perilous descent of +"ten thousand cubits" from the "wall-like hills" of the Hindu Kush into +the Indus valley (about A.D. 402); and the pilgrim passed the next ten +years in the "central" Buddhist realm,--making journeys to Peshawur and +Afghanistan (especially the Kabul region) on one side, and to the Ganges +valley on another. His especial concern was the exploration of the +scenes of Buddha's life, the copying of Buddhist texts, and converse +with the Buddhist monks and sages whom the Brahmin reaction had not yet +driven out. Thus we find him at Buddha's birthplace on the Kohana, +north-west of Benares; in Patna and on the Vulture Peak near Patna; at +the Jetvana monastery in Oudh; as well as at Muttra on the Jumna, at +Kanauj, and at Tamluk near the mouth of the Hugli. But now the +narrative, which in its earlier portions was primarily historical and +geographical, becomes mystical and theological; miracle-stories and +meditations upon Buddhist moralities and sacred memories almost entirely +replace matters of fact. From the Ganges delta Fa-Hien sailed with a +merchant ship, in fourteen days, to Ceylon, where he transcribed all the +sacred books, as yet unknown in China, which he could find; witnessed +the festival of the exhibition of Buddha's tooth; and remarked the trade +of Arab merchants to the island, two centuries before Mahomet. He +returned by sea to the mouth of the Yangtse-Kiang, changing vessels at +Java, and narrowly escaping shipwreck or the fate of Jonah. + +Fa-Hien's work is valuable evidence to the strength, and in many places +to the dominance, of Buddhism in central Asia and in India at the time +of the collapse of the Roman empire in western Europe. His tone +throughout is that of the devout, learned, sensible, rarely hysterical +pilgrim-traveller. His record is careful and accurate, and most of his +positions can be identified; his devotion is so strong that it leads him +to depreciate China as a "border-land," India the home of Buddha being +the true "middle kingdom" of his creed. + + See James Legge, _Record of Buddhistic Kingdoms, being an account by + the Chinese Monk Fâ-hien of his travels in India and Ceylon_; + translated and edited, with map, &c. (Oxford, 1886); S. Beal, _Travels + of Fah-Hian and Sung-Yun, Buddhist pilgrims from China to India, 400 + and 518 A.D._, translated, with map, &c. (1869); C.R. Beazley, _Dawn + of Modern Geography_, vol. i. (1897), pp. 478-485. + + + + +FAHLCRANTZ, CHRISTIAN ERIK (1790-1866), Swedish author, was born at +Stora Tuna in Sweden on the 30th of August 1790. His brothers, Carl +Johan (1774-1861), the landscape-painter, and Axel Magnus (1780-1854), +the sculptor, became hardly less distinguished than himself. In 1804 he +entered the university of Upsala; in 1821 he became tutor in Arabic, and +in 1825 professor of Oriental languages. In 1828 he entered the church, +but earlier than this, in 1825, he published his _Noachs Ark_, a +successful satire on the literary and social life of his time, followed +in 1826 by a second part. In 1835 Fahlcrantz brought out the first part +of his epic of _Ansgarius_, which was completed in 1846, in 14 cantos. +In 1842 he was made a member of the Swedish Academy, and in 1849 he was +made bishop of Vesterås, his next literary work being an archaeological +study on the beautiful ancient cathedral of his diocese. In the course +of the years 1858-1861 appeared the five volumes of his _Rom förr och +nu_ (_Rome as it was and is_), a theological polemic, mainly directed +against the Jesuits. He died on the 6th of August 1866. His complete +works (7 vols., Örebro, 1863-1866) were issued mainly under his own +superintendence. + + + + +FAHRENHEIT, GABRIEL DANIEL (1686-1736), German physicist, was born at +Danzig on the 14th of May 1686. For the most part he lived in England +and Holland, devoting himself to the study of physics and making a +living, apparently, by the manufacture of meteorological instruments. He +was the author of important improvements in the construction of +thermometers, and he introduced the thermometric scale known by his name +and still extensively used in Great Britain and the United States (see +THERMOMETRY). He also invented an improved form of hygrometer, a +description of which, together with accounts of various observations and +experiments made by him, was published in the _Phil. Trans._ for 1724. +He died in Holland on the 16th of September 1736. + + + + +FAIDHERBE, LOUIS LÉON CÉSAR (1818-1889), French general and colonial +administrator, was born on the 3rd of June 1818, at Lille, received his +military education at the École Polytechnique and at Metz, and entered +the engineers in 1840. From 1844 to 1847 he served in Algeria, then two +years in the West Indies, and again in Algeria, taking part in many +expeditions against the Arabs. In 1852 he was transferred to Senegal as +sub-director of engineers, and in 1854 was promoted _chef de bataillon_ +and appointed governor of the colony. He held this post with one brief +interval until July 1865. The work he accomplished in West Africa +constitutes his most enduring monument. At that time France possessed in +Senegal little else than the town of St Louis and a strip of coast. +Explorers had, however, made known the riches and possibilities of the +Niger regions, and Faidherbe formed the design of adding those countries +to the French dominions. He even dreamed of creating a French African +empire stretching from Senegal to the Red Sea. To accomplish even the +first part of his design he had very inadequate resources, especially in +view of the aggressive action of Omar Al-Hadji, the Moslem ruler of the +countries of the middle Niger. By boldly advancing the French outposts +on the upper Senegal Faidherbe stemmed the Moslem advance, and by an +advantageous treaty with Omar in 1860 brought the French possessions +into touch with the Niger. He also brought into subjection the country +lying between the Senegal and Gambia. When he resigned his post French +rule had been firmly established over a very considerable and fertile +area and the foundation laid upon which his successors built up the +predominant position occupied now by France in West Africa. In 1863 he +became general of brigade. From 1867 to the early part of 1870 he +commanded the subdivision of Bona in Algeria, and was commanding the +Constantine division at the commencement of the Franco-German War. +Promoted general of division in November 1870, he was on the 3rd of +December appointed by the Government of National Defence to be +commander-in-chief of the army of the North. In this post he showed +himself to be possessed of the highest military talents, and the +struggle between the I. German army and that commanded by Faidherbe, in +which were included the hard-fought battles of Pont Noyelles, Bapaume +and St Quentin, was perhaps the most honourable to the French army in +the whole of the People's War. Even with the inadequate force of which +he disposed he was able to maintain a steady resistance up to the end of +the war. Elected to the National Assembly for the department of the +Nord, he resigned his seat in consequence of its reactionary +proceedings. For his services he was decorated with the grand cross, and +made chancellor of the order of the Legion of Honour. In 1872 he went on +a scientific mission to Upper Egypt, where he studied the monuments and +inscriptions. An enthusiastic geographer, philologist and archaeologist, +he wrote numerous works, among which may be mentioned _Collection des +inscriptions numidiques_ (1870), _Épigraphie phénicienne_ (1873), _Essai +sur la langue poul_ (1875), and _Le Zénaga des tribes sénégalaises_ +(1877), the last a study of the Berber language. He also wrote on the +geography and history of Senegal and the Sahara, and _La Campagne de +l'armée du Nord_ (1872). He was elected a senator in 1879, and, in spite +of failing health, continued to the last a close student of his +favourite subjects. He died on the 29th of September 1889, and received +a public funeral. Statues and monuments to his memory were erected at +Lille, Bapaume, St Quentin and St Louis, Senegal. + + + + +FAIENCE, properly the French term for the _porzellana di Faenza_, a fine +kind of glazed and painted earthenware made at Faenza in Italy, hence a +term applied generally to all kinds of pottery other than unglazed +pottery or porcelain. It is often particularly applied to the +translucent earthenware made in Persia (see CERAMICS). + + + + +FAILLY, PIERRE LOUIS CHARLES DE (1810-1892), French general, was born at +Rozoy-sur-Serre (Aisne) on the 21st of January 1810, and entered the +army from St Cyr in 1828. In 1851 he had risen to the rank of colonel, +and Napoleon III., with whom he was a favourite, made him general of +brigade in 1854 and general of division in 1855, after which for a time +De Failly was his aide-de-camp. In the war of 1859 De Failly commanded a +division, and in 1867 he defeated Garibaldi at Mentana, this action +being the first in which the chassepot was used. In 1870 De Failly +commanded the V. corps. His inactivity at Bitsch on the 6th of August +while the I. corps on his right and the II. corps on his left were +crushed at Wörth and Spicheren respectively, gave rise to the greatest +indignation in France, and his military career ended, after the V. corps +had been severely handled at Beaumont on the 30th of August, with the +catastrophe of Sedan. The rest of his life was spent in retirement. De +Failly wrote _Campaigne de 1870, Opérations et marche du 5^me corps +jusqu'au 30 août_ (Brussels, 1871). + + + + +FAIN, AGATHON JEAN FRANÇOIS (1778-1837), French historian, was born in +Paris on the 11th of January 1778. Having gained admittance to the +offices of the Directory, he became head of a department. Under the +Consulate he entered the office of the secretary of state, in the +department of the archives. In 1806 he was appointed secretary and +archivist to the _cabinet particulier_ of the emperor, whom he attended +on his campaigns and journeys. He was created a baron of the empire in +1809, and, on the fall of Napoleon, was first secretary of the cabinet +and confidential secretary. Compelled by the second Restoration to +retire into private life, he devoted his leisure to writing the history +of his times, an occupation for which his previous employments well +fitted him. He published successively _Manuscrit de 1814, contenant +l'histoire des six derniers mois du règne de Napoléon_ (1823; new +edition with illustrations, 1906); _Manuscrit de 1813, contenant le +précis des événements de cette année pour servir à l'histoire de +l'empereur Napoléon_ (1824); _Manuscrit de 1812_ (1827); and _Manuscrit +de l'an iii. (1794-1795), contenant les premières transactions de +l'Europe avec la république française et le tableau des derniers +événements du régime conventionnel_ (1828), all of which are remarkable +for accuracy and wide range of knowledge, and are a very valuable source +for the history of Napoleon I. Of still greater importance for the +history of Napoleon are Fain's _Mémoires_, which were published +posthumously in 1908; they relate more particularly to the last five +years of the empire, and give a detailed picture of the emperor at work +on his correspondence among his confidential secretaries. Immediately +after the overthrow of Charles X., King Louis Philippe appointed Fain +first secretary of his cabinet (August 1830). Fain was a member of the +council of state and deputy from Montargis from 1834 until his death, +which occurred in Paris on the 16th of September 1837. + + + + +FAIR, a commercial institution, defined as a "greater species of market +recurring at more distant intervals": both "fair" and "market" (q.v.) +have been distinguished by Lord Coke from "mart," which he considers as +a greater species of fair; and all three may be defined as periodic +gatherings of buyers and sellers in an appointed place, subject to +special regulation by law or custom. Thus in England from a strictly +legal point of view there can be no fair or market without a franchise; +and a franchise of fair or market can only be exercised by right of a +grant from the crown, or by the authority of parliament or by +prescription presupposing a grant. In the earliest times periodical +trading in special localities was necessitated by the difficulties of +communication and the dangers of travel. Public gatherings, whether +religious, military or judicial, which brought together widely scattered +populations, were utilized as opportunities for commerce. At the +festivals of Delos and at the Olympic games trade, it is said, found +important outlets, while in Etruria the annual general assembly at the +temple of Voltumna served at the same time as a fair and was regularly +attended by Roman traders. Instances of a similar nature might be +multiplied; but it was above all with religious festivals which recurred +with regularity and convoked large numbers of persons that fairs, as +distinguished from markets, are most intimately associated. + +The most commonly accepted derivation of the word "fair" is from the +Latin _feria_, a name which the church borrowed from Roman custom and +applied to her own festivals. A fair was generally held during the +period of a saint's feast and in the precincts of his church or abbey, +but in England this desecration of church or churchyard was first +forbidden by the Statute of Winton (c. Edward I.). Most of the famous +fairs of medieval England and Europe, with their tolls or other +revenues, and, within certain limits of time and place, their monopoly +of trade, were grants from the sovereign to abbots, bishops and other +ecclesiastical dignitaries. Their "holy day" associations are preserved +in the German word for fairs, _Messen_; as also in the _kirmiss_, +"church mass," of the people of Brittany. So very intimate was the +connexion between the fair and the feast of the saint that the former +has very commonly been regarded as an off-shoot or development of the +latter. But there is every reason to suppose that fairs were already +existing national institutions, long before the church turned or was +privileged to turn them to her own profit. + +The first charter of the great fair of Stourbridge, near Cambridge, was +granted by King John for the maintenance of a leper hospital; but the +origin of the fair itself is ascribed to Carausius, the rebel emperor of +Britain, A.D. 207. At all events, it may be seen from the _data_ given +in Herbert Spencer's _Descriptive Sociology_ that the country had then +arrived at the stage of development where fairs might have been +recognized as a necessity. The Romans also appear to have elaborated a +market-law similar to that in force throughout medieval Europe--though +it must be observed that the Roman _nundinae_, which some have regarded +as fairs, were weekly markets. It has also been supposed that the +ancient fairs of Lyons were a special privilege granted by the Roman +conquerors; and Sidonius Apollinaris, A.D. 427, alludes to the fairs of +the district afterwards known as the county of Champagne, as if they +were then familiarly known institutions. Fairs, in a word, would not +only have arisen naturally, wherever the means of communication between +individual centres of production and consumption were felt to be +inadequate to the demand for an interchange of commodities; but, from +their very nature, they might be expected to show some essential +resemblances, even in points of legislation, and where no international +transmission of custom could have been possible. Thus, the fair courts +of pre-Spanish Mexico corresponded very closely to those of the +Beaucaire fair. They resembled the English courts of piepowder. The +Spaniards, when first they saw the Mexican fairs, were reminded of the +like institutions in Salamanca and Granada. The great fair or market at +the city of Mexico is said to have been attended by about 40,000 or +50,000 persons, and is thus described by Prescott:-- + + "Officers patrolled the square, whose business it was to keep the + peace, to collect the dues imposed on the various kinds of + merchandise, to see that no false measures or fraud of any kind were + used, and to bring offenders at once to justice. A court of twelve + judges sat in one part of the _tianguez_ clothed with those ample and + summary powers which, in despotic countries, are often delegated even + to petty tribunals. The extreme severity with which they exercised + those powers, in more than one instance, proves that they were not a + dead letter." + +But notwithstanding the great antiquity of fairs, their charters are +comparatively modern--the oldest known being that of St Denys, Paris, +which Dagobert, king of the Franks, granted (A.D. 642) to the monks of +the place "for the glory of God, and the honour of St Denys at his +festival." + +In England it was only after the Norman conquest that fairs became of +capital importance. Records exist of 2800 grants of franchise markets +and fairs between the years 1199 and 1483. More than half of these were +made during the reigns of John and Henry III., when the power of the +church was in ascendancy. The first recorded grant, however, appears to +be that of William the Conqueror to the bishop of Winchester, for leave +to hold an annual "free fair" at St Giles's hill. The monk who had been +the king's jester received his charter of Bartholomew fair, Smithfield, +in the year 1133. And in 1248 Henry III. granted a like privilege to the +abbot of Westminster, in honour of the "translation" of Edward the +Confessor. Sometimes fairs were granted to towns as a means for enabling +them to recover from the effects of war and other disasters. Thus, +Edward III. granted a "free fair" to the town of Burnley in Rutland, +just as, in subsequent times, Charles VII. favoured Bordeaux after the +English wars, and Louis XIV. gave fair charters to the towns of Dieppe +and Toulon. The importance attached to these old fairs may be understood +from the inducements which, in the 14th century, Charles IV. held out to +traders visiting the great fair of Frankfort-on-Main. The charter +declared that both during the continuance of the fair, and for eighteen +days before and after it, merchants would be exempt from imperial +taxation, from arrest for debt, or civil process of any sort, except +such as might arise from the transactions of the market itself and +within its precincts. Philip of Valois's regulations for the fairs of +Troyes in Champagne might not only be accepted as typical of all +subsequent fair-legislation of the kingdom, but even of the English and +German laws on the subject. The fair had its staff of notaries for the +attestation of bargains, its court of justice, its police officers, its +sergeants for the execution of the market judges' decrees, and its +visitors--of whom we may mention the _prud'hommes_,--whose duty it was +to examine the quality of goods exposed for sale, and to confiscate +those found unfit for consumption. The confiscation required the consent +of five or six representatives of the merchant community at the fair. +The effect of these great "free fairs" of England and the continent on +the development of society was indeed great. They helped to familiarize +the western and northern countries with the banking and financial +systems of the Lombards and Florentines, who resorted to them under the +protection of the sovereign's "firm peace," and the ghostly terrors of +the pope. They usually became the seat of foreign agencies. In the names +of her streets Provins preserved the memory of her 12th-century +intercourse with the agents and merchants of Germany and the Low +Countries, and long before that time the Syrian traders at St Denys had +established their powerful association in Paris. Like the church on the +religious side, the free fairs on the commercial side evoked and +cherished the international spirit. And during long ages, when +commercial "protection" was regarded as indispensable to a nation's +wealth, and the merchant was compelled to "fight his way through a +wilderness of taxes," they were the sole and, so far as they went, the +complete substitute for the free trade of later days. + +Their privileges, however, were, from their very nature, destined to +grow more oppressive and intolerable the more the towns were multiplied +and the means of communication increased. The people of London were +compelled to close their shops during the days when the abbot of +Westminster's fair was open. But a more curious and complete instance of +such an ecclesiastical monopoly was that of the St Giles's fair, at +first granted for the customary three days, which were increased by +Henry III. to sixteen. The bishop of Winchester was, as we have seen, +the lord of this fair. On the eve of St Giles's feast the magistrates of +Winchester surrendered the keys of the city gates to the bishop, who +then appointed his own mayor, bailiff and coroner, to hold office until +the close of the fair. During the same period, Winchester and +Southampton also--though it was then a thriving trading town--were +forbidden to transact their ordinary commercial business, except within +the bishop's fair, or with his special permission. The bishop's officers +were posted along the highways, with power to forfeit to his lordship +all goods bought and sold within 7 m. of the fair--in whose centre stood +"the pavilion," or bishop's court. It is clear, from the curious record +of the _Establishment and Expenses of the Household_ of Percy, 5th earl +of Northumberland, that fairs were the chief centres of country traffic +even as late as the 16th century. They began to decline rapidly after +1759, when good roads had been constructed and canal communication +established between Liverpool and the towns of Yorkshire, Cheshire and +Lancashire. In the great towns their extinction was hastened in +consequence of their evil effects on public morals. All the London fairs +were abolished as public nuisances before 1855--the last year of the +ever famous fair of St Bartholomew; and the fairs of Paris were swept +away in the storm of the Revolution. + +_English Fairs and Markets._--For the general reasons apparent from the +preceding sketch, fairs in England, as in France and Germany, have very +largely given way to markets for specialities. Even the live-stock +market of the metropolis is being superseded by the dead-meat market, a +change which has been encouraged by modern legislation on cattle +disease, the movements of home stock and the importation of foreign +animals. Agricultural markets are also disappearing before the +"agencies" and the corn exchanges in the principal towns. Still there +are some considerable fairs yet remaining. Of the English fairs for live +stock, those of Weyhill in Hampshire (October 10), St Faith's, near +Norwich (October 17), as also several held at Devizes, Wiltshire, are +among the largest in the kingdom. The first named stands next to none +for its display of sheep. Horncastle, Lincolnshire, is the largest horse +fair in the kingdom, and is regularly visited by American and +continental dealers. The other leading horse fairs in England are Howden +in Yorkshire (well known for its hunters), Woodbridge (on Lady Day) for +Suffolk horses, Barnet in Hertfordshire, and Lincoln. Exeter December +fair has a large display of cattle, horses and most kinds of +commodities. Large numbers of Scotch cattle are also brought to the +fairs of Carlisle and Ormskirk. Nottingham has a fair for geese. Ipswich +has a fair for lambs on the 1st of August, and for butter and cheese on +the 1st of September. Gloucester fair is also famous for the last-named +commodity. Falkirk fair, or tryst, for cattle and sheep, is one of the +largest in Scotland; and Ballinasloe, Galway, holds a like position +among Irish fairs. The Ballinasloe cattle are usually fed for a year in +Leinster before they are considered fit for the Dublin or Liverpool +markets. + +_French Fairs._--In France fairs and markets are held under the +authority of the prefects, new fairs and markets being established by +order of the prefects at the instance of the commune interested. Before +the Revolution fairs and markets could only be established by _seigneurs +justiciers_, but only two small markets have survived the law of 1790 +abolishing private ownership of market rights, namely, the _Marché Ste +Catherine_ and the _Marché des enfants rouges_, both in Paris. Under the +present system markets and fairs are held in most of the towns and +villages in France; and at all such gatherings entertainments form an +important feature. The great fair of Beaucaire instituted in 1168 has +steadily declined since the opening of railway communication, and now +ranks with the fairs of ordinary provincial towns. Situated at the +junction of the Rhone and the Canal du Midi, and less than 40 m. from +the sea, it at one time attracted merchants from Spain, from Switzerland +and Germany, and from the Levant and Mediterranean ports, and formed one +of the greatest temporary centres of commerce on the continent. One +trade firm alone, it is said, rarely did less than 1,000,000 francs +worth of business during the fortnight that the fair lasted. + +_German Fairs._--In Germany the police authorities are considered the +market authorities, and to them in most cases is assigned the duty of +establishing new fairs and markets, subject to magisterial decision. The +three great fairs of Germany are those of Frankfort-on-Main, +Frankfort-on-Oder and Leipzig, but, like all the large fairs of Europe, +they have declined rapidly in importance. Those of Frankfort-on-Main +begin on Easter Tuesday and on the nearest Monday to September 8 +respectively, and their legal duration is three weeks, though the limit +is regularly extended. The fairs of the second-named city are +_Reminiscere_, February or March; _St Margaret_, July; _St Martin_, +November. Ordinarily they last fifteen days, which is double the legal +term. The greatest of the German fairs are those of Leipzig, whose +display of books is famous all over the world. Its three fairs are dated +January 1, Easter, Michaelmas. The Easter one is the book fair, which is +attended by all the principal booksellers of Germany, and by many more +from the adjoining countries. Most German publishers have agents at +Leipzig. As many as 5000 new publications have been entered in a single +Leipzig catalogue. As in the other instances given, the Leipzig fairs +last for three weeks, or nearly thrice their allotted duration. Here no +days of grace are allowed, and the holder of a bill must demand payment +when due, and protest, if necessary, on the same day, otherwise he +cannot proceed against either drawer or endorser. + +_Russian Fairs._--In Russia fairs are held by local authorities. Landed +proprietors may also hold fairs on their estates subject to the sanction +of the local authorities; but no private tolls may be levied on +commodities brought to such fairs. In Siberia and the east of Russia, +where more primitive conditions foster such centres of trade, fairs are +still of considerable importance. Throughout Russia generally they are +very numerous. The most important, that of Nijni Novgorod, held annually +in July and August at the confluence of the rivers Volga and Kama, was +instituted in the 17th century by the tsar Michael Fedorovitch. In 1881 +it was calculated that trade to the value of 246,000,000 roubles was +carried on within the limits of the fair. It still continues to be of +great commercial importance, and is usually attended by upwards of +100,000 persons from all parts of Asia and eastern Europe. Other fairs +of consequence are those of Irbit in Perm, Kharkoff (January and +August), Poltava (August and February), Koreunais in Koursk, +Ourloupinsknia in the Don Cossack country, Krolevetz in Tchernigoff, and +a third fair held at Poltava on the feast of the Ascension. + +_Indian Fairs._--The largest of these, and perhaps the largest in Asia, +is that of Hurdwar, on the upper course of the Ganges. The visitors to +this holy fair number from 200,000 to 300,000; but every twelfth year +there occurs a special pilgrimage to the sacred river, when the numbers +may amount to a million or upwards. Those who go solely for the purposes +of trade are Nepalese, Mongolians, Tibetans, central Asiatics and +Mahommedan pedlars from the Punjab, Sind and the border states. Persian +shawls and carpets, Indian silks, Kashmir shawls, cottons (Indian and +English), preserved fruits, spices, drugs, &c., together with immense +numbers of cattle, horses, sheep and camels, are brought to this famous +fair. + +_American Fairs._--The word "fair," as now used in the United States, +appears to have completely lost its Old World meaning. It seems to be +exclusively applied to industrial exhibitions and to what in England are +called fancy bazaars. Thus, during the Civil War, large sums were +collected at the "sanitary fairs," for the benefit of the sick and +wounded. To the first-named class belong the state and county fairs, as +they are called. Among the first and best-known of these was the "New +York World's Fair," opened in 1853 by a company formed in 1851. (See +EXHIBITION.) + + _Law of Fairs._--As no market or fair can be held in England without a + royal charter, or right of prescription, so any person establishing a + fair without such sanction is liable to be sued under a writ of _Quo + warranto_, by any one to whose property the said market may be + injurious. Nor can a fair or market be legally held beyond the time + specified in the grant; and by 5 Edward III. c. 5 (1331) a merchant + selling goods after the legal expiry of the fair forfeited double + their value. To be valid, a sale must take place in "market-overt" + (open market); "it will not be binding if it carries with it a + presumption of fraudulence." These regulations satisfied, the sale + "transfers a complete property in the thing sold to the vendee; so + that however injurious or illegal the title of the vendor may be, yet + the vendee's is good against all men except the king." (In Scottish + law, the claims of the real owner would still remain valid.) However, + by 21 Henry VIII. c. 2 (1529) it was enacted that, "if any felon rob + or take away money, goods, or chattels, and be indicted and found + guilty, or otherwise attainted upon evidence given by the owner or + party robbed, or by any other by their procurement, the owner or party + robbed shall be restored to his money, goods or chattels," but only + those goods were restored which were specified in the indictment, now + could the owner recover from a _bona fide_ purchaser in market-overt + who had sold the goods before conviction. For obvious reasons the + rules of market-overt were made particularly stringent in the case of + horses. Thus, by 2 Philip & Mary c. 7 (1555) and 31 Eliz. c. 12 (1589) + no sale of a horse was legal which had not satisfied the following + conditions;--Public exposure of the animal for at least an hour + between sunrise and sunset; identification of the vendor by the market + officer, or guarantee for his honesty by "one sufficient and credible + person"; entry of these particulars, together with a description of + the animal, and a statement of the price paid for it, in the market + officer's book. Even if his rights should have been violated in spite + of all these precautions, the lawful owner could recover, if he + claimed within six months, produced witnesses, and tendered the price + paid to the vendor. Tolls were not a "necessary incident" of a + fair--i.e. they were illegal unless specially granted in the patent, + or recognized by custom. As a rule, they were paid only by the vendee, + and to the market clerk, whose record of the payment was an + attestation to the genuineness of the purchase. By 2 & 3 Philip & Mary + c. 7 every lord of a fair entitled to exact tolls was bound to appoint + a clerk to collect and enter them. It was also this functionary's + business to test measures and weights. Tolls, again, are sometimes + held to include "stallage" and "picage," which mean respectively the + price for permission to erect stalls and to dig holes for posts in the + market grounds. But toll proper belongs to the lord of the market, + whereas the other two are usually regarded as the property of the lord + of the soil. The law also provided that stallage might be levied on + any house situated in the vicinity of a market, and kept open for + business during the legal term of the said market. Among modern + statutes, one of the chief is the Markets and Fairs Clauses Act 1847, + the chief purpose of which was to consolidate previous measures. By + the act no proprietors of a new market were permitted to let + stallages, take tolls, or in any way open their ground for business, + until two justices of the peace certified to the completion of the + fair or market. After the opening of the place for public use, no + person other than a licensed hawker may sell anywhere within the + borough, his own house or shop excepted, any articles in respect of + which tolls are legally exigible in the market. A breach of this + provision entails a penalty of forty shillings. Vendors of unwholesome + meat are liable to a penalty of £5 for each offence; and the + "inspectors of provisions" have full liberty to seize the goods and + institute proceedings against the owners. They may also enter "at all + times of the day, with or without assistance," the slaughter-house + which the undertaker of the market may, by the special act, have been + empowered to construct. For general sanitary reasons, persons are + prohibited from killing animals anywhere except in these + slaughter-houses. Again, by the Fairs Act 1873, times of holding fairs + are determined by the secretary of state; while the Fairs Act 1871 + empowers him to abolish any fair on the representation of the + magistrate and with the consent of the owner. The preamble of the act + states that many fairs held in England and Wales are both unnecessary + and productive of "grievous immorality." + + _The Fair Courts._--The piepowder courts, the lowest but most + expeditious courts of justice in the kingdom, as Chitty calls them, + were very ancient. The Conqueror's law _De Emporiis_ shows their + pre-existence in Normandy. Their name was derived from _pied + poudreux_, i.e. "dusty-foot."[1] The lord of the fair or his + representative was the presiding judge, and usually he was assisted by + a jury of traders chosen on the spot. Their jurisdiction was limited + by the legal time and precincts of the fair, and to disputes about + contracts, "slander of wares," attestations, the preservation of + order, &c. + + _Authorities._--See Herbert Spencer's _Descriptive Sociology_ (1873), + especially the columns and paragraphs on "Distribution"; Prescott's + _History of Mexico_, for descriptions of fairs under the Aztecs; Giles + Jacob's _Law Dictionary_ (London, 1809); Joseph Chitty's _Treatise on + the Law of Commerce and Manufactures_, vol. ii. chap. 9 (London, + 1824); Holinshed's and Grafton's _Chronicles_, for lists, &c., of + English fairs; Meyer's _Das grosse Conversations-Lexicon_ (1852), + under "Messen"; article "Foire" in Larousse's _Dictionnaire + universelle du XIX^e siècle_ (Paris, 1866-1874), and its references to + past authorities; and especially, the second volume, commercial + series, of the _Encyclopédie méthodique_ (Paris, 1783); M'Culloch's + _Dictionary of Commerce_ (1869-1871); Wharton's _History of English + Poetry_, pp. 185, 186 of edition of 1870 (London, Murray & Son), for a + description of the Winchester Fair, &c.; a note by Professor Henry + Morley in p. 498, vol. vii. _Notes and Queries_, second series; the + same author's unique _History of the Fair of St Bartholomew_ (London, + 1859); Wharton's _Law Lexicon_ (Will's edition, London, 1876); P. + Huvelin's _Essai historique sur le droit des marchés et des foires_ + (Paris, 1897); _Report of the Royal Commission on Market Rights and + Tolls_, vols. i. (1889), xiv. (1891); _Final Report_ (1891); Walford's + _Fairs, Past and Present_ (1883); _The Law relating to Markets and + Fairs_, by Pease and Chitty (London, 1899). (J. Ma.; Ev. C.*) + + +FOOTNOTE: + + [1] In Med. Lat. _pede-pulverosus_ meant an itinerant merchant or + pedlar. In Scots borough law "marchand travelland" and "dusty fute" + are identical. + + + + +FAIRBAIRN, ANDREW MARTIN (1838- ), British Nonconformist divine, was +born near Edinburgh on the 4th of November 1838. He was educated at the +universities of Edinburgh and Berlin, and at the Evangelical Union +Theological Academy in Glasgow. He entered the Congregational ministry +and held pastorates at Bathgate, West Lothian and at Aberdeen. From 1877 +to 1886 he was principal of Airedale College, Bradford, a post which he +gave up to become the first principal of Mansfield College, Oxford. In +the transference to Oxford under that name of Spring Hill College, +Birmingham, he took a considerable part, and he has exercised influence +not only over generations of his own students, but also over a large +number of undergraduates in the university generally. He was granted the +degree of M.A. by a decree of Convocation, and in 1903 received the +honorary degree of doctor of literature. He was also given the degrees +of doctor of divinity of Edinburgh and Yale, and doctor of laws of +Aberdeen. His activities were not limited to his college work. He +delivered the Muir lectures at Edinburgh University (1878-1882), the +Gifford lectures at Aberdeen (1892-1894), the Lyman Beecher lectures at +Yale (1891-1892), and the Haskell lectures in India (1898-1899). He was +a member of the Royal Commission of Secondary Education in 1894-1895, +and of the Royal Commission on the Endowments of the Welsh Church in +1906. In 1883 he was chairman of the Congregational Union of England and +Wales. He is a prolific writer on theological subjects. He resigned his +position at Mansfield College in the spring of 1909. + + Among his works are:--_Studies in the Philosophy of Religion and + History_ (1876); _Studies in the Life of Christ_ (1881); _Religion in + History and in Modern Life_ (1884; rev. 1893); _Christ in Modern + Theology_ (1893); _Christ in the Centuries_ (1893); _Catholicism Roman + and Anglican_ (1899); _Philosophy of the Christian Religion_ (1902); + _Studies in Religion and Theology_ (1909). + + + + +FAIRBAIRN, SIR WILLIAM, Bart. (1789-1874), Scottish engineer, was born +on the 19th of February 1789 at Kelso, Roxburghshire, where his father +was a farm-bailiff. In 1803 he obtained work at three shillings a week +as a mason's labourer on the bridge then being built by John Rennie at +Kelso; but within a few days he was incapacitated by an accident. Later +in the same year, his father having been appointed steward on a farm +connected with Percy Main Colliery near North Shields, he obtained +employment as a carter in connexion with the colliery. In March 1804 he +was bound an apprentice to a millwright at Percy Main, and then found +time to supplement the deficiencies of his early education by systematic +private study. It was at Percy Main that he made the acquaintance of +George Stephenson, who then had charge of an engine at a neighbouring +colliery. For some years subsequent to the expiry of his apprenticeship +in 1811, he lived a somewhat roving life, seldom remaining long in one +place and often reduced to very hard straits before he got employment. +But in 1817 he entered into partnership with a shopmate, James Lillie, +with whose aid he hired an old shed in High Street, Manchester, where he +set up a lathe and began business. The firm quickly secured a good +reputation, and the improvements in mill-work and water-wheels +introduced by Fairbairn caused its fame to extend beyond Manchester to +Scotland and even the continent of Europe. The partnership was dissolved +in 1832. + +In 1830 Fairbairn had been employed by the Forth and Clyde Canal Company +to make experiments with the view of determining whether it were +possible to construct steamers capable of traversing the canal at a +speed which would compete successfully with that of the railway; and the +results of his investigation were published by him in 1831, under the +title _Remarks on Canal Navigation_. His plan of using iron boats proved +inadequate to overcome the difficulties of this problem, but in the +development of the use of this material both in the case of merchant +vessels and men-of-war he took a leading part. In this way also he was +led to pursue extensive experiments in regard to the strength of iron. +In 1835 he established, in connexion with his Manchester business, a +shipbuilding yard at Millwall, London, where he constructed several +hundred vessels, including many for the royal navy; but he ultimately +found that other engagements prevented him from paying adequate +attention to the management, and at the end of fourteen years he +disposed of the concern at a great loss. In 1837 he was consulted by the +sultan of Turkey in regard to machinery for the government workshops at +Constantinople. In 1845 he was employed, in conjunction with Robert +Stephenson, in constructing the tubular railway bridges across the +Conway and Menai Straits. The share he had in the undertaking has been +the subject of some dispute; his own version is contained in a volume he +published in 1849, _An Account of the Construction of the Britannia and +Conway Tubular Bridges_. In 1849 he was invited by the king of Prussia +to submit designs for the construction of a bridge across the Rhine, but +after various negotiations, another design, by a Prussian engineer, +which was a modification of Fairbairn's, was adopted. Another matter +which engaged much of Fairbairn's attention was steam boilers, in the +construction of which he effected many improvements. Amid all the cares +of business he found time for varied scientific investigation. In 1851 +his fertility and readiness of invention greatly aided an inquiry +carried out at his Manchester works by Sir William Thomson (Lord Kelvin) +and J.P. Joule, at the instigation of William Hopkins, to determine the +melting points of substances under great pressure; and from 1861 to 1865 +he was employed to guide the experiments of the government committee +appointed to inquire into the "application of iron to defensive +purposes." He died at Moor Park, Surrey, on the 18th of August 1874. +Fairbairn was a member of many learned societies, both British and +foreign, and in 1861 served as president of the British Association. He +declined a knighthood, in 1861, but accepted a baronetcy in 1869. + +His youngest brother, SIR PETER FAIRBAIRN (1799-1861), founded a large +machine manufacturing business in Leeds. Starting on a small scale with +flax-spinning machinery, he subsequently extended his operations to the +manufacture of textile machinery in general, and finally to that of +engineering tools. He was knighted in 1858. + + See _The Life of Sir William Fairbairn_, partly written by himself and + edited and completed by Dr William Pole (1877). + + + + + + + +End of the Project Gutenberg EBook of Encyclopaedia Britannica, 11th +Edition, Volume 10, Slice 1, by Various + +*** END OF THIS PROJECT GUTENBERG EBOOK ENCYC. 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padding-bottom: 1em;} + td.prl {padding-left: 10%; padding-right: 7em; text-align: left; vertical-align: top;} + + </style> + </head> +<body> + + +<pre> + +The Project Gutenberg EBook of Encyclopaedia Britannica, 11th Edition, +Volume 10, Slice 1, by Various + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: Encyclopaedia Britannica, 11th Edition, Volume 10, Slice 1 + "Evangelical Church Conference" to "Fairbairn, Sir William" + +Author: Various + +Release Date: July 14, 2011 [EBook #36735] + +Language: English + +Character set encoding: ISO-8859-1 + +*** START OF THIS PROJECT GUTENBERG EBOOK ENCYC. BRITANNICA, VOL 10, SL 1 *** + + + + +Produced by Marius Masi, Don Kretz and the Online +Distributed Proofreading Team at https://www.pgdp.net + + + + + + +</pre> + + + +<table border="0" cellpadding="10" style="background-color: #dcdcdc; color: #696969; " summary="Transcriber's note"> +<tr> +<td style="width:25%; vertical-align:top"> +Transcriber’s note: +</td> +<td class="norm"> +A few typographical errors have been corrected. They +appear in the text <span class="correction" title="explanation will pop up">like this</span>, and the +explanation will appear when the mouse pointer is moved over the marked +passage. Sections in Greek will yield a transliteration +when the pointer is moved over them, and words using diacritic characters in the +Latin Extended Additional block, which may not display in some fonts or browsers, will +display an unaccented version. <br /><br /> +<a name="artlinks">Links to other EB articles:</a> Links to articles residing in other EB volumes will +be made available when the respective volumes are introduced online. +</td> +</tr> +</table> +<div style="padding-top: 3em; "> </div> + +<p class="center" style="font-size: 180%">THE</p> +<p class="center" style="font-size: 250%; color: #C11B17;">ENCYCLOPÆDIA BRITANNICA</p> +<div class="pt2"> </div> + +<p class="center" style="font-size: 150%">ELEVENTH EDITION</p> +<div class="pt2"> </div> + +<table class="nobctr f90" width="70%" summary="Contents"> + +<tr><td class="tc5">FIRST</td> + <td class="tc6">edition,</td> + <td class="tc6">published in</td> + <td class="tc5">three</td> + <td class="tc6">volumes,</td> + <td class="tc5">1768-1771.</td></tr> +<tr><td class="tc5">SECOND</td> + <td class="tc6">”</td> + <td class="tc6">”</td> + <td class="tc5">ten</td> + <td class="tc6">”</td> + <td class="tc5">1777-1784.</td></tr> +<tr><td class="tc5">THIRD</td> + <td class="tc6">”</td> + <td class="tc6">”</td> + <td class="tc5">eighteen</td> + <td class="tc6">”</td> + <td class="tc5">1788-1797.</td></tr> +<tr><td class="tc5">FOURTH</td> + <td class="tc6">”</td> + <td class="tc6">”</td> + <td class="tc5">twenty</td> + <td class="tc6">”</td> + <td class="tc5">1801-1810.</td></tr> +<tr><td class="tc5">FIFTH</td> + <td class="tc6">”</td> + <td class="tc6">”</td> + <td class="tc5">twenty</td> + <td class="tc6">”</td> + <td class="tc5">1815-1817.</td></tr> +<tr><td class="tc5">SIXTH</td> + <td class="tc6">”</td> + <td class="tc6">”</td> + <td class="tc5">twenty</td> + <td class="tc6">”</td> + <td class="tc5">1823-1824.</td></tr> +<tr><td class="tc5">SEVENTH</td> + <td class="tc6">”</td> + <td class="tc6">”</td> + <td class="tc5">twenty-one</td> + <td class="tc6">”</td> + <td class="tc5">1830-1842.</td></tr> +<tr><td class="tc5">EIGHTH</td> + <td class="tc6">”</td> + <td class="tc6">”</td> + <td class="tc5">twenty-two</td> + <td class="tc6">”</td> + <td class="tc5">1853-1860.</td></tr> +<tr><td class="tc5">NINTH</td> + <td class="tc6">”</td> + <td class="tc6">”</td> + <td class="tc5">twenty-five</td> + <td class="tc6">”</td> + <td class="tc5">1875-1889.</td></tr> +<tr><td class="tc5">TENTH</td> + <td class="tc6">”</td> + <td class="tc6" colspan="3">ninth edition and eleven supplementary volumes,</td> + <td class="tc5">1902-1903.</td></tr> +<tr><td class="tc5">ELEVENTH</td> + <td class="tc6">”</td> + <td class="tc6" colspan="3">published in twenty-nine volumes,</td> + <td class="tc5">1910-1911.</td></tr> +</table> + +<div class="pt2"> </div> +<hr class="full" /> +<div class="pt2"> </div> + + +<p class="center">COPYRIGHT</p> +<p class="center">in all countries subscribing to the<br /> +Bern Convention</p> + +<p class="center">by</p> +<p class="center">THE CHANCELLOR, MASTERS AND SCHOLARS</p> +<p class="center">of the</p> +<p class="center">UNIVERSITY OF CAMBRIDGE</p> + +<div class="pt2"> </div> + +<p class="center"><i>All rights reserved</i></p> + +<div class="pt2"> </div> +<hr class="full" /> + +<p class="center" style="font-size: 180%">THE</p> +<p class="center" style="font-size: 250%; color: #C11B17;">ENCYCLOPÆDIA BRITANNICA</p> +<p> </p> +<p class="center">A</p> +<p class="center" style="font-size: 180%">DICTIONARY</p> + +<p class="center">OF</p> +<p class="center" style="font-size: 130%">ARTS, SCIENCES, LITERATURE AND GENERAL</p> +<p class="center" style="font-size: 130%">INFORMATION</p> +<p> </p> + +<p class="center" style="font-size: 120%">ELEVENTH EDITION</p> +<p> </p> + +<p class="center" style="font-size: 170%; font-family: 'Courier New';">VOLUME X</p> + +<p class="center" style="font-size: 140%; font-family: 'Courier New';">EVANGELICAL CHURCH to FRANCIS JOSEPH</p> +<div class="pt1"> </div> + +<p class="center" style="font-size: 130%">New York</p> +<p> </p> +<p class="center">Encyclopædia Britannica, Inc.</p> +<p class="center f80">342 Madison Avenue</p> + +<div class="pt1"> </div> +<p class="center">Copyright, in the United States of America, 1910,<br /> +by<br /> +The Encyclopædia Britannica Company.</p> +<div class="pt2"> </div> + + +<hr class="full" /> +<h3>VOLUME X SLICE I<br /><br /> +Evangelical Church Conference to Fairbairn, Sir William</h3> +<hr class="full" /> +<div style="padding-top: 3em; "> </div> + +<p class="center1" style="font-size: 150%; font-family: 'verdana';">Articles in This Slice</p> +<table class="reg" style="width: 90%; font-size: 90%; border: gray 2px solid;" cellspacing="8" summary="Contents"> + +<tr><td class="tcl"><a href="#ar1">EVANGELICAL CHURCH CONFERENCE</a></td> <td class="tcl"><a href="#ar80">EXPULSION</a></td></tr> +<tr><td class="tcl"><a href="#ar2">EVANGELICAL UNION</a></td> <td class="tcl"><a href="#ar81">EXTENSION</a></td></tr> +<tr><td class="tcl"><a href="#ar3">EVANS, CHRISTMAS</a></td> <td class="tcl"><a href="#ar82">EXTENUATING CIRCUMSTANCES</a></td></tr> +<tr><td class="tcl"><a href="#ar4">EVANS, EVAN HERBER</a></td> <td class="tcl"><a href="#ar83">EXTERRITORIALITY</a></td></tr> +<tr><td class="tcl"><a href="#ar5">EVANS, SIR GEORGE DE LACY</a></td> <td class="tcl"><a href="#ar84">EXTORTION</a></td></tr> +<tr><td class="tcl"><a href="#ar6">EVANS, SIR JOHN</a></td> <td class="tcl"><a href="#ar85">EXTRACT</a></td></tr> +<tr><td class="tcl"><a href="#ar7">EVANS, OLIVER</a></td> <td class="tcl"><a href="#ar86">EXTRADITION</a></td></tr> +<tr><td class="tcl"><a href="#ar8">EVANSON, EDWARD</a></td> <td class="tcl"><a href="#ar87">EXTRADOS</a></td></tr> +<tr><td class="tcl"><a href="#ar9">EVANSTON</a></td> <td class="tcl"><a href="#ar88">EXTREME UNCTION</a></td></tr> +<tr><td class="tcl"><a href="#ar10">EVANSVILLE</a></td> <td class="tcl"><a href="#ar89">EYBESCHÜTZ, JONATHAN</a></td></tr> +<tr><td class="tcl"><a href="#ar11">EVARISTUS</a></td> <td class="tcl"><a href="#ar90">EYCK, VAN</a></td></tr> +<tr><td class="tcl"><a href="#ar12">EVARTS, WILLIAM MAXWELL</a></td> <td class="tcl"><a href="#ar91">EYE</a> (English town)</td></tr> +<tr><td class="tcl"><a href="#ar13">EVE</a></td> <td class="tcl"><a href="#ar92">EYE</a> (organ)</td></tr> +<tr><td class="tcl"><a href="#ar14">EVECTION</a></td> <td class="tcl"><a href="#ar93">EYEMOUTH</a></td></tr> +<tr><td class="tcl"><a href="#ar15">EVELETH</a></td> <td class="tcl"><a href="#ar94">EYLAU</a></td></tr> +<tr><td class="tcl"><a href="#ar16">EVELYN, JOHN</a></td> <td class="tcl"><a href="#ar95">EYRA</a></td></tr> +<tr><td class="tcl"><a href="#ar17">EVERDINGEN, ALLART VAN</a></td> <td class="tcl"><a href="#ar96">EYRE, EDWARD JOHN</a></td></tr> +<tr><td class="tcl"><a href="#ar18">EVEREST, SIR GEORGE</a></td> <td class="tcl"><a href="#ar97">EYRE, SIR JAMES</a></td></tr> +<tr><td class="tcl"><a href="#ar19">EVEREST, MOUNT</a></td> <td class="tcl"><a href="#ar98">EYRIE</a></td></tr> +<tr><td class="tcl"><a href="#ar20">EVERETT, ALEXANDER HILL</a></td> <td class="tcl"><a href="#ar99">EZEKIEL</a></td></tr> +<tr><td class="tcl"><a href="#ar21">EVERETT, CHARLES CARROLL</a></td> <td class="tcl"><a href="#ar100">EZRA</a></td></tr> +<tr><td class="tcl"><a href="#ar22">EVERETT, EDWARD</a></td> <td class="tcl"><a href="#ar101">EZRA, THIRD BOOK OF</a></td></tr> +<tr><td class="tcl"><a href="#ar23">EVERETT</a> (Massachusetts, U.S.A.)</td> <td class="tcl"><a href="#ar102">EZRA, FOURTH BOOK OF</a></td></tr> +<tr><td class="tcl"><a href="#ar24">EVERETT</a> (Washington, U.S.A.)</td> <td class="tcl"><a href="#ar103">EZRA AND NEHEMIAH, BOOKS OF</a></td></tr> +<tr><td class="tcl"><a href="#ar25">EVERGLADES</a></td> <td class="tcl"><a href="#ar104">EZZO</a></td></tr> +<tr><td class="tcl"><a href="#ar26">EVERGREEN</a></td> <td class="tcl"><a href="#ar105">EZZOLIED</a></td></tr> +<tr><td class="tcl"><a href="#ar27">EVERLASTING</a></td> <td class="tcl"><a href="#ar106">F</a></td></tr> +<tr><td class="tcl"><a href="#ar28">EVERSLEY, CHARLES SHAW LEFEVRE</a></td> <td class="tcl"><a href="#ar107">FABBRONI, ANGELO</a></td></tr> +<tr><td class="tcl"><a href="#ar29">EVESHAM</a></td> <td class="tcl"><a href="#ar108">FABER</a></td></tr> +<tr><td class="tcl"><a href="#ar30">EVIDENCE</a></td> <td class="tcl"><a href="#ar109">FABER, BASIL</a></td></tr> +<tr><td class="tcl"><a href="#ar31">EVIL EYE</a></td> <td class="tcl"><a href="#ar110">FABER, FREDERICK WILLIAM</a></td></tr> +<tr><td class="tcl"><a href="#ar32">EVOLUTION</a></td> <td class="tcl"><a href="#ar111">FABER, JACOBUS</a></td></tr> +<tr><td class="tcl"><a href="#ar33">EVORA</a></td> <td class="tcl"><a href="#ar112">FABER, JOHANN</a></td></tr> +<tr><td class="tcl"><a href="#ar34">ÉVREUX</a></td> <td class="tcl"><a href="#ar113">FABERT, ABRAHAM DE</a></td></tr> +<tr><td class="tcl"><a href="#ar35">EWALD, GEORG HEINRICH AUGUST VON</a></td> <td class="tcl"><a href="#ar114">FABIAN, SAINT</a></td></tr> +<tr><td class="tcl"><a href="#ar36">EWALD, JOHANNES</a></td> <td class="tcl"><a href="#ar115">FABIUS</a></td></tr> +<tr><td class="tcl"><a href="#ar37">EWART, WILLIAM</a></td> <td class="tcl"><a href="#ar116">FABIUS PICTOR, QUINTUS</a></td></tr> +<tr><td class="tcl"><a href="#ar38">EẂE</a></td> <td class="tcl"><a href="#ar117">FABLE</a></td></tr> +<tr><td class="tcl"><a href="#ar39">EWELL, RICHARD STODDERT</a></td> <td class="tcl"><a href="#ar118">FABLIAU</a></td></tr> +<tr><td class="tcl"><a href="#ar40">EWING, ALEXANDER</a></td> <td class="tcl"><a href="#ar119">FABRE, FERDINAND</a></td></tr> +<tr><td class="tcl"><a href="#ar41">EWING, JULIANA HORATIA ORR</a></td> <td class="tcl"><a href="#ar120">FABRE D’ÉGLANTINE, PHILIPPE FRANÇOIS NAZAIRE</a></td></tr> +<tr><td class="tcl"><a href="#ar42">EWING, THOMAS</a></td> <td class="tcl"><a href="#ar121">FABRETTI, RAPHAEL</a></td></tr> +<tr><td class="tcl"><a href="#ar43">EXAMINATIONS</a></td> <td class="tcl"><a href="#ar122">FABRIANI, SEVERINO</a></td></tr> +<tr><td class="tcl"><a href="#ar44">EXARCH</a></td> <td class="tcl"><a href="#ar123">FABRIANO</a></td></tr> +<tr><td class="tcl"><a href="#ar45">EXCAMBION</a></td> <td class="tcl"><a href="#ar124">FABRICIUS, GAIUS LUSCINUS</a></td></tr> +<tr><td class="tcl"><a href="#ar46">EXCELLENCY</a></td> <td class="tcl"><a href="#ar125">FABRICIUS, GEORG</a></td></tr> +<tr><td class="tcl"><a href="#ar47">EXCHANGE</a></td> <td class="tcl"><a href="#ar126">FABRICIUS, HIERONYMUS</a></td></tr> +<tr><td class="tcl"><a href="#ar48">EXCHEQUER</a></td> <td class="tcl"><a href="#ar127">FABRICIUS, JOHANN ALBERT</a></td></tr> +<tr><td class="tcl"><a href="#ar49">EXCISE</a></td> <td class="tcl"><a href="#ar128">FABRICIUS, JOHANN CHRISTIAN</a></td></tr> +<tr><td class="tcl"><a href="#ar50">EXCOMMUNICATION</a></td> <td class="tcl"><a href="#ar129">FABRIZI, NICOLA</a></td></tr> +<tr><td class="tcl"><a href="#ar51">EXCRETION</a></td> <td class="tcl"><a href="#ar130">FABROT, CHARLES ANNIBAL</a></td></tr> +<tr><td class="tcl"><a href="#ar52">EXECUTION</a></td> <td class="tcl"><a href="#ar131">FABYAN, ROBERT</a></td></tr> +<tr><td class="tcl"><a href="#ar53">EXECUTORS AND ADMINISTRATORS</a></td> <td class="tcl"><a href="#ar132">FAÇADE</a></td></tr> +<tr><td class="tcl"><a href="#ar54">EXEDRA</a></td> <td class="tcl"><a href="#ar133">FACCIOLATI, JACOPO</a></td></tr> +<tr><td class="tcl"><a href="#ar55">EXELMANS, RENÉ JOSEPH ISIDORE</a></td> <td class="tcl"><a href="#ar134">FACE</a></td></tr> +<tr><td class="tcl"><a href="#ar56">EXEQUATUR</a></td> <td class="tcl"><a href="#ar135">FACTION</a></td></tr> +<tr><td class="tcl"><a href="#ar57">EXETER, EARL, MARQUESS AND DUKE OF</a></td> <td class="tcl"><a href="#ar136">FACTOR</a></td></tr> +<tr><td class="tcl"><a href="#ar58">EXETER</a> (England)</td> <td class="tcl"><a href="#ar137">FACTORY ACTS</a></td></tr> +<tr><td class="tcl"><a href="#ar59">EXETER</a> (New Hampshire, U.S.A.)</td> <td class="tcl"><a href="#ar138">FACULA</a></td></tr> +<tr><td class="tcl"><a href="#ar60">EXETER BOOK</a></td> <td class="tcl"><a href="#ar139">FACULTY</a></td></tr> +<tr><td class="tcl"><a href="#ar61">EXHIBITION</a></td> <td class="tcl"><a href="#ar140">FAED, THOMAS</a></td></tr> +<tr><td class="tcl"><a href="#ar62">EXHUMATION</a></td> <td class="tcl"><a href="#ar141">FAENZA</a></td></tr> +<tr><td class="tcl"><a href="#ar63">EXILARCH</a></td> <td class="tcl"><a href="#ar142">FAEROE</a></td></tr> +<tr><td class="tcl"><a href="#ar64">EXILE</a></td> <td class="tcl"><a href="#ar143">FAESULAE</a></td></tr> +<tr><td class="tcl"><a href="#ar65">EXILI</a></td> <td class="tcl"><a href="#ar144">FAFNIR</a></td></tr> +<tr><td class="tcl"><a href="#ar66">EXMOOR FOREST</a></td> <td class="tcl"><a href="#ar145">FAGGING</a></td></tr> +<tr><td class="tcl"><a href="#ar67">EXMOUTH, EDWARD PELLEW</a></td> <td class="tcl"><a href="#ar146">FAGGOT</a></td></tr> +<tr><td class="tcl"><a href="#ar68">EXMOUTH</a></td> <td class="tcl"><a href="#ar147">FAGNIEZ, GUSTAVE CHARLES</a></td></tr> +<tr><td class="tcl"><a href="#ar69">EXODUS, BOOK OF</a></td> <td class="tcl"><a href="#ar148">FAGUET, ÉMILE</a></td></tr> +<tr><td class="tcl"><a href="#ar70">EXODUS, THE</a></td> <td class="tcl"><a href="#ar149">FA-HIEN</a></td></tr> +<tr><td class="tcl"><a href="#ar71">EXOGAMY</a></td> <td class="tcl"><a href="#ar150">FAHLCRANTZ, CHRISTIAN ERIK</a></td></tr> +<tr><td class="tcl"><a href="#ar72">EXORCISM</a></td> <td class="tcl"><a href="#ar151">FAHRENHEIT, GABRIEL DANIEL</a></td></tr> +<tr><td class="tcl"><a href="#ar73">EXORCIST</a></td> <td class="tcl"><a href="#ar152">FAIDHERBE, LOUIS LÉON CÉSAR</a></td></tr> +<tr><td class="tcl"><a href="#ar74">EXOTIC</a></td> <td class="tcl"><a href="#ar153">FAIENCE</a></td></tr> +<tr><td class="tcl"><a href="#ar75">EXPATRIATION</a></td> <td class="tcl"><a href="#ar154">FAILLY, PIERRE LOUIS CHARLES DE</a></td></tr> +<tr><td class="tcl"><a href="#ar76">EXPERT</a></td> <td class="tcl"><a href="#ar155">FAIN, AGATHON JEAN FRANÇOIS</a></td></tr> +<tr><td class="tcl"><a href="#ar77">EXPLOSIVES</a></td> <td class="tcl"><a href="#ar156">FAIR</a></td></tr> +<tr><td class="tcl"><a href="#ar78">EXPRESS</a></td> <td class="tcl"><a href="#ar157">FAIRBAIRN, ANDREW MARTIN</a></td></tr> +<tr><td class="tcl"><a href="#ar79">EXPROPRIATION</a></td> <td class="tcl"><a href="#ar158">FAIRBAIRN, SIR WILLIAM</a></td></tr> +</table> + +<div style="padding-top: 3em; "> </div> + +<p class="center" style="font-size: 120%">INITIALS USED IN VOLUME X. TO IDENTIFY INDIVIDUAL<br /> +CONTRIBUTORS,<a name="FnAnchor_1" id="FnAnchor_1" href="#Footnote_1"><span class="sp">1</span></a> WITH THE HEADINGS OF THE<br /> +ARTICLES IN THIS VOLUME SO SIGNED.</p> +<div class="pt2"> </div> + +<table class="nobctr" width="100%" summary="Contents"> + +<tr> <td class="tc1" style="width: 10%;">A. B. R.</td> + <td class="tc2" style="width: 60%;"><span class="sc">Alfred Barton Rendle, M.A., D.Sc, F.R.S., F.L.S.</span><br /> + Keeper, Department of Botany, British Museum. Author of <i>Text Book on Classification + of Flowering Plants</i>; &c.</td> + <td class="tc4 cl">Flower.</td></tr> + + +<tr> <td class="tc1">A. D.</td> + <td class="tc2"><span class="sc">Austin Dobson, LL.D.</span><br /> + See the biographical article: <span class="sc">Dobson, H. Austin</span>.</td> + <td class="tc4 cl">Fielding, Henry.</td></tr> + +<tr> <td class="tc1">A. F. B.</td> + <td class="tc2"><span class="sc">Aldred Farrer Barker, M.Sc.</span><br /> + Professor of Textile Industries at Bradford Technical College.</td> + <td class="tc4 cl">Felt.</td></tr> + +<tr> <td class="tc1">A. F. P.</td> + <td class="tc2"><span class="sc">Albert Frederick Pollard, M.A., F.R.Hist.Soc.</span><br /> + Professor of English History in the University of London. Fellow of All Souls’ + College, Oxford. Assistant Editor of the <i>Dictionary of National Biography</i>, 1893-1901. + Lothian Prizeman, Oxford, 1892; Arnold Prizeman, 1898. Author of + <i>England under Protector Somerset</i>; <i>Henry VIII.</i>; <i>Life of Thomas Cranmer</i>; &c.</td> + <td class="tc4 cl">Ferrar, Bishop;<br /> +Fox, Edward;<br /> +Fox, Richard.</td></tr> + +<tr> <td class="tc1">A. G.</td> + <td class="tc2"><span class="sc">Major Arthur George Frederick Griffiths</span> (d. 1908). + H.M. Inspector of Prisons, 1878-1896. Author of <i>The Chronicles of Newgate</i>; + <i>Secrets of the Prison House</i>; &c.</td> + <td class="tc4 cl">Finger Prints.</td></tr> + +<tr> <td class="tc1">A. Go.*</td> + <td class="tc2"><span class="sc">Rev. Alexander Gordon, M.A.</span><br /> + Lecturer on Church History in the University of Manchester.</td> + <td class="tc4 cl">Faber, Basil, Jacobus and Johann;<br /> +Familists; Farel, G.; Flacius.</td></tr> + +<tr> <td class="tc1">A. H.-S.</td> + <td class="tc2"><span class="sc">Sir A. Houtum-Schindler, C.I.E.</span><br /> + General in the Persian Army. Author of <i>Eastern Persian Irak</i>.</td> + <td class="tc4 cl">Fars;<br /> +Firuzabad.</td></tr> + +<tr> <td class="tc1">A. L.</td> + <td class="tc2"><span class="sc">Andrew Lang.</span><br /> + See the biographical article: <span class="sc">Lang, Andrew.</span></td> + <td class="tc4 cl">Fairy;<br /> +Family.</td></tr> + +<tr> <td class="tc1">A. L. B.</td> + <td class="tc2"><span class="sc">Alfred Lys Baldry.</span><br /> + Art Critic of the <i>Globe</i>, 1893-1908. Author of <i>Modern Mural Decoration</i> and + biographies of Albert Moore, Sir H. von Herkomer, R.A., Sir J. E. Millais, P.R.A., + Marcus Stone, R.A., and G. H. Boughton, R.A.</td> + <td class="tc4 cl">Fortuny.</td></tr> + +<tr> <td class="tc1">A. N.</td> + <td class="tc2"><span class="sc">Alfred Newton, F.R.S.</span><br /> + See the biographical article: <span class="sc">Newton, Alfred</span>.</td> + <td class="tc4 cl">Falcon; Fieldfare; Finch;<br /> +Flycatcher; Fowl.</td></tr> + +<tr> <td class="tc1">A. S.</td> + <td class="tc2"><span class="sc">Arthur Smithells, F.R.S.</span><br /> + Professor of Chemistry in the University of Leeds. Author of Scientific Papers on + Flame and Spectrum Analysis.</td> + <td class="tc4 cl">Flame.</td></tr> + +<tr> <td class="tc1">A. M. C.</td> + <td class="tc2"><span class="sc">Agnes Mary Clerke.</span><br /> + See the biographical article: <span class="sc">Clerke, A. M.</span></td> + <td class="tc4 cl">Flamsteed.</td></tr> + +<tr> <td class="tc1">A. W.</td> + <td class="tc2"><span class="sc">Arthur Watson.</span><br /> + Secretary in the Academic Department, University of London.</td> + <td class="tc4 cl">Examinations (<i>in part</i>).</td></tr> + +<tr> <td class="tc1">A. W. R.</td> + <td class="tc2"><span class="sc">Alexander Wood Renton, M.A., LL.B.</span><br /> + Puisne Judge of the Supreme Court of Ceylon. Editor of <i>Encyclopaedia of the Laws + of England</i>.</td> + <td class="tc4 cl">Fixtures;<br /> +Flat.</td></tr> + +<tr> <td class="tc1">A. W. W.</td> + <td class="tc2"><span class="sc">Adolphus William Ward, D.Litt., LL.D.</span><br /> + See the biographical article: <span class="sc">Ward, A. W.</span></td> + <td class="tc4 cl">Foote, Samuel;<br /> +Ford, John.</td></tr> + +<tr> <td class="tc1">C. El.</td> + <td class="tc2"><span class="sc">Sir Charles Norton Edgcumbe Eliot, K.C.M.G., C.B., M.A., LL.D., D.C.L.</span><br /> + Vice-Chancellor of Sheffield University. Formerly Fellow of Trinity College, + Oxford. H.M.’s Commissioner and Commander-in-Chief for the British East Africa + Protectorate; Agent and Consul-General at Zanzibar; Consul-General for German + East Africa, 1900-1904.</td> + <td class="tc4 cl">Finno-Ugrian.</td></tr> + +<tr> <td class="tc1">C. F. B.</td> + <td class="tc2"><span class="sc">Charles Francis Bastable, M.A., LL.D.</span><br /> + Regius Professor of Laws and Professor of Political Economy in the University of + Dublin. Author of <i>Public Finance</i>; <i>Commerce of Nations</i>; <i>Theory of International + Trade</i>; &c.</td> + <td class="tc4 cl">Finance.</td></tr> + +<tr> <td class="tc1">C. F. C.</td> + <td class="tc2"><span class="sc">C. F. Cross, B.Sc.</span> (Lond.), F.C.S. F.I.C. + Analytical and Consulting Chemist.</td> + <td class="tc4 cl">Fibres.</td></tr> + +<tr> <td class="tc1">C. F. R.</td> + <td class="tc2"><span class="sc">Charles Francis Richardson, A.M., Ph.D.</span><br /> + Professor of English at Dartmouth College, Hanover, New Hampshire, U.S.A. + Author of <i>A Story of English Rhyme</i>; <i>A History of American Literature</i>; &c.</td> + <td class="tc4 cl">Fiske, John.</td></tr> + +<tr> <td class="tc1">C. H. T.*</td> + <td class="tc2"><span class="sc">Crawford Howell Toy, A.M.</span><br /> + See the biographical article: <span class="sc">Toy, Crawford Howell</span>.</td> + <td class="tc4 cl">Ezekiel.</td></tr> + +<tr> <td class="tc1">C. J.</td> + <td class="tc2"><span class="sc">Charles Johnson, M.A.</span><br /> + Clerk in H.M. Public Record Office. Joint Editor of the <i>Domesday Survey</i> for the + <i>Victoria County History: Norfolk</i>.</td> + <td class="tc4 cl">Exchequer (<i>in part</i>).</td></tr> + +<tr> <td class="tc1">C. J. B. M.</td> + <td class="tc2"><span class="sc">Charles John Bruce Marriott, M.A.</span><br /> + Clare College, Cambridge. Secretary of the Rugby Football Union.</td> + <td class="tc4 cl">Football: Rugby (<i>in part</i>).</td></tr> + +<tr> <td class="tc1">C. J. N. F.</td> + <td class="tc2"><span class="sc">Charles James Nicol Fleming.</span><br /> + H.M. Inspector of Schools, Scotch Education Department.</td> + <td class="tc4 cl">Football: Rugby (<i>in part</i>).</td></tr> + +<tr> <td class="tc1">C. L. K.</td> + <td class="tc2"><span class="sc">Charles Lethbridge Kingsford, M.A., F.R.Hist.Soc., F.S.A.</span><br /> + Assistant Secretary to the Board of Education. Author of <i>Life of Henry V.</i> Editor + of <i>Chronicles of London</i> and Stow’s <i>Survey of London</i>.</td> + <td class="tc4 cl">Fabyan;<br /> +Fastolf.</td></tr> + +<tr> <td class="tc1">C. P. I.</td> + <td class="tc2"><span class="sc">Sir Courtenay Peregrine Ilbert, K.C.B., K.C.S.I., C.I.E.</span><br /> + Clerk of the House of Commons. Chairman of Statute Law Committee. Parliamentary + Counsel to the Treasury, 1899-1901. Legal Member of Council of Governor-General + of India, 1882-1886; President, 1886. Fellow of the British Academy. + Formerly Fellow and Tutor of Balliol College, Oxford. Author of <i>The Government + of India</i>; <i>Legislative Method and Forms</i>.</td> + <td class="tc4 cl">Evidence.</td></tr> + +<tr> <td class="tc1">C. W. A.</td> + <td class="tc2"><span class="sc">Charles William Alcock.</span> (d. 1907). + Formerly Secretary of the Football Association, London.</td> + <td class="tc4 cl">Football: Association (<i>in part</i>).</td></tr> + +<tr> <td class="tc1">D. H.</td> + <td class="tc2"><span class="sc">David Hannay.</span><br /> + Formerly British Vice-Consul at Barcelona. Author of <i>Short History of the Royal + Navy</i>; <i>Life of Emilio Castelar</i>; &c.</td> + <td class="tc4 cl">First of June, Battle of the;<br /> +Fox, Charles James.</td></tr> + +<tr> <td class="tc1">D. Mn.</td> + <td class="tc2"><span class="sc">Rev. Dugald Macfadyen, M.A.</span><br /> + Minister of South Grove Congregational Church, Highgate. Director of the London + Missionary Society.</td> + <td class="tc4 cl">Excommunication.</td></tr> + +<tr> <td class="tc1">D. N. P.</td> + <td class="tc2"><span class="sc">Diarmid Noel Paton, M.D., F.R.C.P.</span> (Edin.). + Regius Professor of Physiology in the University of Glasgow. Formerly Superintendent + of Research Laboratory of Royal College of Physicians, Edinburgh. + Biological Fellow of Edinburgh University, 1884. Author of <i>Essentials of Human + Physiology</i>; &c.</td> + <td class="tc4 cl">Fever.</td></tr> + +<tr> <td class="tc1">D. S. M.*</td> + <td class="tc2"><span class="sc">David Samuel Margoliouth, M.A., D.Litt.</span><br /> + Laudian Professor of Arabic, Oxford. Fellow of New College. Author of <i>Arabic + Papyri of the Bodleian Library</i>; <i>Mohammed and the Rise of Islam</i>; <i>Cairo, Jerusalem + and Damascus</i>.</td> + <td class="tc4 cl">Fatimites.</td></tr> + +<tr> <td class="tc1">E. B.</td> + <td class="tc2"><span class="sc">Edward Breck, M.A., Ph.D.</span><br /> + Formerly Foreign Correspondent of the <i>New York Herald</i> and the <i>New York Times</i>. + Author of <i>Fencing</i>; <i>Wilderness Pets</i>; <i>Sporting in Nova Scotia</i>; &c.</td> + <td class="tc4 cl">Foil-fencing;<br /> +Football: American (<i>in part</i>).</td></tr> + +<tr> <td class="tc1">E. Ca.</td> + <td class="tc2"><span class="sc">Egerton Castle, M.A., F.S.A.</span><br /> + Trinity College, Cambridge. Author of <i>Schools and Masters of Fence</i>; &c.</td> + <td class="tc4 cl">Fencing.</td></tr> + +<tr> <td class="tc1">Ed. C.*</td> + <td class="tc2"><span class="sc">The Hon. Edward Evan Charteris.</span><br /> + Barrister-at-Law, Inner Temple.</td> + <td class="tc4 cl">Fair (<i>in part</i>).</td></tr> + +<tr> <td class="tc1">E. C. B.</td> + <td class="tc2"><span class="sc">Rt. Rev. Edward Cuthbert Butler, O.S.B., M.A., D.Litt.</span><br /> + Abbot of Downside Abbey, Bath. Author of “The Lausiac History of Palladius,” + in <i>Cambridge Texts and Studies</i>, vol. vi.</td> + <td class="tc4 cl">Fontevrault;<br /> +Francis of Assisi, St;<br /> +Francis of Paola, St.</td></tr> + +<tr> <td class="tc1">E. C. Q.</td> + <td class="tc2"><span class="sc">Edmund Crosby Quiggin, M.A.</span><br /> + Fellow and Lecturer in Modern Languages and Monro Lecturer in Celtic, + Gonville and Caius College, Cambridge.</td> + <td class="tc4 cl">Finn mac Cool.</td></tr> + +<tr> <td class="tc1">E. D. R.</td> + <td class="tc2"><span class="sc">Lieut.-Colonel Emilius C. Delmé Radcliffe.</span><br /> + Author of <i>Falconry: Notes on the Falconidae used in India in Falconry</i>.</td> + <td class="tc4 cl">Falconry.</td></tr> + +<tr> <td class="tc1">E. E. A.</td> + <td class="tc2"><span class="sc">Ernest E. Austen.</span><br /> + Assistant in Department of Zoology, Natural History Museum, South Kensington.</td> + <td class="tc4 cl">Flea.</td></tr> + +<tr> <td class="tc1">E. E. H.</td> + <td class="tc2"><span class="sc">Rev. Edward Everett Hale.</span><br /> + See the biographical article: <span class="sc">Hale, E. E.</span></td> + <td class="tc4 cl">Everett, Edward.</td></tr> + +<tr> <td class="tc1">E. G.</td> + <td class="tc2"><span class="sc">Edmund Gosse, LL.D.</span><br /> + See the biographical article: <span class="sc">Gosse, Edmund</span>.</td> + <td class="tc4 cl">Ewald, Johannes; Fabliau;<br /> +Fabre, Ferdinand; Feuillet;<br /> +Finland: <i>Literature</i>;<br /> +FitzGerald, Edward; Flaubert;<br /> +Flemish Literature; Forssell.</td></tr> + +<tr> <td class="tc1">E. H. P.</td> + <td class="tc2"><span class="sc">Edward Henry Palmer, M.A.</span><br /> + See the biographical article: <span class="sc">Palmer, E. H.</span></td> + <td class="tc4 cl">Firdousi (<i>in part</i>).</td></tr> + +<tr> <td class="tc1">E. K.</td> + <td class="tc2"><span class="sc">Edmund Knecht, Ph.D., M.Sc.Tech.</span> (Manchester), F.I.C. + Professor of Technological Chemistry, Manchester University. Head of Chemical + Department, Municipal School of Technology, Manchester. Examiner in Dyeing, + City and Guilds of London Institute. Author of <i>A Manual of Dyeing</i>; &c. Editor + of <i>Journal of the Society of Dyers and Colourists</i>.</td> + <td class="tc4 cl">Finishing.</td></tr> + +<tr> <td class="tc1">E. M. Ha.</td> + <td class="tc2"><span class="sc">Ernest Maes Harvey.</span><br /> + Partner in Messrs. Allen Harvey & Ross, Bullion Brokers, London.</td> + <td class="tc4 cl">Exchange.</td></tr> + +<tr> <td class="tc1">E. O.*</td> + <td class="tc2"><span class="sc">Edmund Owen, M.B., F.R.C.S., LL.D., D.Sc.</span><br /> + Consulting Surgeon to St Mary’s Hospital, London, and to the Children’s Hospital, + Great Ormond Street, London. Chevalier of the Legion of Honour. Late Examiner + in Surgery at the University of Cambridge, London and Durham. Author of <i>A + Manual of Anatomy for Senior Students</i>.</td> + <td class="tc4 cl">Fistula.</td></tr> + +<tr> <td class="tc1">E. O. S.</td> + <td class="tc2"><span class="sc">Edwin Otho Sachs, F.R.S.</span> (Edin.), <span class="sc">A.M.Inst.M.E.</span><br /> + Chairman of the British Fire Prevention Committee. Vice-President, National + Fire Brigades Union. Vice-President, International Fire Service Council. Author + of <i>Fires and Public Entertainments</i>; &c.</td> + <td class="tc4 cl">Fire and Fire Extinction.</td></tr> + +<tr> <td class="tc1">E. Pr.</td> + <td class="tc2"><span class="sc">Edgar Prestage.</span><br /> + Special Lecturer in Portuguese Literature at the University of Manchester. Commendador, + Portuguese Order of S. Thiago. Corresponding Member of Lisbon + Royal Academy of Sciences and Lisbon Geographical Society.</td> + <td class="tc4 cl">Falcao;<br /> +Ferreira.</td></tr> + +<tr> <td class="tc1">E. Re.</td> + <td class="tc2"><span class="sc">Elisée Reclus.</span><br /> + See the biographical article: <span class="sc">Reclus, J. J. E.</span></td> + <td class="tc4 cl">Fire.</td></tr> + +<tr> <td class="tc1">E. Tn.</td> + <td class="tc2"><span class="sc">Rev. Ethelred Leonard Taunton</span>, (d. 1907). + Author of <i>The English Black Monks of St Benedict</i>; <i>History of the Jesuits in England</i>.</td> + <td class="tc4 cl">Feckenham;<br /> +Fisher, John.</td></tr> + +<tr> <td class="tc1">E. W. H.</td> + <td class="tc2"><span class="sc">Ernest William Hobson, M.A., D.Sc., F.R.S., F.R.A.S.</span><br /> + Fellow and Tutor in Mathematics, Christ’s College, Cambridge. Stokes Lecturer + in Mathematics in the University.</td> + <td class="tc4 cl">Fourier’s Series.</td></tr> + +<tr> <td class="tc1">F. C. C.</td> + <td class="tc2"><span class="sc">Frederick Cornwallis Conybeare, M.A., D.Th.</span> (Giessen). + Fellow of the British Academy. Formerly Fellow of University College, Oxford. + Author of <i>The Ancient Armenian Texts of Aristotle</i>; <i>Myth, Magic and Morals</i>; &c.</td> + <td class="tc4 cl">Extreme Unction.</td></tr> + +<tr> <td class="tc1">F. G. P.</td> + <td class="tc2"><span class="sc">Frederick Gymer Parsons, F.R.C.S., F.Z.S., F.R.Anthrop.Inst.</span><br /> + Vice-President, Anatomical Society of Great Britain and Ireland. Lecturer on + Anatomy at St Thomas’s Hospital and the London School of Medicine for Women. + Formerly Hunterian Professor at the Royal College of Surgeons.</td> + <td class="tc4 cl">Eye: <i>Anatomy</i>.</td></tr> + +<tr> <td class="tc1">F. J. H.</td> + <td class="tc2"><span class="sc">Francis John Haverfield, M.A., LL.D., F.S.A.</span><br /> + Camden Professor of Ancient History in the University of Oxford. Fellow of + Brasenose College. Ford’s Lecturer, 1906-1907. Fellow of the British Academy. + Author of Monographs on Roman History, especially Roman Britain; &c.</td> + <td class="tc4 cl">Fosse.</td></tr> + +<tr> <td class="tc1">F. J. W.</td> + <td class="tc2"><span class="sc">Frederick Joseph Wall, F.C.S.</span><br /> + Secretary to the Football Association.</td> + <td class="tc4 cl">Football: <i>Association</i> (<i>in part</i>).</td></tr> + +<tr> <td class="tc1">F. R. C.</td> + <td class="tc2"><span class="sc">Frank R. Cana.</span><br /> + Author of <i>South Africa from the Great Trek to the Union</i>.</td> + <td class="tc4 cl">France: <i>Colonies</i>.</td></tr> + +<tr> <td class="tc1">F. S.</td> + <td class="tc2"><span class="sc">Francis Storr, M.A.</span><br /> + Editor of the <i>Journal of Education</i>, London. Officier d’Académie, Paris.</td> + <td class="tc4 cl">Fable.</td></tr> + +<tr> <td class="tc1">G. A. B.</td> + <td class="tc2"><span class="sc">George A. Boulenger, D.Sc., Ph.D., F.R.S.</span><br /> + In charge of the Collections of Reptiles and Fishes, Department of Zoology, British + Museum. Vice-President of the Zoological Society of London.</td> + <td class="tc4 cl">Flat-fish.</td></tr> + +<tr> <td class="tc1">G. A. Be.</td> + <td class="tc2"><span class="sc">George Andreas Berry, M.B., F.R.C.S., F.R.S.</span> (Edin.). + Hon. Surgeon Oculist to His Majesty in Scotland. Formerly Senior Ophthalmic + Surgeon, Edinburgh Royal Infirmary, and Lecturer on Ophthalmology in the University + of Edinburgh. Vice-President, Ophthalmological Society. Author of + <i>Diseases of the Eye</i>; <i>The Elements of Ophthalmoscopic Diagnosis</i>; <i>Subjective + Symptoms in Eye Diseases</i>; &c.</td> + <td class="tc4 cl">Eye: <i>Diseases</i>.</td></tr> + +<tr> <td class="tc1">G. B. A.</td> + <td class="tc2"><span class="sc">George Burton Adams, A.M., B.D., Ph.D., Litt.D.</span><br /> + Professor of History, Yale University. Editor of <i>American Historical Review</i>. + Author of <i>Civilization during the Middle Ages</i>; <i>Political History of England,</i> + 1066-1216; &c.</td> + <td class="tc4 cl">Feudalism.</td></tr> + +<tr> <td class="tc1">G. C. L.</td> + <td class="tc2"><span class="sc">George Collins Levey, C.M.G.</span><br /> + Member of Board of Advice to Agent-General of Victoria. Formerly Editor and + Proprietor of the <i>Melbourne Herald</i>. Secretary, Colonial Committee of Royal + Commission to Paris Exhibition, 1900. Secretary, Adelaide Exhibition, 1887. + Secretary, Royal Commission, Hobart Exhibition, 1894-1895. Secretary to Commissioners + for Victoria at the Exhibitions in London, Paris, Vienna, Philadelphia + and Melbourne, 1873, 1876, 1878, 1880-1881.</td> + <td class="tc4 cl">Exhibition.</td></tr> + +<tr> <td class="tc1">G. E.</td> + <td class="tc2"><span class="sc">Rev. George Edmundson, M.A., F.R.Hist.S.</span><br /> + Formerly Fellow and Tutor of Brasenose College, Oxford. Ford’s Lecturer, 1909. + Hon. Member, Dutch Historical Society, and Foreign Member, Netherlands Association + of Literature.</td> + <td class="tc4 cl">Flanders.</td></tr> + +<tr> <td class="tc1">G. F. Z.</td> + <td class="tc2"><span class="sc">George Frederick Zimmer, A.M.Inst.C.E.</span><br /> + Author of <i>Mechanical Handling of Material</i>.</td> + <td class="tc4 cl">Flour and Flour Manufacture.</td></tr> + +<tr> <td class="tc1">G. G. P.*</td> + <td class="tc2"><span class="sc">George Grenville Phillimore, M.A., B.C.L.</span><br /> + Christ Church, Oxford. Barrister-at-Law, Middle Temple.</td> + <td class="tc4 cl">Fishery, Law of.</td></tr> + +<tr> <td class="tc1">G. P.</td> + <td class="tc2"><span class="sc">Gifford Pinchot, A.M., D.Sc., LL.D.</span><br /> + Professor of Forestry, Yale University. Formerly Chief Forester, U.S.A. President + of the National Conservation Association. Member of the Society of American + Foresters, Royal English Arboricultural Society, &c. Author of <i>The White Pine</i>; + <i>A Primer of Forestry</i>; &c.</td> + <td class="tc4 cl">Forests and Forestry: <i>United States</i>.</td></tr> + +<tr> <td class="tc1">G. W. T.</td> + <td class="tc2"><span class="sc">Rev. Griffiths Wheeler Thatcher, M.A., B.D.</span><br /> + Warden of Camden College, Sydney, N.S.W. Formerly Tutor in Hebrew and Old + Testament History at Mansfield College, Oxford.</td> + <td class="tc4 cl">Fairūzābādī;<br /> +Fakhr ud-Dīn Rāzi;<br /> +Fārābī; Farazdaq.</td></tr> + +<tr> <td class="tc1">H. B. S.</td> + <td class="tc2"><span class="sc">Rev. Henry Barclay Swete, M.A., D.D., Litt.D.</span><br /> + Regius Professor of Divinity, Cambridge University. Fellow of Gonville and Caius + College, Cambridge. Fellow of King’s College, London. Fellow of British Academy. + Hon. Canon of Ely Cathedral. Author of <i>The Holy Spirit in the New Testament</i>; &c.</td> + <td class="tc4 cl">Fathers of the Church.</td></tr> + +<tr> <td class="tc1">H. Ch.</td> + <td class="tc2"><span class="sc">Hugh Chisholm, M.A.</span><br /> + Formerly Scholar of Corpus Christi College, Oxford. Editor of the 11th Edition + of the <i>Encyclopaedia Britannica</i>; Co-Editor of the 10th edition.</td> + <td class="tc4 cl">Forster.</td></tr> + +<tr> <td class="tc1">H. De.</td> + <td class="tc2"><span class="sc">Hippolyte Delehaye, S.J.</span><br /> + Assistant in the compilation of the Bollandist publications: <i>Analecta Bollandiana</i> + and <i>Acta Sanctorum</i>.</td> + <td class="tc4 cl">Fiacre, Saint;<br /> +Florian, Saint.</td></tr> + +<tr> <td class="tc1">H. F. G.</td> + <td class="tc2"><span class="sc">Hans Friedrich Gadow, F.R.S., Ph.D.</span><br /> + Strickland Curator and Lecturer on Zoology in the University of Cambridge. + Author of “Amphibia and Reptiles,” in the <i>Cambridge Natural History</i>.</td> + <td class="tc4 cl">Flamingo.</td></tr> + +<tr> <td class="tc1">H. L. S.</td> + <td class="tc2"><span class="sc">H. Lawrence Swinburne</span> (d. 1909).</td> + <td class="tc4 cl">Flag.</td></tr> + +<tr> <td class="tc1">H. St.</td> + <td class="tc2"><span class="sc">Henry Sturt, M.A.</span><br /> + Author of <i>Idola Theatri</i>; <i>The Idea of a Free Church</i>; <i>Personal Idealism</i>.</td> + <td class="tc4 cl">Fechner;<br /> +Feuerbach, Ludwig A.</td></tr> + + +<tr> <td class="tc1">H. W. C. D.</td> + <td class="tc2"><span class="sc">Henry William Carless Davis, M.A.</span><br /> + Fellow and Tutor of Balliol College, Oxford. Fellow of All Souls’ College, Oxford, + 1895-1902. Author of <i>England under the Normans and Angevins</i>; <i>Charlemagne</i>.</td> + <td class="tc4 cl">Fitz Neal;<br /> +Fitz Peter, Geoffrey;<br /> +Fitz Stephen, William;<br /> +Fitz Thedmar; Flambard;<br /> +Florence of Worcester.</td></tr> + +<tr> <td class="tc1">H. W. S.</td> + <td class="tc2"><span class="sc">H. Wickham Steed.</span><br /> + Correspondent of <i>The Times</i> at Vienna. Correspondent of <i>The Times</i> at Rome, + 1897-1902.</td> + <td class="tc4 cl">Fabrizi.</td></tr> + +<tr> <td class="tc1">I. A.</td> + <td class="tc2"><span class="sc">Israel Abrahams, M.A.</span><br /> + Reader in Talmudic and Rabbinic Literature, University of Cambridge. President, + Jewish Historical Society of England. Author of <i>A Short History of Jewish Literature</i>; + <i>Jewish Life in the Middle Ages</i>.</td> + <td class="tc4 cl">Exilarch;<br /> +Eybeschutz.</td></tr> + +<tr> <td class="tc1">J. A. C.</td> + <td class="tc2"><span class="sc">Sir Joseph Archer Crowe, K.C.M.G.</span><br /> + See the biographical article: <span class="sc">Crowe, Sir Joseph A.</span></td> + <td class="tc4 cl">Eyck, Van.</td></tr> + +<tr> <td class="tc1">J. A. H.</td> + <td class="tc2"><span class="sc">John Allen Howe, B.Sc.</span><br /> + Curator and Librarian of the Museum of Practical Geology, London. Author of + <i>The Geology of Building Stones</i>.</td> + <td class="tc4 cl">France: <i>Geology</i>.</td></tr> + +<tr> <td class="tc1">J. A. S.</td> + <td class="tc2"><span class="sc">John Addington Symonds, LL.D.</span><br /> + See the biographical article: <span class="sc">Symonds, John A.</span></td> + <td class="tc4 cl">Ficino;<br /> +Filelfo.</td></tr> + +<tr> <td class="tc1">J. B.*</td> + <td class="tc2"><span class="sc">Joseph Burton.</span><br /> + Partner in Pilkington’s Tile and Pottery Co., Clifton Junction, Manchester.</td> + <td class="tc4 cl">Firebrick (<i>in part</i>).</td></tr> + +<tr> <td class="tc1">J. B. P.</td> + <td class="tc2"><span class="sc">James Bell Pettigrew, M.D., LL.D., F.R.S., F.R.C.P.</span> (Edin.) (1834-1908). + Chandos Professor of Medicine and Anatomy, University of St Andrews, 1875-1908. + Author of <i>Animal Locomotion</i>; &c.</td> + <td class="tc4 cl">Flight and Flying (<i>in part</i>).</td></tr> + +<tr> <td class="tc1">J. Bt.</td> + <td class="tc2"><span class="sc">James Bartlett.</span><br /> + Lecturer on Construction, Architecture, Sanitation, Quantities, &c., at King’s + College, London. Member of Society of Architects. Member of Institute of + Junior Engineers.</td> + <td class="tc4 cl">Foundations.</td></tr> + +<tr> <td class="tc1">J. C. M.</td> + <td class="tc2"><span class="sc">James Clerk Maxwell, LL.D.</span><br /> + See the biographical article: <span class="sc">Maxwell, James Clerk</span>.</td> + <td class="tc4 cl">Faraday.</td></tr> + +<tr> <td class="tc1">J. E. C. B.</td> + <td class="tc2"><span class="sc">John Edward Courtenay Bodley, M.A.</span><br /> + Balliol College, Oxford. Corresponding Member of the Institute of France. Author + of <i>France</i>; <i>The Coronation of Edward VII.</i>; &c.</td> + <td class="tc4 cl">France: <i>History</i>, 1870-1910.</td></tr> + +<tr> <td class="tc1">J. E. P. W.</td> + <td class="tc2"><span class="sc">John Edward Power Wallis, M.A.</span><br /> + Puisne Judge, Madras. Vice-Chancellor of Madras University. Inns of Court + Reader in Constitutional Law, 1892-1897. Formerly Editor of <i>State Trials</i>.</td> + <td class="tc4 cl">Extradition.</td></tr> + +<tr> <td class="tc1">J. F. St.</td> + <td class="tc2"><span class="sc">John Frederick Stenning, M.A.</span><br /> + Dean and Fellow of Wadham College, Oxford. University Lecturer in Aramaic. + Lecturer in Divinity and Hebrew at Wadham College.</td> + <td class="tc4 cl">Exodus, Book of.</td></tr> + +<tr> <td class="tc1">J. G. H.</td> + <td class="tc2"><span class="sc">Joseph G. Horner, A.M.I.Mech.E.</span><br /> + Author of <i>Plating and Boiler Making</i>; <i>Practical Metal Turning</i>; &c.</td> + <td class="tc4 cl">Forging;<br /> +Founding.</td></tr> + +<tr> <td class="tc1">J. G. R.</td> + <td class="tc2"><span class="sc">John George Robertson, M.A., Ph.D.</span><br /> + Professor of German at the University of London. Formerly Lecturer on the + English Language, Strassburg University. Author of <i>History of German Literature</i>; + &c.</td> + <td class="tc4 cl">Fouqué, Baron.</td></tr> + +<tr> <td class="tc1">J. H. P.*</td> + <td class="tc2"><span class="sc">John Hungerford Pollen, M.A.</span> (d. 1908). + Formerly Professor of Fine Arts in Catholic University of Dublin. Fellow of + Merton College, Oxford. Cantor Lecturer, Society of Arts, 1885. Author of + <i>Ancient and Modern Furniture and Woodwork</i>; <i>Ancient and Modern Gold and + Silversmith’s Work</i>; <i>The Trajan Column</i>; &c.</td> + <td class="tc4 cl">Fan.</td></tr> + +<tr> <td class="tc1">J. Hl. R.</td> + <td class="tc2"><span class="sc">John Holland Rose, M.A., Litt.D.</span><br /> + Lecturer on Modern History to the Cambridge University Local Lectures Syndicate. + Author of <i>Life of Napoleon I.</i>; <i>Napoleonic Studies</i>; <i>The Development of the European + Nations</i>; <i>The Life of Pitt</i>; chapters in the <i>Cambridge Modern History</i>.</td> + <td class="tc4 cl">Fouché.</td></tr> + +<tr> <td class="tc1">J. H. R.</td> + <td class="tc2"><span class="sc">John Horace Round, M.A., LL.D.</span> (Edin.). + Author of <i>Feudal England</i>; <i>Studies in Peerage and Family History</i>; <i>Peerage and + Pedigree</i>; &c.</td> + <td class="tc4 cl">Ferrers: <i>Family</i>;<br /> +Fitzgerald: <i>Family</i>.</td></tr> + +<tr> <td class="tc1">J. I.</td> + <td class="tc2"><span class="sc">Jules Isaac.</span><br /> + Professor of History at the Lycée of Lyons.</td> + <td class="tc4 cl">Francis I. of France.</td></tr> + +<tr> <td class="tc1">J. K. L.</td> + <td class="tc2"><span class="sc">Sir John Knox Laughton, M.A., Litt.D.</span><br /> + Professor of Modern History, King’s College, London. Secretary of the Navy + Records Society. Served in the Baltic, 1854-1855; in China, 1856-1859. Mathematical + and Naval Instructor, Royal Naval College, Portsmouth, 1866-1873; + Greenwich, 1873-1885. President, Royal Meteorological Society, 1882-1884. + Honorary Fellow, Gonville and Caius College, Cambridge. Fellow, King’s College, + London. Author of <i>Physical Geography in its Relation to the Prevailing Winds and + Currents</i>; <i>Studies in Naval History</i>; <i>Sea Fights and Adventures</i>; &c.</td> + <td class="tc4 cl">Farragut;<br /> +Fitzroy.</td></tr> + +<tr> <td class="tc1">J. L. B.</td> + <td class="tc2"><span class="sc">Julian Levett Baker, F.I.C.</span><br /> + Analytical and Consulting Chemist. Examiner in Brewing to the City and Guilds + of London Institute, Department of Technology. Hon. Secretary of the Institute + of Brewing. Author of <i>The Brewing Industry</i>; &c.</td> + <td class="tc4 cl">Fermentation.</td></tr> + +<tr> <td class="tc1">J. Ma.</td> + <td class="tc2"><span class="sc">John Macdonald.</span><br /></td> + <td class="tc4 cl">Fair (<i>in part</i>).</td></tr> + +<tr> <td class="tc1">J. M. S.</td> + <td class="tc2"><span class="sc">James Montgomery Stuart.</span><br /> + Author of <i>The History of Free Trade in Tuscany</i>; <i>Reminiscences and Essays</i>.</td> + <td class="tc4 cl">Foscolo.</td></tr> + +<tr> <td class="tc1">J. Pa.</td> + <td class="tc2"><span class="sc">James Paton, F.L.S.</span><br /> + Superintendent of Museums and Art Galleries of Corporation of Glasgow. Assistant + in Museum of Science and Art, Edinburgh, 1861-1876. President of Museums + Association of United Kingdom, 1896. Editor and part-author of <i>Scottish National + Memorials</i>, 1890.</td> + <td class="tc4 cl">Feather (<i>in part</i>).</td></tr> + +<tr> <td class="tc1">J. P. E.</td> + <td class="tc2"><span class="sc">Jean Paul Hippolyte Emmanuel Adhémar Esmein.</span><br /> + Professor of Law in the University of Paris. Officer of the Legion of Honour. + Member of the Institute of France. Author of <i>Cours élémentaire d’histoire du droit + français</i>; &c.</td> + <td class="tc4 cl">France: <i>Law and Institutions</i>.</td></tr> + +<tr> <td class="tc1">J. R. C.</td> + <td class="tc2"><span class="sc">Joseph Rogerson Cotter, M.A.</span><br /> + Assistant to the Professor of Natural and Experimental Philosophy, Trinity College, + Dublin. Editor of 2nd edition of Preston’s <i>Theory of Heat</i>.</td> + <td class="tc4 cl">Fluorescence.</td></tr> + +<tr> <td class="tc1">J. R. F.*</td> + <td class="tc2"><span class="sc">Joseph R. Fisher.</span><br /> + Editor of the <i>Northern Whig</i>, Belfast. Author of <i>Finland and the Tsars</i>; <i>Law of + the Press</i>; &c.</td> + <td class="tc4 cl">Finland.</td></tr> + +<tr> <td class="tc1">J. R. J. J.</td> + <td class="tc2"><span class="sc">Julian Robert John Jocelyn.</span><br /> + Colonel, R.A. Formerly Commandant, Ordnance College; Member of Ordnance + Committee; Commandant, Schools of Gunnery.</td> + <td class="tc4 cl">Fireworks: <i>History</i>.</td></tr> + +<tr> <td class="tc1">J. S. Bl.</td> + <td class="tc2"><span class="sc">Rev. John Sutherland Black, M.A., LL.D.</span><br /> + Assistant Editor, 9th edition, <i>Encyclopaedia Britannica</i>. Joint Editor of the + <i>Encyclopaedia Biblica</i>. Translated Ritschl’s <i>Critical History of the Christian + Doctrine of Justification and Reconciliation</i>.</td> + <td class="tc4 cl">Fasting;<br /> +Feasts and Festivals.</td></tr> + +<tr> <td class="tc1">J. S. F.</td> + <td class="tc2"><span class="sc">John Smith Flett, D.Sc, F.G.S.</span><br /> + Petrographer to the Geological Survey. Formerly Lecturer on Petrology in Edinburgh + University. Neill Medallist of the Royal Society of Edinburgh. Bigsby + Medallist of the Geological Society of London.</td> + <td class="tc4 cl">Felsite;<br /> +Flint.</td></tr> + +<tr> <td class="tc1">J. S. K.</td> + <td class="tc2"><span class="sc">John Scott Keltie, LL.D., F.S.S.. F.S.A.</span> (Scot.). + Secretary, Royal Geographical Society. Knight of Swedish Order of North Star. + Commander of the Norwegian Order of St Olaf. Hon. Member, Geographical + Societies of Paris, Berlin, Rome, &c. Editor of <i>Statesman’s Year Book</i>. Editor of + the <i>Geographical Journal</i>.</td> + <td class="tc4 cl">Finland (<i>in part</i>);<br /> +Flinders.</td></tr> + +<tr> <td class="tc1">J. T. Be.</td> + <td class="tc2"><span class="sc">John T. Bealby.</span><br /> + Joint Author of Stanford’s <i>Europe</i>. Formerly Editor of the <i>Scottish Geographical + Magazine</i>. Translator of Sven Hedin’s <i>Through Asia, Central Asia and Tibet</i>; &c.</td> + <td class="tc4 cl">Fens;<br /> +Ferghana (<i>in part</i>).</td></tr> + +<tr> <td class="tc1">K. S.</td> + <td class="tc2"><span class="sc">Kathleen Schlesinger.</span><br /> + Author of <i>The Instruments of the Orchestra</i>.</td> + <td class="tc4 cl">Fiddle; Fife; Flageolet;<br /> +Flute (<i>in part</i>).</td></tr> + +<tr> <td class="tc1">L. D.*</td> + <td class="tc2"><span class="sc">Louis Duchesne.</span><br /> + See the biographical article: <span class="sc">Duchesne, L. M. O.</span></td> + <td class="tc4 cl">Formosus.</td></tr> + +<tr> <td class="tc1">L. F. S.</td> + <td class="tc2"><span class="sc">Leslie Frederic Scott, M.A., K.C.C.</span><br /> + Barrister-at-Law, Inner Temple.</td> + <td class="tc4 cl">Factor.</td></tr> + +<tr> <td class="tc1">L. J.</td> + <td class="tc2"><span class="sc">Lieut.-Colonel Louis Charles Jackson, R.E., C.M.G.</span><br /> + Assistant Director of Fortifications and Works, War Office. Formerly Instructor + in Fortification, R.M.A., Woolwich. Instructor in Fortification and Military + Engineering, School of Military Engineering, Chatham</td> + <td class="tc4 cl">Fortification and Siegecraft.</td></tr> + +<tr> <td class="tc1">L. V.*</td> + <td class="tc2"><span class="sc">Luigi Villari.</span><br /> + Italian Foreign Office (Emigration Dept.). Formerly Newspaper Correspondent + in east of Europe. Italian Vice-Consul in New Orleans, 1906; Philadelphia, 1907; + Boston, U.S.A., 1907-1910. Author of <i>Italian Life in Town and Country</i>; <i>Fire and + Sword in the Caucasus</i>; &c.</td> + + <td class="tc4 cl">Faliero; Fanti, Manfredo;<br /> +Farini, Luigi Carlo;<br /> +Farnese: <i>Family</i>;<br /> +Ferdinand I. and IV. of Naples;<br /> +Ferdinand II. of the Two Sicilies;<br /> +Fiesco; Filangieri, C.;<br /> +Florence; Foscari;<br /> +Fossombroni;<br /> +Francis II. of the Two Sicilies;<br /> +Francis IV. and V. of Modena.</td></tr> + +<tr> <td class="tc1">M. Ha.</td> + <td class="tc2"><span class="sc">Marcus Hartog, M.A., D.Sc, F.L.S.</span><br /> + Professor of Zoology, University College, Cork. Author of "“Protozoa,” in <i>Cambridge + Natural History</i>; and papers for various scientific journals.</td> + <td class="tc4 cl">Flagellate; Foraminifera.</td></tr> + +<tr> <td class="tc1">N. W. T.</td> + <td class="tc2"><span class="sc">Northcote Whitbridge Thomas, M.A.</span><br /> + Government Anthropologist to Southern Nigeria. Corresponding Member of the + Société d’Anthropologie de Paris. Author of <i>Thought Transference</i>; <i>Kinship and + Marriage in Australia</i>; &c.</td> + <td class="tc4 cl">Faith Healing;<br /> +Fetishism;<br /> +Folklore.</td></tr> + +<tr> <td class="tc1">O. H.*</td> + <td class="tc2"><span class="sc">Otto Hehner, F.I.C., F.C.S.</span><br /> + Public Analyst. Formerly President of Society of Public Analysts. Vice-President + of Institute of Chemistry of Great Britain and Ireland. Author of works on Butter + Analysis; Alcohol Tables; &c.</td> + <td class="tc4 cl">Food Preservation.</td></tr> + +<tr> <td class="tc1">O. M.</td> + <td class="tc2"><span class="sc">David Orme Masson, M.A., D.Sc, F.R.S.</span><br /> + Professor of Chemistry, Melbourne University. Author of papers on chemistry in + the transactions of various learned societies.</td> + <td class="tc4 cl">Fireworks: <i>Modern</i>.</td></tr> + +<tr> <td class="tc1">P. A.</td> + <td class="tc2"><span class="sc">Paul Daniel Alphandéry.</span><br /> + Professor of the History of Dogma, École Pratique des Hautes Études, Sorbonne, + Paris. Author of <i>Les Idées morales chez les hétérodoxes latines au début du XIII^e + siècle</i>.</td> + <td class="tc4 cl">Flagellants.</td></tr> + +<tr> <td class="tc1">P. A. K.</td> + <td class="tc2"><span class="sc">Prince Peter Alexeivitch Kropotkin.</span><br /> + See the biographical article: <span class="sc">Kropotkin, P. A.</span></td> + <td class="tc4 cl">Ferghana (<i>in part</i>);<br /> +Finland (<i>in part</i>).</td></tr> + +<tr> <td class="tc1">P. C. Y.</td> + <td class="tc2"><span class="sc">Philip Chesney Yorke, M.A.</span><br /> + Magdalen College, Oxford.</td> + <td class="tc4 cl">Falkland; Fanshaw;<br /> +Fawkes, Guy; Fell, John;<br /> +Fortescue, Sir John.</td></tr> + +<tr> <td class="tc1">P. C. M.</td> + <td class="tc2"><span class="sc">Peter Chalmers Mitchell, F.R.S., F.Z.S., D.Sc, LL.D.</span><br /> + Secretary to the Zoological Society of London. University Demonstrator in Comparative + Anatomy and Assistant to Linacre Professor at Oxford, 1881-1891. + Examiner in Zoology to the University of London, 1903. Author of <i>Outlines of + Biology</i>; &c.</td> + <td class="tc4 cl">Evolution.</td></tr> + +<tr> <td class="tc1">P. G. K.</td> + <td class="tc2"><span class="sc">Paul George Konody.</span><br /> + Art Critic of the <i>Observer</i> and the <i>Daily Mail</i>. Formerly Editor of <i>The Artist</i>. + Author of <i>The Art of Walter Crane</i>; <i>Velasquez, Life and Work</i>; &c.</td> + <td class="tc4 cl">Fiorenzo di Lorenzo;<br /> +Fragonard.</td></tr> + +<tr> <td class="tc1">P. J. H.</td> + <td class="tc2"><span class="sc">Philip Joseph Hartog, M.A., L. ès Sc.</span> (Paris). + Academic Registrar of the University of London. Author of <i>The Writing of English</i>, + and articles in the Special Reports on educational subjects of the Board of Education.</td> + <td class="tc4 cl">Examinations (<i>in part</i>).</td></tr> + +<tr> <td class="tc1">P. W.</td> + <td class="tc2"><span class="sc">Paul Wiriath.</span><br /> + Director of the École Supérieure Pratique de Commerce et d’Industrie, Paris.</td> + <td class="tc4 cl">France: <i>History to</i> 1870.</td></tr> + +<tr> <td class="tc1">R. Ad.</td> + <td class="tc2"><span class="sc">Robert Adamson, LL.D.</span><br /> + See the biographical article: <span class="sc">Adamson, R.</span></td> + <td class="tc4 cl">Fichte;<br /> +Fourier, F. C. M.</td></tr> + +<tr> <td class="tc1">R. A. S. M.</td> + <td class="tc2"><span class="sc">Robert Alexander Stewart Macalister, M.A., F.S.A.</span><br /> + St John’s College, Cambridge. Director of Excavations for the Palestine Exploration + Fund.</td> + <td class="tc4 cl">Font.</td></tr> + +<tr> <td class="tc1">R. H. C.</td> + <td class="tc2"><span class="sc">Rev. Robert Henry Charles, M.A., D.D., D.Litt.</span> (Oxon.). + Grinfield Lecturer and Lecturer in Biblical Studies, Oxford. Fellow of the British + Academy. Formerly Senior Moderator of Trinity College, Dublin. Author and + Editor of <i>Book of Enoch</i>; <i>Book of Jubilees</i>; <i>Apocalypse of Baruch</i>; <i>Assumption of + Moses</i>; <i>Ascension of Isaiah</i>; <i>Testaments of the XII. Patriarchs</i>; &c.</td> + <td class="tc4 cl">Ezra: <i>Third and Fourth Books of</i>.</td></tr> + + +<tr> <td class="tc1">R. J. M.</td> + <td class="tc2"><span class="sc">Ronald John McNeill, M.A.</span><br /> + Christ Church, Oxford. Barrister-at-Law. Formerly Editor of the <i>St James’s + Gazette</i>, London.</td> + <td class="tc4 cl">Fenians;<br /> +Fitzgerald, Lord Edward;<br /> +Flood, Henry.</td></tr> + +<tr> <td class="tc1">R. L.*</td> + <td class="tc2"><span class="sc">Richard Lydekker, F.R.S., F.G.S., F.Z.S.</span><br /> + Member of the Staff of the Geological Survey of India, 1874-1882. Author of + <i>Catalogue of Fossil Mammals, Reptiles and Birds in British Museum</i>; <i>The Deer + of all Lands</i>; <i>The Game Animals of Africa</i>; &c.</td> + <td class="tc4 cl">Flying-Squirrel; Fox.</td></tr> + +<tr> <td class="tc1">R. N. B.</td> + <td class="tc2"><span class="sc">Robert Nisbet Bain</span> (d. 1909). + Assistant Librarian, British Museum, 1883-1909. Author of <i>Scandinavia: the + Political History of Denmark, Norway and Sweden, 1513-1900</i>; <i>The First Romanovs, + 1613-1725</i>; <i>Slavonic Europe: the Political History of Poland and Russia from 1469 + to 1796</i>; &c.</td> + <td class="tc4 cl">Fersen, Counts von.</td></tr> + +<tr> <td class="tc1">R. Po.</td> + <td class="tc2"><span class="sc">René Poupardin, D. ès L.</span><br /> + Secretary of the École des Chartes. Honorary Librarian at the Bibliothèque + Nationale, Paris. Author of <i>Le Royaume de Provence sous les Carolingiens</i>; <i>Recueil + des chartes de Saint-Germain</i>; &c.</td> + <td class="tc4 cl">Franche-Comté.</td></tr> + +<tr> <td class="tc1">R. P. S.</td> + <td class="tc2"><span class="sc">R. Phené Spiers, F.S.A., F.R.I.B.A.</span><br /> + Formerly Master of the Architectural School, Royal Academy, London. Past + President of Architectural Association. Associate and Fellow of King’s College, + London. Corresponding Member of the Institute of France. Editor of Fergusson’s + <i>History of Architecture</i>. Author of <i>Architecture: East and West</i>; &c.</td> + <td class="tc4 cl">Flute: <i>Architecture</i>.</td></tr> + +<tr> <td class="tc1">R. S. C.</td> + <td class="tc2"><span class="sc">Robert Seymour Conway, M.A., D.Litt.</span> (Cantab.). + Professor of Latin and Indo-European Philology in the University of Manchester. + Formerly Professor of Latin in University College, Cardiff; and Fellow of Gonville + and Caius College, Cambridge. Author of <i>The Italic Dialects</i>.</td> + <td class="tc4 cl">Falisci.</td></tr> + +<tr> <td class="tc1">R. Tr.</td> + <td class="tc2"><span class="sc">Roland Truslove, M.A.</span><br /> + Formerly Scholar of Christ Church, Oxford. Fellow, Dean and Lecturer in Classics + at Worcester College, Oxford.</td> + <td class="tc4 cl">France: <i>Statistics</i>.</td></tr> + +<tr> <td class="tc1">S. A. C.</td> + <td class="tc2"><span class="sc">Stanley Arthur Cook, M.A.</span><br /> + Editor for Palestine Exploration Fund. Lecturer in Hebrew and Syriac, and + formerly Fellow, Gonville and Caius College, Cambridge. Examiner in Hebrew and + Aramaic, London University, 1904-1908. Author of <i>Glossary of Aramaic Inscriptions</i>; + <i>The Laws of Moses and the Code of Hammurabi</i>; <i>Critical Notes on Old Testament + History</i>; <i>Religion of Ancient Palestine</i>; &c.</td> + <td class="tc4 cl">Exodus, The;<br /> +Ezra and Nehemiah, Books of.</td></tr> + +<tr> <td class="tc1">S. C.</td> + <td class="tc2"><span class="sc">Sidney Colvin, LL.D.</span><br /> + See the biographical article: <span class="sc">Colvin, S.</span></td> + <td class="tc4 cl">Fine Arts; Finiguerra;<br /> +Flaxman.</td></tr> + +<tr> <td class="tc1">St C.</td> + <td class="tc2"><span class="sc">Viscount St Cyres.</span><br /> + See the biographical article: <span class="sc">Iddesleigh, 1st Earl of</span></td> + <td class="tc4 cl">Fénelon.</td></tr> + +<tr> <td class="tc1">S. E. B.</td> + <td class="tc2"><span class="sc">Hon. Simeon Eben Baldwin, M.A., LL.D.</span><br /> + Professor of Constitutional and Private International Law in Yale University. + Director of the Bureau of Comparative Law of the American Bar Association. + Formerly Chief Justice of Connecticut. Author of <i>Modern Political Institutions</i>; + <i>American Railroad Law</i>; &c.</td> + <td class="tc4 cl">Extradition: U.S.A.</td></tr> + +<tr> <td class="tc1">S. E. S.-R.</td> + <td class="tc2"><span class="sc">Stephen Edward Spring-Rice, M.A., C.B.</span> (1856-1902). + Formerly Principal Clerk, H.M. Treasury, and Auditor of the Civil List. Fellow of + Trinity College, Cambridge.</td> + <td class="tc4 cl">Exchequer (<i>in part</i>).</td></tr> + +<tr> <td class="tc1">T. A. I.</td> + <td class="tc2"><span class="sc">Thomas Allan Ingram, M.A., LL.D.</span><br /> + Trinity College, Dublin.</td> + <td class="tc4 cl">Explosives: <i>Law</i>.</td></tr> + +<tr> <td class="tc1">T. As.</td> + <td class="tc2"><span class="sc">Thomas Ashby, M.A., D.Litt.</span> (Oxon.), <span class="sc">F.S.A.</span><br /> + Director of British School of Archaeology at Rome. Formerly Scholar of Christ + Church, Oxford. Craven Fellow, 1897. Corresponding Member of the Imperial + German Archaeological Institute. Author of the <i>Classical Topography of the Roman + Campagna</i>; &c.</td> + + <td class="tc4 cl">Faesulae; Falerii; Falerio;<br /> +Fanum Fortunae;<br /> +Ferentino; Fermo;<br /> +Flaminia Via;<br /> +Florence: <i>Early History</i>;<br /> +Fondi; Fonni; Forum Appii.</td></tr> + +<tr> <td class="tc1">T. Ba.</td> + <td class="tc2"><span class="sc">Sir Thomas Barclay, M.P.</span><br /> + Member of the Institute of International Law. Member of the Supreme Council of + the Congo Free State. Officer of the Legion of Honour. Author of <i>Problems of + International Practice and Diplomacy</i>; &c. M.P. for Blackburn, 1910.</td> + <td class="tc4 cl">Exterritoriality.</td></tr> + +<tr> <td class="tc1">T. H. H.*</td> + <td class="tc2"><span class="sc">Sir Thomas Hungerford Holdich, K.C.M.G., K.C.I.E., D.Sc., F.R.G.S.</span><br /> + Colonel in the Royal Engineers. Superintendent, Frontier Surveys, India, 1892-1898. + Gold Medallist, R.G.S., London, 1887. H.M. Commissioner for the + Persia-Beluch Boundary, 1896. Author of <i>The Indian Borderland</i>; <i>The Gates of + India</i>; &c.</td> + <td class="tc4 cl">Everest, Mount.</td></tr> + +<tr> <td class="tc1">T. K. C.</td> + <td class="tc2"><span class="sc">Rev. Thomas Kelly Cheyne, D.D.</span><br /> + See the biographical article: <span class="sc">Cheyne, T. K.</span></td> + <td class="tc4 cl">Eve (<i>in part</i>).</td></tr> + +<tr> <td class="tc1">T. Se.</td> + <td class="tc2"><span class="sc">Thomas Seccombe, M.A.</span><br /> + Lecturer in History, East London and Birkbeck Colleges, University of London. + Stanhope Prizeman, Oxford, 1887. Formerly Assistant Editor of <i>Dictionary of + National Biography</i>, 1891-1901. Joint-author of <i>The Bookman History of English + Literature</i>. Author of <i>The Age of Johnson</i>; &c.</td> + <td class="tc4 cl">Fawcett, Henry.</td></tr> + +<tr> <td class="tc1">T. Wo.</td> + <td class="tc2"><span class="sc">Thomas Woodhouse.</span><br /> + Head of Weaving and Textile Designing Department, Technical College, Dundee.</td> + <td class="tc4 cl">Flax.</td></tr> + +<tr> <td class="tc1">V. M.</td> + <td class="tc2"><span class="sc">Victor Charles Mahillon.</span><br /> + Principal of the Conservatoire Royal de Musique at Brussels. Chevalier of the Legion + of Honour.</td> + <td class="tc4 cl">Flute (<i>in part</i>).</td></tr> + +<tr> <td class="tc1">W. A. B. C.</td> + <td class="tc2"><span class="sc">Rev. William Augustus Brevoort Coolidge, M.A., F.R.G.S.</span>, Ph.D. (Bern). + Fellow of Magdalen College, Oxford. Professor of English History, St David’s + College, Lampeter, 1880-1881. Author of <i>Guide to Switzerland</i>; <i>The Alps in + Nature and in History</i>; &c. Editor of the <i>Alpine Journal</i>, 1880-1889.</td> + <td class="tc4 cl">Feldkirch.</td></tr> + +<tr> <td class="tc1">W. A. P.</td> + <td class="tc2"><span class="sc">Walter Alison Phillips, M.A.</span><br /> + Formerly Exhibitioner of Merton College and Senior Scholar of St John’s College, + Oxford. Author of <i>Modern Europe</i>; &c.</td> + <td class="tc4 cl">Excellency; Faust;<br /> +Febronianism.</td></tr> + +<tr> <td class="tc1">W. B.*</td> + <td class="tc2"><span class="sc">William Burton, M.A., F.C.S.</span><br /> + Chairman, Joint Committee of Pottery Manufacturers of Great Britain. Author of + <i>English Stoneware and Earthenware</i>; &c.</td> + <td class="tc4 cl">Firebrick (<i>in part</i>).</td></tr> + +<tr> <td class="tc1">W. Ca.</td> + <td class="tc2"><span class="sc">Walter Camp, A.M.</span><br /> + Member of Yale University Council. Author of <i>American Football</i>; <i>Football Facts + and Figures</i>; &c.</td> + <td class="tc4 cl">Football: <i>American</i> (<i>in part</i>).</td></tr> + +<tr> <td class="tc1">W. Ga.</td> + <td class="tc2"><span class="sc">Walter Garstang, M.A., D.Sc.</span><br /> + Professor of Zoology at the University of Leeds. Scientific Adviser to H.M. + Delegates on the International Council for the Exploration of the Sea, 1901-1907. + Formerly Fellow of Lincoln College, Oxford. Author of <i>The Races and Migrations + of the Mackerel</i>; <i>The Impoverishment of the Sea</i>; &c.</td> + <td class="tc4 cl">Fisheries.</td></tr> + +<tr> <td class="tc1">W. He.</td> + <td class="tc2"><span class="sc">Walter Hepworth.</span><br /> + Formerly Commissioner of the Council of Education, Science and Art Department, + South Kensington.</td> + <td class="tc4 cl">Fool.</td></tr> + +<tr> <td class="tc1">W. M. R.</td> + <td class="tc2"><span class="sc">William Michael Rossetti.</span><br /> + See the biographical article: <span class="sc">Rossetti, Dante G.</span></td> + <td class="tc4 cl">Ferrari, Gaudenzio;<br /> +Fielding, Copley;<br /> +Franceschi, Piero; Francia.</td></tr> + + +<tr> <td class="tc1">W. P. P.</td> + <td class="tc2"><span class="sc">William Plane Pycraft, F.Z.S.</span><br /> + Assistant in the Zoological Department, British Museum. Formerly Assistant + Linacre Professor of Comparative Anatomy, Oxford. Vice-President of the + Selborne Society. Author of <i>A History of Birds</i>; &c.</td> + <td class="tc4 cl">Feather (<i>in part</i>).</td></tr> + +<tr> <td class="tc1">W. N. S.</td> + <td class="tc2"><span class="sc">William Napier Shaw, M.A., LL.D., D.Sc, F.R.S.</span><br /> + Director of the Meteorological Office. Reader in Meteorology in the University of + London. President of Permanent International Meteorological Committee. + Member of Meteorological Council, 1897-1905. Hon. Fellow of Emmanuel College, + Cambridge. Fellow of Emmanuel College, 1877-1899; Senior Tutor, 1890-1899. + Joint Author of <i>Text Book of Practical Physics</i>; &c.</td> + <td class="tc4 cl">Fog.</td></tr> + +<tr> <td class="tc1">W. P. R.</td> + <td class="tc2"><span class="sc">Hon. William Pember Reeves.</span><br /> + Director of London School of Economics. Agent-General and High Commissioner + for New Zealand, 1896-1909. Minister of Education, Labour and Justice, New + Zealand, 1891-1896. Author of <i>The Long White Cloud, a History of New Zealand</i>; + &c.</td> + <td class="tc4 cl">Fox, Sir William.</td></tr> + +<tr> <td class="tc1">W. R. S.</td> + <td class="tc2"><span class="sc">William Robertson Smith, LL.D.</span><br /> + See the biographical article: <span class="sc">Smith, W. R.</span></td> + <td class="tc4 cl">Eve (<i>in part</i>).</td></tr> + +<tr> <td class="tc1">W. R. E. H.</td> + <td class="tc2"><span class="sc">William Richard Eaton Hodgkinson, Ph.D., F.R.S.</span><br /> + Professor of Chemistry and Physics, Ordnance College, Woolwich. Formerly + Professor of Chemistry and Physics, R.M.A., Woolwich. Part Author of Valentin-Hodgkinson’s + <i>Practical Chemistry</i>; &c.</td> + <td class="tc4 cl">Explosives.</td></tr> + +<tr> <td class="tc1">W. Sch.</td> + <td class="tc2"><span class="sc">Sir Wilhelm Schlich, K.C.I.E., M.A., Ph.D., F.R.S., F.L.S.</span><br /> + Professor of Forestry at the University of Oxford. Hon. Fellow of St John’s College. + Author of <i>A Manual of Forestry</i>; <i>Forestry in the United Kingdom</i>; <i>The Outlook of + the World’s Timber Supply</i>; &c.</td> + <td class="tc4 cl">Forests and Forestry.</td></tr> + +<tr> <td class="tc1">W. W. F.*</td> + <td class="tc2"><span class="sc">William Warde Fowler, M.A.</span><br /> + Fellow of Lincoln College, Oxford. Sub-rector, 1881-1904. Gifford Lecturer, + Edinburgh University, 1908. Author of <i>The City-State of the Greeks and Romans</i>; + <i>The Roman Festivals of the Republican Period</i>; &c.</td> + <td class="tc4 cl">Fortuna.</td></tr> + +<tr> <td class="tc1">W. W. R.*</td> + <td class="tc2"><span class="sc">William Walker Rockwell, Lic. Theol.</span><br /> + Assistant Professor of Church History, Union Theological Seminary, New York. + Author of <i>Die Doppelehe des Landgrafen Philipp von Hessen</i>.</td> + <td class="tc4 cl">Ferrara-Florence, Council of.</td></tr> +</table> + +<div class="note"> + +<p><a name="Footnote_1" id="Footnote_1" href="#FnAnchor_1"><span class="fn">1</span></a> A complete list, showing all individual contributors, appears in + the final volume.</p> +</div> + +<div class="pt2"> </div> +<hr class="full" /> +<div class="pt2"> </div> + +<p class="center" style="font-size: 130%">PRINCIPAL UNSIGNED ARTICLES</p> + +<table class="nobctr" width="90%" summary="Contents"> + +<tr><td class="tc51 bold" style="width: 33%;"> +<p>Evil Eye.</p> +<p>Excise.</p> +<p>Execution.</p> +<p>Executors and Administrators.</p> +<p>Exeter.</p> +<p>Exile.</p> +<p>Eylau.</p> +<p>Famine.</p> +<p>Fault.</p> +<p>Federal Government.</p> +<p>Federalist Party.</p> +<p>Fehmic Courts.</p></td> + +<td class="tc51 bold" style="width: 33%;"> +<p>Felony.</p> +<p>Fez.</p> +<p>Fezzan.</p> +<p>Fictions.</p> +<p>Fife.</p> +<p>Fig.</p> +<p>Filigree.</p> +<p>Fir.</p> +<p>Fives.</p> +<p>Fleurus.</p> +<p>Florida.</p></td> + +<td class="tc51 bold"> +<p>Foix.</p> +<p>Fold.</p> +<p>Fontenelle.</p> +<p>Fontenoy.</p> +<p>Foot and Mouth Disease.</p> +<p>Forest Laws.</p> +<p>Forfarshire.</p> +<p>Forgery.</p> +<p>Formosa.</p> +<p>Foundling Hospitals.</p> +<p>Fountain.</p></td></tr> +</table> + +<div class="pt2"> </div> +<hr class="full" /> + +<div style="padding-top: 3em; "> </div> + + + +<hr class="art" /> +<p><span class="pagenum"><a name="page1" id="page1"></a>1</span></p> +<p><span class="bold">EVANGELICAL CHURCH CONFERENCE,<a name="ar1" id="ar1"></a></span> 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 <i>Kirchentag</i> (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 <i>Kirchentag</i>, as such, has been convened since 1871, +its place has been taken by the <i>Kongress für innere Mission</i>, +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.</p> + + +<hr class="art" /> +<p><span class="bold">EVANGELICAL UNION,<a name="ar2" id="ar2"></a></span> 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.</p> + +<div class="condensed"> +<p>See <i>The Evangelical Union Annual; History of the Evangelical +Union</i>, by F. Ferguson (Glasgow, 1876); <i>The Worthies of the E. U.</i> +(1883); W. Adamson, <i>Life of Dr James Morison</i> (1898).</p> +</div> + + +<hr class="art" /> +<p><span class="bold">EVANS, CHRISTMAS<a name="ar3" id="ar3"></a></span> (1766-1838), Welsh Nonconformist +divine, was born near the village of Llandyssul, Cardiganshire, +on the 25th of December 1766. His father, a shoemaker, died +early, and the boy grew up as an illiterate farm labourer. At +the age of seventeen, becoming servant to a Presbyterian +minister, David Davies, he was affected by a religious revival and +learned to read and write in English and Welsh. The itinerant +Calvinistic Methodist preachers and the members of the Baptist +church at Llandyssul further influenced him, and he soon joined +the latter denomination. In 1789 he went into North Wales +as a preacher and settled for two years in the desolate peninsula +of Lleyn, Carnarvonshire, whence he removed to Llangefni in +Anglesey. Here, on a stipend of £17 a year, supplemented by a +little tract-selling, he built up a strong Baptist community, +modelling his organization to some extent on that of the Calvinistic +Methodists. Many new chapels were built, the money being +collected on preaching tours which Evans undertook in South +Wales.</p> + +<p>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 +<span class="pagenum"><a name="page2" id="page2"></a>2</span> +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.”</p> + +<div class="condensed"> +<p>His works were edited by Owen Davies in 3 vols. (Carnarvon, +1895-1897). See the <i>Lives</i> by D.R. Stephens (1847) and Paxton +Hood (1883).</p> +</div> + + +<hr class="art" /> +<p><span class="bold">EVANS, EVAN HERBER<a name="ar4" id="ar4"></a></span> (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 <i>Y Dysgedydd</i>, he achieved a position of +great influence in his country.</p> + +<div class="condensed"> +<p>See <i>Life</i> by H. Elvet Lewis.</p> +</div> + + +<hr class="art" /> +<p><span class="bold">EVANS, SIR GEORGE DE LACY<a name="ar5" id="ar5"></a></span> (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.</p> + + +<hr class="art" /> +<p><span class="bold">EVANS, SIR JOHN<a name="ar6" id="ar6"></a></span> (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: <i>The +Coins of the Ancient Britons</i> (1864); <i>The Ancient Stone Implements, +Weapons and Ornaments of Great Britain</i> (1872, 2nd ed. +1897); and <i>The Ancient Bronze Implements, Weapons and +Ornaments of Great Britain and Ireland</i> (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 <i>Archaeologia</i>, 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 <i>ex officio</i> 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.</p> + +<p>His eldest son, <span class="sc">Arthur John Evans</span>, born in 1851, was +educated at Brasenose College, Oxford, and Göttingen. 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 <span class="sc"><a href="#artlinks">Aegean Civilization and +Crete</a></span>). 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: <i>Cretan Pictographs and Prae-Phoenician Script</i> +(1896); <i>Further Discoveries of Cretan and Aegean Script</i> (1898); +<i>The Mycenaean Tree and Pillar Cult</i> (1901); <i>Scripta Minoa</i> +(1909 foll.); and reports on the excavations. He also edited +with additions Freeman’s <i>History of Sicily</i>, vol. iv.</p> + + +<hr class="art" /> +<p><span class="bold">EVANS, OLIVER<a name="ar7" id="ar7"></a></span> (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 +<span class="pagenum"><a name="page3" id="page3"></a>3</span> +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.</p> + + +<hr class="art" /> +<p><span class="bold">EVANSON, EDWARD<a name="ar8" id="ar8"></a></span> (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 <i>Doctrines of a Trinity and the +Incarnation of God, examined upon the Principles of Reason and +Common Sense</i>. This was followed in 1777 by <i>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</i>. 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 <i>The Dissonance of the four generally received Evangelists</i>, +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 +<i>Reflections upon the State of Religion in Christendom</i>, 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 <i>Second Thoughts on the Trinity</i>, in reply to a work of the +bishop of Gloucester.</p> + +<div class="condensed"> +<p>His sermons (prefaced by a Life by G. Rogers) were published in +two volumes in 1807, and were the occasion of T. Falconer’s <i>Bampton +Lectures</i> 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.</p> +</div> + + +<hr class="art" /> +<p><span class="bold">EVANSTON<a name="ar9" id="ar9"></a></span>, 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.</p> + + +<hr class="art" /> +<p><span class="bold">EVANSVILLE,<a name="ar10" id="ar10"></a></span> 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 +<span class="pagenum"><a name="page4" id="page4"></a>4</span> +& Erie Canal, in 1853, from Evansville to Toledo, Ohio, a distance +of 400 m., greatly accelerated the city’s growth.</p> + + +<hr class="art" /> +<p><span class="bold">EVARISTUS,<a name="ar11" id="ar11"></a></span> fourth pope (<i>c.</i> 98-105), was the immediate +successor of Clement.</p> + + +<hr class="art" /> +<p><span class="bold">EVARTS, WILLIAM MAXWELL<a name="ar12" id="ar12"></a></span> (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.</p> + + +<hr class="art" /> +<p><span class="bold">EVE,<a name="ar13" id="ar13"></a></span> the English transcription, through Lat. <i>Eva</i> and Gr. <span class="grk" title="Eua">Εὔα</span>, +of the Hebrew name <span title="Hava">חוה</span> Ḥavvah, 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, <i>Kinship</i>, 2nd ed., p. 208), as if Eve were the personification +of mother-kinship, just as Adam (“man”) is the +personification of mankind.</p> + +<p>[The abstract meaning “life” (LXX. <span class="grk" title="Zôê">Ζωή</span>), once favoured by +Robertson Smith, is at any rate unsuitable in a popular story. +Wellhausen and Nöldeke would compare the Ar. <i>ḥayyatun</i>, +“serpent,” and the former remarks that, if this is right, the +Israelites received their first ancestress from the Ḥivvites +(Hivites), who were originally the serpent-tribe (<i>Composition des +Hexateuchs</i>, p. 343; cf. <i>Reste arabischen Heidentums</i>, 2nd ed., +p. 154). Cheyne, too, assumes a common origin for Ḥavvah and +the Ḥivvites.]</p> + +<p>[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 +<span class="sidenote">Creation of Eve.</span> +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 <i>beena</i>, +marriage (W.R. Smith, <i>Kinship</i>, 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.<a name="fa1a" id="fa1a" href="#ft1a"><span class="sp">1</span></a> 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.]</p> + +<p>[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 +<span class="sidenote">New Testament application.</span> +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. +<span class="sc"><a href="#artlinks">Adam</a></span>, and <i>Ency. Biblica</i>, “Adam and Eve.”]</p> + +<p>[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 +<span class="sidenote">Imaginative or legendary developments.</span> +to the century immediately preceding the Christian era; +see <span class="sc"><a href="#artlinks">Apocalyptic Literature</a></span>). 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.<a name="fa2a" id="fa2a" href="#ft2a"><span class="sp">2</span></a> 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 (<i>Berachot</i>, 61; +<i>Erubin</i>, 18), may be traced back to Philo (<i>De mundi opif.</i> §53; +cf. <i>Quaest. in Gen.</i> lib. i. §25), who borrows the idea, and almost +the words, of the myth related by Aristophanes in the Platonic +<i>Symposium</i> (189 D, 190 A), which, in extravagant form, explains +the passion of love by the legend that male and female originally +formed one body.</p> + +<p>[A recent critic<a name="fa3a" id="fa3a" href="#ft3a"><span class="sp">3</span></a> (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<a name="fa4a" id="fa4a" href="#ft4a"><span class="sp">4</span></a> (the Parsí +Genesis), and an Indian legend, which, according to Spiegel, +has presumably an Iranian source.<a name="fa5a" id="fa5a" href="#ft5a"><span class="sp">5</span></a></p> + +<p>[It has been remarked elsewhere (<span class="sc"><a href="#artlinks">Adam</a></span>, §16) 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, +<span class="sidenote">Course of Jewish and Christian interpretation.</span> +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.]</p> + +<p>Josephus, in the prologue to his <i>Archaeology</i>, 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. +<span class="pagenum"><a name="page5" id="page5"></a>5</span> +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. <i>Stromata</i>, 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 +<i>intelligibilia</i>; though a spiritual sense was admitted along with +the literal (Aug. <i>Civ. Dei</i>, xiii. 21).<a name="fa6a" id="fa6a" href="#ft6a"><span class="sp">6</span></a></p> + +<p>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 (<i>De Gen. ad lit.</i> 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 (<i>ibid.</i> lib. xi. <i>sub fin.</i>). 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 <i>Summa</i> of Thomas, pars i. qu. xcii. +<i>De productione mulieris</i>.</p> + +<p>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 <i>mythical</i> +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 (<i>Muthmasslicher Anfang der Menschengeschichte</i>, 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.</p> +<div class="author">(W. R. S.; [T. K. C.])</div> + +<hr class="foot" /> <div class="note"> + +<p><a name="ft1a" id="ft1a" href="#fa1a"><span class="fn">1</span></a> That polygamy had not become morally objectionable is shown +by the stories of Lamech, Abraham and Jacob.</p> + +<p><a name="ft2a" id="ft2a" href="#fa2a"><span class="fn">2</span></a> See West’s authoritative translation in <i>Pahlavi Texts</i> (Sacred +Books of the East).</p> + +<p><a name="ft3a" id="ft3a" href="#fa3a"><span class="fn">3</span></a> “Die bibl. Schöpfungsberichte” (<i>Archiv für Religionswissenschaft</i>, +ix. 171 ff.).</p> + +<p><a name="ft4a" id="ft4a" href="#fa4a"><span class="fn">4</span></a> Spiegel, <i>Erânische Alterthumskunde</i>, i. 511.</p> + +<p><a name="ft5a" id="ft5a" href="#fa5a"><span class="fn">5</span></a> Muir, <i>Sanscrit Texts</i>, vol. i. p. 25; cf. Spiegel, vol. i. p. 458.</p> + +<p><a name="ft6a" id="ft6a" href="#fa6a"><span class="fn">6</span></a> 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, <i>Summa</i>, par. i. qu. xcii.).</p> +</div> + + +<hr class="art" /> +<p><span class="bold">EVECTION<a name="ar14" id="ar14"></a></span> (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° 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.</p> + + +<hr class="art" /> +<p><span class="bold">EVELETH,<a name="ar15" id="ar15"></a></span> 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.</p> + + +<hr class="art" /> +<p><span class="bold">EVELYN, JOHN<a name="ar16" id="ar16"></a></span> (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 <span class="correction" title="amended from be">he</span> 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:—</p> + +<div class="condensed"> +<p>“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.”</p> +</div> + +<p>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 <i>Diary</i> 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 +<span class="pagenum"><a name="page6" id="page6"></a>6</span> +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 £3500, and +after the Restoration his possession was secured. Here his wife +joined him, their eldest son, Richard, being born in August 1652. +Under the Commonwealth Evelyn amused himself with his +favourite occupation of gardening, and made many friends among +the scientific inquirers of the time. He was one of the promoters +of the scheme for the Royal Society, and in the king’s charter in +1662 was nominated a member of its directing council. Meanwhile +he had refused employment from the government of the +Commonwealth, and had maintained a cipher correspondence +with Charles. In 1659 he published an <i>Apology for the Royal +Party</i>, 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.</p> + +<p>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 <i>Diary</i> 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 <i>Diary</i> 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.</p> + +<p>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 <i>Mundus muliebris</i> (1690). +Of his two other daughters, Susannah, who married William +Draper of Addiscombe, Surrey, survived him.</p> + +<div class="condensed"> +<p>Evelyn’s <i>Diary</i> 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 <i>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</i>. 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 <i>Diary</i> they are of considerable interest. They include: +<i>Of Liberty and Servitude</i> ... (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”; <i>The State of France, as it stood in the IXth year of +... Louis XIII.</i> (1652); <i>An Essay on the First Book of T. Lucretius +Carus de Rerum Natura</i>. <i>Interpreted and made English verse by +J. Evelyn</i> (1656); <i>The Golden Book of St John Chrysostom, concerning +the Education of Children</i>. <i>Translated out of the Greek by J.E.</i> +(printed 1658, dated 1659); <i>The French Gardener: instructing how +to cultivate all sorts of Fruit-trees</i> ... (1658), translated from the +French of N. de Bonnefons; <i>A Character of England</i> ... (1659), +describing the customs of the country as they would appear to a +foreign observer, reprinted in <i>Somers’ Tracts</i> (ed. Scott, 1812), and +in the <i>Harleian Miscellany</i> (ed. Park, 1813); <i>The Late News from +Brussels unmasked</i> ... (1660), in answer to a libellous pamphlet +on Charles I. by Marchmont Needham; <i>Fumifugium, or the inconvenience +of the Aer and Smoak of London dissipated</i> (1661), in which +he suggested that sweet-smelling trees should be planted in London +to purify the air; <i>Instructions concerning erecting of a Library</i> ... +(1661), from the French of Gabriel Naudé; <i>Tyrannus or the Mode, +in a Discourse of Sumptuary Laws</i> (1661); <i>Sculptura: or the History +and Art of Chalcography and Engraving in Copper</i> ... (1662); +<i>Sylva, or a Discourse of Forest Trees ... to which is annexed +Pomona ... Also Kalendarium Hortense</i> ... (1664); <i>A Parallel +of the Ancient Architecture with the Modern</i> ... (1664), from +the French of Roland Fréart; <i>The History of the three late famous +Imposters, viz. Padre Ottomano, Mahomed Bei, and Sabatei Sevi</i> ... +(1669); <i>Navigation and Commerce ... in which his Majesties +title to the Dominion of the Sea is asserted against the Novel and +later Pretenders</i> (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; <i>A Philosophical Discourse +of Earth</i> ... (1676), a treatise on horticulture, better known +by its later title of <i>Terra</i>; <i>The Compleat Gardener</i> ... (1693), from +the French of J. de la Quintinie; <i>Numismata</i> ... (1697). Some +of these were reprinted in <i>The Miscellaneous Writings of John Evelyn</i>, +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 <i>Life of +Mrs Godolphin</i> (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 +(<i>Add. MSS.</i> 15857 and 15858).</p> + +<p>Next to the <i>Diary</i> Evelyn’s most valuable work is <i>Sylva</i>. 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.</p> +</div> + +<p><span class="pagenum"><a name="page7" id="page7"></a>7</span></p> + + +<hr class="art" /> +<p><span class="bold">EVERDINGEN, ALLART VAN<a name="ar17" id="ar17"></a></span> (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.</p> + +<p>His two brothers, Jan and Caesar, were both painters. <span class="sc">Caesar +van Everdingen</span> (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.</p> + + +<hr class="art" /> +<p><span class="bold">EVEREST, SIR GEORGE<a name="ar18" id="ar18"></a></span> (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, 11½° in length, is accounted as unrivalled +in the annals of the science. In great part the Indian survey is +what he made it.</p> + +<div class="condensed"> +<p>His works are purely professional:—A paper in vol. i. of the +<i>Memoirs of the Royal Astronomical Society</i>, 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; <i>An +account of the measurement of the arc of the meridian between the +parallels of 18° 3′ and 24° 7′, being a continuation of the Grand +Meridional Arc of India, as detailed by Lieut.-Col. Lambton in the +volumes of the Asiatic Society of Calcutta</i> (London, 1830); <i>An +account of the measurement of two sections of the Meridional Arc of +India bounded by the parallels of 18° 3′ 15″, 24° 7′ 11″, and 20° 30′ +48″</i> (London, 1847).</p> +</div> + + +<hr class="art" /> +<p><span class="bold">EVEREST, MOUNT,<a name="ar19" id="ar19"></a></span> 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 (<i>q.v.</i>), who completed the trigonometrical +survey of the Himalayas in 1841 and first fixed its position and +altitude.</p> +<div class="author">(T. H. H.*)</div> + +<hr class="art" /> +<p><span class="bold">EVERETT, ALEXANDER HILL<a name="ar20" id="ar20"></a></span> (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 <i>chargé d’affaires</i> there +<span class="pagenum"><a name="page8" id="page8"></a>8</span> +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 <i>North American Review</i>, of which he was the editor from +1829 to 1835, he wrote: <i>Europe, or a General Survey of the +Political Situation of the Principal Powers, with Conjectures on +their Future Prospects</i> (1822), which attracted considerable +attention in Europe and was translated into German, French +and Spanish; <i>New Ideas on Population</i> (1822); <i>America, or a +General Survey of the Political Situation of the Several Powers +of the Western Continent, with Conjectures on their Future Prospects</i> +(1827), which was translated into several European languages; +a volume of <i>Poems</i> (1845); and <i>Critical and Miscellaneous +Essays</i> (first series, 1845; second series, 1847).</p> + + +<hr class="art" /> +<p><span class="bold">EVERETT, CHARLES CARROLL<a name="ar21" id="ar21"></a></span> (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 <i>The +Science of Thought</i> (Boston, 1869; revised 1891). He also wrote +<i>Fichte’s Science of Knowledge</i> (1884); <i>Poetry, Comedy and Duty</i> +(1888); <i>Religions before Christianity</i> (1883); <i>Ethics for Young +People</i> (1891); <i>The Gospel of Paul</i> (1892). He died at Cambridge +on the 16th of October 1900.</p> + + +<hr class="art" /> +<p><span class="bold">EVERETT, EDWARD<a name="ar22" id="ar22"></a></span> (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 (<i>q.v.</i>). 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 <i>The Lyceum</i>, 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 <i>Defence of Christianity</i>, +written in answer to a work, <i>The Grounds of Christianity Examined</i> +(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.</p> + +<p>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 <i>North American Review</i>, 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).</p> + +<p>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, <i>e.g.</i> 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.</p> + +<p>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, Legaré, Upshur, Calhoun and Buchanan. From +all these gentlemen Everett received marks of approbation and +confidence.</p> + +<p>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.</p> + +<p>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.</p> + +<p>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 +<span class="pagenum"><a name="page9" id="page9"></a>9</span> +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 <i>Encyclopaedia Britannica</i> 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 (<i>q.v.</i>), 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.</p> + +<p>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.</p> +<div class="author">(E. E. H.)</div> + + +<hr class="art" /> +<p><span class="bold">EVERETT,<a name="ar23" id="ar23"></a></span> 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.</p> + + +<hr class="art" /> +<p><span class="bold">EVERETT,<a name="ar24" id="ar24"></a></span> 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.</p> + + +<hr class="art" /> +<p><span class="bold">EVERGLADES,<a name="ar25" id="ar25"></a></span> 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.</p> + +<p>Systematic exploration has been prevented by the dense +growth of saw grass (<i>Cladium effusum</i>), 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 <i>ex officio</i> 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.</p> + +<div class="condensed"> +<p>See Hugh L. Willoughby’s <i>Across the Everglades</i> (Philadelphia, +1898), and especially an article “The Everglades of Florida” by +Edwin A. Dix and John M. MacGonigle, in the <i>Century Magazine</i> +for February 1905.</p> +</div> + + +<hr class="art" /> +<p><span class="bold">EVERGREEN,<a name="ar26" id="ar26"></a></span> 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 <span class="sc"><a href="#artlinks">Horticulture</a></span>). In +<span class="pagenum"><a name="page10" id="page10"></a>10</span> +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.</p> + + +<hr class="art" /> +<p><span class="bold">EVERLASTING,<a name="ar27" id="ar27"></a></span> or <span class="sc">Immortelle</span>, a plant belonging to the +division <i>Tubuliflorae</i> of the natural order Compositae, known +botanically as <i>Helichrysum orientale</i>. 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 <i>Helichrysum +orientale</i> 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 5½ to 6½ 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.</p> + +<p>Other species of <i>Helichrysum</i> and species of allied genera with +scarious heads of flowers are also known as “everlastings.” One +of the best known is the Australian species <i>H. bracteatum</i>, with +several varieties, including double forms, of different colours; +<i>H. vestitum</i> (Cape of Good Hope) has white satiny heads. Others +are species of <i>Helipterum</i> (West Australia and South Africa), +<i>Ammobium</i> and <i>Waitzia</i> (Australia) and <i>Xeranthemum</i> (south +Europe). Several members of the natural order Amarantaceae +have also “everlasting” flowers; such are <i>Gomphrena globosa</i>, +with rounded or oval heads of white, orange, rose or violet, +scarious bracts, and <i>Celosia pyramidalis</i>, with its elegant, loose, +pyramidal inflorescences. Frequently these everlastings are +mixed with bleached grasses, as <i>Lagurus ovatus</i>, <i>Briza maxima</i>, +<i>Bromus brizaeformis</i>, or with the leaves of the Cape silver tree +(<i>Leucadendron argenteum</i>), to form bouquets or ornamental +groups.</p> + + +<hr class="art" /> +<p><span class="bold">EVERSLEY, CHARLES SHAW LEFEVRE,<a name="ar28" id="ar28"></a></span> <span class="sc">Viscount</span> (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.</p> + +<p>His younger brother, <span class="sc">Sir John George Shaw Lefevre</span> (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.</p> + +<p>The latter’s son, <span class="sc">George John Shaw Lefevre</span> (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.</p> + + +<hr class="art" /> +<p><span class="bold">EVESHAM,<a name="ar29" id="ar29"></a></span> 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 +<span class="pagenum"><a name="page11" id="page11"></a>11</span> +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.</p> + +<p>Evesham (<i>Homme</i>, <i>Ethomme</i>) 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.</p> + +<p>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.</p> + + +<hr class="art" /> +<p><span class="bold">EVIDENCE<a name="ar30" id="ar30"></a></span> (Lat. <i>evidentia</i>, <i>evideri</i>, 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 <span class="sc"><a href="#artlinks">Logic</a></span> 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.</p> + +<p>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 +<span class="sidenote">History.</span> +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 <i>Beweisurteil</i>, 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.</p> + +<p>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 <i>inquisitio</i>, inquest, +or <i>enquête</i>. 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 <i>enquête</i>, have taken the path which, in the forcible language +of Fortescue (<i>De laudibus</i>, &c. ) “leads to hell” (<i>semita +ipsa est ad gehennam</i>). 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.</p> + +<p>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 +<span class="pagenum"><a name="page12" id="page12"></a>12</span> +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 +(<i>plena probatio</i>) 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 très +singulier dans les preuves par témoins. On admet ailleurs des +demi-preuves, ... mais à Toulouse on admet des quarts et des +huitièmes 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 <i>philosophes</i>. 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.</p> + +<p>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 <i>Law of Evidence</i> +was not published until 1761. In writing it he is said to have +been much influenced by Locke.<a name="fa1b" id="fa1b" href="#ft1b"><span class="sp">1</span></a> 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 <i>Rationale of Judicial Evidence, specially applied to English +Practice</i>, 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 <i>Traité des preuves judiciaires</i>, which was published in +1823. The manuscript of the <i>Rationale</i> 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.</p> + +<p>Before Bentham’s work appeared, an act of 1814 had removed +the incompetency of ratepayers as witnesses in certain cases +relating to parishes. The Civil Procedure Act 1833 enacted +that a witness should not be objected to as incompetent, solely +on the ground that the verdict or judgment would be admissible +in evidence for or against him. An act of 1840 removed some +doubts as to the competency of ratepayers to give evidence +in matters relating to their parish. The Evidence Act 1843 +enacted broadly that witnesses should not be excluded from +giving evidence by reason of incapacity from crime or interest. +The Evidence Act 1851 made parties to legal proceedings admissible +witnesses subject to a proviso that “nothing herein +contained shall render any person who in any criminal proceeding +is charged with the commission of any indictable offence, or +any offence punishable on summary conviction, competent or +compellable to give evidence for or against himself or herself, or +shall render any person compellable to answer any question +tending to criminate himself or herself, or shall in any criminal +proceeding render any husband competent or compellable to give +evidence for or against his wife, or any wife competent or compellable +to give evidence for or against her husband.” The +Evidence (Scotland) Act 1853 made a similar provision for Scotland. +The Evidence Amendment Act 1853 made the husbands +and wives of parties admissible witnesses, except that husbands +and wives could not give evidence for or against each other in +criminal proceedings or in proceedings for adultery, and could +not be compelled to disclose communications made to each other +during marriage. Under the Matrimonial Causes Act 1857 the +petitioner can be examined and cross-examined on oath at the +hearing, but is not bound to answer any question tending to +show that he or she has been guilty of adultery. Under the +Matrimonial Causes Act 1859, on a wife’s petition for dissolution +of marriage on the ground of adultery coupled with cruelty or +desertion, husband and wife are competent and compellable to +give evidence as to the cruelty or desertion. The Crown Suits +&c. Act 1865 declared that revenue proceedings were not to +be treated as criminal proceedings for the purposes of the acts +of 1851 and 1853. The Evidence Further Amendment Act 1869 +declared that parties to actions for breach of promise of marriage +<span class="pagenum"><a name="page13" id="page13"></a>13</span> +were competent to give evidence in the action, subject to a +proviso that the plaintiff should not recover unless his or her +testimony was corroborated by some other material evidence. +It also made the parties to proceedings instituted in consequence +of adultery, and their husbands and wives, competent to give +evidence, but a witness in any such proceeding, whether a party +or not, is not to be liable to be asked or bound to answer any +question tending to show that he or she has been guilty of +adultery, unless the witness has already given evidence in the +same proceeding in disproof of the alleged adultery. There are +similar provisions applying to Scotland in the Conjugal Rights +(Scotland) Amendment Act 1861, and the Evidence Further +Amendment (Scotland) Act 1874. The Evidence Act 1877 +enacts that “on the trial of any indictment or other proceeding +for the non-repair of any public highway or bridge, or for a +nuisance to any public highway, river, or bridge, and of any +other indictment or proceeding instituted for the purpose of +trying or enforcing a civil right only, every defendant to such +indictment or proceeding, and the wife or husband of any such +defendant shall be admissible witnesses and compellable to give +evidence.” From 1872 onwards numerous enactments were +passed making persons charged with particular offences, and +their husbands and wives, competent witnesses. The language +and effect of these enactments were not always the same, but +the insertion of some provision to this effect in an act creating +a new offence, especially if it was punishable by summary +proceedings, gradually became almost a common form in legislation. +In the year 1874 a bill to generalize these particular +provisions, and to make the evidence of persons charged with +criminal offences admissible in all cases was introduced by Mr +Gladstone’s government, and was passed by the standing committee +of the House of Commons. During the next fourteen +years bills for the same purpose were repeatedly introduced, +either by the government of the day, or by Lord Bramwell as +an independent member of the House of Lords. Finally the +Criminal Evidence Act 1898, introduced by Lord Halsbury, has +enacted in general terms that “every person charged with an +offence, and the wife or husband, as the case may be, of the +person so charged, shall be a competent witness for the defence +at every stage of the proceedings, whether the person so charged +is charged solely or jointly with any other person.” But this +general enactment is qualified by some special restrictions, the +nature of which will be noticed below. The act applies to +Scotland but not to Ireland. It was not to apply to proceedings +in courts-martial unless so applied by general orders or rules +made under statutory authority. The provisions of the act have +been applied by rules to military courts-martial, but have not +yet been applied to naval courts-martial. The removal of disqualifications +for want of religious belief is referred to below +under the head of “Witnesses.”</p> + +<div class="condensed"> +<p>The act of 1898 finishes for the present the history of English +legislation on evidence. For a view of the legal literature on the +subject it is necessary to take a step backwards. Early +in the 19th century Chief Baron Gilbert was superseded +<span class="sidenote">Literature.</span> +as an authority on the English law of evidence by the books of +Phillips (1814) and Starkie (1824), who were followed by Roscoe +(<i>Nisi Prius</i>, 1827; Criminal Cases, 1835), Greenleaf (American, +1842), Taylor (based on Greenleaf, 1848), and Best (1849). In +1876 Sir James FitzJames Stephen brought out his <i>Digest of the +Law of Evidence</i>, based upon the Indian Evidence Act 1872, which +he had prepared and passed as law member of the council of the +governor-general of India. This Digest obtained a rapid and +well-deserved success, and has materially influenced the form of +subsequent writings on the English law of evidence. It sifted +out what Stephen conceived to be the main rules of evidence +from the mass of extraneous matter in which they had been embedded. +Roscoe’s Digests told the lawyer what things must be +proved in order to sustain particular actions or criminal charges, +and related as much to pleadings and to substantive law as to +evidence proper. Taylor’s two large volumes were a vast storehouse +of useful information, but his book was one to consult, not to master. +Stephen eliminated much of this extraneous matter, and summed up +his rules in a series of succinct propositions, supplemented by apt +illustrations, and couched in such a form that they could be easily +read and remembered. Hence the English Digest, like the Indian +Act, has been of much educational value. Its most original feature, +but unfortunately also its weakest point, is its theory of relevancy. +Pondering the multitude of “exclusionary” rules which had been +laid down by the English courts, Stephen thought that he had +discovered the general principle on which those rules reposed, and +could devise a formula by which the principle could be expressed. +“My study of the subject,” he says, “both practically and in books +has convinced me that the doctrine that all facts in issue and relevant +to the issue, and no others, may be proved, is the unexpressed +principle which forms the centre of and gives unity to all the express +negative rules which form the great mass of the law.” The result was +the chapter on the relevancy of facts in the Indian Evidence Act, +and the definition of relevancy in s. 7 of that act. This definition +was based on the view that a distinction could be drawn between +things which were and things which were not causally connected +with each other, and that relevancy depended on causal connexion. +Subsequent criticism convinced Stephen that his definition was in +some respects too narrow and in others too wide, and eventually +he adopted a definition out of which all reference to causality was +dropped. But even in their amended form the provisions about +relevancy are open to serious criticism. The doctrine of relevancy, +<i>i.e.</i> of the probative effect of facts, is a branch of logic, not of law, +and is out of place both in an enactment of the legislature and in a +compendium of legal rules. The necessity under which Stephen +found himself of extending the range of relevant facts by making it +include facts “deemed to be relevant,” and then narrowing it by +enabling the judge to exclude evidence of facts which are relevant, +illustrates the difference between the rules of logic and the rules of +law. Relevancy is one thing; admissibility is another; and the +confusion between them, which is much older than Stephen, is to +be regretted. Rightly or wrongly English judges have, on practical +grounds, declared inadmissible evidence of facts, which are relevant +in the ordinary sense of the term, and which are so treated in non-judicial +inquiries. Under these circumstances the attempt so to +define relevancy as to make it conterminous with admissibility is +misleading, and most readers of Stephen’s Act and Digest would +find them more intelligible and more useful if “admissible” were +substituted for “relevant” throughout. Indeed it is hardly too +much to say that Stephen’s doctrine of relevancy is theoretically +unsound and practically useless. The other parts of the work contain +terse and vigorous statements of the law, but a Procrustean attempt +to make legal rules square with a preconceived theory has often +made the language and arrangement artificial, and the work, in +spite of its compression, still contains rules which, under a more +scientific treatment, would find their appropriate place in other +branches of the law. These defects are characteristic of a strong +and able man, who saw clearly, and expressed forcibly what he did +see, but was apt to ignore or to deny the existence of what he did +not see, whose mind was vigorous rather than subtle or accurate, +and who, in spite of his learning, was somewhat deficient in the +historical sense. But notwithstanding these defects, the conspicuous +ability of the author, his learning, and his practical +experience, especially in criminal cases, attach greater weight to +FitzJames Stephen’s statements than to those of any other English +writer on the law of evidence.</p> +</div> + +<p>The object of every trial is, or may be, to determine two +classes of questions or issues, which are usually distinguished +as questions of law, and questions of fact, although +the distinction between them is not so clear as might +<span class="sidenote">Rules.</span> +appear on a superficial view. In a trial by jury these two classes +of questions are answered by different persons. The judge lays +down the law. The jury, under the guidance of the judge, find +the facts. It was with reference to trial by jury that the English +rules of evidence were originally framed; it is by the peculiarities +of this form of trial that many of them are to be explained; it +is to this form of trial alone that some of the most important of +them are exclusively applicable. The negative, exclusive, or +exclusionary rules which form the characteristic features of the +English law of evidence, are the rules in accordance with which +the judge guides the jury. There is no difference of principle +between the method of inquiry in judicial and in non-judicial +proceedings. In either case a person who wishes to find out +whether a particular event did or did not happen, tries, in the +first place, to obtain information from persons who were present +and saw what happened (direct evidence), and, failing this, to +obtain information from persons who can tell him about facts +from which he can draw an inference as to whether the event +did or did not happen (indirect evidence). But in judicial +inquiries the information given must be given on oath, and be +liable to be tested by cross-examination. And there are rules +of law which exclude from the consideration of the jury certain +classes of facts which, in an ordinary inquiry, would, or might, +be taken into consideration. Facts so excluded are said to be +“not admissible as evidence,” or “not evidence,” according +<span class="pagenum"><a name="page14" id="page14"></a>14</span> +as the word is used in the wider or in the narrower sense. And +the easiest way of determining whether a fact is or is not evidence +in the narrower sense, is first to consider whether it has any +bearing on the question to be tried, and, if it has, to consider +whether it falls within any one or more of the rules of exclusion +laid down by English law. These rules of exclusion are peculiar +to English law and to systems derived from English law. They +have been much criticized, and some of them have been repealed +or materially modified by legislation. Most of them may be +traced to directions given by a judge in the course of trying a +particular case, given with special reference to the circumstances +of that case, but expressed in general language, and, partly +through the influence of text-writers, eventually hardened into +general rules. In some cases their origin is only intelligible by +reference to obsolete forms of pleading or practice. But in most +cases they were originally rules of convenience laid down by the +judge for the assistance of the jury. The judge is a man of trained +experience, who has to arrive at a conclusion with the help of +twelve untrained men, and who is naturally anxious to keep them +straight, and give them every assistance in his power. The +exclusion of certain forms of evidence assists the jury by concentrating +their attention on the questions immediately before +them, and by preventing them from being distracted or bewildered +by facts which either have no bearing on the question +before them, or have so remote a bearing on those questions as +to be practically useless as guides to the truth. It also prevents a +jury from being misled by statements the effect of which, through +the prejudice they excite, is out of all proportion to their true +weight. In this respect the rules of exclusion may be compared +to blinkers, which keep a horse’s eyes on the road before him. +In criminal cases the rules of exclusion secure fair play to the +accused, because he comes to the trial prepared to meet a specific +charge, and ought not to be suddenly confronted by statements +which he had no reason to expect would be made against him. +They protect absent persons against statements affecting their +character. And lastly they prevent the infinite waste of time +which would ensue in the discussion of a question of fact if an +inquiry were allowed to branch out into all the subjects with +which that fact is more or less connected. The purely practical +grounds on which the rules are based, according to the view of +a great judge, may be illustrated by some remarks of Mr Justice +Willes (1814-1872). In discussing the question whether evidence +of the plaintiff’s conduct on other occasions ought to be +admitted, he said:—</p> + +<div class="condensed"> +<p>“It is not easy in all cases to draw the line and to define with +accuracy where probability ceases and speculation begins; but +we are bound to lay down the rule to the best of our ability. No +doubt the rule as to confining the evidence to that which is relevant +and pertinent to the issue is one of great importance, not only as +regards the particular case, but also with reference to saving the +time of the court, and preventing the minds of the jury from being +drawn away from the real point they have to decide.... Now it +appears to me that the evidence proposed to be given in this case, +if admitted, would not have shown that it was more probable that +the contract was subject to the condition insisted upon by the +defendant. The question may be put thus, Does the fact of a person +having once or many times in his life done a particular act in a +particular way make it more probable that he has done the same +thing in the same way upon another and different occasion? To +admit such speculative evidence would, I think, be fraught with +great danger.... If such evidence were held admissible it would +be difficult to say that the defendant might not in any case, where +the question was whether or not there had been a sale of goods on +credit, call witnesses to prove that the plaintiff had dealt with other +persons upon a certain credit; or, in an action for an assault, that +the plaintiff might not give evidence of former assaults committed +by the defendant upon other persons, or upon other persons of a +particular class, for the purpose of showing that he was a quarrelsome +individual, and therefore that it was highly probable that the +particular charge of assault was well founded. The extent to which +this sort of thing might be carried is inconceivable.... To obviate +the prejudices, the injustice, and the waste of time to which the +admission of such evidence would lead, and bearing in mind the +extent to which it might be carried, and that litigants are mortal, +it is necessary not only to adhere to the rule, but to lay it down +strictly. I think, therefore, the fact that the plaintiff had entered +into contracts of a particular kind with other persons on other +occasions could not be properly admitted in evidence where no +custom of trade to make such contracts, and no connexion between +such and the one in question, was shown to exist” (<i>Hollingham</i> v. +<i>Head</i>, 1858, 4 C.B. N.S. 388).</p> +</div> + +<p>There is no difference between the principles of evidence in +civil and in criminal cases, although there are a few special rules, +such as those relating to confessions and to dying declarations, +which are only applicable to criminal proceedings. But in civil +proceedings the issues are narrowed by mutual admissions of +the parties, more use is made of evidence taken out of court, such +as affidavits, and, generally, the rules of evidence are less strictly +applied. It is often impolitic to object to the admission of +evidence, even when the objection may be sustained by previous +rulings. The general tendency of modern procedure is to place +a more liberal and less technical construction on rules of evidence, +especially in civil cases. In recent volumes of law reports cases +turning on the admissibility of evidence are conspicuous by their +rarity. Various causes have operated in this direction. One of +them has been the change in the system of pleading, under which +each party now knows before the actual trial the main facts on +which his opponent relies. Another is the interaction of chancery +and common-law practice and traditions since the Judicature +Acts. In the chancery courts the rules of evidence were always +less carefully observed, or, as Westminster would have said, +less understood, than in the courts of common law. A judge +trying questions of fact alone might naturally think that blinkers, +though useful for a jury, are unnecessary for a judge. And the +chancery judge was apt to read his affidavits first, and to determine +their admissibility afterwards. In the meantime they had +affected his mind.</p> + +<p>The tendency of modern text-writers, among whom Professor +J.B. Thayer (1831-1902), of Harvard, was perhaps the most +independent, instructive and suggestive, is to restrict materially +the field occupied by the law of evidence, and to relegate to other +branches of the law topics traditionally treated under the head +of evidence. Thus in every way the law of evidence, though +still embodying some principles of great importance, is of less +comparative importance as a branch of English law than it was +half a century ago. Legal rules, like dogmas, have their growth +and decay. First comes the judge who gives a ruling in a particular +case. Then comes the text-writer who collects the scattered +rulings, throws them into the form of general propositions, +connects them together by some theory, sound or unsound, +and often ignores or obscures their historical origin. After him +comes the legislator who crystallizes the propositions into enactments, +not always to the advantage of mankind. So also with +decay. Legal rules fall into the background, are explained away, +are ignored, are denied, are overruled. Much of the English +law of evidence is in a stage of decay.</p> + +<p>The subject-matter of the law of evidence may be arranged +differently according to the taste or point of view of the writer. +It will be arranged here under the following heads:—I. Preliminary +Matter; II. Classes of Evidence; III. Rules of Exclusion; +IV. Documentary Evidence; V. Witnesses.</p> + +<p class="pt1 center sc">I. Preliminary Matter</p> + +<p>Under this head may be grouped certain principles and considerations +which limit the range of matters to which evidence +relates.</p> + +<p>1. <i>Law and Fact.</i>—Evidence relates only to facts. It is +therefore necessary to touch on the distinction between law +and facts. <i>Ad quaestionem facti non respondent judices; ad +quaestionem juris non respondent juratores.</i> Thus Coke, attributing, +after his wont, to Bracton a maxim which may have been +invented by himself. The maxim became the subject of political +controversy, and the two rival views are represented by Pulteney’s +lines—</p> + +<table class="reg" summary="poem f90"><tr><td> <div class="poemr"> +<p>“For twelve honest men have decided the cause</p> +<p class="i05">Who are judges alike of the facts and the laws,”</p> +</div> </td></tr></table> + +<p class="noind">and by Lord Mansfield’s variant—</p> + +<p class="center f90">“Who are judges of facts, but not judges of laws.”</p> + +<p class="noind">The particular question raised with respect to the law of libel +<span class="pagenum"><a name="page15" id="page15"></a>15</span> +was settled by Fox’s Libel Act 1792. Coke’s maxim describes +in a broad general way the distinction between the functions of +the judge and of the jury, but is only true subject to important +qualifications. Judges in jury cases constantly decide what may +be properly called questions of fact, though their action is +often disguised by the language applied or the procedure employed. +Juries, in giving a general verdict, often practically +take the law into their own hands. The border-line between the +two classes of questions is indicated by the “mixed questions +of law and fact,” to use a common phrase, which arise in such +cases as those relating to “necessaries,” “due diligence,” +“negligence,” “reasonableness,” “reasonable and probable +cause.” In the treatment of these cases the line has been drawn +differently at different times, and two conflicting tendencies +are discernible. On the one hand, there is the natural tendency +to generalize common inferences into legal rules, and to fix legal +standards of duty. On the other hand, there is the sound instinct +that it is a mistake to define and refine too much in these cases, +and that the better course is to leave broadly to the jury, under +the general guidance of the judge, the question what would be +done by the “reasonable” or “prudent” man in particular +cases. The latter tendency predominates in modern English +law, and is reflected by the enactments in the recent acts codifying +the law on bills of exchange and sale of goods, that certain +questions of reasonableness are to be treated as questions of +fact. On the same ground rests the dislike to limit the right of +a jury to give a general verdict in criminal cases. Questions of +custom begin by being questions of fact, but as the custom obtains +general recognition it becomes law. Many of the rules of the +English mercantile law were “found” as customs by Lord +Mansfield’s special juries. Generally, it must be remembered +that the jury act in subordinate co-operation with the judge, +and that the extent to which the judge limits or encroaches on +the province of the jury is apt to depend on the personal idiosyncrasy +of the judge.</p> + +<p>2. <i>Judicial Notice.</i>—It may be doubted whether the subject +of judicial notice belongs properly to the law of evidence, and +whether it does not belong rather to the general topic of legal or +judicial reasoning. Matters which are the subject of judicial +notice are part of the equipment of the judicial mind. It would +be absurd to require evidence of every fact; many facts must +be assumed to be known. The judge, like the juryman, is supposed +to bring with him to the consideration of the question +which he has to try common sense, a general knowledge of +human nature and the ways of the world, and also knowledge of +things that “everybody is supposed to know.” Of such matters +judicial notice is said to be taken. But the range of general +knowledge is indefinite, and the range of judicial notice has, for +reasons of convenience, been fixed or extended, both by rulings +of the judges and by numerous enactments of the legislature. +It would be impossible to enumerate here the matters of which +judicial notice must or may be taken. These are to be found +in the text-books. For present purposes it must suffice to say +that they include not only matters of fact of common and certain +knowledge, but the law and practice of the courts, and many +matters connected with the government of the country.</p> + +<p>3. <i>Presumptions.</i>—A presumption in the ordinary sense is an +inference. It is an argument, based on observation, that what +has happened in some cases will probably happen in others of the +like nature. The subject of presumptions, so far as they are +mere inferences or arguments, belongs, not to the law of evidence, +or to law at all, but to rules of reasoning. But a legal presumption, +or, as it is sometimes called, a presumption of law, as distinguished +from a presumption of fact, is something more. It +may be described, in Stephen’s language, as “a rule of law that +courts and judges shall draw a particular inference from a +particular fact, or from particular evidence, unless and until +the truth” (perhaps it would be better to say ‘soundness’) +“of the inference is disproved.” Courts and legislatures have +laid down such rules on grounds of public policy or general convenience, +and the rules have then to be observed as rules of +positive law, not merely used as part of the ordinary process of +reasoning or argument. Some so-called presumptions are rules +of substantive law under a disguise. To this class appear to +belong “conclusive presumptions of law,” such as the common-law +presumption that a child under seven years of age cannot +commit a felony. So again the presumption that every one +knows the law is merely an awkward way of saying that ignorance +of the law is not a legal excuse for breaking it. Of true legal +presumptions, the majority may be dealt with most appropriately +under different branches of the substantive law, such as the law +of crime, of property, or of contract, and accordingly Stephen +has included in his <i>Digest of the Law of Evidence</i> only some which +are common to more than one branch of the law. The effect +of a presumption is to impute to certain facts or groups of facts +a prima facie significance or operation, and thus, in legal proceedings, +to throw upon the party against whom it works the +duty of bringing forward evidence to meet it. Accordingly the +subject of presumptions is intimately connected with the subject +of the burden of proof, and the same legal rule may be expressed +in different forms, either as throwing the advantage of a presumption +on one side, or as throwing the burden of proof on the other. +Thus the rule in Stephen’s Digest, which says that the burden of +proving that any person has been guilty of a crime or wrongful +act is on the person who asserts it, appears in the article entitled +“Presumption of Innocence.” Among the more ordinary and +more important legal presumptions are the presumption of +regularity in proceedings, described generally as a presumption +<i>omnia esse rite acta</i>, and including the presumption that the +holder of a public office has been duly appointed, and has duly +performed his official duties, the presumption of the legitimacy +of a child born during the mother’s marriage, or within the +period of gestation after her husband’s death, and the presumptions +as to life and death. “A person shown not to have been +heard of for seven years by those (if any) who, if he had been +alive, would naturally have heard of him, is presumed to be dead +unless the circumstances of the case are such as to account for +his not being heard of without assuming his death; but there is +no presumption as to the time when he died, and the burden of +proving his death at any particular time is upon the person who +asserts it. There is no presumption” (<i>i.e.</i> legal presumption) +“as to the age at which a person died who is shown to have been +alive at a given time, or as to the order in which two or more +persons died who are shown to have died in the same accident, +shipwreck or battle” (Stephen, <i>Dig.</i>, art. 99). A document +proved or purporting to be thirty years old is presumed to be +genuine, and to have been properly executed and (if necessary) +attested if produced from the proper custody. And the legal +presumption of a “lost grant,” <i>i.e.</i> the presumption that a right +or alleged right which has been long enjoyed without interruption +had a legal origin, still survives in addition to the common +law and statutory rules of prescription.</p> + +<p>4. <i>Burden of Proof.</i>—The expression <i>onus probandi</i> has come +down from the classical Roman law, and both it and the Roman +maxims, <i>Agenti incumbit probatio</i>, <i>Necessitas probandi incumbit +ei qui dicit non ei qui negat</i>, and <i>Reus excipiendo fit actor</i>, must +be read with reference to the Roman system of actions, under +which nothing was admitted, but the plaintiff’s case was tried +first; then, unless that failed, the defendant’s on his <i>exceptio</i>; +then, unless that failed, the plaintiff’s on his <i>replicatio</i>, and so +on. Under such a system the burden was always on the “actor.” +In modern law the phrase “burden of proof” may mean one of +two things, which are often confused—the burden of establishing +the proposition or issue on which the case depends, and the +burden of producing evidence on any particular point either at +the beginning or at a later stage of the case. The burden in the +former sense ordinarily rests on the plaintiff or prosecutor. The +burden in the latter sense, that of going forward with evidence +on a particular point, may shift from side to side as the case +proceeds. The general rule is that he who alleges a fact must +prove it, whether the allegation is couched in affirmative or +negative terms. But this rule is subject to the effect of presumptions +in particular cases, to the principle that in considering the +amount of evidence necessary to shift the burden of proof regard +<span class="pagenum"><a name="page16" id="page16"></a>16</span> +must be had to the opportunities of knowledge possessed by the +parties respectively, and to the express provisions of statutes +directing where the burden of proof is to lie in particular cases. +Thus many statutes expressly direct that the proof of lawful +excuse or authority, or the absence of fraudulent intent, is to lie +on the person charged with an offence. And the Summary +Jurisdiction Act 1848 provides that if the information or complaint +in summary proceedings negatives any exemption, exception, +proviso, or condition in the statute on which it is founded, +the prosecutor or complainant need not prove the negative, but +the defendant may prove the affirmative in his defence.</p> + +<p class="pt1 center sc">II. Classes of Evidence</p> + +<p>Evidence is often described as being either oral or documentary. +To these two classes should be added a third, called by +Bentham real evidence, and consisting of things presented +immediately to the senses of the judge or the jury. Thus the +judge or jury may go to view any place the sight of which may +help to an understanding of the evidence, and may inspect anything +sufficiently identified and produced in court as material +to the decision. Weapons, clothes and things alleged to have +been stolen or damaged are often brought into court for this +purpose. Oral evidence consists of the statements of witnesses. +Documentary evidence consists of documents submitted to the +judge or jury by way of proof. The distinction between primary +and secondary evidence relates only to documentary evidence, +and will be noticed in the section under that head. A division +of evidence from another point of view is that into direct and +indirect, or, as it is sometimes called, circumstantial evidence. +By direct evidence is meant the statement of a person who saw, +or otherwise observed with his senses, the fact in question. By +indirect or circumstantial evidence is meant evidence of facts +from which the fact in question may be inferred. The difference +between direct and indirect evidence is a difference of kind, +not of degree, and therefore the rule or maxim as to “best +evidence” has no application to it. Juries naturally attach +more weight to direct evidence, and in some legal systems it is +only this class of evidence which is allowed to have full probative +force. In some respects indirect evidence is superior to direct +evidence, because, as Paley puts it, “facts cannot lie,” whilst +witnesses can and do. On the other hand facts often deceive; +that is to say, the inferences drawn from them are often erroneous. +The circumstances in which crimes are ordinarily committed are +such that direct evidence of their commission is usually not +obtainable, and when criminality depends on a state of mind, +such as intention, that state must necessarily be inferred by +means of indirect evidence.</p> + +<p class="pt1 center sc">III. Rules of Exclusion</p> + +<p>It seems desirable to state the leading rules of exclusion in +their crude form instead of obscuring their historical origin by +attempting to force them into the shape of precise technical +propositions forming parts of a logically connected system. The +judges who laid the foundations of our modern law of evidence, +like those who first discoursed on the duties of trustees, little +dreamt of the elaborate and artificial system which was to be +based upon their remarks. The rules will be found, as might be +expected, to be vague, to overlap each other, to require much +explanation, and to be subject to many exceptions. They may +be stated as follows:—(1) Facts not relevant to the issue cannot +be admitted as evidence. (2) The evidence produced must be +the best obtainable under the circumstances. (3) Hearsay is +not evidence. (4) Opinion is not evidence.</p> + +<p>1. <i>Rule of Relevancy.</i>—The so-called rule of relevancy is sometimes +stated by text-writers in the form in which it was laid +down by Baron Parke in 1837 (<i>Wright</i> v. <i>Doe and Tatham</i>, 7 A. +and E. 384), when he described “one great principle” in the +law of evidence as being that “all facts which are relevant to the +issue may be proved.” Stated in different forms, the rule has +been made by FitzJames Stephen the central point of his theory +of evidence. But relevancy, in the proper and natural sense, +as we have said, is a matter not of law, but of logic. If Baron +Parke’s dictum relates to relevancy in its natural sense it is not +true; if it relates to relevancy in a narrow and artificial sense, +as equivalent to admissible, it is tautological. Such practical +importance as the rule of relevancy possesses consists, not in +what it includes, but in what it excludes, and for that reason +it seems better to state the rule in a negative or exclusive form. +But whether the rule is stated in a positive or in a negative form +its vagueness is apparent. No precise line can be drawn between +“relevant” and “irrelevant” facts. The two classes shade +into each other by imperceptible degrees. The broad truth is +that the courts have excluded from consideration certain matters +which have some bearing on the question to be decided, and +which, in that sense, are relevant, and that they have done so +on grounds of policy and convenience. Among the matters so +excluded are matters which are likely to mislead the jury, or to +complicate the case unnecessarily, or which are of slight, remote, +or merely conjectural importance. Instances of the classes of +matters so excluded can be given, but it seems difficult to refer +their exclusion to any more general principle than this. Rules +as to evidence of character and conduct appear to fall under this +principle. Evidence is not admissible to show that the person +who is alleged to have done a thing was of a disposition or character +which makes it probable that he would or would not have +done it. This rule excludes the biographical accounts of the +prisoner which are so familiar in French trials, and is an important +principle in English trials. It is subject to three exceptions: +first, that evidence of good character is admissible in +favour of the prisoner in all criminal cases; secondly, that a +prisoner indicted for rape is entitled to call evidence as to the +immoral character of the prosecutrix; and thirdly, that a +witness may be called to say that he would not believe a previous +witness on his oath. The exception allowing the good character +of a prisoner to influence the verdict, as distinguished from the +sentence, is more humane than logical, and seems to have been +at first admitted in capital cases only. The exception in rape +cases does not allow evidence to be given of specific acts of immorality +with persons other than the prisoner, doubtless on the +ground that such evidence would affect the reputations of third +parties. Where the character of a person is expressly in issue, +as in actions of libel and slander, the rule of exclusion, as stated +above, does not apply. Nor does it prevent evidence of bad +character from being given in mitigation of damages, where the +amount of damages virtually depends on character, as in cases of +defamation and seduction. As to conduct there is a similar +general rule, that evidence of the conduct of a person on other +occasions is not to be used merely for the purpose of showing the +likelihood of his having acted in a similar way on a particular +occasion. Thus, on a charge of murder, the prosecutor cannot +give evidence of the prisoner’s conduct to other persons for the +purpose of proving a bloodthirsty and murderous disposition. +And in a civil case a defendant was not allowed to show that +the plaintiff had sold goods on particular terms to other persons +for the purpose of proving that he had sold similar goods on the +same terms to the defendant. But this general rule must be +carefully construed. Where several offences are so connected +with each other as to form parts of an entire transaction, evidence +of one is admissible as proof of another. Thus, where a prisoner +is charged with stealing particular goods from a particular place, +evidence may be given that other goods, taken from the same +place at the same time, were found in his possession. And where +it is proved or admitted that a person did a particular act, and +the question is as to his state of mind, that is to say, whether he +did the act knowingly, intentionally, fraudulently, or the like, +evidence may be given of the commission by him of similar acts +on other occasions for the purpose of proving his state of mind +on the occasion. This principle is most commonly applied in +charges for uttering false documents or base coin, and not uncommonly +in charges for false pretences, embezzlement or murder. +In proceedings for the receipt or possession of stolen property, +the legislature has expressly authorized evidence to be given of +the possession by the prisoner of other stolen property, or of his +previous conviction of an offence involving fraud or dishonesty +<span class="pagenum"><a name="page17" id="page17"></a>17</span> +(Prevention of Crimes Act 1871). Again, where there is a +question whether a person committed an offence, evidence may +be given of any fact supplying a motive or constituting preparation +for the offence, of any subsequent conduct of the person +accused, which is apparently influenced by the commission of +the offence, and of any act done by him, or by his authority, in +consequence of the offence. Thus, evidence may be given that, +after the commission of the alleged offence, the prisoner absconded, +or was in possession of the property, or the proceeds +of the property, acquired by the offence, or that he attempted +to conceal things which were or might have been used in committing +the offence, or as to the manner in which he conducted +himself when statements were made in his presence and hearing. +Statements made to or in the presence of a person charged with +an offence are admitted as evidence, not of the facts stated, but +of the conduct or demeanour of the person to whom or in whose +presence they are made, or of the general character of the transaction +of which they form part (under the <i>res gestae</i> rule mentioned +below).</p> + +<p>2. <i>Best Evidence Rule.</i>—Statements to the effect of the best +evidence rule were often made by Chief Justice Holt about the +beginning of the 18th century, and became familiar in the courts. +Chief Baron Gilbert, in his book on evidence, which must have +been written before 1726, says that “the first and most signal +rule in relation to evidence is this, that a man must have the +utmost evidence the nature of the fact is capable of.” And in +the great case of <i>Omichund</i> v. <i>Barker</i> (1744), Lord Hardwicke +went so far as to say, “The judges and sages of the law have laid +down that there is but one general rule of evidence, the best that +the nature of the case will admit” (1 Atkyns 49). It is no +wonder that a rule thus solemnly stated should have found a +prominent place in text-books on the law of evidence. But, +apart from its application to documentary evidence, it does not +seem to be more than a useful guiding principle which underlies, +or may be used in support of, several rules.</p> + +<p>It is to documentary evidence that the principle is usually +applied, in the form of the narrower rule excluding, subject to +exceptions, secondary evidence of the contents of a document +where primary evidence is obtainable. In this form the rule is +a rule of exclusion, but may be most conveniently dealt with +in connexion with the special subject of documentary evidence. +As noticed above, the general rule does not apply to the difference +between direct and indirect evidence. And, doubtless on +account of its vague character, it finds no place in Stephen’s +Digest.</p> + +<p>3. <i>Hearsay.</i>—The term “hearsay” primarily applies to what +a witness has heard another person say in respect to a fact in +dispute. But it is extended to any statement, whether reduced +to writing or not, which is brought before the court, not by the +author of the statement, but by a person to whose knowledge the +statement has been brought. Thus the hearsay rule excludes +statements, oral or written, made in the first instance by a person +who is not called as a witness in the case. Historically this rule +may be traced to the time when the functions of the witnesses +were first distinguished from the functions of the jury, and when +the witnesses were required by their formula to testify <i>de visu +suo et auditu</i>, to state what they knew about facts from the direct +evidence of their senses, not from the information of others. +The rule excludes statements the effect of which is liable to be +altered by the narrator, and which purport to have been made +by persons who did not necessarily speak under the sanction of +an oath, and whose accuracy or veracity is not tested by cross-examination. +It is therefore of practical utility in shutting out +many loose statements and much irresponsible gossip. On the +other hand, it excludes statements which are of some value as +evidence, and may indeed be the only available evidence. Thus, +a statement has been excluded as hearsay, even though it can be +proved that the author of the statement made it on oath, or +that it was against his interest when he made it, or that he is +prevented by insanity or other illness from giving evidence himself, +or that he has left the country and disappeared, or that he +is dead.</p> + +<div class="condensed"> +<p>Owing to the inconveniences which would be caused by a strict +application of the rule, it has been so much eaten into by exceptions +that some persons doubt whether the rule and the exceptions ought +not to change places. Among the exceptions the following may be +noticed: (<i>a</i>) <i>Certain sworn statements</i>.—In many cases statements +made by a person whose evidence is material, but who cannot come +before the court, or could not come before it without serious difficulty, +delay or expense, may be admitted as evidence under proper +safeguards. Under the Indictable Offences Act 1848, where a person +has made a deposition before a justice at a preliminary inquiry into +an offence, his deposition may be read in evidence on proof that the +deponent is dead, or too ill to travel, that the deposition was taken +in the presence of the accused person, and that the accused then had +a full opportunity of cross-examining the deponent. The deposition +must appear to be signed by the justice before whom it purports to +have been taken. Depositions taken before a coroner are admissible +under the same principle. And the principle probably extends to +cases where the deponent is insane, or kept away by the person +accused. There are other statutory provisions for the admission of +depositions, as in the Criminal Law Amendment Act 1867; the +Foreign Jurisdiction Act 1890; and the Children Act 1908, incorporating +an act of 1894. In civil cases the rule excluding statements +not made in court at the trial is much less strictly applied. Frequent +use is made of evidence taken before an examiner, or under a commission. +Affidavits are freely used for subordinate issues or under +an arrangement between the parties, and leave may be given to use +evidence taken in other proceedings. The old chancery practice, +under which evidence, both at the trial and at other stages of a +proceeding, was normally taken by affidavit, irrespectively of consent, +was altered by the Judicature Acts. Under the existing rules of +the supreme court evidence may be given by affidavit upon any +motion, petition or summons, but the court or a judge may, on the +application of either party, order the attendance for cross-examination +of the person making the affidavit. (<i>b</i>) <i>Dying declarations.</i>—In +a trial for murder or manslaughter a declaration by the person +killed as to the cause of his death, or as to any of the circumstances +of the transaction which resulted in his death, is admissible as +evidence. But this exception is very strictly construed. It must +be proved that the declarant, at the time of making the declaration, +was in actual danger of death, and had given up all hope of recovery. +(<i>c</i>) <i>Statements in pedigree cases.</i>—On a question of pedigree the +statement of a deceased person, whether based on his own personal +knowledge or on family tradition, is admissible as evidence, if it is +proved that the person who made the statement was related to the +person about whose family relations the statement was made, and +that the statement was made before the question with respect to +which the evidence is required had arisen. (<i>d</i>) <i>Statements as to +matters of public or general interest.</i>—Statements by deceased persons +are admissible as evidence of reputation or general belief in +questions relating to the existence of any public or general right +or custom, or matter of public and general interest. Statements of +this kind are constantly admitted in questions relating to right of +way, or rights of common, or manorial or other local customs. +Maps, copies of court rolls, leases and other deeds, and verdicts, +judgments, and orders of court fall within the exception in cases of +this kind. (<i>e</i>) <i>Statements in course of duty or business.</i>—A statement +with respect to a particular fact made by a deceased person in +pursuance of his duty in connexion with any office, employment or +business, whether public or private, is admissible as evidence of that +fact, if the statement appears to have been made from personal +knowledge, and at or about the time when the fact occurred. This +exception covers entries by clerks and other employees. (<i>f</i>) <i>Statements +against interest.</i>—A statement made by a deceased person against +his pecuniary or proprietary interest is admissible as evidence, +without reference to the time at which it was made. Where such a +statement is admissible the whole of it becomes admissible, though +it may contain matters not against the interest of the person who +made it, and though the total effect may be in his favour. Thus, +where there was a question whether a particular sum was a gift or a +loan, entries in an account book of receipt of interest on the sum +were admitted, and a statement in the book that the alleged debtor +had on a particular date acknowledged the loan was also admitted. +(<i>g</i>) <i>Public documents.</i>—Under this head may be placed recitals in +public acts of parliament, notices in the <i>London</i>, <i>Edinburgh</i>, or <i>Dublin +Gazette</i> (which are made evidence by statute in a large number of +cases), and entries made in the performance of duty in official +registers or records, such as registers of births, deaths or marriages, +registers of companies, records in judicial proceedings, and the like. +An entry in a public document may be treated as a statement made +in the course of duty, but it is admissible whether the person who +made the statement is alive or dead, and without any evidence as +to personal knowledge, or the time at which the statement is made. +(<i>h</i>) <i>Admissions.</i>—By the term “admission,” as here used, is meant +a statement made out of the witness-box by a party to the proceedings, +whether civil or criminal, or by some person whose statements are +binding on that party, against the interest of that party. The term +includes admissions made in answer to interrogatories, or to a notice +to admit facts, but not admissions made on the pleadings. Admissions, +in this sense of the term, are admissible as evidence against the +person by whom they are made, or on whom they are binding, +<span class="pagenum"><a name="page18" id="page18"></a>18</span> +without reference to the life or death of the person who made them. +A person is bound by the statements of his agent, acting within the +scope of his authority, and barristers and solicitors are agents for +their clients in the conduct of legal proceedings. Conversely, a +person suing or defending on behalf of another, <i>e.g.</i> as agent or +trustee, is bound by the statements of the person whom he represents. +Statements respecting property made by a predecessor in +title bind the successor. Where a statement is put in evidence as an +admission by, or binding on, any person, that person is entitled to +have the whole statement given in evidence. The principle of this +rule is obviously sound, because it would be unfair to pick out from +a man’s statement what tells against him, and to suppress what is +in his favour. But the application of the rule is sometimes attended +with difficulty. An admission will not be allowed to be used as +evidence if it was made under a stipulation, express or implied, that +it should not be so used. Such admissions are said to be made +“without prejudice.” (<i>i</i>) <i>Confessions.</i>—A confession is an admission +by a person accused of an offence that he has committed the offence +of which he is accused. But the rules about admitting as evidence +confessions in criminal proceedings are much more strict than the +rules about admissions in civil proceedings. The general rule is, +that a confession is not admissible as evidence against any person +except the person who makes it. But a confession made by one +accomplice in the presence of another is admissible against the latter +to this extent, that, if it implicates him, his silence under the charge +may be used against him, whilst on the other hand his prompt +repudiation of the charge might tell in his favour. In other words, +the confession may be used as evidence of the conduct of the person +in whose presence it was made. A confession cannot be admitted +as evidence unless proved to be voluntary. A confession is not +treated as being voluntary if it appears to the court to have been +caused by any inducement, threat or promise which proceeded +from a magistrate or other person in authority concerned in the +charge, and which, in the opinion of the court, gave the accused +person reasonable ground for supposing that by making a confession +he would gain some advantage or avoid some evil in reference to the +proceedings against him. This applies to any inducement, threat +or promise having reference to the charge, whether it is addressed +directly to the accused person or is brought to his knowledge indirectly. +But a confession is not involuntary merely because it appears to +have been caused by the exhortations of a person in authority to +make it as a matter of religious duty, or by an inducement collateral +to the proceedings, or by an inducement held out by a person having +nothing to do with the apprehension, prosecution or examination +of the prisoner. Thus, a confession made to a gaol chaplain in consequence +of religious exhortation has been admitted as evidence. +So also has a confession made by a prisoner to a gaoler in consequence +of a promise by the gaoler, that if the prisoner confessed he should +be allowed to see his wife. To make a confession involuntary, the +inducement must have reference to the prisoner’s escape from the +charge against him, and must be made by some person having power +to relieve him, wholly or partially, from the consequences of the +charge. A confession is treated as voluntary if, in the opinion of the +court, it was made after the complete removal of the impression +produced by any inducement, threat or promise which would have +made it involuntary. Where a confession was made under an +inducement which makes the confession involuntary, evidence +may be given of facts discovered in consequence of the confession, +and of so much of the confession as distinctly relates to those facts. +Thus, A. under circumstances which make the confession involuntary, +tells a policeman that he, A., had thrown a lantern into the pond. +Evidence may be given that the lantern was found in the pond, and +that A. said he had thrown it there. It is of course improper to try +to extort a confession by fraud or under the promise of secrecy. +But if a confession is otherwise admissible as evidence, it does not +become inadmissible <i>merely</i> because it was made under a promise +of secrecy, or in consequence of a deception practised on the accused +person for the purpose of obtaining it, or when he was drunk, or +because it was made in answer to questions, whether put by a +magistrate or by a private person, or because he was not warned +that he was not bound to make the confession, and that it might +be used against him. If a confession is given in evidence, the whole +of it must be given, and not merely the parts disadvantageous to the +accused person. Evidence amounting to a confession may be used +as such against the person who gave it, though it was given on oath, +and though the proceeding in which it was given had reference to +the same subject-matter as the proceeding in which it is to be used, +and though the witness might have refused to answer the questions +put to him. But if, after refusing to answer such questions, the +witness is improperly compelled to answer, his answers are not +a voluntary confession. The grave jealousy and suspicion with +which the English law regards confessions offer a marked contrast +to the importance attached to this form of evidence in other systems +of procedure, such as the inquisitorial system which long prevailed, +and still to some extent prevails, on the continent. (<i>j</i>) <i>Res gestae.</i>—Statements +are often admitted as evidence on the ground that they +form part of what is called the “transaction,” or <i>res gestae</i>, the +occurrence or nature of which is in question. For instance, where +an act may be proved, statements accompanying and explaining +the act made by or to the person doing it, may be given in evidence. +There is no difficulty in understanding the principle on which this +exception from the hearsay rule rests, but there is often practical +difficulty in applying it, and the practice has varied. How long is +the “transaction” to be treated as lasting? What ought to be +treated as “the immediate and natural effect of continuing action,” +and, for that reason, as part of the <i>res gestae</i>? When an act of violence +is committed, to what extent are the terms of the complaint made +by the sufferer, as distinguished from the fact of a complaint having +been made, admissible as evidence? These are some of the questions +raised. The cases in which statements by a person as to his bodily +or mental condition may be put in evidence may perhaps be treated +as falling under the same principle. In the Rugeley poisoning case, +statements by the deceased person before his illness as to his state +of health, and as to his symptoms during illness, were admitted as +evidence for the prosecution. Under the same principle may also +be brought the rule as to statements in conspiracy cases. In charges +of conspiracy, after evidence has been given of the existence of the +plot, and of the connexion of the accused with it, the charge against +one conspirator may be supported by evidence of anything done, +written, or said, not only by him, but by any other of the conspirators, +in furtherance of the common purpose. On the other hand, a statement +made by one conspirator, not in execution of the common +purpose, but in narration of some event forming part of the conspiracy, +would be treated, not as part of the “transaction,” but as +a statement excluded by the hearsay rule. Thus the admissibility +of writings in conspiracy cases may depend on the time when they +can be shown to have been in the possession of a fellow-conspirator, +whether before or after the prisoner’s apprehension. (<i>k</i>) <i>Complaints +in rape cases, &c. </i>—In trials for rape and similar offences, the fact +that shortly after the commission of the alleged offence a complaint +was made by the person against whom the offence was committed, +and also the terms of the complaint, have been admitted as evidence, +not of the facts complained of, but of the consistency of the complainant’s +conduct with the story told by her in the witness-box, and +as negativing consent on her part.</p> +</div> + +<p>4. <i>Opinion.</i>—The rule excluding expressions of opinion also +dates from the first distinction between the functions of witnesses +and jury. It was for the witnesses to state facts, for the +jury to form conclusions. Of course every statement of fact +involves inference, and implies a judgment on phenomena observed +by the senses. And the inference is often erroneous, as in +the answer to the question, “Was he drunk?” A prudent witness +will often guard himself, and is allowed to guard himself, by +answering to the best of his belief. But, for practical purposes, +it is possible to draw a distinction between a statement of facts +observed and an expression of opinion as to the inference to be +drawn from these facts, and the rule telling witnesses to state +facts and not express opinions is of great value in keeping their +statements out of the region of argument and conjecture. The +evidence of “experts,” that is to say, of persons having a special +knowledge of some particular subject, is generally described as +constituting the chief exception to the rule. But perhaps it +would be more accurate to say that experts are allowed a much +wider range than ordinary witnesses in the expression of their +opinions, and in the statement of facts on which their opinions +are based. Thus, in a poisoning case, a doctor may be asked +as an expert whether, in his opinion, a particular poison produces +particular symptoms. And, where lunacy is set up as a defence, +an expert may be asked whether, in his opinion, the symptoms +exhibited by the alleged lunatic commonly show unsoundness of +mind, and whether such unsoundness of mind usually renders +persons incapable of knowing the nature of their acts, or of +knowing that what they do is either wrong or contrary to the +law. Similar principles are applied to the evidence of engineers, +and in numerous other cases. In cases of disputed handwriting +the evidence of experts in handwriting is expressly recognized +by statute (Evidence and Practice on Criminal Trials 1865).</p> + +<p class="pt1 center sc">IV. Documentary Evidence</p> + +<p>Charters and other writings were exhibited to the jury at a +very early date, and it is to writings so exhibited that the term +“evidence” or “evidences” seems to have been originally +applied <i>par excellence</i>. The oral evidence of witnesses came +later. Where a document is to be used as evidence the first +question is how its contents are to be proved. To this question +the principle of “best evidence” applies, in the form of the rule +that primary evidence must be given except in the cases where +secondary evidence is allowed. By primary evidence is meant +the document itself produced for inspection. By secondary +<span class="pagenum"><a name="page19" id="page19"></a>19</span> +evidence is meant a copy of the document, or verbal accounts of +its contents.</p> + +<div class="condensed"> +<p>The rule as to the inadmissibility of a copy of a document is +applied much more strictly to private than to public or official +documents. Secondary evidence may be given of the contents of +a private document in the following cases:</p> + +<div class="list"> +<p>(<i>a</i>) Where the original is shown or appears to be in the possession +of the adverse party, and he, after having been served +with reasonable notice to produce it, does not do so.</p> + +<p>(<i>b</i>) Where the original is shown or appears to be in the possession +or power of a stranger not legally bound to produce it, and +he, after having been served with a writ of <i>subpoena duces +tecum</i>, or after having been sworn as a witness and asked +for the document, and having admitted that it is in court, +refuses to produce it.</p> + +<p>(<i>c</i>) Where it is shown that proper search has been made for the +original, and there is reason for believing that it is destroyed +or lost.</p> + +<p>(<i>d</i>) Where the original is of such a nature as not to be easily +movable, as in the case of a placard posted on a wall, or +of a tombstone, or is in a country from which it is not +permitted to be removed.</p> + +<p>(<i>e</i>) Where the original is a document for the proof of which special +provision is made by any act of parliament, or any law in +force for the time being. Documents of that kind are +practically treated on the same footing as private documents.</p> + +<p>(<i>f</i>) Where the document is an entry in a banker’s book, provable +according to the special provisions of the Bankers’ Books +Evidence Act 1879.</p> +</div> + +<p>Secondary evidence of a private document is usually given either +by producing a copy and calling a witness who can prove the copy +to be correct, or, when there is no copy obtainable, by calling a +witness who has seen the document, and can give an account of its +contents. No general definition of public document is possible, +but the rules of evidence applicable to public documents are expressly +applied by statute to many classes of documents. Primary evidence +of any public document may be given by producing the document +from proper custody, and by a witness identifying it as being what +it professes to be. Public documents may always be proved by +secondary evidence, but the particular kind of secondary evidence +required is in many cases defined by statute. Where a document +is of such a public nature as to be admissible in evidence on its mere +production from the proper custody, and no statute exists which +renders its contents provable by means of a copy, any copy thereof +or extract therefrom is admissible as proof of its contents, if it is +proved to be an examined copy or extract, or purports to be signed +or certified as a true copy or extract by the officer to whose custody +the original is entrusted. Many statutes provide that various +certificates, official and public documents, documents and proceedings +of corporations and of joint stock and other companies, and +certified copies of documents, by-laws, entries in registers and other +books, shall be receivable as evidence of certain particulars in courts +of justice, if they are authenticated in the manner prescribed by the +statutes. Whenever, by virtue of any such provision, any such +certificate or certified copy is receivable as proof of any particular +in any court of justice, it is admissible as evidence, if it +purports to be authenticated in the manner prescribed by law, +without calling any witness to prove any stamp, seal, or signature +required for its authentication, or the official character of the person +who appears to have signed it. The Documentary Evidence Acts +1868, 1882 and 1895, provide modes of proving the contents of +several classes of proclamations, orders and regulations.</p> + +<p>If a document is of a kind which is required by law to be attested, +but not otherwise, an attesting witness must be called to prove its +due execution. But this rule is subject to the following exceptions:</p> + +<div class="list"> +<p>(<i>a</i>) If it is proved that there is no attesting witness alive, and +capable of giving evidence, then it is sufficient to prove +that the attestation of at least one attesting witness is in +his handwriting, and that the signature of the person +executing the document is in the handwriting of that +person.</p> + +<p>(<i>b</i>) If the document is proved, or purports to be, more than +thirty years old, and is produced from what the court +considers to be its proper custody, an attesting witness +need not be called, and it will be presumed without evidence +that the instrument was duly executed and attested.</p> +</div></div> + +<p>Where a document embodies a judgment, a contract, a grant, +or disposition of property, or any other legal transaction or +“act in the law,” on which rights depend, the validity of the +transaction may be impugned on the ground of fraud, incapacity, +want of consideration, or other legal ground. But this seems +outside the law of evidence. In this class of cases a question +often arises whether extrinsic evidence can be produced to vary +the nature of the transaction embodied in the document. The +answer to this question seems to depend on whether the document +was or was not intended to be a complete and final statement +of the transaction which it embodies. If it was, you cannot +go outside the document for the purpose of ascertaining the +nature of the transaction. If it was not, you may. But the +mere statement of this test shows the difficulty of formulating +precise rules, and of applying them when formulated. FitzJames +Stephen mentions, among the facts which may be proved +in these cases, the existence of separate and consistent oral +agreements as to matters on which the document is silent, if there +is reason to believe that the document is not a complete and final +statement of the transaction, and the existence of any usage or +custom with reference to which a contract may be presumed to +have been made. But he admits that the rules on the subject +are “by no means easy to apply, inasmuch as from the nature +of the case an enormous number of transactions fall close on +one side or the other of most of them.” The underlying principle +appears to be a rule of substantive law rather than of evidence. +When parties to an arrangement have reduced the terms of the +arrangement to a definite, complete, and final written form, they +should be bound exclusively by the terms embodied in that form. +The question in each case is under what circumstances they +ought to be treated as having done so.</p> + +<p>The expression “parol evidence,” which includes written as +well as verbal evidence, has often been applied to the extrinsic +evidence produced for the purpose of varying the nature of the +transaction embodied in a document. It is also applied to extrinsic +evidence used for another purpose, namely, that of explaining +the meaning of the terms used in a document. The two +questions, What is the real nature of the transaction referred +to in a document? and, What is the meaning of a document? are +often confused, but are really distinct from each other. The +rules bearing on the latter question are rules of construction or +interpretation rather than of evidence, but are ordinarily treated +as part of the law of evidence, and are for that reason included +by FitzJames Stephen in his Digest. In stating these rules he +adopts, with verbal modifications, the six propositions laid down +by Vice-Chancellor Wigram in his <i>Examinations of the Rules of +Law respecting the admission of Extrinsic Evidence in Aid of the +Interpretation of Wills</i>. The substance of these propositions +appears to be this, that wherever the meaning of a document +cannot be satisfactorily ascertained from the document itself, +use may be made of any other evidence for the purpose of +elucidating the meaning, subject to one restriction, that, except +in cases of equivocation, <i>i.e.</i> where a person or thing is described +in terms applicable equally to more than one, resort cannot be +had to extrinsic expressions of the author’s intention.</p> + +<p class="pt1 center sc">V. Witnesses</p> + +<p>1. <i>Attendance.</i>—If a witness does not attend voluntarily he +can be required to attend by a writ of <i>subpoena</i>.</p> + +<p>2. <i>Competency.</i>—As a general rule every person is a competent +witness. Formerly persons were disqualified by crime +or interest, or by being parties to the proceedings, but these +disqualifications have now been removed by statute, and the +circumstances which formerly created them do not affect the +competency, though they may often affect the credibility, of a +witness.</p> + +<p>Under the general law as it stood before the Criminal Evidence +Act 1898 came into force, a person charged with an offence was +not competent to give evidence on his own behalf. But many +exceptions had been made to this rule by legislation, and the rule +itself was finally abolished by the act of 1898. Under that law +a person charged is a competent witness, but he can only give +evidence for the defence, and can only give evidence if he himself +applies to do so. Under the law as it stood before 1898, persons +jointly charged and being tried together were not competent to +give evidence either for or against each other. Under the act +of 1898 a person charged jointly with another is a competent +witness, but only for the defence, and not for the prosecution. +If, therefore, one of the persons charged applies to give evidence +his cross-examination must not be conducted with a view to +establish the guilt of the other. Consequently, if it is thought +<span class="pagenum"><a name="page20" id="page20"></a>20</span> +desirable to use against one prisoner the evidence of another +who is being tried with him, the latter should be released, or a +separate verdict of not guilty taken against him. A prisoner so +giving evidence is popularly said to turn king’s evidence. It +follows that, subject to what has been said above as to persons +tried together, the evidence of an accomplice is admissible +against his principal, and <i>vice versa</i>. The evidence of an accomplice +is, however, always received with great jealousy and caution. +A conviction on the unsupported testimony of an accomplice +may, in some cases, be strictly legal, but the practice is to require +it to be confirmed by unimpeachable testimony in some material +part, and more especially as to his identification of the person or +persons against whom his evidence may be received. The wife +of a person charged is now a competent witness, but, except in +certain special cases, she can only give evidence for the defence, +and can only give evidence if her husband applies that she should +do so. The special cases in which a wife can be called as a +witness either for the prosecution or for the defence, and without +the consent of the person charged, are cases arising under particular +enactments scheduled to the act of 1898, and relating +mainly to offences against wives and children, and cases in which +the wife is by common law a competent witness against her +husband, <i>i.e.</i> where the proceeding is against the husband for +bodily injury or violence inflicted on his wife. The rule of exclusion +extends only to a lawful wife. There is no ground for +supposing that the wife of a prosecutor is an incompetent witness. +A witness is incompetent if, in the opinion of the court, he is +prevented by extreme youth, disease affecting his mind, or any +other cause of the same kind, from recollecting the matter on +which he is to testify, from understanding the questions put to him, +from giving rational answers to those questions, or from knowing +that he ought to speak the truth. A witness unable to speak +or hear is not incompetent, but may give his evidence by writing +or by signs, or in any other manner in which he can make it intelligible. +The particular form of the religious belief of a witness, +or his want of religious belief, does not affect his competency. +This ground of incompetency has now been finally removed by the +Oaths Act 1888. It will be seen that the effect of the successive +enactments which have gradually removed the disqualifications +attaching to various classes of witnesses has been to draw a +distinction between the <i>competency</i> of a witness and his <i>credibility</i>. +No person is disqualified on moral or religious grounds, but his +character may be such as to throw grave doubts on the value +of his evidence. No relationship, except to a limited extent that +of husband and wife, excludes from giving evidence. The parent +may be examined on the trial of the child, the child on that of +the parent, master for or against servant, and servant for or +against master. The relationship of the witness to the prosecutor +or the prisoner in such cases may affect the credibility of +the witness, but does not exclude his evidence.</p> + +<p>3. <i>Privilege.</i>—It does not follow that, because a person is +<i>competent</i> to give evidence, he can therefore be compelled to +do so.</p> + +<p>No one, except a person charged with an offence when giving +evidence on his own application, and as to the offence wherewith +he is charged, is bound to answer a question if the answer +would, in the opinion of the court, have a tendency to expose +the witness, or the wife or husband of the witness, to any criminal +charge, penalty, or forfeiture, which the court regards as reasonably +likely to be preferred or sued for. Accordingly, an accomplice +cannot be examined without his consent, but if an accomplice +who has come forward to give evidence on a promise of +pardon, or favourable consideration, refuses to give full and fair +information, he renders himself liable to be convicted on his +own confession. However, even accomplices in such circumstances +are not required to answer on their cross-examination +as to other offences. Where, under the new law, a person charged +with an offence offers himself as a witness, he may be asked any +question in cross-examination, notwithstanding that it would +tend to criminate him as to the offence charged. But he may +not be asked, and if he is asked must not be required to answer, +any question tending to show that he has committed, or been +convicted of, or been charged with, any other offence, or is of +bad character, unless:—</p> + +<div class="condensed list"> +<p>(i.) The proof that he has committed, or been convicted of, the +other offence is admissible evidence to show that he is +guilty of the offence with which he is then charged; or,</p> + +<p>(ii.) He has personally, or by his advocate, asked questions of +the witnesses for the prosecution, with a view to establish +his own good character, or has given evidence of his good +character, or the nature or conduct of the defence is such +as to involve imputations on the character of the prosecutor +or the witnesses for the prosecution; or,</p> + +<p>(iii.) He has given evidence against any other person charged +with the same offence.</p> +</div> + +<p>He may not be asked questions tending to criminate his wife.</p> + +<p>The privilege as to criminating answers does not cover answers +merely tending to establish a civil liability. No one is excused +from answering a question or producing a document only because +the answer or document may establish or tend to establish that +he owes a debt, or is otherwise liable to any civil proceeding. +It is a privilege for the protection of the witness, and therefore +may be waived by him. But there are other privileges which +cannot be so waived. Thus, on grounds of public policy, no one +can be compelled, or is allowed, to give evidence relating to any +affairs of state, or as to official communications between public +officers upon public affairs, except with the consent of the head +of the department concerned, and this consent is refused if the +production of the information asked for is considered detrimental +to the public service.</p> + +<p>Again, in cases in which the government is immediately concerned, +no witness can be compelled to answer any question the +answer to which would tend to discover the names of persons +by or to whom information was given as to the commission of +offences. It is, as a rule, for the court to decide whether the permission +of any such question would or would not, under the +circumstances of the particular case, be injurious to the administration +of justice.</p> + +<p>A husband is not compellable to disclose any communication +made to him by his wife during the marriage; and a wife is not +compellable to disclose any communication made to her by her +husband during the marriage.</p> + +<p>A legal adviser is not permitted, whether during or after the +termination of his employment as such, unless with his client’s +express consent, to disclose any communication, oral or documentary, +made to him <i>as such legal adviser</i>, by or on behalf of +his client, during, in the course of, and for the purpose of his +employment, or to disclose any advice given by him to his client +during, in the course of, and for the purpose of such employment. +But this protection does not extend to—</p> + +<p>(<i>a</i>) Any such communication if made in furtherance of any +criminal purpose; nor</p> + +<p>(<i>b</i>) Any fact observed by a legal adviser in the course of his +employment as such, showing that any crime or fraud has been +committed since the commencement of his employment, whether +his attention was directed to such fact by or on behalf of his +client or not; nor</p> + +<p>(<i>c</i>) Any fact with which the legal adviser became acquainted +otherwise than in his character as such.</p> + +<p>Medical men and clergymen are not privileged from the disclosure +of communications made to them in professional confidence, +but it is not usual to press for the disclosures of communications +made to clergymen.</p> + +<p>4. <i>Oaths.</i>—A witness must give his evidence under the sanction +of an oath, or of what is equivalent to an oath, that is to say, of +a solemn promise to speak the truth. The ordinary form of oath +is adapted to Christians, but a person belonging to a non-Christian +religion may be sworn in any form prescribed or +recognized by the custom of his religion. (See the article <span class="sc"><a href="#artlinks">Oath</a></span>.)</p> + +<p>5. <i>Publicity.</i>—The evidence of a witness at a trial must, as +a general rule, be given in open court in the course of the trial. +The secrecy which was such a characteristic feature of the +“inquisition” procedure is abhorrent to English law, and, even +where publicity conflicts with decency, English courts are very +reluctant to dispense with or relax the safeguards for justice +which publicity involves.</p> + +<p><span class="pagenum"><a name="page21" id="page21"></a>21</span></p> + +<p>6. <i>Examination.</i>—The normal course of procedure is this. +The party who begins, <i>i.e.</i> ordinarily the plaintiff or prosecutor, +calls his witnesses in order. Each witness is first examined on +behalf of the party for whom he is called. This is called the +examination in chief. Then he is liable to be cross-examined +on behalf of the other side. And, finally, he may be re-examined +on behalf of his own side. After the case for the other side has +been opened, the same procedure is adopted with the witnesses +for that side. In some cases the party who began is allowed to +adduce further evidence in reply to his opponent’s evidence. +The examination is conducted, not by the court, but by or on +behalf of the contending parties. It will be seen that the principle +underlying this procedure is that of the duel, or conflict +between two contending parties, each relying on and using his +own evidence, and trying to break down the evidence of his +opponent. It differs from the principle of the “inquisition” +procedure, in which the court takes a more active part, and in +which the cases for the two sides are not so sharply distinguished. +In a continental trial it is often difficult to determine whether +the case for the prosecution or the case for the defence is proceeding. +Conflicting witnesses stand up together and are “confronted” +with each other. In the examination in chief questions +must be confined to matters bearing on the main question at +issue, and a witness must not be asked leading questions, <i>i.e.</i> +questions suggesting the answer which the person putting the +question wishes or expects to receive, or suggesting disputed +facts about which the witness is to testify. But the rule about +leading questions is not applied where the questions asked are +simply introductory, and form no part of the real substance of +the inquiry, or where they relate to matters which, though +material, are not disputed. And if the witness called by a person +appears to be directly hostile to him, or interested on the other +side, or unwilling to reply, the reason for the rules applying to +examination in chief breaks down, and the witness may be +asked leading questions and cross-examined, and treated in every +respect as though he was a witness called on the other side, except +that a party producing a witness must not impeach his credit by +general evidence of bad character (Evidence and Practice on +Criminal Trials Act 1865). In cross-examination questions not +bearing on the main issue and leading questions may be put and +(subject to the rules as to privilege) must be answered, as the +cross-examiner is entitled to test the examination in chief by +every means in his power. Questions not bearing on the main +issue are often asked in cross-examination merely for the purpose +of putting off his guard a witness who is supposed to have learnt +up his story. In cross-examination questions may also be asked +which tend either to test the accuracy or credibility of the +witness, or to shake his credit by impeaching his motives or injuring +his character. The licence allowed in cross-examination has +often been seriously abused, and the power of the court to check +it is recognized by one of the rules of the supreme court (R.S.C. +xxxvi. 39, added in 1883). It is considered wrong to put +questions which assume that facts have been proved which have +not been proved, or that answers have been given contrary to +the fact. A witness ought not to be pressed in cross-examination +as to any facts which, if admitted, would not affect the question +at issue or the credibility of the witness. If the cross-examiner +intends to adduce evidence contrary to the evidence given by +the witness, he ought to put to the witness in cross-examination +the substance of the evidence which he proposes to adduce, in +order to give the witness an opportunity of retracting or explaining. +Where a witness has answered a question which only tends +to affect his credibility by injuring his character, it is only in a +limited number of cases that evidence can be given to contradict +his answer. Where he is asked whether he has ever been +convicted of any felony or misdemeanour, and denies or refuses +to answer, proof may be given of the truth of the facts suggested +(28 & 29 Vict. c. 15, s. 6). The same rule is observed where +he is asked a question tending to show that he is not impartial. +Where a witness has previously made a statement inconsistent +with his evidence, proof may be given that he did in fact make +it. But before such proof is given the circumstances of the alleged +statement, sufficient to designate the particular occasion, must +be mentioned to the witness, and he must be asked whether he +did or did not make the statement. And if the statement was +made in, or has been reduced to, writing, the attention of the +witness must, before the writing is used against him, be called to +those parts of the writing which are to be used for the purpose of +contradicting him (Evidence and Practice on Criminal Trials Act +1865, ss. 4, 5). The credibility of a witness may be impeached +by the evidence of persons who swear that they, from their +knowledge of the witness, believe him to be unworthy of +credit on his oath. These persons may not on their examination +in chief give reasons for their belief, but they may be +asked their reasons in cross-examination, and their answers +cannot be contradicted. When the credit of a witness is so +impeached, the party who called the witness may give evidence +in reply to show that the witness is worthy of credit. Re-examination +must be directed exclusively to the explanation +of matters referred to in cross-examination, and if new matter +is, by the permission of the court, introduced in re-examination, +the other side may further cross-examine upon it. A witness +under examination may refresh his memory by referring to any +writing made by himself at or about the time of the occurrence +to which the writing relates, or made by any other person, and +read and found accurate by the witness at or about the time. +An expert may refresh his memory by reference to professional +treatises.</p> + +<div class="condensed"> +<p>For the history of the English law of evidence, see Brunner, +<i>Entstehung der Schwurgerichte</i>; Bigelow, <i>History of Procedure in +England</i>; Stephen (Sir J.F.), <i>History of the Criminal Law of England</i>; +Pollock and Maitland, <i>History of English Law</i>, bk. ii. ch. ix.; +Thayer, Preliminary Treatise on Evidence at the Common Law. The +principal text-books now in use are—Roscoe, <i>Digest of the Law of +Evidence on the Trial of Actions at Nisi Prius</i> (18th ed., 1907); +Roscoe, <i>Digest of the Law of Evidence in Criminal Cases</i> (13th ed., +1908); Taylor, <i>Treatise on the Law of Evidence</i> (10th ed., 1906); +Best, <i>Principles of the Law of Evidence</i> (10th ed., 1906); Powell, +<i>Principles and Practice of the Law of Evidence</i> (8th ed., 1904); +Stephen, <i>Digest of the Law of Evidence</i> (8th ed., 1907); Wills, <i>Theory +and Practice of the Law of Evidence</i> (1907). For the history of the law +of criminal evidence in France, see Esmein, <i>Hist. de la procédure +criminelle en France</i>. For Germany, see Holtzendorff, <i>Encyclopädie +der Rechtswissenschaft</i> (passages indexed under head “Beweis”); +Holtzendorff, <i>Rechtslexikon</i> (“Beweis”).</p> +</div> +<div class="author">(C. P. I.)</div> + +<hr class="foot" /> <div class="note"> + +<p><a name="ft1b" id="ft1b" href="#fa1b"><span class="fn">1</span></a> Reference may be made to a well-known passage in the <i>Essay +concerning Human Understanding</i> (Book iv. ch. xv.): “The grounds +of probability are—First, the conformity of anything with our own +knowledge, observation and experience. Second, the testimony of +others touching their observation and experience. In the testimony +of others is to be considered (1) the number, (2) the integrity, +(3) the skill of the witnesses. (4) The design of the author, where +it is a testimony out of a book cited. (5) The consistency of the +parts and circumstances of the relation. (6) Contrary testimonies.”</p> +</div> + + +<hr class="art" /> +<p><span class="bold">EVIL EYE.<a name="ar31" id="ar31"></a></span> The terror of the arts of “fascination,” <i>i.e.</i> that +certain persons can bewitch, injure and even kill with a glance, +has been and is still very widely spread. The power was not +thought to be always maliciously cultivated. It was as often +supposed to be involuntary (cf. Deuteronomy xxviii. 54); and +a story is told of a Slav who, afflicted with the evil eye, at last +blinded himself in order that he might not be the means of injuring +his children (Woyciki, <i>Polish Folklore</i>, trans. by Lewenstein, +p. 25). Few of the old classic writers fail to refer to the dread +power. In Rome the “evil eye” was so well recognized that +Pliny states that special laws were enacted against injury to +crops by incantation, excantation or fascination. The power +was styled <span class="grk" title="baskania">βασκανία</span> by the Greeks and <i>fascinatio</i> by the Latins. +Children and young animals of all kinds were thought to be specially +susceptible. Charms were worn against the evil eye both +by man and beast, and in Judges viii. 21 it is thought there is +a reference to this custom in the allusion to the “ornaments” +on the necks of camels. In classic times the wearing of amulets +was universal. They were of three classes: (1) those the intention +of which was to attract on to themselves, as the lightning-rod +the lightning, the malignant glance; (2) charms hidden +in the bosom of the dress; (3) written words from sacred writings. +Of these three types the first was most numerous. They +were oftenest of a grotesque and generally grossly obscene nature. +They were also made in the form of frogs, beetles and so on. +But the ancients did not wholly rely on amulets. Spitting was +among the Greeks and Romans a most common antidote to the +poison of the evil eye. According to Theocritus it is necessary +to spit three times into the breast of the person who fears fascination. +Gestures, too, often intentionally obscene, were regarded +as prophylactics on meeting the dreaded individual. The evil +eye was believed to have its impulse in envy, and thus it came +<span class="pagenum"><a name="page22" id="page22"></a>22</span> +to be regarded as unlucky to have any of your possessions praised. +Among the Romans, therefore, it was customary when praising +anything to add <i>Praefiscini dixerim</i> (Fain Evil! I should say). +This custom survives in modern Italy, where in like circumstances +is said <i>Si mal occhio non ci fosse</i> (May the evil eye not strike it). +The object of these conventional phrases was to prove that the +speaker was sincere and had no evil designs in his praise. Though +there is no set formula, traces of the custom are found in English +rural sayings, <i>e.g.</i> the Somersetshire “I don’t wish ee no harm, +so I on’t zay no more.” This is what the Scots call “fore-speaking,” +when praise beyond measure is likely to be followed +by disease or accident. A Manxman will never say he is very +well: he usually admits that he is “middling,” or qualifies his admission +of good health by adding “now” or “just now.” The +belief led in many countries to the saying, when one heard anybody +or anything praised superabundantly, “God preserve him +or it.” So in Ireland, to avoid being suspected of having the evil +eye, it is advisable when looking at a child to say “God bless it”; +and when passing a farm-yard where cows are collected at milking +time it is usual for the peasant to say, “The blessing of God be +on you and all your labour.” Bacon writes: “It seems some +have been so curious as to note that the times when the stroke +... of an envious eye does most hurt are particularly when +the party envied is beheld in glory and triumph.”</p> + +<p>The powers of the evil eye seem indeed to have been most +feared by the prosperous. Its powers are often quoted as almost +limitless. Thus one record solemnly declares that in a town +of Africa a fascinator called Elzanar killed by his evil art no less +than 80 people in two years (W.W. Story, <i>Castle St Angelo</i>, +1877, p. 149). The belief as affecting cattle was universal in the +Scottish Highlands as late as the 18th century and still lingers. +Thus if a stranger looks admiringly on a cow the peasants still +think she will waste away, and they offer the visitor some of her +milk to drink in the belief that in this manner the spell is broken. +The modern Turks and Arabs also think that their horses and +camels are subject to the evil eye. But the people of Italy, +especially the Neapolitans, are the best modern instances of +implicit believers. The <i>jettatore</i>, as the owner of the evil eye is +called, is so feared that at his approach it is scarcely an exaggeration +to say that a street will clear: everybody will rush +into doorways or up alleys to avoid the dreaded glance. The +<i>jettatore di bambini</i> (fascinator of children) is the most dreaded +of all. The evil eye is still much feared for horses in India, +China, Turkey, Greece and almost everywhere where horses are +found. In rural England the pig is of all animals oftenest +“overlooked.” While the Italians are perhaps the greatest +believers in the evil eye as affecting persons, the superstition +is rife in the East. In India the belief is universal. In Bombay +the blast of the evil eye is supposed to be a form of spirit-possession. +In western India all witches and wizards are said to +be evil-eyed. Modern Egyptian mothers thus account for the +sickly appearance of their babies. In Turkey passages from +the Koran are painted on the outside of houses to save the inmates, +and texts as amulets are worn upon the person, or hung +upon camels and horses by Arabs, Abyssinians and other +peoples. The superstition is universal among savage races.</p> + +<div class="condensed"> +<p>For a full discussion see <i>Evil Eye</i> by F.T. Elworthy (London, +1895); also W.W. Story, <i>Castle St Angelo and the Evil Eye</i> (1877); +E.N. Rolfe and H. Ingleby, <i>Naples in 1888</i> (1888); Johannes +Christian Frommann, <i>Tractatus de fascinatione novus et singularis</i>, +&c. , &c. (Nuremburg, 1675); R.C. Maclagan, <i>Evil Eye in the Western +Highlands</i> (1902).</p> +</div> + + +<hr class="art" /> +<p><span class="bold">EVOLUTION.<a name="ar32" id="ar32"></a></span> The modern doctrine of evolution or “evolving,” +as opposed to that of simple creation, has been defined by +Prof. James Sully in the 9th edition of this encyclopaedia as a +“natural history of the cosmos including organic beings, expressed +in physical terms as a mechanical process.” The following +exposition of the historical development of the doctrine is +taken from Sully’s article, and for the most part is in his own +words.</p> + +<p>In the modern doctrine of evolution the cosmic system appears +as a natural product of elementary matter and its laws. The +various grades of life on our planet are the natural consequences +of certain physical processes involved in the gradual transformations +of the earth. Conscious life is viewed as conditioned by +physical (organic and more especially nervous) processes, and +as evolving itself in close correlation with organic evolution. +Finally, human development, as exhibited in historical and prehistorical +records, is regarded as the highest and most complex +result of organic and physical evolution. This modern doctrine +of evolution is but an expansion and completion of those physical +theories (see below) which opened the history of speculation. +It differs from them in being grounded on exact and verified +research. As such, moreover, it is a much more limited theory +of evolution than the ancient. It does not necessarily concern +itself about the question of the infinitude of worlds in space and +in time. It is content to explain the origin and course of development +of the world, the solar or, at most, the sidereal system +which falls under our own observation. It would be difficult to +say what branches of science had done most towards the establishment +of this doctrine. We must content ourselves by referring +to the progress of physical (including chemical) theory, which has +led to the great generalization of the conservation of energy; to +the discovery of the fundamental chemical identity of the matter +of our planet and of other celestial bodies, and of the chemical +relations of organic and inorganic bodies; to the advance of +astronomical speculation respecting the origin of the solar system, +&c. ; to the growth of the science of geology which has necessitated +the conception of vast and unimaginable periods of time +in the past history of our globe, and to the rapid march of the +biological sciences which has made us familiar with the simplest +types and elements of organism; finally, to the development +of the science of anthropology (including comparative psychology, +philology, &c. ), and to the vast extension and improvement +of all branches of historical study.</p> + +<p><i>History of the Idea of Evolution.</i>—The doctrine of evolution +in its finished and definite form is a modern product. It required +for its formation an amount of scientific knowledge which could +only be very gradually acquired. It is vain, therefore, to look +for clearly defined and systematic presentations of the idea among +ancient writers. On the other hand, nearly all systems of philosophy +have discussed the underlying problems. Such questions +as the origin of the cosmos as a whole, the production of organic +beings and of conscious minds, and the meaning of the observable +grades of creation, have from the dawn of speculation occupied +men’s minds; and the answers to these questions often imply a +vague recognition of the idea of a gradual evolution of things. +Accordingly, in tracing the antecedents of the modern philosophic +doctrine we shall have to glance at most of the principal systems +of cosmology, ancient and modern. Yet since in these systems +inquiries into the <i>esse</i> and <i>fieri</i> of the world are rarely distinguished +with any precision, it will be necessary to indicate +very briefly the general outlines of the system so far as they +are necessary for understanding their bearing on the problems +of evolution.</p> + +<p><i>Mythological Interpretation.</i>—The problem of the origin of the +world was the first to engage man’s speculative activity. Nor +was this line of inquiry pursued simply as a step in the more +practical problem of man’s final destiny. The order of ideas +observable in children suggests the reflection that man began to +discuss the “whence” of existence before the “whither.” At +first, as in the case of the child, the problem of the genesis of +things was conceived anthropomorphically: the question +“How did the world arise?” first shaped itself to the human +mind under the form “Who made the world?” As long as the +problem was conceived in this simple manner there was, of course, +no room for the idea of a necessary self-conditioned evolution. +Yet the first indistinct germ of such an idea appears to emerge +in combination with that of creation in some of the ancient +systems of theogony. Thus, for example, in the myth of the +ancient Parsees, the gods Ormuzd and Ahriman are said to +evolve themselves out of a primordial matter. It may be supposed +that these crude fancies embody a dim recognition of the +physical forces and objects personified under the forms of deities, +and a rude attempt to account for their genesis as a natural +<span class="pagenum"><a name="page23" id="page23"></a>23</span> +process. These first unscientific ideas of a genesis of the permanent +objects of nature took as their pattern the process of +organic reproduction and development, and this, not only +because these objects were regarded as personalities, but also +because this particular mode of becoming would most impress +these early observers. This same way of looking at the origin +of the material world is illustrated in the Egyptian notion of a +cosmic egg out of which issues the god (Phta) who creates the +world.</p> + +<p><i>Indian Philosophy.</i>—Passing from mythology to speculation +properly so called, we find in the early systems of philosophy of +India theories of emanation which approach in some respects +the idea of evolution. Brahma is conceived as the eternal self-existent +being, which on its material side unfolds itself to the +world by gradually condensing itself to material objects through +the gradations of ether, fire, water, earth and the elements. At +the same time this eternal being is conceived as the all-embracing +world-soul from which emanates the hierarchy of individual +souls. In the later system of emanation of Sankhya there is a +more marked approach to a materialistic doctrine of evolution. +If, we are told, we follow the chain of causes far enough back +we reach unlimited eternal creative nature or matter. Out of +this “principal thing” or “original nature” all material and +spiritual existence issues, and into it will return. Yet this primordial +creative nature is endowed with volition with regard to +its own development. Its first emanation as plastic nature +contains the original soul or deity out of which all individual +souls issue.</p> + +<p><i>Early Greek Physicists.</i>—Passing by Buddhism, which, though +teaching the periodic destruction of our world by fire, &c. , does +not seek to determine the ultimate origin of the cosmos, we come +to those early Greek physical philosophers who distinctly set +themselves to eliminate the idea of divine interference with the +world by representing its origin and changes as a natural process. +The early Ionian physicists, including Thales, Anaximander and +Anaximenes, seek to explain the world as generated out of a +primordial matter (Gr. <span class="grk" title="hylê">ὕλη</span>; hence the name “Hylozoists”), +which is at the same time the universal support of things. This +substance is endowed with a generative or transmutative force +by virtue of which it passes into a succession of forms. They +thus resemble modern evolutionists, since they regard the world +with its infinite variety of forms as issuing from a simple mode +of matter. More especially the cosmology of Anaximander +resembles the modern doctrine of evolution in its conception of +the indeterminate (<span class="grk" title="to apeiron">τὸ ἄπειρον</span>) out of which the particular forms +of the cosmos are differentiated. Again, Anaximander may be +said to prepare the way for more modern conceptions of material +evolution by regarding his primordial substance as eternal, and +by looking on all generation as alternating with destruction, +each step of the process being of course simply a transformation +of the indestructible substance. Once more, the notion that +this indeterminate body contains potentially in itself the fundamental +contraries—hot, cold, &c. —by the excretion or evolution +of which definite substances were generated, is clearly a forecasting +of that antithesis of potentiality and actuality which +from Aristotle downwards has been made the basis of so many +theories of development. In conclusion, it is noteworthy that +though resorting to utterly fanciful hypotheses respecting the +order of the development of the world, Anaximander agrees with +modern evolutionists in conceiving the heavenly bodies as +arising out of an aggregation of diffused matter, and in assigning +to organic life an origin in the inorganic materials of the primitive +earth (pristine mud). The doctrine of Anaximenes, who unites +the conceptions of a determinate and indeterminate original +substance adopted by Thales and Anaximander in the hypothesis +of a primordial and all-generating air, is a clear advance on these +theories, inasmuch as it introduces the scientific idea of condensation +and rarefaction as the great generating or transforming +agencies. For the rest, his theory is chiefly important as emphasizing +the vital character of the original substance. The +primordial air is conceived as animated. Anaximenes seems +to have inclined to a view of cosmic evolution as throughout +involving a quasi-spiritual factor. This idea of the air as the +original principle and source of life and intelligence is much +more clearly expressed by a later writer, Diogenes of Apollonia. +Diogenes made this conception of a vital and intelligent air the +ground of a teleological view of climatic and atmospheric phenomena. +It is noteworthy that he sought to establish the identity +of organic and inorganic matter by help of the facts of vegetal +and animal nutrition. Diogenes distinctly taught that the world +is of finite duration, and will be renewed out of the primitive +substance.</p> + +<p>Heraclitus again deserves a prominent place in a history of +the idea of evolution. Heraclitus conceives of the incessant +process of flux in which all things are involved as consisting of +two sides or moments—generation and decay—which are regarded +as a confluence of opposite streams. In thus making +transition or change, viewed as the identity of existence and +non-existence, the leading idea of his system, Heraclitus anticipated +in some measure Hegel’s peculiar doctrine of evolution +as a dialectic process.<a name="fa1c" id="fa1c" href="#ft1c"><span class="sp">1</span></a> At the same time we may find expressed +in figurative language the germs of thoughts which enter into +still newer doctrines of evolution. For example, the notion of +conflict (<span class="grk" title="polemos">πόλεμος</span>) as the father of all things and of harmony as +arising out of a union of discords, and again of an endeavour by +individual things to maintain themselves in permanence against +the universal process of destruction and renovation, cannot but +remind one of certain fundamental ideas in Darwin’s theory of +evolution.</p> + +<p><i>Empedocles.</i>—Empedocles took an important step in the direction +of modern conceptions of physical evolution by teaching that +all things arise, not by transformations of some primitive form of +matter, but by various combinations of a number of permanent +elements. Further, by maintaining that the elements are continually +being combined and separated by the two forces love +and hatred, which appear to represent in a figurative way the +physical forces of attraction and repulsion, Empedocles may be +said to have made a considerable advance in the construction +of the idea of evolution as a strictly mechanical process. It +may be observed, too, that the hypothesis of a primitive compact +mass (<i>sphaerus</i>), in which love (attraction) is supreme, +has some curious points of similarity to, and contrast with, that +notion of a primitive nebulous matter with which the modern +doctrine of cosmic evolution usually sets out. Empedocles tries +to explain the genesis of organic beings, and, according to Lange, +anticipates the idea of Darwin that adaptations abound, because +it is their nature to perpetuate themselves. He further recognizes +a progress in the production of vegetable and animal forms, +though this part of his theory is essentially crude and unscientific. +More important in relation to the modern problems of evolution +is his thoroughly materialistic way of explaining the origin of +sensation and knowledge by help of his peculiar hypothesis of +effluvia and pores. The supposition that sensation thus rests +on a material process of absorption from external bodies naturally +led up to the idea that plants and even inorganic <span class="correction" title="amended from subtances">substances</span> +are precipient, and so to an indistinct recognition of organic life +as a scale of intelligence.</p> + +<p><i>Atomists.</i>—In the theory of Atomism taught by Leucippus +and Democritus we have the basis of the modern mechanical +conceptions of cosmic evolution. Here the endless harmonious +diversity of our cosmos, as well as of other worlds supposed to +coexist with our own, is said to arise through the various combination +of indivisible material elements differing in figure and +magnitude only. The force which brings the atoms together in +the forms of objects is inherent in the elements, and all their +motions are necessary. The origin of things, which is also their +substance, is thus laid in the simplest and most homogeneous +elements or principles. The real world thus arising consists only +of diverse combinations of atoms, having the properties of +magnitude, figure, weight and hardness, all other qualities being +relative only to the sentient organism. The problem of the +genesis of mind is practically solved by identifying the soul, +<span class="pagenum"><a name="page24" id="page24"></a>24</span> +or vital principle, with heat or fire which pervades in unequal +proportions, not only man and animals, but plants and nature +as a whole, and through the agitation of which by incoming +effluvia all sensation arises.</p> + +<p><i>Aristotle.</i>—Aristotle is much nearer a conception of evolution +than his master Plato. It is true he sets out with a transcendent +Deity, and follows Plato in viewing the creation of the cosmos +as a process of descent from the more to the less perfect according +to the distance from the original self-moving agency. Yet +on the whole Aristotle leans to a teleological theory of evolution, +which he interprets dualistually by means of certain metaphysical +distinctions. Thus even his idea of the relation of the +divine activity to the world shows a tendency to a pantheistic +notion of a divine thought which gradually realizes itself in the +process of becoming. Aristotle’s distinction of form and matter, +and his conception of becoming as a transition from actuality +to potentiality, provides a new ontological way of conceiving +the process of material and organic evolution.<a name="fa2c" id="fa2c" href="#ft2c"><span class="sp">2</span></a> To Aristotle +the whole of nature is instinct with a vital impulse towards some +higher manifestation. Organic life presents itself to him as a +progressive scale of complexity determined by its final end, +namely, man.<a name="fa3c" id="fa3c" href="#ft3c"><span class="sp">3</span></a> In some respects Aristotle approaches the +modern view of evolution. Thus, though he looked on species +as fixed, being the realization of an unchanging formative principle +(<span class="grk" title="physis">φύσις</span>), he seems, as Ueberweg observes, to have inclined +to entertain the possibility of a spontaneous generation in the +case of the lowest organisms. Aristotle’s teleological conception +of organic evolution often approaches modern mechanical +conceptions. Thus he says that nature fashions organs in the +order of their necessity, the first being those essential to life. +So, too, in his psychology he speaks of the several degrees of +mind as arising according to a progressive necessity.<a name="fa4c" id="fa4c" href="#ft4c"><span class="sp">4</span></a> In his +view of touch and taste, as the two fundamental and essential +senses, he may remind one of Herbert Spencer’s doctrine. At +the same time Aristotle precludes the idea of a natural development +of the mental series by the supposition that man contains, +over and above a natural finite soul inseparable from the body, +a substantial and eternal principle (<span class="grk" title="nous">νοῦς</span>) which enters into the +individual from without. Aristotle’s brief suggestions respecting +the origin of society and governments in the <i>Politics</i> show a +leaning to a naturalistic interpretation of human history as a +development conditioned by growing necessities.</p> + +<p><i>Strato.</i>—Of Aristotle’s immediate successors one deserves +to be noticed here, namely, Strato of Lampsacus, who developed +his master’s cosmology into a system of naturalism. +Strato appears to reject Aristotle’s idea of an original source +of movement and life extraneous to the world in favour of an +immanent principle. All parts of matter have an inward plastic +life whereby they can fashion themselves to the best advantage, +according to their capability, though not with consciousness.</p> + +<p><i>The Stoics.</i>—In the cosmology of the Stoics we have the germ +of a monistic and pantheistic conception of evolution. All things +are said to be developed out of an original being, which is at once +material (fire) and spiritual (the Deity), and in turn they will +dissolve back into this primordial source. At the same time the +world as a developed whole is regarded as an organism which is +permeated with the divine Spirit, and so we may say that the +world-process is a self-realization of the divine Being. The formative +principle or force of the world is said to contain the several +rational germinal forms of things. Individual things are supposed +to arise out of the original being, as animals and plants out +of seeds. Individual souls are an efflux from the all-compassing +world-soul. The necessity in the world’s order is regarded by +the Stoics as identical with the divine reason, and this idea is +used as the basis of a teleological and optimistic view of nature. +Very curious, in relation to modern evolutional ideas, is the +Stoical doctrine that our world is but one of a series of exactly +identical ones, all of which are destined to be burnt up and +destroyed.</p> + +<p><i>The Epicureans—Lucretius.</i>—The Epicureans differed from +the Stoics by adopting a purely mechanical view of the world-process. +Their fundamental conception is that of Democritus; +they seek to account for the formation of the cosmos, with its +order and regularity, by setting out with the idea of an original +(vertical) motion of the atoms, which somehow or other results +in movements towards and from one another. Our world is but +one of an infinite number of others, and all the harmonies and +adaptations of the universe are regarded as a special case of the +infinite possibilities of mechanical events. Lucretius regards the +primitive atoms (first beginnings or first bodies) as seeds out +of which individual things are developed. All living and sentient +things are formed out of insentient atoms (<i>e.g.</i> worms spring out +of dung). The peculiarity of organic and sentient bodies is due +to the minuteness and shape of their particles, and to their special +motions and combinations. So, too, mind consists but of extremely +fine particles of matter, and dissolves into air when the +body dies. Lucretius traces, in the fifth book of his poem, the +progressive genesis of vegetal and animal forms out of the mother-earth. +He vaguely anticipates the modern idea of the world +as a survival of the fittest when he says that many races may +have lived and died out, and that those which still exist have +been protected either by craft, courage or speed. Lucretius +touches on the development of man out of a primitive, hardy, +beast-like condition. Pregnant hints are given respecting a +natural development of language which has its germs in sounds +of quadrupeds and birds, of religious ideas out of dreams and +waking hallucinations, and of the art of music by help of the +suggestion of natural sounds. Lucretius thus recognizes the +whole range of existence to which the doctrine of evolution may +be applied.</p> + +<p><i>Neoplatonists.</i>—In the doctrines of the Neoplatonists, of +whom Plotinus is the most important, we have the world-process +represented after the example of Plato as a series of +descending steps, each being less perfect than its predecessors, +since it is further removed from the first cause.<a name="fa5c" id="fa5c" href="#ft5c"><span class="sp">5</span></a> The system +of Plotinus, Zellar remarks, is not strictly speaking one of +emanation, since there is no communication of the divine +essence to the created world; yet it resembles emanation inasmuch +as the genesis of the world is conceived as a necessary +physical effect, and not as the result of volition. In Proclus we +find this conception of an emanation of the world out of the +Deity, or the absolute, made more exact, the process being regarded +as threefold—(1) persistence of cause in effect, (2) the +departure of effect from cause, and (3) the tendency of effect to +revert to its cause.</p> + +<p><i>The Fathers.</i>—The speculations of the fathers respecting +the origin and course of the world seek to combine Christian +ideas of the Deity with doctrines of Greek philosophy. The +common idea of the origin of things is that of an absolute creation +of matter and mind alike. The course of human history is +regarded by those writers who are most concerned to refute +Judaism as a progressive divine education. Among the Gnostics +we meet with the hypothesis of emanation, as, for example, in +the curious cosmic theory of Valentinus.</p> + +<p><i>Middle Ages—Early Schoolmen.</i>—In the speculative writings +of the middle ages, including those of the schoolmen, we find +no progress towards a more accurate and scientific view of nature. +The cosmology of this period consists for the most part of the +Aristotelian teleological view of nature combined with the +Christian idea of the Deity and His relation to the world. In +certain writers, however, there appears a more elaborate transformation +of the doctrine of creation into a system of emanation. +According to John Scotus Erigena, the nothing out of which the +world is created is the divine essence. Creation is the act by +which God passes through the primordial causes, or universal +ideas, into the region of particular things (<i>processio</i>), in order +finally to return to himself (<i>reversio</i>). The transition from the +<span class="pagenum"><a name="page25" id="page25"></a>25</span> +universal to the particular is of course conceived as a descent +or degradation. A similar doctrine of emanation is to be found +in the writings of Bernhard of Chartres, who conceives the +process of the unfolding of the world as a movement in a circle +from the most general to the individual, and from this back to +the most general. This movement is said to go forth from God +to the animated heaven, stars, visible world and man, which +represent decreasing degrees of cognition.</p> + +<p><i>Arab Philosophers.</i>—Elaborate doctrines of emanation, largely +based on Neoplatonic ideas, are also propounded by some of +the Arabic philosophers, as by Fārābī and Avicenna. The +leading thought is that of a descending series of intelligences, +each emanating from its predecessor, and having its appropriate +region in the universe.</p> + +<p><i>Jewish Philosophy.</i>—In the Jewish speculations of the middle +ages may be found curious forms of the doctrine of emanations +uniting the Biblical idea of creation with elements drawn from +the Persians and the Greeks. In the later and developed form +of the Kabbala, the origin of the world is represented as a gradually +descending emanation of the lower out of the higher. Among +the philosophic Jews, the Spanish Avicebron, in his <i>Fons Vitae</i>, +expounds a curious doctrine of emanation. Here the divine will +is viewed as an efflux from the divine wisdom, as the intermediate +link between God, the first substance, and all things, +and as the fountain out of which all forms emanate. At the +same time all forms, including the higher intelligible ones, are +said to have their existence only in matter. Matter is the one +universal substance, body and mind being merely specifications +of this. Thus Avicebron approaches, as Salomon Munk +observes,<a name="fa6c" id="fa6c" href="#ft6c"><span class="sp">6</span></a> a pantheistic conception of the world, though he +distinctly denies both matter and form to God.</p> + +<p><i>Later Scholastics.</i>—Passing now to the later schoolmen, a bare +mention must be made of Thomas Aquinas, who elaborately +argues for the absolute creation of the world out of nothing, and +of Albertus Magnus, who reasons against the Aristotelian idea +of the past eternity of the world. More importance attaches to +Duns Scotus, who brings prominently forward the idea of a +progressive development in nature by means of a process of +determination. The original substance of the world is the +<i>materia primo-prima</i>, which is the immediate creation of the +Deity. This serves Duns Scotus as the most universal basis +of existence, all angels having material bodies. This matter +is differentiated into particular things (which are not privations +but perfections) through the addition of an individualizing +principle (<i>haecceitas</i>) to the universal (<i>quidditas</i>). The whole +world is represented by the figure of a tree, of which the seeds +and roots are the first indeterminate matter, the leaves the +accidents, the twigs and branches corruptible creatures, the +blossoms the rational soul, and the fruit pure spirits or angels. +It is also described as a bifurcation of two twigs, mental and +bodily creation out of a common root. One might almost say +that Duns Scotus recognizes the principle of a gradual physical +evolution, only that he chooses to represent the mechanism by +which the process is brought about by means of quaint scholastic +fictions.</p> + +<p><i>Revival of Learning.</i>—The period of the revival of learning, +which was also that of a renewed study of nature, is marked by +a considerable amount of speculation respecting the origin of +the universe. In some of these we see a return to Greek theories, +though the influence of physical discoveries, more especially those +of Copernicus, Kepler and Galileo, is distinctly traceable.</p> + +<p><i>Telesio.</i>—An example of a return to early Greek speculation +is to be met with in Bernardino Telesio. By this writer the world +is explained as a product of three principles—dead matter, and +two active forces, heat and cold. Terrestrial things arise through +a confluence of heat, which issues from the heavens, and cold, +which comes from the earth. Both principles have sensibility, +and thus all products of their collision are sentient, that is, feel +pleasure and pain. The superiority of animals to plants and +metals in the possession of special organs of sense is connected +with the greater complexity and heterogeneity of their structure.</p> + +<p><i>Giordano Bruno.</i>—In the system of Giordano Bruno, who +sought to construct a philosophy of nature on the basis of new +scientific ideas, more particularly the doctrine of Copernicus, +we find the outlines of a theory of cosmic evolution conceived +as an essentially vital process. Matter and form are here identified, +and the evolution of the world is presented as the unfolding +of the world-spirit to its perfect forms according to the plastic +substratum (matter) which is but one of its sides. This process +of change is conceived as a transformation, in appearance only, +of the real unchanging substance (matter and form). All parts +of matter are capable of developing into all forms; thus the +materials of the table and chair may under proper circumstances +be developed to the life of the plant or of the animal. The +elementary parts of existence are the <i>minima</i>, or monads, which +are at once material and mental. On their material side they are +not absolutely unextended, but spherical. Bruno looked on our +solar system as but one out of an infinite number of worlds. +His theory of evolution is essentially pantheistic, and he does not +employ his hypothesis of monads in order to work out a more +mechanical conception.</p> + +<p><i>Campanella.</i>—A word must be given to one of Bruno’s contemporary +compatriots, namely Campanella, who gave poetic +expression to that system of universal vitalism which Bruno +developed. He argues, from the principle <i>quicquid est in effectibus +esse et in causis</i>, that the elements and the whole world have +sensation, and thus he appears to derive the organic part of +nature out of the so-called “inorganic.”</p> + +<p><i>Boehme.</i>—Another writer of this transition period deserves +a passing reference here, namely, Jacob Boehme the mystic, +who by his conception of a process of inner diremption as the +essential character of all mind, and so of God, prepared the +way for later German theories of the origin of the world as +the self-differentiation and self-externalization of the absolute +spirit.</p> + +<p><i>Hobbes and Gassendi.</i>—The influence of an advancing study of +nature, which was stimulated if not guided by Bacon’s writings, +is seen in the more careful doctrines of materialism worked out +almost simultaneously by Hobbes and Gassendi. These theories, +however, contain little that bears directly on the hypothesis of +a natural evolution of things. In the view of Hobbes, the +difficulty of the genesis of conscious minds is solved by saying +that sensation and thought are part of the reaction of the organism +on external movement. Yet Hobbes appears (as Clarke +points out) to have vaguely felt the difficulty; and in a passage +of his <i>Physics</i> (chap. 25, sect. 5) he says that the universal existence +of sensation in matter cannot be disproved, though he +shows that when there are no organic arrangements the mental +side of the movement (<i>phantasma</i>) is evanescent. The theory +of the origin of society put forth by Hobbes, though directly +opposed in most respects to modern ideas of social evolution, +deserves mention here by reason of its enforcing that principle +of struggle (<i>bellum omnium contra omnes</i>) which has played +so conspicuous a part in the modern doctrine of evolution. +Gassendi, with some deviations, follows Epicurus in his theory +of the formation of the world. The world consists of a finite +number of atoms, which have in their own nature a self-moving +force or principle. These atoms, which are the seeds of all things, +are, however, not eternal but created by God. Gassendi distinctly +argues against the existence of a world-soul or a principle +of life in nature.</p> + +<p><i>Descartes.</i>—In the philosophy of Descartes we meet with a +dualism of mind and matter which does not easily lend itself +to the conception of evolution. His doctrine that consciousness +is confined to man, the lower animals being unconscious machines +(<i>automata</i>), excludes all idea of a progressive development of +mind. Yet Descartes, in his <i>Principia Philosophiae</i>, laid the +foundation of the modern mechanical conception of nature and +of physical evolution. In the third part of this work he inclines +to a thoroughly natural hypothesis respecting the genesis of the +physical world, and adds in the fourth part that the same kind +of explanation might be applied to the nature and formation +of plants and animals. He is indeed careful to keep right with +<span class="pagenum"><a name="page26" id="page26"></a>26</span> +the orthodox doctrine of creation by saying that he does not +believe the world actually arose in this mechanical way out of +the three kinds of elements which he here supposes, but that he +simply puts out his hypothesis as a mode of conceiving how it +might have arisen. Descartes’s account of the mind and its +passions is thoroughly materialistic, and to this extent he works +in the direction of a materialistic explanation of the origin of +mental life.</p> + +<p><i>Spinoza.</i>—In Spinoza’s pantheistic theory of the world, which +regards thought and extension as but two sides of one substance, +the problem of becoming is submerged in that of being. Although +Spinoza’s theory attributes a mental side to all physical +events, he rejects all teleological conceptions and explains the +order of things as the result of an inherent necessity. He recognizes +gradations of things according to the degree of complexity +of their movements and that of their conceptions. To Spinoza +(as Kuno Fischer observes) man differs from the rest of nature +in the degree only and not in the kind of his powers. So far +Spinoza approaches the conception of evolution. He may be +said to furnish a further contribution to a metaphysical conception +of evolution in his view of all finite individual things +as the infinite variety to which the unlimited productive power +of the universal substance gives birth. Sir F. Pollock has +taken pains to show how nearly Spinoza approaches certain +ideas contained in the modern doctrine of evolution, as for +example that of self-preservation as the determining force in +things.</p> + +<p><i>Locke.</i>—In Locke we find, with a retention of certain anti-evolutionist +ideas, a marked tendency to this mode of viewing +the world. To Locke the universe is the result of a direct act of +creation, even matter being limited in duration and created. +Even if matter were eternal it would, he thinks, be incapable of +producing motion; and if motion is itself conceived as eternal, +thought can never begin to be. The first eternal being is thus +spiritual or “cogitative,” and contains in itself all the perfections +that can ever after exist. He repeatedly insists on the impossibility +of senseless matter putting on sense.<a name="fa7c" id="fa7c" href="#ft7c"><span class="sp">7</span></a> Yet while thus +placing himself at a point of view opposed to that of a gradual +evolution of the organic world, Locke prepared the way for this +doctrine in more ways than one. First of all, his genetic method +as applied to the mind’s ideas—which laid the foundations of +English analytical psychology—was a step in the direction of +a conception of mental life as a gradual evolution. Again he +works towards the same end in his celebrated refutation of the +scholastic theory of real specific essences. In this argument he +emphasizes the vagueness of the boundaries which mark off +organic species with a view to show that these do not correspond +to absolutely fixed divisions in the objective world, that they +are made by the mind, not by nature.<a name="fa8c" id="fa8c" href="#ft8c"><span class="sp">8</span></a> This idea of the continuity +of species is developed more fully in a remarkable passage +(<i>Essay</i>, bk. iii. ch. vi. § 12), where he is arguing in favour of the +hypothesis, afterwards elaborated by Leibnitz, of a graduated +series of minds (species of spirits) from the Deity down to the +lowest animal intelligence. He here observes that “all quite +down from us the descent is by easy steps, and a continued +series of things, that in each remove differ very little from one +another.” Thus man approaches the beasts, and the animal +kingdom is nearly joined with the vegetable, and so on down +to the lowest and “most inorganical parts of matter.” Finally, +it is to be observed that Locke had a singularly clear view of +organic arrangements (which of course he explained according +to a theistic teleology) as an adaptation to the circumstances +of the environment or to “the neighbourhood of the bodies that +surround us.” Thus he suggests that man has not eyes of a +microscopic delicacy, because he would receive no great advantage +from such acute organs, since though adding indefinitely +to his speculative knowledge of the physical world they would +not practically benefit their possessor (<i>e.g.</i> by enabling him to +avoid things at a convenient distance).<a name="fa9c" id="fa9c" href="#ft9c"><span class="sp">9</span></a></p> + +<p><i>Idea of Progress in History.</i>—Before leaving the 17th century +we must just refer to the writers who laid the foundations of the +essentially modern conception of human history as a gradual +upward progress. According to Flint,<a name="fa10c" id="fa10c" href="#ft10c"><span class="sp">10</span></a> there were four men who +in this and the preceding century seized and made prominent +this idea, namely, Bodin, Bacon, Descartes and Pascal. The +former distinctly argues against the idea of a deterioration of +man in the past. In this way we see that just as advancing +natural science was preparing the way for a doctrine of physical +evolution, so advancing historical research was leading to the +application of a similar idea to the collective human life.</p> + +<p><i>English Writers of the 18th Century—Hume.</i>—The theological +discussions which make up so large a part of the English speculation +of the 18th century cannot detain us here. There is, +however, one writer who sets forth so clearly the alternative +suppositions respecting the origin of the world that he claims a +brief notice. We refer to David Hume. In his <i>Dialogues concerning +Natural Religion</i> he puts forward tentatively, in the +person of one of his interlocutors, the ancient hypothesis that +since the world resembles an animal or vegetal organism rather +than a machine, it might more easily be accounted for by a process +of generation than by an act of creation. Later on he +develops the materialistic view of Epicurus, only modifying it +so far as to conceive of matter as finite. Since a finite number +of particles is only susceptible of finite transpositions, it must +happen (he says), in an eternal duration that every possible +order or position will be tried an infinite number of times, and +hence this world is to be regarded (as the Stoics maintained) as an +exact reproduction of previous worlds. The speaker seeks to +make intelligible the appearance of art and contrivance in the +world as a result of a natural settlement of the universe (which +passes through a succession of chaotic conditions) into a stable +condition, having a constancy in its forms, yet without its +several parts losing their motion and fluctuation.</p> + +<p><i>French Writers of the 18th Century.</i>—Let us now pass to the +French writers of the 18th century. Here we are first struck +by the results of advancing physical speculation in their bearing +on the conception of the world. Careful attempts, based on new +scientific truths, are made to explain the genesis of the world as +a natural process. Maupertuis, who, together with Voltaire, +introduced the new idea of the universe as based on Newton’s +discoveries, sought to account for the origin of organic things by +the hypothesis of sentient atoms. Buffon the naturalist speculated, +not only on the structure and genesis of organic beings, +but also on the course of formation of the earth and solar system, +which he conceived after the analogy of the development of +organic beings out of seed. Diderot, too, in his varied intellectual +activity, found time to speculate on the genesis of sensation +and thought out of a combination of matter endowed with an +elementary kind of sentience. De la Mettrie worked out a +materialistic doctrine of the origin of things, according to which +sensation and consciousness are nothing but a development out +of matter. He sought (<i>L’Homme-machine</i>) to connect man in +his original condition with the lower animals, and emphasized +(<i>L’Homme-plante</i>) the essential unity of plan of all living things. +Helvétius, in his work on man, referred all differences between +our species and the lower animals to certain peculiarities of +organization, and so prepared the way for a conception of human +development out of lower forms as a process of physical evolution. +Charles Bonnet met the difficulty of the origin of conscious beings +much in the same way as Leibnitz, by the supposition of eternal +minute organic bodies to which are attached immortal souls. +Yet though in this way opposing himself to the method of the +modern doctrine of evolution, he aided the development of +this doctrine by his view of the organic world as an ascending +<span class="pagenum"><a name="page27" id="page27"></a>27</span> +scale from the simple to the complex. Robinet, in his treatise +<i>De la nature</i>, worked out the same conception of a gradation in +organic existence, connecting this with a general view of nature +as a progress from the lowest inorganic forms of matter up to +man. The process is conceived as an infinite series of variations +or specifications of one primitive and common type. Man is +the <i>chef-d’œuvre</i> of nature, which the gradual progression of +beings was to have as its last term, and all lower creations are +regarded as pre-conditions of man’s existence, since nature +“could only realize the human form by combining in all imaginable +ways each of the traits which was to enter into it.” The +formative force in this process of evolution (or “metamorphosis”) +is conceived as an intellectual principle (<i>idée génératrice</i>). +Robinet thus laid the foundation of that view of the world as +wholly vital, and as a progressive unfolding of a spiritual formative +principle, which was afterwards worked out by Schelling. +It is to be added that Robinet adopted a thorough-going +materialistic view of the dependence of mind on body, going +even to the length of assigning special nerve-fibres to the moral +sense. The system of Holbach seeks to provide a consistent +materialistic view of the world and its processes. Mental operations +are identified with physical movements, the three conditions +of physical movement, inertia, attraction and repulsion, +being in the moral world self-love, love and hate. He left open +the question whether the capability of sensation belongs to all +matter, or is confined to the combinations of certain materials. +He looked on the actions of the individual organism and of +society as determined by the needs of self-preservation. He +conceived of man as a product of nature that had gradually +developed itself from a low condition, though he relinquished the +problem of the exact mode of his first genesis and advance as +not soluble by data of experience. Holbach thus worked out the +basis of a rigorously materialistic conception of evolution.</p> + +<p>The question of human development which Holbach touched +on was one which occupied many minds both in and out of +France during the 18th century, and more especially towards +its close. The foundations of this theory of history as an upward +progress of man out of a barbaric and animal condition were +laid by Vico in his celebrated work <i>Principii di scienza nuova</i>. +In France the doctrine was represented by Turgot and Condorcet.</p> + +<p><i>German Writers of the 18th Century—Leibnitz.</i>—In Leibnitz +we find, if not a doctrine of evolution in the strict sense, a theory +of the world which is curiously related to the modern doctrine. +The chief aim of Leibnitz is no doubt to account for the world +in its static aspect as a co-existent whole, to conceive the ultimate +reality of things in such a way as to solve the mystery of mind +and matter. Yet by his very mode of solving the problem he +is led on to consider the nature of the world-process. By placing +substantial reality in an infinite number of monads whose essential +nature is force or activity, which is conceived as mental +(representation), Leibnitz was carried on to the explanation of +the successive order of the world. He prepares the way, too, +for a doctrine of evolution by his monistic idea of the substantial +similarity of all things, inorganic and organic, bodily and spiritual, +and still more by his conception of a perfect gradation of existence +from the lowest “inanimate” objects, whose essential activity +is confused representation, up to the highest organized being—man—with +his clear intelligence.<a name="fa11c" id="fa11c" href="#ft11c"><span class="sp">11</span></a> Turning now to Leibnitz’s +conception of the world as a process, we see first that he supplies, +in his notion of the underlying reality as force which is represented +as spiritual (<i>quelque chose d’analogique au sentiment et +à l’appétit</i>), both a mechanical and a teleological explanation of +its order. More than this, Leibnitz supposes that the activity +of the monads takes the form of a self-evolution. It is the following +out of an inherent tendency or impulse to a series of changes, +all of which were virtually pre-existent, and this process cannot +be interfered with from without. As the individual monad, +so the whole system which makes up the world is a gradual +development. In this case, however, we cannot say that each +step goes out of the other as in that of individual development. +Each monad is an original independent being, and is determined +to take this particular point in the universe, this place in the scale +of beings. We see how different this metaphysical conception +is from that scientific notion of cosmic evolution in which the +lower stages are the antecedents and conditions of the higher. +It is probable that Leibnitz’s notion of time and space, which +approaches Kant’s theory, led him to attach but little importance +to the successive order of the world. Leibnitz, in fact, presents +to us an infinite system of perfectly distinct though parallel +developments, which on their mental side assume the aspect of +a scale, not through any mutual action, but solely through +the determination of the Deity. Even this idea, however, is +incomplete, for Leibnitz fails to explain the physical aspect of +development. Thus he does not account for the fact that organic +beings—which have always existed as preformations (in the case +of animals as <i>animaux spermatiques</i>)—come to be developed +under given conditions. Yet Leibnitz prepared the way for a +new conception of organic evolution. The modern monistic +doctrine, that all material things consist of sentient elements, +and that consciousness arises through a combination of these, +was a natural transformation of Leibnitz’s theory.<a name="fa12c" id="fa12c" href="#ft12c"><span class="sp">12</span></a></p> + +<p><i>Lessing.</i>—Of Leibnitz’s immediate followers we may mention +Lessing, who in his <i>Education of the Human Race</i> brought out +the truth of the process of gradual development underlying +human history, even though he expressed this in a form inconsistent +with the idea of a spontaneous evolution.</p> + +<p><i>Herder.</i>—Herder, on the other hand, Lessing’s contemporary, +treated the subject of man’s development in a thoroughly +naturalistic spirit. In his I<i>deen zur Philosophie der Geschichte</i>, +Herder adopts Leibnitz’s idea of a graduated scale of beings, at +the same time conceiving of the lower stages as the conditions +of the higher. Thus man is said to be the highest product of +nature, and as such to be dependent on all lower products. All +material things are assimilated to one another as organic, the +vitalizing principle being inherent in all matter. The development +of man is explained in connexion with that of the earth, +and in relation to climatic variations, &c. Man’s mental faculties +are viewed as related to his organization, and as developed under +the pressure of the necessities of life.<a name="fa13c" id="fa13c" href="#ft13c"><span class="sp">13</span></a></p> + +<p><i>Kant.</i>—Kant’s relation to the doctrine of evolution is a +many-sided one. In the first place, his peculiar system of subjective +idealism, involving the idea that time is but a mental +form to which there corresponds nothing in the sphere of +noümenal reality, serves to give a peculiar philosophical interpretation +to every doctrine of cosmic evolution. Kant, like +Leibnitz, seeks to reconcile the mechanical and teleological +views of nature, only he assigns to these different spheres. The +order of the inorganic world is explained by properly physical +causes. In his <i>Naturgeschichte des Himmels</i>, in which he anticipated +the nebular theory afterwards more fully developed by +Laplace, Kant sought to explain the genesis of the cosmos as +a product of physical forces and laws. The worlds, or systems +of worlds, which fill infinite space are continually being formed +and destroyed. Chaos passes by a process of evolution into a +cosmos, and this again into chaos. So far as the evolution of +the solar system is concerned, Kant held these mechanical causes +as adequate. For the world as a whole, however, he postulated +a beginning in time (whence his use of the word creation), and +further supposed that the impulse of organization which was +conveyed to chaotic matter by the Creator issued from a central +point in the infinite space spreading gradually outwards.<a name="fa14c" id="fa14c" href="#ft14c"><span class="sp">14</span></a> While +<span class="pagenum"><a name="page28" id="page28"></a>28</span> +in his cosmology Kant thus relies on mechanical conceptions, in +his treatment of organic life his mind is, on the contrary, dominated +by teleological ideas. An organism was to him something +controlled by a formative organizing principle. It was natural, +therefore, that he rejected the idea of a spontaneous generation +of organisms (which was just then being advocated by his friend +Forster), not only as unsupported by experience but as an inadequate +hypothesis. Experience forbids our excluding organic +activity from natural causes, also our excluding intelligence from +purposeful (<i>zwecktätigen</i>) causes; hence experience forbids our +defining the fundamental force or first cause out of which living +creatures arose.<a name="fa15c" id="fa15c" href="#ft15c"><span class="sp">15</span></a> Just as Kant thus sharply marks off the regions +of the inorganic and the organic, so he sets man in strong opposition +to the lower animals. His ascription to man of a unique +faculty, free-will, forbade his conceiving our species as a link +in a graduated series of organic developments. In his doctrine +of human development he does indeed recognize an early stage +of existence in which our species was dominated by sensuous +enjoyment and instinct. He further conceives of this stage as +itself a process of (natural) development, namely, of the natural +disposition of the species to vary in the greatest possible manner +so as to preserve its unity through a process of self-adaptation +(<i>Anarten</i>) to climate. This, he says, must not be conceived as +resulting from the action of external causes, but is due to a +natural disposition (<i>Anlage</i>). From this capability of natural +development (which already involves a teleological idea) Kant +distinguishes the power of moral self-development or self-liberation +from the dominion of nature, the gradual realization +of which constitutes human history or progress. This moral +development is regarded as a gradual approach to that rational, +social and political state in which will be realized the greatest +possible quantity of liberty. Thus Kant, though he appropriated +and gave new form to the idea of human progress, conceived of +this as wholly distinct from a natural (mechanical) process. +In this particular, as in his view of organic actions, Kant distinctly +opposed the idea of evolution as one universal process +swaying alike the physical and the moral world.</p> + +<p><i>Schelling.</i>—In the earlier writings of Schelling, containing +the philosophy of identity, existence is represented as a becoming, +or process of evolution. Nature and mind (which are the +two sides, or polar directions, of the one absolute) are each +viewed as an activity advancing by an uninterrupted succession +of stages. The side of this process which Schelling worked out +most completely is the negative side, that is, nature. Nature +is essentially a process of organic self-evolution. It can only be +understood by subordinating the mechanical conception to the +vital, by conceiving the world as one organism animated by a +spiritual principle or intelligence (<i>Weltseele</i>). From this point +of view the processes of nature from the inorganic up to the most +complex of the organic become stages in the self-realization of +nature. All organic forms are at bottom but one organization, +and the inorganic world shows the same formative activity in +various degrees or potences. Schelling conceives of the gradual +self-evolution of nature in a succession of higher and higher forms +as brought about by a limitation of her infinite productivity, +showing itself in a series of points of arrest. The detailed exhibition +of the organizing activity of nature in the several processes +of the organic and inorganic world rests on a number of fanciful +and unscientific ideas. Schelling’s theory is a bold attempt to +revitalize nature in the light of growing physical and physiological +science, and by so doing to comprehend the unity of the +world under the idea of one principle of organic development. +His highly figurative language might leave us in doubt how far +he conceived the higher stages of this evolution of nature as +following the lower in time. In the introduction to his work +<i>Von der Weltseele</i>, however, he argues in favour of the possibility +of a transmutation of species in periods incommensurable with +ours. The evolution of mind (the positive pole) proceeds by +way of three stages—theoretic, practical and aesthetical activity. +Schelling’s later theosophic speculations do not specially concern +us here.</p> + +<p><i>Followers of Schelling.</i>—Of the followers of Schelling a word +or two must be said. Heinrich Steffens, in his <i>Anthropologie</i>, +seeks to trace out the origin and history of man in connexion +with a general theory of the development of the earth, and this +again as related to the formation of the solar system. All these +processes are regarded as a series of manifestations of a vital +principle in higher and higher forms. Oken, again, who carries +Schelling’s ideas into the region of biological science, seeks to +reconstruct the gradual evolution of the material world out of +original matter, which is the first immediate appearance of God, +or the absolute. This process is an upward one, through the +formation of the solar system and of our earth with its inorganic +bodies, up to the production of man. The process is essentially +a polar linear action, or differentiation from a common centre. +By means of this process the bodies of the solar system separate +themselves, and the order of cosmic evolution is repeated in +that of terrestrial evolution. The organic world (like the world +as a whole) arises out of a primitive chaos, namely, the infusorial +slime. A somewhat similar working out of Schelling’s idea is +to be found in H.C. Oersted’s work entitled <i>The Soul in Nature</i> +(Eng. trans.). Of later works based on Schelling’s doctrine of +evolution mention may be made of the volume entitled <i>Natur +und Idee</i>, by G.F. Carus. According to this writer, existence is +nothing but a becoming, and matter is simply the momentary +product of the process of becoming, while force is this process +constantly revealing itself in these products.</p> + +<p><i>Hegel.</i>—Like Schelling, Hegel conceives the problem of existence +as one of becoming. He differs from him with respect to +the ultimate motive of that process of gradual evolution which +reveals itself alike in nature and in mind. With Hegel the +absolute is itself a dialectic process which contains within itself +a principle of progress from difference to difference and from +unity to unity. “This process (W. Wallace remarks) knows +nothing of the distinctions between past and future, because it +implies an eternal present.” This conception of an immanent +spontaneous evolution is applied alike both to nature and to +mind and history. Nature to Hegel is the idea in the form of +hetereity; and finding itself here it has to remove this exteriority +in a progressive evolution towards an existence for itself in life +and mind. Nature (says Zeller) is to Hegel a system of gradations, +of which one arises necessarily out of the other, and is the +proximate truth of that out of which it results. There are three +stadia, or moments, in this process of nature—(1) the mechanical +moment, or matter devoid of individuality; (2) the physical +moment, or matter which has particularized itself in bodies—the +solar system; and (3) the organic moment, or organic beings, +beginning with the geological organism—or the mineral kingdom, +plants and animals. Yet this process of development is not to +be conceived as if one stage is naturally produced out of the other, +and not even as if the one followed the other in time. Only +spirit has a history; in nature all forms are contemporaneous.<a name="fa16c" id="fa16c" href="#ft16c"><span class="sp">16</span></a> +Hegel’s interpretation of mind and history as a process of evolution +has more scientific interest than his conception of nature. +His theory of the development of free-will (the objective spirit), +which takes its start from Kant’s conception of history, with +its three stages of legal right, morality as determined by motive +and instinctive goodness (<i>Sittlichkeit</i>), might almost as well be +expressed in terms of a thoroughly naturalistic doctrine of +human development. So, too, some of his conceptions respecting +the development of art and religion (the absolute spirit) lend +themselves to a similar interpretation. Yet while, in its application +to history, Hegel’s theory of evolution has points of resemblance +with those doctrines which seek to explain the world-process +as one unbroken progress occurring in time, it constitutes +on the whole a theory apart and <i>sui generis</i>. It does not conceive +of the organic as succeeding on the inorganic, or of conscious life +<span class="pagenum"><a name="page29" id="page29"></a>29</span> +as conditioned in time by lower forms. In this respect it resembles +Leibnitz’s idea of the world as a development; the idea +of evolution is in each case a metaphysical as distinguished from +a scientific one. Hegel gives a place in his metaphysical system +to the mechanical and the teleological views; yet in his treatment +of the world as an evolution the idea of end or purpose is the +predominant one.</p> + +<p>Of the followers of Hegel who have worked out his peculiar +idea of evolution it is hardly necessary to speak. A bare reference +may be made to J.K. F. Rosenkranz, who in his work <i>Hegel’s +Naturphilosophie</i> seeks to develop Hegel’s idea of an earth-organism +in the light of modern science, recognizing in crystallization +the morphological element.</p> + +<p><i>Schopenhauer.</i>—Of the other German philosophers immediately +following Kant, there is only one who calls for notice here, +namely, Arthur Schopenhauer. This writer, by his conception of +the world as will which objectifies itself in a series of gradations +from the lowest manifestations of matter up to conscious man, +gives a slightly new shape to the evolutional view of Schelling, +though he deprives this view of its optimistic character by +denying any co-operation of intelligence in the world-process. +In truth, Schopenhauer’s conception of the world as the activity +of a blind force is at bottom a materialistic and mechanical +rather than a spiritualistic and teleological theory. Moreover, +Schopenhauer’s subjective idealism, and his view of time as +something illusory, hindered him from viewing this process as a +sequence of events in time. Thus he ascribes eternity of existence +to species under the form of the “Platonic ideas.” As Ludwig +Noiré observes, Schopenhauer has no feeling for the problem +of the origin of organic beings. He says Lamarck’s original +animal is something metaphysical, not physical, namely, the +will to live. “Every species (according to Schopenhauer) has of +its own will, and according to the circumstances under which +it would live, determined its form and organization,—yet not +as something physical in time, but as something metaphysical +out of time.”</p> + +<p><i>Von Baer.</i>—Before leaving the German speculation of the +first half of the century, a word must be said of von Baer, to +whose biological contributions we shall refer later in this article, +who recognized in the law of development the law of the universe +as a whole. In his <i>Entwickelungsgeschichte der Thiere</i> (p. 264) +he distinctly tells us that the law of growing individuality is +“the fundamental thought which goes through all forms and +degrees of animal development and all single relations. It is +the same thought which collected in the cosmic space the divided +masses into spheres, and combined these to solar systems; +the same which caused the weather-beaten dust on the surface +of our metallic planet to spring forth into living forms.” Von +Baer thus prepared the way for Herbert Spencer’s generalization +of the law of organic evolution as the law of all evolution.</p> + +<p><i>Comte.</i>—As we arrive at the 19th century, though yet before the +days of Darwin, biology is already beginning to affect the general +aspect of thought. It might suffice to single out the influence +of Auguste Comte, as the last great thinker who wrote before +Darwinism began to permeate philosophic speculation. Though +Comte did not actually contribute to a theory of cosmic organic +evolution, he helped to lay the foundations of a scientific conception +of human history as a natural process of development +determined by general laws of human nature together with the +accumulating influences of the past. Comte does not recognize +that this process is aided by any increase of innate capacity; +on the contrary, progress is to him the unfolding of fundamental +faculties of human nature which always pre-existed in a latent +condition; yet he may perhaps be said to have prepared the +way for the new conception of human progress by his inclusion +of mental laws under biology.</p> + +<p><i>Development of the Biological Doctrine.</i>—In the 19th century +the doctrine of evolution received new biological contents and +became transformed from a vague, partly metaphysical theory +to the dominant modern conception. At this point it is convenient +to leave the guidance of Professor J. Sully and to follow +closely T.H. Huxley, who in the 9th edition of this encyclopaedia +traced the history of the growth of the biological idea of evolution +from its philosophical beginnings to its efflorescence in Charles +Darwin.</p> + +<p>In the earlier half of the 18th century the term “evolution” +was introduced into biological writings in order to denote the +mode in which some of the most eminent physiologists of that +time conceived that the generation of living things took place; +in opposition to the hypothesis advocated, in the preceding +century, by W. Harvey in that remarkable work<a name="fa17c" id="fa17c" href="#ft17c"><span class="sp">17</span></a> which would +give him a claim to rank among the founders of biological science, +even had he not been the discoverer of the circulation of the +blood.</p> + +<p>One of Harvey’s prime objects is to defend and establish, on +the basis of direct observation, the opinion already held by +Aristotle, that, in the higher animals at any rate, the formation +of the new organism by the process of generation takes place, +not suddenly, by simultaneous accretion of rudiments of all or +the most important of the organs of the adult, nor by sudden +metamorphosis of a formative substance into a miniature of +the whole, which subsequently grows, but by <i>epigenesis</i>, or +successive differentiation of a relatively homogeneous rudiment +into the parts and structures which are characteristic of the +adult.</p> + +<div class="condensed"> +<p>“Et primo, quidem, quoniam per <i>epigenesin</i> sive partium superexorientium +additamentum pullum fabricari certum est: quaenam +pars ante alias omnes exstruatur, et quid de illa ejusque generandi +modo observandum veniat, dispiciemus. Ratum sane est et in ovo +manifeste apparet quod <i>Aristoteles</i> de perfectorum animalium generatione +enuntiat: nimirum, non omnes partes simul fieri, sed ordine +aliam post aliam; primumque existere particulam genitalem, cujus +virtute postea (tanquam ex principio quodam) reliquae omnes +partes prosiliant. Qualem in plantarum seminibus (fabis, puta, +aut glandibus) gemmam sive apicem protuberantem cernimus, totius +futurae arboris principium. <i>Estque haec particula velut filius emancipatus +seorsumque collocatus, et principium per se vivens; unde +postea membrorum ordo describitur; et quaecunque ad absolvendum +animal pertinent, disponuntur.</i><a name="fa18c" id="fa18c" href="#ft18c"><span class="sp">18</span></a> Quoniam enim <i>nulla pars se ipsam +generat; sed postquam generata est, se ipsam jam auget; ideo eam +primum oriri necesse est, quae principium augendi contineat</i> (<i>sive +enim planta, sive animal est, aeque omnibus inest quod vim habeat +vegetandi, sive nutriendi</i>),<a name="fa19c" id="fa19c" href="#ft19c"><span class="sp">19</span></a> simulque reliquas omnes partes suo +quamque ordine distinguat et formet; proindeque in eadem primogenita +particula anima primario inest, sensus, motusque, et totius +vitae auctor et principium.” (<i>Exercitatio</i> 51.)</p> +</div> + +<p>Harvey proceeds to contrast this view with that of the +“Medici,” or followers of Hippocrates and Galen, who, “badly +philosophizing,” imagined that the brain, the heart, and the +liver were simultaneously first generated in the form of vesicles; +and, at the same time, while expressing his agreement with +Aristotle in the principle of epigenesis, he maintains that it is +the blood which is the primal generative part, and not, as +Aristotle thought, the heart.</p> + +<p>In the latter part of the 17th century the doctrine of epigenesis +thus advocated by Harvey was controverted on the ground of +direct observation by M. Malpighi, who affirmed that the body +of the chick is to be seen in the egg before the <i>punctum sanguineum</i> +makes it appearance. But from this perfectly correct observation +a conclusion which is by no means warranted was drawn, +namely, that the chick as a whole really exists in the egg antecedently +to incubation; and that what happens in the course of +the latter process is no addition of new parts, “alias post alias +natas,” as Harvey puts it, but a simple expansion or unfolding +of the organs which already exist, though they are too small +and inconspicuous to be discovered. The weight of Malpighi’s +observations therefore fell into the scale of that doctrine which +Harvey terms metamorphosis, in contradistinction to epigenesis.</p> + +<p>The views of Malpighi were warmly welcomed on philosophical +grounds by Leibnitz,<a name="fa20c" id="fa20c" href="#ft20c"><span class="sp">20</span></a> who found in them a support to his +<span class="pagenum"><a name="page30" id="page30"></a>30</span> +hypothesis of monads, and by Nicholas Malebranche;<a name="fa21c" id="fa21c" href="#ft21c"><span class="sp">21</span></a> while, in +the middle of the 18th century, not only speculative considerations, +but a great number of new and interesting observations on +the phenomena of generation, led the ingenious Charles Bonnet +and A. von Haller, the first physiologist of the age, to adopt, +advocate and extend them.</p> + +<p>Bonnet affirms that, before fecundation, the hen’s egg contains +an excessively minute but complete chick; and that fecundation +and incubation simply cause this germ to absorb nutritious +matters, which are deposited in the interstices of the elementary +structures of which the miniature chick, or germ, is made up. +The consequence of this intussusceptive growth is the “development” +or “evolution” of the germ into the visible bird. Thus +an organized individual (<i>tout organisé</i>) “is a composite body +consisting of the original, or <i>elementary</i>, parts and of the matters +which have been associated with them by the aid of nutrition”; +so that, if these matters could be extracted from the individual +(<i>tout</i>), it would, so to speak, become concentrated in a point, +and would thus be restored to its primitive condition of a <i>germ</i>; +“just as, by extracting from a bone the calcareous substance +which is the source of its hardness, it is reduced to its primitive +state of gristle or membrane.”<a name="fa22c" id="fa22c" href="#ft22c"><span class="sp">22</span></a></p> + +<p>“Evolution” and “development” are, for Bonnet, synonymous +terms; and since by “evolution” he means simply the +expansion of that which was invisible into visibility, he was +naturally led to the conclusion, at which Leibnitz had arrived +by a different line of reasoning, that no such thing as generation, +in the proper sense of the word exists in nature. The growth of +an organic being is simply a process of enlargement, as a particle +of dry gelatine may be swelled up by the intussusception of +water; its death is a shrinkage, such as the swelled jelly might +undergo on desiccation. Nothing really new is produced in the +living world, but the germs which develop have existed since the +beginning of things; and nothing really dies, but, when what we +call death takes place, the living thing shrinks back into its germ +state.<a name="fa23c" id="fa23c" href="#ft23c"><span class="sp">23</span></a></p> + +<p>The two parts of Bonnet’s hypothesis, namely, the doctrine +that all living things proceed from pre-existing germs, and that +these contain, one enclosed within the other, the germs of all +future living things, which is the hypothesis of “emboîtement,” +and the doctrine that every germ contains in miniature all the +organs of the adult, which is the hypothesis of evolution or +development, in the primary senses of these words, must be +carefully distinguished. In fact, while holding firmly by the +former, Bonnet more or less modified the latter in his later +writings, and, at length, he admits that a “germ” need not be +an actual miniature of the organism, but that it may be +merely an “original preformation” capable of producing the +latter.<a name="fa24c" id="fa24c" href="#ft24c"><span class="sp">24</span></a></p> + +<p>But, thus defined, the germ is neither more nor less than the +“particula genitalis” of Aristotle, or the “primordium vegetale” +or “ovum” of Harvey; and the “evolution” of such a germ +would not be distinguishable from “epigenesis.”</p> + +<p>Supported by the great authority of Haller, the doctrine of +evolution, or development, prevailed throughout the whole +of the 18th century, and Cuvier appears to have substantially +adopted Bonnet’s later views, though probably he would not +have gone all lengths in the direction of “emboîtement.” In +a well-known note to Charles Leopold Laurillard’s <i>Éloge</i>, prefixed +to the last edition of the <i>Ossemens fossiles</i>, the “radical de l’être” +is much the same thing as Aristotle’s “particula genitalis” and +Harvey’s “ovum.”<a name="fa25c" id="fa25c" href="#ft25c"><span class="sp">25</span></a></p> + +<p>Bonnet’s eminent contemporary, Buffon, held nearly the same +views with respect to the nature of the germ, and expresses them +even more confidently.</p> + +<div class="condensed"> +<p>“Ceux qui ont cru que le cœur étoit le premier formé, se sont +trompés; ceux qui disent que c’est le sang se trompent aussi: tout +est formé en même temps. Si l’on ne consulte que l’observation, le +poulet se voit dans l’œuf avant qu’il ait été couvé.”<a name="fa26c" id="fa26c" href="#ft26c"><span class="sp">26</span></a></p> + +<p>“J’ai ouvert une grande quantité d’œufs à differens temps avant +et après l’incubation, et je me suis convaincu par mes yeux que le +poulet existe en entier dans le milieu de la cicatrule au moment +qu’il sort du corps de la poule.”<a name="fa27c" id="fa27c" href="#ft27c"><span class="sp">27</span></a></p> +</div> + +<p>The “moule intérieur” of Buffon is the aggregate of elementary +parts which constitute the individual, and is thus the +equivalent of Bonnet’s germ,<a name="fa28c" id="fa28c" href="#ft28c"><span class="sp">28</span></a> as defined in the passage cited +above. But Buffon further imagined that innumerable “molécules +organiques” are dispersed throughout the world, and that +alimentation consists in the appropriation by the parts of an +organism of those molecules which are analogous to them. +Growth, therefore, was, on this hypothesis, partly a process +of simple evolution, and partly of what has been termed syngenesis. +Buffon’s opinion is, in fact, a sort of combination of +views, essentially similar to those of Bonnet, with others, somewhat +similar to those of the “Medici” whom Harvey condemns. +The “molécules organiques” are physical equivalents of Leibnitz’s +“monads.”</p> + +<p>It is a striking example of the difficulty of getting people +to use their own powers of investigation accurately, that this +form of the doctrine of evolution should have held its ground +so long; for it was thoroughly and completely exploded, not +long after its enunciation, by Caspar Frederick Wolff, who in his +<i>Theoria generatìonis</i>, published in 1759, placed the opposite +theory of epigenesis upon the secure foundation of fact, from +which it has never been displaced. But Wolff had no immediate +<span class="pagenum"><a name="page31" id="page31"></a>31</span> +successors. The school of Cuvier was lamentably deficient in +embryologists; and it was only in the course of the first thirty +years of the 19th century that Prévost and Dumas in France, +and, later on, Döllinger, Pander, von Bär, Rathke, and Remak +in Germany, founded modern embryology; and, at the same +time, proved the utter incompatibility of the hypothesis of +evolution as formulated by Bonnet and Haller with easily +demonstrable facts.</p> + +<p>Nevertheless, though the conceptions originally denoted +by “evolution” and “development” were shown to be untenable, +the words retained their application to the process by which +the embryos of living beings gradually make their appearance; +and the terms “development,” “Entwickelung,” and “evolutio” +are now indiscriminately used for the series of genetic changes +exhibited by living beings, by writers who would emphatically +deny that “development” or “Entwickelung” or “evolutio,” +in the sense in which these words were usually employed by +Bonnet or Haller, ever occurs.</p> + +<p>Evolution, or development, is, in fact, at present employed +in biology as a general name for the history of the steps by +which any living being has acquired the morphological and the +physiological characters which distinguish it. As civil history +may be divided into biography, which is the history of individuals, +and universal history, which is the history of the human race, +so evolution falls naturally into two categories—the evolution +of the individual (see <span class="sc"><a href="#artlinks">Embryology</a></span>) and the evolution of the +sum of living beings.</p> + +<p><i>The Evolution of the Sum of Living Beings.</i>—The notion that +all the kinds of animals and plants may have come into existence +by the growth and modification of primordial germs is as old +as speculative thought; but the modern scientific form of the +doctrine can be traced historically to the influence of several +converging lines of philosophical speculation and of physical +observation, none of which go further back than the 17th century. +These are:—</p> + +<p>1. The enunciation by Descartes of the conception that the +physical universe, whether living or not living, is a mechanism, +and that, as such, it is explicable on physical principles.</p> + +<p>2. The observation of the gradations of structure, from +extreme simplicity to very great complexity, presented by +living things, and of the relation of these graduated forms to +one another.</p> + +<p>3. The observation of the existence of an analogy between +the series of gradations presented by the species which compose +any great group of animals or plants, and the series of embryonic +conditions of the highest members of that group.</p> + +<p>4. The observation that large groups of species of widely +different habits present the same fundamental plan of structure; +and that parts of the same animal or plant, the functions of which +are very different, likewise exhibit modifications of a common +plan.</p> + +<p>5. The observation of the existence of structures, in a rudimentary +and apparently useless condition, in one species of a +group, which are fully developed and have definite functions +in other species of the same group.</p> + +<p>6. The observation of the effects of varying conditions in +modifying living organisms.</p> + +<p>7. The observation of the facts of geographical distribution.</p> + +<p>8. The observation of the facts of the geological succession +of the forms of life.</p> + +<p>1. Notwithstanding the elaborate disguise which fear of +the powers that were led Descartes to throw over his real opinions, +it is impossible to read the <i>Principes de la philosophie</i> without +acquiring the conviction that this great philosopher held that the +physical world and all things in it, whether living or not living, +have originated by a process of evolution, due to the continuous +operation of purely physical causes, out of a primitive relatively +formless matter.<a name="fa29c" id="fa29c" href="#ft29c"><span class="sp">29</span></a></p> + +<p>The following passage is especially instructive:—</p> + +<div class="condensed"> +<p>“Et tant s’en faut que je veuille que l’on croie toutes les choses +que j’écrirai, que même je prétends en proposer ici quelques-unes +que je crois absolument être fausses; à savoir, je ne doute point +que le monde n’ait été créé au commencement avec autant de perfection +qu’il en a; en sorte que le soleil, la terre, la lune, et les +étoiles ont été dès lors; et que la terre n’a pas eu seulement en soi +les semences des plantes, mais que les plantes même en ont couvert +une partie; et qu’Adam et Ève n’ont pas été créés enfans mais en +âge d’hommes parfaits. La religion chrétienne veut que nous le +croyons ainsi, et la raison naturelle nous persuade entièrement cette +vérité; car si nous considérons la toute puissance de Dieu, nous +devons juger que tout ce qu’il a fait a eu dès le commencement +toute la perfection qu’il devoit avoir. Mais néanmoins, comme on +connoîtroit beaucoup mieux quelle a été la nature d’Adam et celle +des arbres de Paradis si on avoit examiné comment les enfants se +forment peu à peu dans le ventre de leurs mères et comment les +plantes sortent de leurs semences, que si on avoit seulement considéré +quels ils ont été quand Dieu les a créés: tout de même, nous ferons +mieux entendre quelle est généralement la nature de toutes les +choses qui sont au monde si nous pouvons imaginer quelques principes +qui soient fort intelligibles et fort simples, desquels nous +puissions voir clairement que les astres et la terre et enfin tout ce +monde visible auroit pu être produit ainsi que de quelques semences +(bien que nous sachions qu’il n’a pas été produit en cette façon) +que si nous la décrivions seulement comme il est, ou bien comme +nous croyons qu’il a été créé. Et parceque je pense avoir trouvé des +principes qui sont tels, je tâcherai ici de les expliquer.”<a name="fa30c" id="fa30c" href="#ft30c"><span class="sp">30</span></a></p> +</div> + +<p>If we read between the lines of this singular exhibition of +force of one kind and weakness of another, it is clear that +Descartes believed that he had divined the mode in which the +physical universe had been evolved; and the <i>Traité de l’homme</i> +and the essay <i>Sur les passions</i> afford abundant additional +evidence that he sought for, and thought he had found, an +explanation of the phenomena of physical life by deduction +from purely physical laws.</p> + +<p>Spinoza abounds in the same sense, and is as usual perfectly +candid—</p> + +<div class="condensed"> +<p>“Naturae leges et regulae, secundum quas omnia fiunt et ex unis +formis in alias mutantur, sunt ubique et semper eadem.”<a name="fa31c" id="fa31c" href="#ft31c"><span class="sp">31</span></a></p> +</div> + +<p>Leibnitz’s doctrine of continuity necessarily led him in the +same direction; and, of the infinite multitude of monads with +which he peopled the world, each is supposed to be the focus of +an endless process of evolution and involution. In the <i>Protogaea</i>, +xxvi., Leibnitz distinctly suggests the mutability of species—</p> + +<div class="condensed"> +<p>“Alii mirantur in saxis passim species videri quas vel in orbe +cognito, vel saltem in vicinis locis frustra quaeras. Ita <i>Cornua +Ammonis</i>, quae ex nautilorum numero habeantur, passim et forma +et magnitudine (nam et pedali diametro aliquando reperiuntur) +ab omnibus illis naturis discrepare dicunt, quas praebet mare. Sed +quis absconditos ejus recessus aut subterraneas abyssos pervestigavit? +quam multa nobis animalia antea ignota offert novus orbis? +Et credibile est per magnas illas conversiones etiam animalium +species plurimum immutatas.”</p> +</div> + +<p>Thus in the end of the 17th century the seed was sown which +has at intervals brought forth recurrent crops of evolutional +hypotheses, based, more or less completely, on general reasonings.</p> + +<p>Among the earliest of these speculations is that put forward +by Benoît de Maillet in his <i>Telliamed</i>, which, though printed in +1735, was not published until twenty-three years later. Considering +that this book was written before the time of Haller, +or Bonnet, or Linnaeus, or Hutton, it surely deserves more +respectful consideration than it usually receives. For De +Maillet not only has a definite conception of the plasticity of +living things, and of the production of existing species by the +modification of their predecessors, but he clearly apprehends +the cardinal maxim of modern geological science, that the +explanation of the structure of the globe is to be sought in the +deductive application to geological phenomena of the principles +established inductively by the study of the present course of +nature. Somewhat later, P.L.M. de Maupertuis<a name="fa32c" id="fa32c" href="#ft32c"><span class="sp">32</span></a> suggested +a curious hypothesis as to the causes of variation, which he +thinks may be sufficient to account for the origin of all animals +<span class="pagenum"><a name="page32" id="page32"></a>32</span> +from a single pair. Jean Baptiste René Robinet<a name="fa33c" id="fa33c" href="#ft33c"><span class="sp">33</span></a> followed out +much the same line of thought as De Maillet, but less soberly; +and Bonnet’s speculations in the <i>Palingénésie</i>, which appeared +in 1769, have already been mentioned. Buffon (1753-1778), +at first a partisan of the absolute immutability of species, subsequently +appears to have believed that larger or smaller groups +of species have been produced by the modification of a primitive +stock; but he contributed nothing to the general doctrine of +evolution.</p> + +<p>Erasmus Darwin (<i>Zoonomia</i>, 1794), though a zealous evolutionist, +can hardly be said to have made any real advance on his +predecessors; and, notwithstanding the fact that Goethe had +the advantage of a wide knowledge of morphological facts, and +a true insight into their signification, while he threw all the +power of a great poet into the expression of his conceptions, it +may be questioned whether he supplied the doctrine of evolution +with a firmer scientific basis than it already possessed. Moreover, +whatever the value of Goethe’s labours in that field, they were +not published before 1820, long after evolutionism had taken +a new departure from the works of Treviranus and Lamarck—the +first of its advocates who were equipped for their task with +the needful large and accurate knowledge of the phenomena +of life as a whole. It is remarkable that each of these writers +seems to have been led, independently and contemporaneously, +to invent the same name of “biology” for the science of the +phenomena of life; and thus, following Buffon, to have recognized +the essential unity of these phenomena, and their contradistinction +from those of inanimate nature. And it is hard to +say whether Lamarck or Treviranus has the priority in propounding +the main thesis of the doctrine of evolution; for +though the first volume of Treviranus’s <i>Biologie</i> appeared only +in 1802, he says, in the preface to his later work, the <i>Erscheinungen +und Gesetze des organischen Lebens</i>, dated 1831, that he +wrote the first volume of the <i>Biologie</i> “nearly five-and-thirty +years ago,” or about 1796.</p> + +<p>Now, in 1794, there is evidence that Lamarck held doctrines +which present a striking contrast to those which are to be +found in the <i>Philosophie zoologique</i>, as the following passages +show:—</p> + +<div class="condensed"> +<p>“685. Quoique mon unique objet dans cet article n’ait été que +de traiter de la cause physique de l’entretien de la vie des êtres +organiques, malgré cela j’ai osé avancer en débutant, que l’existence +de ces êtres étonnants n’appartiennent nullement à la nature; que +tout ce qu’on peut entendre par le mot <i>nature</i>, ne pouvoit donner +la vie, c’est-à-dire, que toutes les qualités de la matière, jointes à +toutes les circonstances possibles, et même à l’activité répandue +dans l’univers, ne pouvaient point produire un être muni du mouvement +organique, capable de reproduire son semblable, et sujet à +la mort.</p> + +<p>“686. Tous les individus de cette nature, qui existent, proviennent +d’individus semblables qui tous ensemble constituent l’espèce +entière. Or, je crois qu’il est aussi impossible à l’homme de connoître +la cause physique du premier individu de chaque espèce, que +d’assigner aussi physiquement la cause de l’existence de la matière ou +de l’univers entier. C’est au moins ce que le résultat de mes connaissances +et de mes réflexions me portent à penser. S’il existe +beaucoup de variétés produites par l’effet des circonstances, ces +variétés ne dénaturent point les espèces; mais on se trompe, sans +doute souvent, en indiquant comme espèce, ce qui n’est que variété; +et alors je sens que cette erreur peut tirer à conséquence dans les +raisonnements que l’on fait sur cette matière.”<a name="fa34c" id="fa34c" href="#ft34c"><span class="sp">34</span></a></p> +</div> + +<p>The first three volumes of Treviranus’s Biologie, which contains +his general views of evolution, appeared between 1802 and 1805. +The <i>Recherches sur l’organisation des corps vivants</i>, which sketches +out Lamarck’s doctrines, was published in 1802; but the full +development of his views in the <i>Philosophie zoologique</i> did not +take place until 1809.</p> + +<p>The <i>Biologie</i> and the <i>Philosophie zoologique</i> are both very +remarkable productions, and are still worthy of attentive study, +but they fell upon evil times. The vast authority of Cuvier +was employed in support of the traditionally respectable hypotheses +of special creation and of catastrophism; and the wild +speculations of the <i>Discours sur les révolutions de la surface du +globe</i> were held to be models of sound scientific thinking, while +the really much more sober and philosophical hypotheses of +the <i>Hydrogéologie</i> were scouted. For many years it was the +fashion to speak of Lamarck with ridicule, while Treviranus was +altogether ignored.</p> + +<p>Nevertheless, the work had been done. The conception of +evolution was henceforward <span class="correction" title="amended from irrespressible">irrepressible</span>, and it incessantly +reappears, in one shape or another,<a name="fa35c" id="fa35c" href="#ft35c"><span class="sp">35</span></a> up to the year 1858, when +Charles Darwin and A.R. Wallace published their <i>Theory of +Natural Selection</i>. The <i>Origin of Species</i> appeared in 1859; +and thenceforward the doctrine of evolution assumed a position +and acquired an importance which it never before possessed. In +the <i>Origin of Species</i>, and in his other numerous and important +contributions to the solution of the problem of biological +evolution, Darwin confined himself to the discussion of the +causes which have brought about the present condition of living +matter, assuming such matter to have once come into existence. +On the other hand, Spencer<a name="fa36c" id="fa36c" href="#ft36c"><span class="sp">36</span></a> and E. Haeckel<a name="fa37c" id="fa37c" href="#ft37c"><span class="sp">37</span></a> dealt with +the whole problem of evolution. The profound and vigorous +writings of Spencer embody the spirit of Descartes in the knowledge +of our own day, and may be regarded as the <i>Principes +de la philosophie</i> of the 19th century; while, whatever hesitation +may not unfrequently be felt by less daring minds in +following Haeckel in many of his speculations, his attempt +to systematize the doctrine of evolution and to exhibit its +influence as the central thought of modern biology, cannot fail +to have a far-reaching influence on the progress of science.</p> + +<p>If we seek for the reason of the difference between the scientific +position of the doctrine of evolution in the days of Lamarck +and that which it occupies now, we shall find it in the great +accumulation of facts, the several classes of which have been +enumerated above, under the second to the eighth heads. For +those which are grouped under the second to the seventh of these +classes, respectively, have a clear significance on the hypothesis +of evolution, while they are unintelligible if that hypothesis +be denied. And those of the eighth group are not only <span class="correction" title="amended from unin-intelligible">unintelligible</span> +without the assumption of evolution, but can be +proved never to be discordant with that hypothesis, while, in +some cases, they are exactly such as the hypothesis requires. +The demonstration of these assertions would require a volume, +but the general nature of the evidence on which they rest may be +briefly indicated.</p> + +<p>2. The accurate investigation of the lowest forms of animal +life, commenced by Leeuwenhoek and Swammerdam, and +continued by the remarkable labours of Réaumur, Abraham +Trembley, Bonnet, and a host of other observers in the latter +part of the 17th and the first half of the 18th centuries, drew +the attention of biologists to the gradation in the complexity +of organization which is presented by living beings, and culminated +in the doctrine of the <i>échelle des êtres</i>, so powerfully and clearly +stated by Bonnet, and, before him, adumbrated by Locke and +by Leibnitz. In the then state of knowledge, it appeared that +all the species of animals and plants could be arranged in one +series, in such a manner that, by insensible gradations, the +mineral passed into the plant, the plant into the polype, the +polype into the worm, and so, through gradually higher forms +of life, to man, at the summit of the animated world.</p> + +<p>But, as knowledge advanced, this conception ceased to be +tenable in the crude form in which it was first put forward. +Taking into account existing animals and plants alone, it became +obvious that they fell into groups which were more or less +sharply separated from one another; and, moreover, that even +<span class="pagenum"><a name="page33" id="page33"></a>33</span> +the species of a genus can hardly ever be arranged in linear +series. Their natural resemblances and differences are only +to be expressed by disposing them as if they were branches +springing from a common hypothetical centre.</p> + +<p>Lamarck, while affirming the verbal proposition that animals +form a single series, was forced by his vast acquaintance with +the details of zoology to limit the assertion to such a series as +may be formed out of the abstractions constituted by the +common characters of each group.<a name="fa38c" id="fa38c" href="#ft38c"><span class="sp">38</span></a></p> + +<p>Cuvier on anatomical, and Von Baer on embryological grounds, +made the further step of proving that, even in this limited sense, +animals cannot be arranged in a single series, but that there are +several distinct plans of organization to be observed among +them, no one of which, in its highest and most complicated +modification, leads to any of the others.</p> + +<p>The conclusions enunciated by Cuvier and Von Baer have been +confirmed in principle by all subsequent research into the +structure of animals and plants. But the effect of the adoption +of these conclusions has been rather to substitute a new metaphor +for that of Bonnet than to abolish the conception expressed by it. +Instead of regarding living things as capable of arrangement in +one series like the steps of a ladder, the results of modern investigation +compel us to dispose them as if they were the twigs +and branches of a tree. The ends of the twigs represent individuals, +the smallest groups of twigs species, larger groups +genera, and so on, until we arrive at the source of all these +ramifications of the main branch, which is represented by a +common plan of structure. At the present moment it is impossible +to draw up any definition, based on broad anatomical +or developmental characters, by which any one of Cuvier’s great +groups shall be separated from all the rest. On the contrary, +the lower members of each tend to converge towards the lower +members of all the others. The same may be said of the vegetable +world. The apparently clear distinction between flowering and +flowerless plants has been broken down by the series of gradations +between the two exhibited by the <i>Lycopodiaceae</i>, <i>Rhizocarpeae</i>, +and <i>Gymnospermeae</i>. The groups of <i>Fungi</i>, <i>Licheneae</i> +and <i>Algae</i> have completely run into one another, and, when the +lowest forms of each are alone considered, even the animal and +vegetable kingdoms cease to have a definite frontier.</p> + +<p>If it is permissible to speak of the relations of living forms to +one another metaphorically, the similitude chosen must undoubtedly +be that of a common root, whence two main trunks, +one representing the vegetable and one the animal world, spring; +and, each dividing into a few main branches, these subdivide into +multitudes of branchlets and these into smaller groups of twigs.</p> + +<p>As Lamarck has well said:—<a name="fa39c" id="fa39c" href="#ft39c"><span class="sp">39</span></a></p> + +<div class="condensed"> +<p>“Il n’y a que ceux qui se sont longtemps et fortement occupés de la +détermination des espèces, et qui ont consulté de riches collections, +qui peuvent savoir jusqu’à quel point les <i>espèces</i>, parmi les corps +vivants, se fondent les unes dans les autres, et qui ont pu se convaincre +que, dans les parties où nous voyons des <i>espèces</i> isolées, cela +n’est ainsi que parcequ’il nous en manque d’autres qui en sont plus +voisines et que nous n’avons pas encore recueillies.</p> + +<p>“Je ne veux pas dire pour cela que les animaux qui existent forment +une série très-simple et partout également nuancée; mais je dis +qu’ils forment une série rameuse, irrégulièrement graduée et qui +n’a point de discontinuité dans ses parties, ou qui, du moins, n’en +a toujours pas eu, s’il est vrai que, par suite de quelques espèces +perdues, il s’en trouve quelque part. Il en résulte que les <i>espèces</i> +qui terminent chaque rameau de la série générale tiennent, au moins +d’un côté, à d’autres espèces voisines qui se nuancent avec elles. +Voilà ce que l’état bien connu des choses me met maintenant à +portée de démontrer. Je n’ai besoin d’aucune hypothèse ni d’aucune +supposition pour cela: j’en atteste tous les naturalistes observateurs.”</p> +</div> + +<p>3. In a remarkable essay<a name="fa40c" id="fa40c" href="#ft40c"><span class="sp">40</span></a> Meckel remarks:—</p> + +<div class="condensed"> +<p>“There is no good physiologist who has not been struck by the +observation that the original form of all organisms is one and the +same, and that out of this one form, all, the lowest as well as the +highest, are developed in such a manner that the latter pass through +the permanent forms of the former as transitory stages. Aristotle, +Haller, Harvey, Kielmeyer, Autenrieth, and many others have +either made this observation incidentally, or, especially the latter, +have drawn particular attention to it, and drawn therefrom results +of permanent importance for physiology.”</p> +</div> + +<p>Meckel proceeds to exemplify the thesis, that the lower forms +of animals represent stages in the course of the development +of the higher, with a large series of illustrations.</p> + +<p>After comparing the salamanders and the perenni-branchiate +<i>Urodela</i> with the tadpoles and the frogs, and enunciating the +law that the more highly any animal is organized the more +quickly does it pass through the lower stages, Meckel goes on to +say:—</p> + +<div class="condensed"> +<p>“From these lowest Vertebrata to the highest, and to the highest +forms among these, the comparison between the embryonic conditions +of the higher animals and the adult states of the lower can +be more completely and thoroughly instituted than if the survey is +extended to the Invertebrata, inasmuch as the latter are in many +respects constructed upon an altogether too dissimilar type; indeed +they often differ from one another far more than the lowest vertebrate +does from the highest mammal; yet the following pages will show +that the comparison may be also extended to them with interest. +In fact, there is a period when, as Aristotle long ago said, the embryo +of the highest animal has the form of a mere worm, and, devoid of +internal and external organization, is merely an almost structureless +lump of polype-substance. Notwithstanding the origin of organs, it +still for a certain time, by reason of its want of an internal bony +skeleton, remains worm and mollusk, and only later enters into the +series of the Vertebrata, although traces of the vertebral column +even in the earliest periods testify its claim to a place in that series.”—<i>Op. +cit.</i> pp. 4, 5.</p> +</div> + +<p>If Meckel’s proposition is so far qualified, that the comparison +of adult with embryonic forms is restricted within the limits of +one type of organization; and if it is further recollected, that +the resemblance between the permanent lower form and the +embryonic stage of a higher form is not special but general, it +is in entire accordance with modern embryology; although there +is no branch of biology which has grown so largely, and improved +its methods so much since Meckel’s time, as this. In its original +form, the doctrine of “arrest of development,” as advocated by +Geoffroy Saint-Hilaire and Serres, was no doubt an over-statement +of the case. It is not true, for example, that a fish is a +reptile arrested in its development, or that a reptile was ever a +fish; but it is true that the reptile embryo, at one stage of its +development, is an organism which, if it had an independent +existence, must be classified among fishes; and all the organs +of the reptile pass, in the course of their development, through +conditions which are closely analogous to those which are +permanent in some fishes.</p> + +<p>4. That branch of biology which is termed morphology is a +commentary upon, and expansion of, the proposition that widely +different animals or plants, and widely different parts of animals +or plants, are constructed upon the same plan. From the rough +comparison of the skeleton of a bird with that of a man by +Pierre Delon, in the 16th century (to go no further back), down +to the theory of the limbs and the theory of the skull at the +present day; or, from the first demonstration of the homologies +of the parts of a flower by C.F. Wolff, to the present elaborate +analysis of the floral organs, morphology exhibits a continual +advance towards the demonstration of a fundamental unity +among the seeming diversities of living structures. And this +demonstration has been completed by the final establishment of +the cell theory (see <span class="sc"><a href="#artlinks">Cytology</a></span>), which involves the admission of a +primitive conformity, not only of all the elementary structures +in animals and plants respectively, but of those in the one of +these great divisions of living things with those in the other. +No <i>a priori</i> difficulty can be said to stand in the way of evolution, +when it can be shown that all animals and all plants proceed by +modes of development, which are similar in principle, from a +fundamental protoplasmic material.</p> + +<p>5. The innumerable cases of structures, which are rudimentary +and apparently useless, in species, the close allies of which +possess well-developed and functionally important homologous +<span class="pagenum"><a name="page34" id="page34"></a>34</span> +structures, are readily intelligible on the theory of evolution, +while it is hard to conceive their <i>raison d’être</i> on any other +hypothesis. However, a cautious reasoner will probably rather +explain such cases deductively from the doctrine of evolution +than endeavour to support the doctrine of evolution by them. +For it is almost impossible to prove that any structure, however +rudimentary, is useless—that is to say, that it plays no part +whatever in the economy; and, if it is in the slightest degree +useful, there is no reason why, on the hypothesis of direct +creation, it should not have been created. Nevertheless; double-edged +as is the argument from rudimentary organs, there is +probably none which has produced a greater effect in promoting +the general acceptance of the theory of evolution.</p> + +<p>6. The older advocates of evolution sought for the causes of +the process exclusively in the influence of varying conditions, +such as climate and station, or hybridization, upon living forms. +Even Treviranus has got no further than this point. Lamarck +introduced the conception of the action of an animal on itself +as a factor in producing modification. Starting from the well-known +fact that the habitual use of a limb tends to develop the +muscles of the limb, and to produce a greater and greater facility +in using it, he made the general assumption that the effort of +an animal to exert an organ in a given direction tends to develop +the organ in that direction. But a little consideration showed +that, though Lamarck had seized what, as far as it goes, is a true +cause of modification, it is a cause the actual effects of which +are wholly inadequate to account for any considerable modification +in animals, and which can have no influence at all in the +vegetable world; and probably nothing contributed so much +to discredit evolution, in the early part of the 19th century, as +the floods of easy ridicule which were poured upon this part +of Lamarck’s speculation. The theory of natural selection, or +survival of the fittest, was suggested by William Charles Wells +in 1813, and further elaborated by Patrick Matthew in 1831. +But the pregnant suggestions of these writers remained practically +unnoticed and forgotten, until the theory was independently +devised and promulgated by Charles Robert Darwin and Alfred +Russell Wallace in 1858, and the effect of its publication was +immediate and profound.</p> + +<p>Those who were unwilling to accept evolution, without +better grounds than such as are offered by Lamarck, and who +therefore preferred to suspend their judgment on the question, +found in the principle of selective breeding, pursued in all its +applications with marvellous knowledge and skill by Darwin, +a valid explanation of the occurrence of varieties and races; +and they saw clearly that, if the explanation would apply to +species, it would not only solve the problem of their evolution, +but that it would account for the facts of teleology, as well as +for those of morphology; and for the persistence of some forms +of life unchanged through long epochs of time, while others +undergo comparatively rapid metamorphosis.</p> + +<p>How far “natural selection” suffices for the production of +species remains to be seen. Few can doubt that, if not the +whole cause, it is a very important factor in that operation; +and that it must play a great part in the sorting out of varieties +into those which are transitory and those which are permanent.</p> + +<p>But the causes and conditions of variation have yet to be +thoroughly explored; and the importance of natural selection +will not be impaired, even if further inquiries should prove +that variability is definite, and is determined in certain directions +rather than in others, by conditions inherent in that which varies. +It is quite conceivable that every species tends to produce +varieties of a limited number and kind, and that the effect of +natural selection is to favour the development of some of these, +while it opposes the development of others along their predetermined +lines of modification.</p> + +<p>7. No truths brought to light by biological investigation +were better calculated to inspire distrust of the dogmas intruded +upon science in the name of theology than those which relate +to the distribution of animals and plants on the surface of the +earth. Very skilful accommodation was needful, if the limitation +of sloths to South America, and of the <i>Ornithorhynchus</i> to +Australia, was to be reconciled with the literal interpretation +of the history of the Deluge; and, with the establishment of +the existence of distinct provinces of distribution, any serious +belief in the peopling of the world by migration from Mount +Ararat came to an end.</p> + +<p>Under these circumstances, only one alternative was left for +those who denied the occurrence of evolution; namely, the +supposition that the characteristic animals and plants of each +great province were created, as such, within the limits in which, +we find them. And as the hypothesis of “specific centres,” +thus formulated, was heterodox from the theological point of +view, and unintelligible under its scientific aspect, it may be +passed over without further notice, as a phase of transition from +the creational to the evolutional hypothesis.</p> + +<p>8. In fact, the strongest and most conclusive arguments in +favour of evolution are those which are based upon the facts +of geographical, taken in conjunction with those of geological, +distribution.</p> + +<p>Both Darwin and Wallace lay great stress on the close relation +which obtains between the existing fauna of any region and that +of the immediately antecedent geological epoch in the same +region; and rightly, for it is in truth inconceivable that there +should be no genetic connexion between the two. It is possible +to put into words the proposition, that all the animals and plants +of each geological epoch were annihilated, and that a new set +of very similar forms was created for the next epoch, but it +may be doubted if any one who ever tried to form a distinct +mental image of this process of spontaneous generation on the +grandest scale ever really succeeded in realizing it.</p> + +<p>In later years the attention of the best palaeontologists has +been withdrawn from the hodman’s work of making “new +species” of fossils, to the scientific task of completing our +knowledge of individual species, and tracing out the succession +of the forms presented by any given type in time.</p> + +<p><i>Evolution at the Beginning of the 20th century.</i>—Since Huxley +and Sully wrote their masterly essays in the 9th edition of this +encyclopaedia, the doctrine of evolution has outgrown the +trammels of controversy and has been accepted as a fundamental +principle. Writers on biological subjects no longer have to waste +space in weighing evolution against this or that philosophical +theory or religious tradition; philosophical writers have frankly +accepted it, and the supporters of religious tradition have made +broad their phylacteries to write on them the new words. A +closer scrutiny of the writers of all ages who preceded Charles +Darwin, and, in particular, the light thrown back from Darwin +on the earlier writings of Herbert Spencer, have made plain +that without Darwin the world by this time might have come +to a general acceptance of evolution; but it seems established +as a historical fact that the world has come to accept evolution, +first, because of Darwin’s theory of natural selection, and second, +because of Darwin’s exposition of the evidence for the actual +occurrence of organic evolution. The evidence as set out by +Darwin has been added to enormously; new knowledge has in +many cases altered our conceptions of the mode of the actual +process of evolution, and from time to time a varying stress has +been laid on what are known as the purely Darwinian factors +in the theory. The balance of these tendencies has been against +the attachment of great importance to sexual selection, and in +favour of attaching a great importance to natural selection; +but the dominant feature in the recent history of the theory +has been its universal acceptance and the recognition that this +general acceptance has come from the stimulus given by Darwin.</p> + +<p>A change has taken place in the use of the word evolution. +Huxley, following historical custom, devoted one section of his +article to the “Evolution of the Individual.” The +facts and theories respecting this are now discussed +<span class="sidenote">Ontogeny.</span> +under such headings as <span class="sc"><a href="#artlinks">Embryology</a></span>; <span class="sc"><a href="#artlinks">Heredity</a></span>; <span class="sc"><a href="#artlinks">Variation +and Selection</a></span>; under these headings must be sought information +on the important recent modifications with regard to the +theory of the relation between the development of the individual +and the development of the race, the part played by the environment +on the individual, and the modern developments of the +<span class="pagenum"><a name="page35" id="page35"></a>35</span> +old quarrel between evolution and epigenesis. The most striking +general change has been against seeing in the facts of ontogeny +any direct evidence as to phylogeny. The general proposition +as to a parallelism between individual and ancestral development +is no doubt indisputable, but extended knowledge of the very +different ontogenetic histories of closely allied forms has led us +to a much fuller conception of the mode in which stages in +embryonic and larval history have been modified in relation +to their surroundings, and to a consequent reluctance to attach +detailed importance to the embryological argument for evolution.</p> + +<p>The vast bulk of botanical and zoological work on living and +extinct forms published during the last quarter of the 19th +century increased almost beyond all expectation the +evidence for the fact of evolution. The discovery of +<span class="sidenote">Phylogeny.</span> +a single fossil creature in a geological stratum of a wrong period, +the detection of a single anatomical or physiological fact irreconcilable +with origin by descent with modification, would have been +destructive of the theory and would have made the reputation +of the observer. But in the prodigious number of supporting +discoveries that have been made no single negative factor has +appeared, and the evolution from their predecessors of the +forms of life existing now or at any other period must be taken +as proved. It is necessary to notice, however, that although +the general course of the stream of life is certain, there is not the +same certainty as to the actual individual pedigrees of the +existing forms. In the attempts to place existing creatures in +approximately phylogenetic order, a striking change, due to a +more logical consideration of the process of evolution, has become +established and is already resolving many of the earlier difficulties +and banishing from the more recent tables the numerous hypothetical +intermediate forms so familiar in the older phylogenetic +trees. The older method was to attempt the comparison between +the highest member of a lower group and the lowest member of +a higher group—to suppose, for example, that the gorilla and the +chimpanzee, the highest members of the apes, were the existing +representatives of the ancestors of man and to compare these +forms with the lowest members of the human race. Such a +comparison is necessarily illogical, as the existing apes are +separated from the common ancestor by at least as large a number +of generations as separate it from any of the forms of existing +man. In the natural process of growth, the gap must necessarily +be wider between the summits of the twigs than lower down, +and, instead of imagining “missing links,” it is necessary to +trace each separate branch as low down as possible, and to +institute the comparisons between the lowest points that can be +reached. The method is simply the logical result of the fact +that every existing form of life stands at the summit of a long +branch of the whole tree of life. A due consideration of it leads to +the curious paradox that if any two animals be compared, the +zoologically lower will be separated from the common ancestor +by a larger number of generations, since, on the average, sexual +maturity is reached more quickly by the lower form. Naturally +very many other factors have to be considered, but this alone is +a sufficient reason to restrain attempts to place existing forms +in linear phylogenetic series. In embryology the method finds +its expression in the limitation of comparisons to the corresponding +stages of low and high forms and the exclusion of the comparisons +between the adult stages of low forms and the embryonic +stages of higher forms. Another expression of the same method, +due to Cope, and specially valuable to the taxonomist, is +that when the relationship between orders is being considered, +characters of subordinal rank must be neglected. It must not +be supposed that earlier writers all neglected this method, or +still less that all writers now employ it, but merely that formerly +it was frequently overlooked by the best writers, and now is +neglected only by the worst. The result is, on the one hand, +a clearing away of much fantastic phylogeny, on the other, +an enormous reduction of the supposed gaps between groups.</p> + +<p>There has been a renewed activity in the study of existing +forms from the point of view of obtaining evidence as to the +nature and origin of species. Comparative anatomists have been +learning to refrain from basing the diagnosis of a species, or the +<span class="sidenote">Comparative anatomy.</span> +description of the condition of an organ, on the evidence of a +single specimen. Naturalists who deal specially with museum +collections have been compelled, it is true, for other +reasons to attach an increasing importance to what is +called the type specimen, but they find that this insistence +on the individual, although invaluable from the +point of view of recording species, is unsatisfactory from the point +of view of scientific zoology; and propositions for the amelioration +of this condition of affairs range from a refusal of Linnaean +nomenclature in such cases, to the institution of a division +between <i>master species</i> for such species as have been properly +revised by the comparative morphologist, and <i>provisional species</i> +for such species as have been provisionally registered by those +working at collections. Those who work with living forms of +which it is possible to obtain a large number of specimens, and +those who make revisions of the provisional species of palaeontologists, +are slowly coming to some such conception as that a +species is the abstract central point around which a group of +variations oscillate, and that the peripheral oscillations of one +species may even overlap those of an allied species. It is plain +that we have moved far from the connotation and denotation +of the word <i>species</i> at the time when Darwin began to discuss the +origin of species, and that the movement, on the one hand, tends +to simplify the problem philosophically, and, on the other, to +make it difficult for the amateur theorist.</p> + +<p>The conception of evolution is being applied more rigidly to +the comparative anatomy of organs and systems of organs. +When a series of the modifications of an anatomical structure +has been sufficiently examined, it is frequently possible to decide +that one particular condition is primitive, ancestral or central, +and that the other conditions have been derived from it. Such +a condition has been termed, with regard to the group of animals +or plants the organs of which are being studied, <i>archecentric</i>. +The possession of the character in the archecentric condition +in (say) two of the members of the group does not indicate that +these two members are more nearly related to one another +than they are to other members of the group; the archecentric +condition is part of the common heritage of all the members of +the group, and may be retained by any. On the other hand, +when the ancestral condition is modified, it may be regarded +as having moved outwards along some radius from the archecentric +condition. Such modified conditions have been termed +<i>apocentric</i>. It is obvious that the mere apocentricity of a character +can be no guide to the affinities of its possessor. It is +necessary to determine if the modification be a simple change +that might have occurred in independent cases, in fact if it +be a multiradial apocentricity, or if it involved intricate and +precisely combined anatomical changes that we could not expect +to occur twice independently; that is to say, if it be a uniradial +apocentricity. Multiradial apocentricities lie at the root of +many of the phenomena that have been grouped under the +designation <i>convergence</i>. Especially in the case of manifest +adaptations, organs possessed by creatures far apart genealogically +may be moulded into conditions that are extremely alike. +Sir E. Ray Lankester’s term, <i>homoplasy</i>, has passed into currency +as designating such cases where different genetic material has +been pressed by similar conditions into similar moulds. These +may be called heterogeneous homoplasies, but it is necessary +to recognize the existence of homogeneous homoplasies, +here called multiradial apocentricities. A complex apocentric +modification of a kind which we cannot imagine to have +been repeated independently, and which is to be designated as +uniradial, frequently forms a new centre around which new +diverging modifications are produced. With reference to any +particular group of forms such a new centre of modification +may be termed a <i>metacentre</i>, and it is plain that the archecentre +of the whole group is a metacentre of the larger group of which +the group under consideration is a branch. Thus, for instance, +the archecentric condition of any Avian structure is a metacentre +of the Sauropsidan stem. A form of apocentricity +extremely common and often perplexing may be termed <i>pseudocentric</i>; +in such a condition there is an apparent simplicity that +<span class="pagenum"><a name="page36" id="page36"></a>36</span> +reveals its secondary nature by some small and apparently +meaningless complexity.</p> + +<p>Another group of investigations that seems to play an important +part in the future development of the theory of evolution +relates to the study of what is known as organic +symmetry. The differentiations of structure that characterize +<span class="sidenote">Bionomics.</span> +animals and plants are being shown to be +orderly and definite in many respects; the relations of the +various parts to one another and to the whole, the modes of +repetition of parts, and the series of changes that occur in groups +of repeated parts appear to be to a certain extent inevitable, +to depend on the nature of the living material itself and on the +necessary conditions of its growth. Closely allied to the study +of symmetry is the study of the direct effect of the circumambient +media on embryonic young and adult stages of living beings +(see <span class="sc"><a href="#artlinks">Embryology</a></span>: <i>Physiology</i>; <span class="sc"><a href="#artlinks">Heredity</a></span>; and <span class="sc"><a href="#artlinks">Variation +and Selection</a></span>), and a still larger number of observers have +added to our knowledge of these. It is impossible here to give +even a list of the names of the many observers who in recent +times have made empirical study of the effects of growth-forces +and of the symmetrical limitations and definitions of growth. +It is to be noticed, however, that, even after such phenomena +have been properly grouped and designated under Greek names +as laws of organic growth, they have not become explanations of +the series of facts they correlate. Their importance in the theory +of evolution is none the less very great. In the first place, they +lessen the number of separate facts to be explained; in the +second, they limit the field within which explanation must be +sought, since, for instance, if a particular mode of repetition of +parts occur in mosses, in flowering-plants, in beetles and in +elephants, the seeker of ultimate explanations may exclude +from the field of his inquiry all the conditions individual to +these different organic forms, and confine himself only to what +is common to all of them; that is to say, practically only +the living material and its environment. The prosecution +of such inquiries is beginning to make unnecessary much ingenious +speculation of a kind that was prominent from 1880 +to 1900; much futile effort has been wasted in the endeavour +to find on Darwinian principles special “selection-values” for +phenomena the universality of which places them outside the +possibility of having relations with the particular conditions +of particular organisms. On the other hand, many of those +who have been specially successful in grouping diverse phenomena +under empirical generalizations have erred logically in +posing their generalizations against such a <i>vera causa</i> as +the preservation of favoured individuals and races. The thirty +years which followed the publication of the <i>Origin of Species</i> +were characterized chiefly by anatomical and embryological +work; since then there has been no diminution in anatomical +and embryological enthusiasm, but many of the continually +increasing body of investigators have turned again to bionomical +work. Inasmuch as Lamarck attempted to frame a theory of +evolution in which the principle of natural selection had no part, +the interpretation placed on their work by many bionomical +investigators recalls the theories of Lamarck, and the name +<i>Neo-Lamarckism</i> has been used of such a school of biologists, +particularly active in America. The weakness of the Neo-Lamarckian +view lies in its interpretation of heredity; its +strength lies in its zealous study of the living world and the +detection therein of proximate empirical laws, a strength shared +by very many bionomical investigations, the authors of which +would prefer to call themselves Darwinians, or to leave themselves +without sectarian designation.</p> + +<p>Statistical inquiry into the facts of life has long been employed, +and in particular Francis Galton, within the Darwinian period, has +advocated its employment and developed its methods. +Within quite recent years, however, a special school +<span class="sidenote">Biometrics.</span> +has arisen with the main object of treating the processes +of evolution quantitatively. Here it is right to speak of +Karl Pearson as a pioneer of notable importance. It has been +the habit of biologists to use the terms variation, selection, +elimination, correlation and so forth, vaguely; the new school, +which has been strongly reinforced from the side of physical +science, insists on quantitative measurements of the terms. +When the anatomist says that one race is characterized by long +heads, another by round heads, the biometricist demands numbers +and percentages. When an organ is stated to be variable, the +biometricist demands statistics to show the range of the variations +and the mode of their distribution. When a character is +said to be favoured by natural selection, the biometricist demands +investigation of the death-rate of individuals with or without +the character. When a character is said to be transmitted, or +to be correlated with another character, the biometricist declares +the statement valueless without numerical estimations of the +inheritance or correlation. The subject is still so new, and its +technical methods (see <span class="sc"><a href="#artlinks">Variation and Selection</a></span>) have as +yet spread so little beyond the group which is formulating and +defining them, that it is difficult to do more than guess at the +importance of the results likely to be gained. Enough, however, +has already been done to show the vast importance of the +method in grouping and codifying the empirical facts of life, +and in so preparing the way for the investigation of ultimate +“causes.” The chief pitfall appears to be the tendency to attach +more meaning to the results than from their nature they can bear. +The ultimate value of numerical inquiries must depend on the +equivalence of the units on which they are based. Many of +the characters that up to the present have been dealt with by +biometrical inquiry are obviously composite. The height or +length of the arm of a human being, for instance, is the result +of many factors, some inherent, some due to environment, and +until these have been sifted out, numerical laws of inheritance +or of correlation can have no more than an empirical value. +The analysis of composite characters into their indivisible units +and statistical inquiry into the behaviour of the units would +seem to be a necessary part of biometric investigation, and one +to which much further attention will have to be paid.</p> + +<p>It is well known that Darwin was deeply impressed by differences +in flora and fauna, which seemed to be functions of +locality, and not the result of obvious dissimilarities of +environment. A.R. Wallace’s studies of island life, +<span class="sidenote">Segregation.</span> +and the work of many different observers on local +races of animals and plants, marine, fluviatile and terrestrial, +have brought about a conception of segregation as apart from +differences of environment as being one of the factors in the +differentiation of living forms. The segregation may be geographical, +or may be the result of preferential mating, or of +seasonal mating, and its effects plainly can be made no more of +than proximate or empirical laws of differentiation, of great +importance in codifying and simplifying the facts to be explained. +The minute attention paid by modern systematists to the exact +localities of subspecies and races is bringing together a vast +store of facts which will throw further light on the problem +of segregation, but the difficulty of utilizing these facts is increased +by an unfortunate tendency to make locality itself one +of the diagnostic characters.</p> + +<p>Consideration of phylogenetic series, especially from the +palaeontological side, has led many writers to the conception +that there is something of the nature of a growth-force +inherent in organisms and tending inevitably towards +<span class="sidenote">Bathmism.</span> +divergent evolution. It is suggested that even in the absence of +modification produced by any possible Darwinian or Lamarckian +factors, that even in a neutral environment, divergent evolution +of some kind would have occurred. The conception is necessarily +somewhat hazy, but the words <i>bathmism</i> and <i>bathmic Evolution</i> +have been employed by a number of writers for some such +conception. Closely connected with it, and probably underlying +many of the facts which have led to it, is a more definite +group of ideas that may be brought together under the phrase +“phylogenetic limitation of variation.” In its simplest form, +this phrase implies such an obvious fact as that whatever be the +future development of, say, existing cockroaches, it will be on +lines determined by the present structure of these creatures. +In a more general way, the phrase implies that at each successive +branching of the tree of life, the branches become more specialized, +<span class="pagenum"><a name="page37" id="page37"></a>37</span> +more defined, and, in a sense, more limited. The full implications +of the group of ideas require, and are likely to receive, much +attention in the immediate future of biological investigation, +but it is enough at present to point out that until the more +obvious lines of inquiry have been opened out much more fully, +we cannot be in a position to guess at the existence of a residuum, +for which such a metaphysical conception as bathmism would +serve even as a convenient disguise for ignorance.</p> + +<p>Almost every side of zoology has contributed to the theory +of evolution, but of special importance are the facts and theories +associated with the names of Gregor Mendel, A. Weismann +and Hugo de Vries. These are discussed under the headings +<span class="sc"><a href="#artlinks">Heredity</a></span>; <span class="sc"><a href="#artlinks">Mendelism</a></span>; and <span class="sc"><a href="#artlinks">Variation and Selection</a></span>. It +has been a feature of great promise in recent contributions to the +theory of evolution, that such contributions have received +attention almost directly in proportion to the new methods of +observation and the new series of facts with which they have +come. Those have found little favour who brought to the +debate only formal criticisms or amplifications of the Darwinian +arguments, or re-marshallings of the Darwinian facts, however +ably conducted. The time has not yet come for the attempt +to synthesize the results of the many different and often +apparently antagonistic groups of workers. The great work that +is going on is the simplification of the facts to be explained by +grouping them under empirical laws; and the most general statement +relating to these that can yet be made is that no single one +of these laws has as yet shown signs of taking rank as a <i>vera causa</i> +comparable with the Darwinian principle of natural selection.</p> + +<div class="condensed"> +<p>For evolution in relation to society see <span class="sc"><a href="#artlinks">Sociology</a></span>.</p> + +<p><span class="sc">References.</span>—Practically, every botanical and zoological publication +of recent date has its bearing on evolution. The following +are a few of the more general works: Bateson, <i>Materials for the +Study of Variation</i>; Bunge, <i>Vitalismus und Mechanismus</i>; Cope, +<i>Origin of the Fittest</i>, <i>Primary Factors of Organic Evolution</i>, <i>Darwin’s +Life and Letters</i>; H. de Vries, <i>Species and Varieties and their Origin +by Mutation</i>; Eimer, <i>Organic Evolution</i>; Gulick, “Divergent +Evolution through Cumulative Segregation,” <i>Jour. Linn. Soc.</i> xx.; +Haacke, <i>Schöpfung des Menschen</i>; Mitchell, “Valuation of Zoological +Characters,” <i>Trans. Linn. Soc.</i> viii. pt. 7; Pearson, <i>Grammar +of Science</i>; Romanes, <i>Darwin and after Darwin</i>; Sedgwick, Presidential +Address to Section Zoology, <i>Brit. Ass. Rep. 1899</i>; Wallace, +<i>Darwinism</i>; Weismann, <i>The Germ-Plasm</i>. Further references of +great value will be found in the works of Bateson and Pearson +referred to above, and in the annual volumes of the <i>Zoological +Record</i>, particularly under the head “General Subject.”</p> +</div> +<div class="author">(P. C. M.)</div> + +<hr class="foot" /> <div class="note"> + +<p><a name="ft1c" id="ft1c" href="#fa1c"><span class="fn">1</span></a> This is brought out by F. Lassalle, <i>Die Philosophie Herakleitos</i>, +p. 126.</p> + +<p><a name="ft2c" id="ft2c" href="#fa2c"><span class="fn">2</span></a> Zeller says that through this distinction Aristotle first made +possible the idea of development.</p> + +<p><a name="ft3c" id="ft3c" href="#fa3c"><span class="fn">3</span></a> See this well brought out in G.H. Lewes’s <i>Aristotle</i>, p. 187.</p> + +<p><a name="ft4c" id="ft4c" href="#fa4c"><span class="fn">4</span></a> Grote calls attention to the contrast between Plato’s and Aristotle’s +way of conceiving the gradations of mind (<i>Aristotle</i>, ii. 171).</p> + +<p><a name="ft5c" id="ft5c" href="#fa5c"><span class="fn">5</span></a> Zeller observes that this scale of decreasing perfection is a +necessary consequence of the idea of a transcendent deity.</p> + +<p><a name="ft6c" id="ft6c" href="#fa6c"><span class="fn">6</span></a> Mélanges de philosophie juive et arabe, p. 225.</p> + +<p><a name="ft7c" id="ft7c" href="#fa7c"><span class="fn">7</span></a> Yet he leaves open the question whether the Deity has annexed +thought to matter as a faculty, or whether it rests on a distinct +spiritual principle.</p> + +<p><a name="ft8c" id="ft8c" href="#fa8c"><span class="fn">8</span></a> Locke half playfully touches on certain monsters, with respect +to which it is difficult to determine whether they ought to be called +men. (<i>Essay</i>, book iii. ch. vi. sect. 26, 27.)</p> + +<p><a name="ft9c" id="ft9c" href="#fa9c"><span class="fn">9</span></a> A similar coincidence between the teleological and the modern +evolutional way of viewing things is to be met with in Locke’s account +of the use of pain in relation to the preservation of our being (bk. ii. +ch. vii. sect. 4).</p> + +<p><a name="ft10c" id="ft10c" href="#fa10c"><span class="fn">10</span></a> <i>Philosophy of History</i> (1893), p. 103, where an interesting sketch +of the growth of the idea of progress is to be found.</p> + +<p><a name="ft11c" id="ft11c" href="#fa11c"><span class="fn">11</span></a> G.H. Lewes points out that Leibnitz is inconsistent in his account +of the intelligence of man in relation to that of lower animals, since +when answering Locke he no longer regards these as differing in +degree only.</p> + +<p><a name="ft12c" id="ft12c" href="#fa12c"><span class="fn">12</span></a> Both Lewes and du Bois Reymond have brought out the points +of contact between Leibnitz’s theory of monads and modern biological +speculations (<i>Hist. of Phil.</i> ii. 287, and <i>Leibnitzsche Gedanken +in der modernen Naturwissenschaft</i>, p. 23 seq.).</p> + +<p><a name="ft13c" id="ft13c" href="#fa13c"><span class="fn">13</span></a> For Herder’s position in relation to the modern doctrine of evolution +see F. von Bärenbach’s <i>Herder als Vorgänger Darwins</i>, a work +which tends to exaggerate the proximity of the two writers.</p> + +<p><a name="ft14c" id="ft14c" href="#fa14c"><span class="fn">14</span></a> Kant held it probable that other planets besides our earth are +inhabited, and that their inhabitants form a scale of beings, their +perfection increasing with the distance of the planet which they +inhabit from the sun.</p> + +<p><a name="ft15c" id="ft15c" href="#fa15c"><span class="fn">15</span></a> Kant calls the doctrine of the transmutation of species “a +hazardous fancy of the reason.” Yet, as Strauss and others have +shown, Kant’s mind betrayed a decided leaning at times to a more +mechanical conception of organic forms as related by descent.</p> + +<p><a name="ft16c" id="ft16c" href="#fa16c"><span class="fn">16</span></a> Hegel somewhere says that the question of the eternal duration +of the world is unanswerable: time as well as space can be predicated +of finitudes only.</p> + +<p><a name="ft17c" id="ft17c" href="#fa17c"><span class="fn">17</span></a> <i>The Exercitationes de generatione animalium</i>, which Dr George +Ent extracted from him and published in 1651.</p> + +<p><a name="ft18c" id="ft18c" href="#fa18c"><span class="fn">18</span></a> <i>De generatione animalium</i>, lib. ii. cap. x.</p> + +<p><a name="ft19c" id="ft19c" href="#fa19c"><span class="fn">19</span></a> <i>De generatione animalium</i>, lib. ii. cap. iv.</p> + +<p><a name="ft20c" id="ft20c" href="#fa20c"><span class="fn">20</span></a> “Cependant, pour revenir aux formes ordinaires ou aux âmes +matérielles, cette durée qu’il leur faut attribuer, à la place de celle +qu’on avoit attribuée aux atomes pourroit faire douter si elles ne vont +pas de corps en corps; ce qui seroit la métempsychose, à peu près +comme quelques philosophes ont cru la transmission du mouvement +et celle des espèces. Mais cette imagination est bien éloignée de +la nature des choses. Il n’y a point de tel passage; et c’est ici +où les transformations de Messieurs Swammerdam, Malpighi, et +Leewenhoek, qui sont des plus excellens observateurs de notre tems, +sont venues à mon secours et m’ont fait admettre plus aisément, que +l’animal, et toute autre substance organisée ne commence point +lorsque nous le croyons, et que sa génération apparente n’est qu’un +développement et une espèce d’augmentation. Aussi ai-je remarqué +que l’auteur de la <i>Recherche de la vérité</i>, M. Regis, M. Hartsœker, +et d’autres habiles hommes n’ont pas été fort éloignés de ce sentiment.” +Leibnitz, <i>Système nouveau de la nature</i> (1695). The doctrine +of “Emboîtement” is contained in the <i>Considérations sur le principe +de vie</i> (1705); the preface to the <i>Théodicée</i> (1710); and the <i>Principes +de la nature et de la grâce</i> (§ 6) (1718).</p> + +<p><a name="ft21c" id="ft21c" href="#fa21c"><span class="fn">21</span></a> “Il est vrai que la pensée la plus raisonnable et la plus conforme +à l’expérience sur cette question très difficile de la formation du +fœtus; c’est que les enfans sont déjà presque tout formés avant +même l’action par laquelle ils sont conçus; et que leurs mères ne +font que leur donner l’accroissement ordinaire dans le temps de la +grossesse.” <i>De la recherche de la vérité</i>, livre ii. chap. vii. p. 334 +(7th ed., 1721).</p> + +<p><a name="ft22c" id="ft22c" href="#fa22c"><span class="fn">22</span></a> <i>Considérations sur les corps organisés</i>, chap. x.</p> + +<p><a name="ft23c" id="ft23c" href="#fa23c"><span class="fn">23</span></a> Bonnet had the courage of his opinions, and in the <i>Palingénésie +philosophique</i>, part vi. chap, iv., he develops a hypothesis which he +terms “évolution naturelle”; and which, making allowance for his +peculiar views of the nature of generation, bears no small resemblance +to what is understood by “evolution” at the present day:—</p> + +<p>“Si la volonté divine a créé par un seul Acte l’Universalité des +êtres, d’où venoient ces plantes et ces animaux dont Moyse nous +décrit la Production au troisième et au cinquième jour du renouvellement +de notre monde?</p> + +<p>“Abuserois-je de la liberté de conjectures si je disois, que les +Plantes et les Animaux qui existent aujourd’hui sont parvenus par +une sorte d’évolution naturelle des Êtres organisés qui peuplaient ce +premier Monde, sorti immédiatement des <span class="sc">Mains</span> du <span class="sc">Créateur</span>?...</p> + +<p>“Ne supposons que trois révolutions. La Terre vient de sortir +des <span class="sc">Mains</span> du <span class="sc">Créateur</span>. Des causes préparées par sa Sagesse font +développer de toutes parts les Germes. Les Êtres organisés commencent +à jouir de l’existence. Ils étoient probablement alors bien +différens de ce qu’ils sont aujourd’hui. Ils l’étoient autant que +ce premier Monde différoit de celui que nous habitons. Nous +manquons de moyens pour juger de ces dissemblances, et peut-être +que le plus habile Naturaliste qui auroit été placé dans ce premier +Monde y auroit entièrement méconnu nos Plantes et nos Animaux.”</p> + +<p><a name="ft24c" id="ft24c" href="#fa24c"><span class="fn">24</span></a> “Ce mot (germe) ne désignera pas seulement un corps organisé +<i>réduit en petit</i>; il désignera encore toute espèce de <i>préformation +originelle dont un Tout organique peut résulter comme de son principe +immédiat.”—Palingénésie philosophique</i>, part. x. chap. ii.</p> + +<p><a name="ft25c" id="ft25c" href="#fa25c"><span class="fn">25</span></a> “M. Cuvier considérant que tous les êtres organisés sont dérivés +de parens, et ne voyant dans la nature aucune force capable de +produire l’organisation, croyait à la pré-existence des germes; non +pas à la pré-existence d’un être tout formé, puisqu’il est bien évident +que ce n’est que par des développemens successifs que l’être acquiert +sa forme; mais, si l’on peut s’exprimer ainsi, à la pré-existence du +radical de l’être, radical qui existe avant que la série des évolutions +ne commence, et qui remonte certainement, suivant la belle observation +de Bonnet, à plusieurs générations.”—Laurillard, <i>Éloge de +Cuvier</i>, note 12.</p> + +<p><a name="ft26c" id="ft26c" href="#fa26c"><span class="fn">26</span></a> <i>Histoire naturelle</i>, tom. ii. ed. ii. (1750), p. 350.</p> + +<p><a name="ft27c" id="ft27c" href="#fa27c"><span class="fn">27</span></a> <i>Ibid.</i> p. 351.</p> + +<p><a name="ft28c" id="ft28c" href="#fa28c"><span class="fn">28</span></a> See particularly Buffon, l.c. p. 41.</p> + +<p><a name="ft29c" id="ft29c" href="#fa29c"><span class="fn">29</span></a> As Buffon has well said:—“L’idée de ramener l’explication de +tous les phénomènes à des principes mécaniques est assurément +grande et belle, ce pas est le plus hardi qu’on peut faire en philosophie, +et c’est Descartes qui l’a fait.”—l.c. p. 50.</p> + +<p><a name="ft30c" id="ft30c" href="#fa30c"><span class="fn">30</span></a> <i>Principes de la philosophie</i>, Troisième partie, § 45.</p> + +<p><a name="ft31c" id="ft31c" href="#fa31c"><span class="fn">31</span></a> <i>Ethices</i>, Pars tertia, Praefatio.</p> + +<p><a name="ft32c" id="ft32c" href="#fa32c"><span class="fn">32</span></a> <i>Système de la Nature. Essai sur la formation des corps organisés</i>, +1751, xiv.</p> + +<p><a name="ft33c" id="ft33c" href="#fa33c"><span class="fn">33</span></a> <i>Considérations philosophiques sur la gradation naturelle des +formes de l’être; ou les essais de la nature qui apprend à faire l’homme</i> +(1768).</p> + +<p><a name="ft34c" id="ft34c" href="#fa34c"><span class="fn">34</span></a> <i>Recherches sur les causes des principaux faits physiques</i>, par J.B. +Lamarck. Paris. Seconde année de la République. In the preface, +Lamarck says that the work was written in 1776, and presented to +the Academy in 1780; but it was not published before 1794, and at +that time it presumably expressed Lamarck’s mature views. It +would be interesting to know what brought about the change of +opinion manifested in the <i>Recherches sur l’organisation des corps +vivants</i>, published only seven years later.</p> + +<p><a name="ft35c" id="ft35c" href="#fa35c"><span class="fn">35</span></a> See the “Historical Sketch” prefixed to the last edition of the +<i>Origin of Species</i>.</p> + +<p><a name="ft36c" id="ft36c" href="#fa36c"><span class="fn">36</span></a> <i>First Principles and Principles of Biology</i> (1860-1864).</p> + +<p><a name="ft37c" id="ft37c" href="#fa37c"><span class="fn">37</span></a> <i>Generelle Morphologie</i> (1866).</p> + +<p><a name="ft38c" id="ft38c" href="#fa38c"><span class="fn">38</span></a> “Il s’agit donc de prouver que la série qui constitute l’échelle +animale réside essentiellement dans la distribution des masses principals +qui la composent et non dans celle des espèces ni même toujours +dans celle des genres.”—<i>Phil. zoologique</i>, chap. v.</p> + +<p><a name="ft39c" id="ft39c" href="#fa39c"><span class="fn">39</span></a> <i>Philosophie zoologique</i>, première partie, chap. iii.</p> + +<p><a name="ft40c" id="ft40c" href="#fa40c"><span class="fn">40</span></a> “Entwurf einer Darstellung der zwischen dem Embryozustände +der höheren Thiere und dem per manenten der niederen stattfindenden +Parallele,” <i>Beyträge zur vergleichenden Anatomie</i>, Bd. ii. 1811.</p> +</div> + + +<hr class="art" /> +<p><span class="bold">EVORA,<a name="ar33" id="ar33"></a></span> the capital of an administrative district in the +province of Alemtejo, Portugal; 72 m. E. by S. of Lisbon, on +the Casa Branca-Evora-Elvas railway. Pop. (1900) 16,020. +Evora occupies a fertile valley enclosed by low hills. It is surrounded +by ramparts flanked with towers, and is further +defended by two forts; but the neglected condition of these, +combined with the narrow arcaded streets and crumbling walls +of Roman or Moorish masonry, gives the city an appearance +corresponding with its real antiquity. Evora is the see of an +archbishop, and has several churches, convents and hospitals, +barracks, a diocesan school and a museum. A university, +founded in 1550, was abolished on the expulsion of the Jesuits +in the 18th century. The cathedral, originally a Romanesque +building erected 1186-1204, was restored in Gothic style about +1400; its richly decorated chancel was added in 1761. The +church of São Francisco (1507-1525) is a good example of the +blended Moorish and Gothic architecture known as Manoellian. +The art gallery, formerly the archbishop’s palace, contains a +collection of Portuguese and early Flemish paintings. An +ancient tower, and the so-called aqueduct of Sertorius, 9 m. +long, have been partly demolished to make room for the market-square, +in which one of the largest fairs in Portugal is held at +midsummer. Both tower and aqueduct were long believed to +have been of Roman origin, but are now known to have been +constructed about 1540-1555 in the reign of John III., at the +instance of an antiquary named Resende. The aqueduct was +probably constructed on the site of the old Roman one. A small +Roman temple is used as a public library; it is usually known +as the temple of Diana, a name for which no valid authority +exists. Evora is of little commercial importance, except as an +agricultural centre, but its neighbourhood is famous for its mules +and abounds in cork-woods; there are also mines of iron, copper, +and asbestos and marble quarries.</p> + +<p>Under its original name of <i>Ebora</i>, the city was from 80 to 72 <span class="scs">B.C.</span> +the headquarters of Sertorius, and it long remained an important +Roman military station. It was called <i>Liberalitas Juliae</i> on +account of certain municipal privileges bestowed on it by +Julius Caesar (<i>c.</i> 100-44 <span class="scs">B.C.</span>). Its bishopric, founded in the +5th century, was raised to an archbishopric in the 16th. In +712 Evora was conquered by the Moors, who named it <i>Jabura</i>; +and it was only retaken in 1166. <span class="correction" title="amended from Fom">From</span> 1663 to 1665 it was held +by the Spaniards. In 1832 Dom Miguel, retreating before Dom +Pedro, took refuge in Evora; and here was signed the convention +of Evora, by which he was banished. (See <span class="sc"><a href="#artlinks">Portugal</a></span>.)</p> + +<p>The administrative district of Evora coincides with the central +part of Alemtejo (<i>q.v.</i>); pop. (1900) 128,062; area, 2856 sq. m.</p> + + +<hr class="art" /> +<p><span class="bold">ÉVREUX,<a name="ar34" id="ar34"></a></span> a town of north-western France, capital of the +department of Eure, 67 m. W.N.W. of Paris on the Western +railway to Cherbourg. Pop. (1906) town, 13,773; commune, +18,971. Situated in the pleasant valley of the Iton, arms of +which traverse it, the town, on the south, slopes up toward +the public gardens and the railway station. It is the seat of a +bishop, and its cathedral is one of the largest and finest in France. +Part of the lower portion of the nave dates from the 11th century; +the west façade with its two ungainly towers is, for the most part, +the work of the late Renaissance, and various styles of the +intervening period are represented in the rest of the church. +A thorough restoration was completed in 1896. The elaborate +north transept and portal are in the flamboyant Gothic; the choir, +the finest part of the interior, is in an earlier Gothic style. +Cardinal de la Balue, bishop of Évreux in the latter half of the +15th century, constructed the octagonal central tower, with its +elegant spire; to him is also due the Lady chapel, which is remarkable +for some finely preserved stained glass. Two rose windows +in the transepts and the carved wooden screens of the side chapels +are masterpieces of 16th-century workmanship. The episcopal +palace, a building of the 15th century, adjoins the south side +of the cathedral. An interesting belfry, facing the handsome +modern town hall, dates from the 15th century. The church of +St Taurin, in part Romanesque, has a choir of the 14th century +and other portions of later date; it contains the shrine of St +Taurin, a work of the 13th century. At Vieil Évreux, 3½ m. +south-east of the town, the remains of a Roman theatre, a palace, +baths and an aqueduct have been discovered, as well as various +relics which are now deposited in the museum of Évreux. Évreux +is the seat of a prefect, a court of assizes, of tribunals of first +instance and commerce, a chamber of commerce and a board of +trade arbitrators, and has a branch of the Bank of France, a +lycée and training colleges for teachers. The making of ticking, +boots and shoes, agricultural implements and gas motors, and +metal-founding and bleaching are carried on.</p> + +<p>Vieil-Évreux (<i>Mediolanum Aulercorum</i>) was the capital of the +Gallic tribe of the <i>Aulerci Eburovices</i> and a flourishing city during +the Gallo-Roman period. Its bishopric dates from the 4th +century.</p> + +<p>The first family of the counts of Évreux which is known +was descended from an illegitimate son of Richard I., duke of +Normandy, and became extinct in the male line with the death +of Count William in 1118. The countship passed in right of Agnes, +William’s sister, wife of Simon de Montfort-l’Amaury (d. 1087) +to the house of the lords of Montfort-l’Amaury. Amaury III. +of Montfort ceded it in 1200 to King Philip Augustus. Philip +the Fair presented it (1307) to his brother Louis, for whose benefit +Philip the Long raised the countship of Évreux into a peerage +of France (1317). Philip of Évreux, son of Louis, became king +of Navarre by his marriage with Jeanne, daughter of Louis the +Headstrong (Hutin), and their son Charles the Bad and their +grandson Charles the Noble were also kings of Navarre. The +latter ceded his countships of Évreux, Champagne and Brie +to King Charles VI. (1404). In 1427 the countship of Évreux +was bestowed by King Charles VII. on Sir John Stuart of +<span class="pagenum"><a name="page38" id="page38"></a>38</span> +Darnley (<i>c.</i> 1365-1429), the commander of his Scottish bodyguard, +who in 1423 had received the seigniory of Aubigny and +in February 1427/8 was granted the right to quarter the royal +arms of France for his victories over the English (see Lady +Elizabeth Cust, <i>Account of the Stuarts of Aubigny in France, +1422-1672</i>, 1891). On Stuart’s death (before Orleans during an +attack on an English convoy) the countship reverted to the crown. +It was again temporarily alienated (1569-1584) as an appanage +for Francis, duke of Anjou, and in 1651 was finally made over to +Frédéric Maurice de la Tour d’Auvergne, duke of Bouillon, in +exchange for the principality of Sedan.</p> + + +<hr class="art" /> +<p><span class="bold">EWALD, GEORG HEINRICH AUGUST VON<a name="ar35" id="ar35"></a></span> (1803-1875), +German Orientalist and theologian, was born on the 16th of +November 1803 at Göttingen, where his father was a linen-weaver. +In 1815 he was sent to the gymnasium, and in 1820 +he entered the university of his native town, where under +J.G. Eichhorn and T.C. Tychsen he devoted himself specially +to the study of Oriental languages. At the close of his academical +career in 1823 he was appointed to a mastership in the gymnasium +at Wolfenbüttel, and made a study of the Oriental manuscripts +in the Wolfenbüttel library. But in the spring of 1824 he was +recalled to Göttingen as <i>repetent</i>, or theological tutor, and in +1827 (the year of Eichhorn’s death) he became professor <i>extraordinarius</i> +in philosophy and lecturer in Old Testament exegesis. +In 1831 he was promoted to the position of professor <i>ordinarius</i> +in philosophy; in 1833 he became a member of the Royal +Scientific Society, and in 1835, after Tychsen’s death, he entered +the faculty of theology, taking the chair of Oriental languages.</p> + +<p>Two years later occurred the first important episode in his +studious life. In 1837, on the 18th of November, along with six +of his colleagues he signed a formal protest against the action +of King Ernst August (duke of Cumberland) in abolishing the +liberal constitution of 1833, which had been granted to the +Hanoverians by his predecessor William IV. This bold procedure +of the seven professors led to their speedy expulsion from the +university (14th December). Early in 1838 Ewald received a +call to Tübingen, and there for upwards of ten years he held a +chair as professor <i>ordinarius</i>, first in philosophy and afterwards, +from 1841, in theology. To this period belong some of his most +important works, and also the commencement of his bitter feud +with F.C. Baur and the Tübingen school. In 1847, “the great +shipwreck-year in Germany,” as he has called it, he was invited +back to Göttingen on honourable terms—the liberal constitution +having been restored. He gladly accepted the invitation. In +1862-1863 he took an active part in a movement for reform +within the Hanoverian Church, and he was a member of the synod +which passed the new constitution. He had an important share +also in the formation of the Protestantenverein, or Protestant +association, in September 1863. But the chief crisis in his life +arose out of the political events of 1866. His loyalty to King +George (son of Ernst August) would not permit him to take the +oath of allegiance to the victorious king of Prussia, and he was +therefore placed on the retired list, though with the full amount +of his salary as pension. Perhaps even this degree of severity +might have been held by the Prussian authorities to be unnecessary, +had Ewald been less exasperating in his language. +The violent tone of some of his printed manifestoes about this +time, especially of his <i>Lob des Königs u. des Volkes</i>, led to his +being deprived of the <i>venia legendi</i> (1868) and also to a criminal +process, which, however, resulted in his acquittal (May 1869). +Then, and on two subsequent occasions, he was returned by the +city of Hanover as a member of the North German and German +parliaments. In June 1874 he was found guilty of a libel on +Prince Bismarck, whom he had compared to Frederick II. in +“his unrighteous war with Austria and his ruination of religion +and morality,” to Napoleon III. in his way of “picking out the +best time possible for robbery and plunder.” For this offence +he was sentenced to undergo three weeks’ imprisonment. He +died in his 72nd year of heart disease on the 4th of May 1875.</p> + +<p>Ewald was no common man. In his public life he displayed +many noble characteristics,—perfect simplicity and sincerity, +intense moral earnestness, sturdy independence, absolute +fearlessness. As a teacher he had a remarkable power of kindling +enthusiasm; and he sent out many distinguished pupils, among +whom may be mentioned Hitzig, Schrader, Nöldeke, Diestel +and Dillmann. His disciples were not all of one school, but many +eminent scholars who apparently have been untouched by his +influence have in fact developed some of the many ideas which he +suggested. His numerous writings, from 1823 onwards, were +the reservoirs in which the entire energy of a life was stored. +His <i>Hebrew Grammar</i> inaugurated a new era in biblical philology. +All subsequent works in that department have been avowedly +based on his, and to him will always belong the honour of having +been, as Hitzig has called him, “the second founder of the +science of the Hebrew language.” As an exegete and biblical critic +no less than as a grammarian he has left his abiding mark. His +<i>Geschichte des Volkes Israël</i>, the result of thirty years’ labour, +was epoch-making in that branch of research. While in every line +it bears the marks of intense individuality, it is at the same time +a product highly characteristic of the age, and even of the decade, +in which it appeared. If it is obviously the outcome of immense +learning on the part of its author, it is no less manifestly the +result of the speculations and researches of many laborious +predecessors in all departments of history, theology and philosophy. +Taking up the idea of a divine education of the human +race, which Lessing and Herder had made so familiar to the +modern mind, and firmly believing that to each of the leading +nations of antiquity a special task had been providentially +assigned, Ewald felt no difficulty about Israel’s place in universal +history, or about the problem which that race had been called +upon to solve. The history of Israel, according to him, is simply +the history of the manner in which the one true religion really +and truly came into the possession of mankind. Other nations, +indeed, had attempted the highest problems in religion; but +Israel alone, in the providence of God, had succeeded, for Israel +alone had been inspired. Such is the supreme meaning of that +national history which began with the exodus and culminated +(at the same time virtually terminating) in the appearing of +Christ. The historical interval that separated these two events is +treated as naturally dividing itself into three great periods,—those +of Moses, David and Ezra. The periods are externally +indicated by the successive names by which the chosen people +were called—Hebrews, Israelites, Jews. The events prior to +the exodus are relegated by Ewald to a preliminary chapter of +primitive history; and the events of the apostolic and post-apostolic +age are treated as a kind of appendix. The entire construction +of the history is based, as has already been said, on a +critical examination and chronological arrangement of the +available documents. So far as the results of criticism are still +uncertain with regard to the age and authorship of any of these, +Ewald’s conclusions must of course be regarded as unsatisfactory. +But his work remains a storehouse of learning and is increasingly +recognized as a work of rare genius.</p> + +<div class="condensed"> +<p>Of his works the more important are:—<i>Die Composition der +Genesis kritisch untersucht</i> (1823), an acute and able attempt to +account for the use of the two names of God without recourse to the +document-hypothesis; he was not himself, however, permanently +convinced by it; <i>De metris carminum Arabicorum</i> (1825); <i>Das +Hohelied Salomo’s übersetzt u. erklärt</i> (1826; 3rd ed., 1866); <i>Kritische +Grammatik der hebr. Sprache</i> (1827)—this afterwards became the +<i>Ausführliches Lehrbuch der hebr. Sprache</i> (8th ed., 1870); and it was +followed by the <i>Hebr. Sprachlehre für Anfänger</i> (4th ed., 1874); +<i>Über einige ältere Sanskritmetra</i> (1827); <i>Liber Vakedii de Mesopotamiae +expugnatae historia</i> (1827); <i>Commentarius in Apocalypsin +Johannis</i> (1828); <i>Abhandlungen zur biblischen u. orientalischen +Literatur</i> (1832); <i>Grammatica critica linguae Arabicae</i> (1831-1833); +<i>Die poetischen Bücher des alten Bundes</i> (1835-1837, 3rd ed., 1866-1867); +<i>Die Propheten des alten Bundes</i> (1840-1841, 2nd ed., 1867-1868); +<i>Geschichte des Volkes Israël</i> (1843-1859, 3rd ed., 1864-1868); +<i>Alterthümer Israels</i> (1848); <i>Die drei ersten Evangelien übersetzt u. +erklärt</i> (1850); <i>Über das äthiopische Buch Henoch</i> (1854); <i>Die +Sendschreiben des Apostels Paulus übersetzt u. erklärt</i> (1857); <i>Die +Johanneischen Schriften übersetzt u. erklärt</i> (1861-1862); <i>Über das +vierte Esrabuch</i> (1863); <i>Sieben Sendschreiben des neuen Bundes</i> +(1870); <i>Das Sendschreiben an die Hebräer u. Jakobos’ Rundschreiben</i> +(1870); <i>Die Lehre der Bibel von Gott, oder Theologie des alten u. +neuen Bundes</i> (1871-1875). The <i>Jahrbücher der biblischen Wissenschaft</i> +(1849-1865) were edited, and for the most part written, by +him. He was the chief promoter of the <i>Zeitschrift für die Kunde des</i> +<span class="pagenum"><a name="page39" id="page39"></a>39</span> +<i>Morgenlandes</i>, begun in 1837; and he frequently contributed on +various subjects to the <i>Götting. gelehrte Anzeigen</i>. He was also the +author of many pamphlets of an occasional character.</p> + +<p>The following have been translated into English:—<i>Hebrew Grammar</i>, +by John Nicholson (from 2nd German edition) (London 1836); +<i>Introductory Hebrew Grammar</i> (from 3rd German edition) (London, +1870); <i>History of Israel</i>, 5 vols. (corresponding to vols. i.-iv. of the +German), by Russell Martineau and J. Estlin Carpenter (London, +1867-1874); <i>Antiquities of Israel</i>, by H.S. Solly (London, 1876); +<i>Commentary on the Prophets of the Old Testament</i>, by J. Frederick +Smith (2 vols., London, 1876-1877); <i>Isaiah the Prophet</i>, chaps. +i.-xxxiii., by O. Glover (London, 1869); <i>Life of Jesus Christ</i>, also +by O. Glover (London, 1865).</p> + +<p>See the article in Herzog-Hauck; T. Witton Davies, <i>Heinrich +Ewald</i> (1903); and cf. T.K. Cheyne, <i>Founders of Old Testament +Criticism</i> (1893); F. Lichtenberger, <i>History of German Theology in +the Nineteenth Century</i> (1889).</p> +</div> + + +<hr class="art" /> +<p><span class="bold">EWALD, JOHANNES<a name="ar36" id="ar36"></a></span> (1743-1781), the greatest lyrical poet of +Denmark, was the son of a melancholy and sickly chaplain at +Copenhagen, where he was born on the 18th of November 1743. +At the age of eleven he was sent to school at Schleswig, his +father’s birthplace, and returned to the capital only to enter +the university in 1758. His father was by that time dead, and +in his mother, a frivolous and foolish woman, he found neither +sympathy nor moral support. At fifteen he fell passionately +in love with Arense Hulegaard, a girl whose father afterwards +married the poet’s mother; and the romantic boy resolved on +various modes of making himself admired by the young lady. +He began to learn Abyssinian, for the purpose of going out as a +missionary to Africa, but this scheme was soon given up, and he +persuaded a brother, four years older than himself, to run away +that they might enlist as hussars in the Prussian army. They +managed to reach Hamburg just when the Seven Years’ War +was commencing and were allowed to enter a regiment. But +the elder brother soon got tired and ran away, while the poet, +after a series of extraordinary adventures, deserted to the +Austrian army, where from being drummer he rose to being +sergeant, and was only not made an officer because he was a +Protestant. In 1760 he was weary of a soldier’s life and deserted +again, getting safe back to Denmark. For the next two years +he worked with great diligence at the university, but the Arense +for whom he had gone through so much hardship and taken so +much pains married another man almost immediately after +Ewald’s final and very successful examination. The disappointment +was one from which he never recovered, but his own +weakness of will was largely to blame for it. He plunged into +dissipation of every kind, and gave his serious thoughts only to +poetry.</p> + +<p>In 1763 his first work, a perfunctory dissertation, <i>De pyrologia +sacra</i>, first saw the light. In 1764 he made a considerable success +with a short prose story in the popular manner of Sneedorf, +<i>Lykkens Tempel</i> (The Temple of Fortune), which was translated +into German and Icelandic. On the death of Frederick V., however, +Ewald first appeared prominently as a poet; he published in +1766 three <i>Elegies</i> over the dead king, which were received with +universal acclamation, and of which one, at least, is a veritable +masterpiece. But his dramatic poem <i>Adam og Eva</i> (Adam and +Eve), by far the finest imaginative work produced in Denmark +up to that time, was rejected by the Society of Arts in 1767 and +was not published until 1769. At the latter date, however, its +merits were perceived. In 1770 Ewald attained success with +<i>Philet</i>, a narrative and lyrical poem, and still more with his +splendid <i>Rolf Krage</i>, the first original Danish tragedy. For the +next ten years Ewald was occupied in producing one brilliant +poetical work after another, in rapid succession. In 1771 he +published <i>De brutale Klappers</i> (The Brutal Clappers), a tragi-comedy +or parody satirizing the dispute then raging between +the critics and the manager of the Royal Theatre; in 1772 +he translated from the German the lyrical drama of <i>Philemon +and Baucis</i>, and brought out his versified comedy of <i>Harlequin +Patriot</i>, a satire on the passion for political scribbling created by +Struensee’s introduction of the liberty of the press. In 1773 he +published <i>Pebersvendene</i> (Old Bachelors), a prose comedy. +In 1771 he had already collected some of his lyrical poems under +the title of <i>Adskilligt af Johannes Ewald</i> (Miscellanies). In 1774 +appeared the heroic opera of <i>Balder’s Död</i> (Balder’s Death), +and in 1779 the finest of his works, the lyrical drama <i>Fiskerne</i> +(The Fishers), which contains the Danish National Song, “King +Christian stood by the high Mast,” his most famous lyric. In +the two poems last mentioned, however, Ewald passed beyond +contemporary taste, and these great works, the pride of Danish +literature, were coldly received. But while the new poetry was +slowly winning its way into popular esteem, the poet did not lack +admirers, and at the head of these he founded in 1775 the Danish +Literary Society, a body which became influential, and which +made the study of Ewald a cultus. But the poet’s health had +broken; when he was writing <i>Rolf Krage</i> he was already an +inmate of the consumptive hospital, and when he seemed to be +recovering, his health was shattered again by a night spent in the +frosty streets. He embittered his existence by the recklessness +of his private life, and finally, through a fall from a horse, he +ended by becoming a complete invalid. His last ten years were +full of acute suffering; his mother treated him with cruelty, +his family with neglect, and but few even of his friends showed +any manliness or generosity towards him. In 1774 he was placed +in the house of an inspector of fisheries at Rungsted, where +Anna Hedevig Jacobsen, the daughter of the house, tended the +wasted poet with infinite tenderness and skill. He stayed in +this house for three years, and wrote there some of his finest later +lyrics. Meanwhile he had fallen deeply in love with the charming +solace of his sufferings and won her consent to a marriage. +This step, however, was prevented by his family, who roughly +removed him to their own keeping near Kronborg. Here he +was treated so infamously that he insisted on being taken back +to Copenhagen in 1777, where he found an older, but no less +tender nurse, in Ane Kirstine Skou. Here he wrote <i>Fiskerne</i> +with his imagination full of the familiar shore at Hornbaek, +near Rungsted. In 1780 he was a little better, and managed to +be present at the theatre at the first performance of his poem. +But this excitement hastened his end, and after months of extreme +agony he died on the 17th of March 1781, and was carried to +the grave by a large assembly of his admirers, since he was now +just recognized by the public for the first time as the greatest +national poet. Among his papers were found fragments of +three dramas, two on old Scandinavian subjects, entitled +<i>Frode</i> and <i>Helgo</i>, and the third a tragedy on the story of +<i>Hamlet</i>, which he meant to treat in a way wholly distinct from +Shakespeare’s.</p> + +<p>Ewald belongs to the race of poetical reformers who appeared +in all countries of Europe at the end of the 18th century; but it is +interesting to observe that in point of time he preceded all of +them. He was born six years earlier than Goethe and Alfieri, +sixteen years before Schiller, nine years before André Chénier, +and twenty-seven years earlier than Wordsworth, but he did for +Denmark what each of these poets did for his own country. +Ewald found Danish literature given over to tasteless rhetoric, +and without art or vigour. He introduced vivacity of style, +freshness and brevity of form, and an imaginative study of nature +which was then unprecedented. But perhaps his greatest claim +to notice is the fact that he was the first person to call the attention +of the Scandinavian peoples to the treasuries of their ancient +history and mythology, and to suggest the use of these in imaginative +writing. With a colouring more distinctly modern than that +of Collins and Gray, his lyrics yet resemble the odes of these his +English contemporaries more closely than those of any continental +poet; from another point of view his ballads remind us of those +of Schiller, which they preceded. His dramas, which had an +immense influence on the Danish stage, are now chiefly of antiquarian +interest, with the exception of “The Fishers,” a work +that must always live as a great national poem. In personal +character and in fate Ewald seems to have been not unlike +Heinrich Heine.</p> + +<div class="condensed"> +<p>The first collected edition of Ewald’s works began to appear in +his lifetime. It is in four volumes, 1780-1784. His works have +constantly been reprinted, but the standard edition is that by +Liebenberg, in 8 vols., 1850-1855. The best biographies of him are +those by C. Molbech (1831), Hammerich (1860) and Andreas Dolleris +(1900).</p> +</div> +<div class="author">(E. G.)</div> + +<p><span class="pagenum"><a name="page40" id="page40"></a>40</span></p> + + +<hr class="art" /> +<p><span class="bold">EWART, WILLIAM<a name="ar37" id="ar37"></a></span> (1798-1869), English politician, was +born in Liverpool on the 1st of May 1798. He was educated at +Eton and Christ Church, Oxford, gaining the Newdigate prize +for English verse. He was called to the bar at the Middle +Temple in 1827, and the next year entered parliament for the +borough of Bletchingley in Surrey. He subsequently sat for +Liverpool from 1830 to 1837, for Wigan in 1839, and for Dumfries +Burghs from 1841 until his retirement from public life in 1868. +He died at Broadleas, near Devizes, on the 23rd of January 1869, +Ewart, who was an advanced liberal in politics, was responsible +during his long political career for many useful measures. In +1834 he carried a bill for the abolition of hanging in chains, and +in 1837 he was successful in getting an act passed for abolishing +capital punishment for cattle-stealing and other offences. In +1850 he carried a bill for establishing free libraries supported out +of the rates, and in 1864 he was instrumental in getting an act +passed for legalizing the use of the metric system of weights and +measures. He was always a strong advocate for the abolition +of capital punishment, and on his motion in 1864 a select committee +was appointed to consider the subject. Other reforms +which he advocated and which have since been carried out were +an annual statement on education, and the examination of +candidates for the civil service and army.</p> + + +<hr class="art" /> +<p><span class="bold">EẂE<a name="ar38" id="ar38"></a></span>, a group of Negro peoples of the Slave Coast, West +Africa. By the natives their country is called <i>Eẃe-me</i>, “Land +of the Eẃe.” The Eẃe family forms five linguistic groups: +the Anlo or Anglawa on the Gold Coast frontier, the Krepi of +Anfueh speech, the Jeji, the Dahomeyans and the Mahi.</p> + +<div class="condensed"> +<p>See further Dahomey, and A.B. Ellis, <i>The Eẃe-Speaking Peoples +of the Slave Coast</i> ... (London, 1890).</p> +</div> + + +<hr class="art" /> +<p><span class="bold">EWELL, RICHARD STODDERT<a name="ar39" id="ar39"></a></span> (1817-1872), American +soldier, lieutenant-general in the Confederate army, was born in +Georgetown, now a part of Washington, D.C., on the 2nd of +February 1817, and graduated at West Point in 1840. As a +cavalry officer he saw much active service in the Mexican War +and later in Indian warfare in New Mexico. He resigned his +commission at the outbreak of the Civil War, and entered the +Confederate service. He commanded a brigade in the first Bull +Run campaign, and a division in the famous Valley Campaign +of “Stonewall” Jackson, to whom he was next in rank. At Cross +Keys he was in command of the forces which defeated General +Frémont. Ewell’s division served with Jackson in the Seven +Days and in the campaign of Second Bull Run. At the action +of Groveton Ewell lost a leg, but did not on that account retire +from active service, though other generals led his men in the +sanguinary battles of Antietam (where they lost 47% of their +numbers) and Fredericksburg. After the death of “Stonewall” +Jackson, Ewell was promoted lieutenant-general and appointed +to command the 2nd Corps, with which he had served from the +beginning of the Valley Campaign. His promotion set aside +General J.E.B. Stuart, the temporary commander of Jackson’s +corps; that Ewell, crippled as he was, was preferred to the +brilliant cavalry leader was a marked testimony to his sterling +qualities as a soldier. The invasion of Pennsylvania soon +followed, Ewell’s corps leading the advance of Lee’s army. A +federal force was skilfully cut off and destroyed near Winchester, +Va., and Ewell’s corps then raided Maryland and southern +Pennsylvania unchecked. At the battle of Gettysburg, the +2nd Corps decided the fighting of the first day in favour of +the Confederates, driving the enemy before them; on the +second day it fought a desperate action on Lee’s left wing. +Ewell took part in the closing operations of 1863 and in all the +battles of the Wilderness and Petersburg campaigns. In the +final campaign of 1865 he and the remnant of his corps were cut +off and forced to surrender at Sailor’s Creek, a few days before +his chief capitulated to Grant at Appomattox. After the war +General Ewell lived in retirement. He died near Spring Hill, +Maury County, Tennessee, on the 25th of January 1872.</p> + + +<hr class="art" /> +<p><span class="bold">EWING, ALEXANDER<a name="ar40" id="ar40"></a></span> (1814-1873), Scottish divine, was +born of an old Highland family in Aberdeen on the 25th of +March 1814. In October 1838 he was admitted to deacon’s +orders, and after his return from Italy he took charge of the +episcopal congregation at Forres, and was ordained a presbyter +in the autumn of 1841. In 1846 he was elected first bishop of +the newly restored diocese of Argyll and the Isles, the duties of +which position he discharged till his death on the 22nd of May +1873. In 1851 he received the degree of D.C.L. from the university +of Oxford. Though hampered by a delicate bodily constitution, +he worked in a spirit of buoyant cheerfulness. By the +charm of his personal manner and his catholic sympathies he +gradually attained a prominent position. In theological discussion +he contended for the exercise of a wide tolerance, and +attached little importance to ecclesiastical authority and +organization. His own theological position had close affinity +with that of Thomas Erskine of Linlathen and Frederick +Denison Maurice; but his opinions were the fruit of his own +meditation, and were coloured by his own individuality. The +trend of his teaching is only to be gathered from fragmentary +publications—letters to the newspapers, pamphlets, special +sermons, essays contributed to the series of <i>Present Day Papers</i>, +of which he was the editor, and a volume of sermons entitled +<i>Revelation considered as Light</i>.</p> + +<div class="condensed"> +<p>Besides his strictly theological writings, Ewing was the author +of the <i>Cathedral or Abbey Church of Iona</i> (1865), the first part of +which contains drawings and descriptive letterpress of the ruins, +and the second a history of the early Celtic church and the mission +of St Columba. See <i>Memoir of Alexander Ewing, D.C.L.</i>, by A.J. +Ross (1877).</p> +</div> + + +<hr class="art" /> +<p><span class="bold">EWING, JULIANA HORATIA ORR<a name="ar41" id="ar41"></a></span> (1841-1885), English +writer of books for children, daughter of the Rev. Alfred Gatty +and of Margaret Gatty (<i>q.v.</i>), was born at Ecclesfield, Yorkshire, +in 1841. One of a large family, she was accustomed to act as +nursery story-teller to her brothers and sisters, and her brother +Alfred Scott Gatty provided music to accompany her plays. +She was well educated in classics and modern languages, and at +an early age began to publish verses, being a contributor to +<i>Aunt Judy’s Magazine</i>, which her mother started in 1866. <i>The +Land of Lost Toys</i> and many other of Juliana’s stories appeared +in this magazine. In 1867 she married Major Alexander Ewing, +himself an author, and the composer of the well-known hymn +“Jerusalem the Golden.” From this time until her death +(13th <span class="correction" title="amended from may">May</span> 1885), previously to which she had been a constant +invalid, Mrs Ewing produced a number of charming children’s +stories. The best of these are: <i>The Brownies</i> (1870), <i>A Flat-Iron +for a Farthing</i> (1873), <i>Lob-lie-by the Fire</i> (1874), <i>The Story of a +Short Life</i> (1885) and <i>Jackanapes</i> (1884), the two last-named, in +particular, obtaining great success; among others may be +mentioned <i>Mrs Over-the-Way’s Remembrances</i> (1869), <i>Six to +Sixteen, Jan of the Windmill</i> (1876), <i>A Great Emergency</i> (1877), +<i>We and the World</i> (1881), <i>Old-Fashioned Fairy Tales, Brothers +of Pity</i> (1882), <i>The Doll’s Wash</i>, <i>Master Fritz</i>, <i>Our Garden</i>, <i>A +Soldier’s Children</i>, <i>Three Little Nest-Birds</i>, <i>A Week Spent in a +Glass-House</i>, <i>A Sweet Little Dear</i>, and <i>Blue-Red</i> (1883). Many +of these were published by the S.P.C.K. Simple and unaffected +in style, and sound and wholesome in matter, with quiet touches +of humour and bright sketches of scenery and character, Mrs +Ewing’s best stories have never been surpassed in the style of +literature to which they belong.</p> + + +<hr class="art" /> +<p><span class="bold">EWING, THOMAS<a name="ar42" id="ar42"></a></span> (1789-1871), American lawyer and statesman, +was born near the present West Liberty, West Virginia, on +the 28th of December 1789. His father, George Ewing, settled at +Lancaster, Fairfield county, Ohio, in 1792. Thomas graduated +at Ohio University, Athens, Ohio, in 1815, and in August 1816 +was admitted to the bar at Lancaster, where he won high rank +as an advocate. He was a Whig member of the United States +senate in 1831-1837, and as such took a prominent part in the +legislative struggle over the United States Bank, whose rechartering +he favoured and which he resolutely defended against +President Jackson’s attack, opposing in able speeches the withdrawal +of deposits and Secretary Woodbury’s “Specie Circular” +of 1836. In March 1841 he became secretary of the treasury in +President W.H. Harrison’s cabinet. When, however, after +President Tyler’s accession, the relations between the President +and the Whig Party became strained, he retired (September +1841) and was succeeded by Walter Forward (1786-1852). +<span class="pagenum"><a name="page41" id="page41"></a>41</span> +Subsequently from March 1849 to July 1850 he was a member +of President Taylor’s cabinet as the first secretary of the newly +established department of the interior. He thoroughly organized +the department, and in his able annual report advocated the +construction by government aid of a railroad to the Pacific +Coast. In 1850-1851 he filled the unexpired term of Thomas +Corwin in the U.S. Senate, strenuously opposing Clay’s compromise +measures and advocating the abolition of slavery in the +District of Columbia. He was subsequently a delegate to the +Peace Congress in 1861, and was a loyal supporter of President +Lincoln’s war policy. He died at Lancaster, Ohio, on the 26th +of October 1871.</p> + +<p>His daughter was the wife of General William T. Sherman. +His son, Hugh Boyle Ewing (1826-1905), served throughout the +Civil War in the Federal armies, rising from the rank of colonel +(1861) to that of brigadier-general (1862) and brevet major-general +(1865), and commanding brigades at Antietam and +Vicksburg and a division at Chickamauga; and was minister of +the United States to the Netherlands in 1866-1870. Another son, +Thomas Ewing (1829-1896), studied at Brown University in +1852-1854 (in 1894, by a special vote, he was placed on the +list of graduates in the class of 1856); he was a lawyer and a free-state +politician in Kansas in 1857-1861, and was the first chief-justice +of the Kansas supreme court (1861-1862). In the Civil +War he attained the rank of brigadier-general (March 1863) and +received the brevet of major-general (1865). He was subsequently +a representative in Congress from Ohio in 1877-1881; +and from 1882 to 1896 practised law in New York City, where he +was long one of the recognized leaders of the bar.</p> + + +<hr class="art" /> +<p><span class="bold">EXAMINATIONS.<a name="ar43" id="ar43"></a></span> The term “examination” (<i>i.e.</i> inspecting, +weighing and testing; from Lat. <i>examen</i>, the tongue of a balance) +is used in the following article to denote a systematic test of +knowledge, and of either special or general capacity or fitness, +carried out under the authority of some public body.</p> + +<p>1. <i>History.</i>—The oldest known system of examinations in +history is that used in China for the selection of officers for the +public service (<i>c.</i> 1115 <span class="scs">B.C.</span>), and the periodic tests which they +undergo after entry (<i>c.</i> 2200 <span class="scs">B.C.</span>). See <span class="sc"><a href="#artlinks">China</a></span>; also W.A.P. +Martin, <i>The Lore of Cathay</i> (1901), p. 311 et seq.; T.L. Bullock, +“Competitive Examinations in China” (<i>Nineteenth Century</i>, +July 1894); and Étienne Zi, <i>Pratique des examens littéraires en +Chine</i> (Shanghai, 1894). The abolition of this system was +announced in 1906, and, as a partial substitute, it was decided to +hold an annual examination in Peking of Chinese graduates +educated abroad (<i>Times</i>, 22nd of October 1906).</p> + +<p>The majority of examinations in western countries are derived +from the university examinations of the middle ages. The first +universities of Europe consisted of corporations of teachers and +of students analogous to the trade gilds and merchant gilds of +the time. In the trade gilds there were apprentices, companions, +and masters. No one was admitted to mastership until he had +served his apprenticeship (<i>q.v.</i>), nor, as a rule, until he had shown +that he could accomplish a piece of work to the satisfaction of the +gild.</p> + +<p>The object of the universities was to teach; and to the three +classes established by the gild correspond roughly the <i>scholar</i>, +the <i>bachelor</i> or pupil-teacher (see Rashdall i. 209, note 2, and 221, +note 5), and the <i>master</i> or <i>doctor</i> (two terms at first equivalent) +who, having served his apprenticeship and passed a definite +technical test, had received permission to teach. The early +universities of Europe, being under the same religious authority +and animated by the same philosophy, resembled each other very +closely in curriculum and general organization and examinations, +and by the authority of the emperor, or of the pope in most cases, +the permission to teach granted by one university was valid in +all (<i>jus ubicunque docendi</i>).</p> + +<p>The earliest university examinations of which a description is +available are those in civil and in canon law held at Bologna +at a period subsequent to 1219. The student was admitted +without examination as bachelor after from four to six years’ +study, and after from six to eight years’ study became +qualified as a candidate for the doctorate. He might obtain +the doctorate in both branches of law in ten years (Rashdall i. +221-222).</p> + +<p>The doctoral examination at Bologna in the 13th-14th +centuries consisted of two parts—a private examination which +was the real test, and a public one of a ceremonial character +(<i>conventus</i>). The candidate first took an “oath that he had +complied with all the statutable conditions, that he would give +no more than the statutable fees or entertainments to the rector +himself, the doctor or his fellow-students, and that he would +obey the rector.” He was then presented to the archdeacon of +Bologna by one or more doctors, who were required to have +satisfied themselves of his fitness by private examination. On +the morning of the examination, after attending mass, he was +assigned by one of the doctors of the assembled college two +passages (<i>puncta</i>) in the civil or canon law, which he retired to +his house to study, possibly with the assistance of the presenting +doctor. Later in the day he gave a lecture on, or exposition of, +the prepared passages, and was examined on them by two of +the doctors appointed by the college. Other doctors might then +put supplementary questions on law arising out of the passages, +or might suggest objections to his answers. The vote of the +doctors present was taken by ballot, and the fate of the candidate +was determined by the majority. The successful candidate, +who received the title of licentiate, was, on payment of a heavy +fee and other expenses, permitted to proceed to the <i>conventus</i> +or final public examination. This consisted in the delivery of +a speech and the defence of a thesis on some point of law, +selected by the candidate, against opponents selected from among +the students. The successful candidate received from the archdeacon +the formal “licence to teach” by the authority of the +pope in the name of the Trinity, and was invested with the +insignia of office. At Bologna, though not at Paris, the “permission +to teach” soon became fictitious, only a small number +of doctors being allowed to exercise the right of teaching in that +university (Rashdall).</p> + +<p>In the faculty of arts of Paris, towards the end of the 13th +century, the system was already more complicated than at +Bologna. The baccalaureate, licentiateship, and mastership +formed three distinct degrees. For admission to the baccalaureate +a preliminary test or “Responsions” was first required, at which +the candidate had to dispute in grammar or logic with a master. +The examiners then inspected the certificates (<i>schedulae</i>) of +residence and of having attended lectures in the prescribed +subjects, and examined him in the contents of his books. The +successful candidate was admitted to maintain a thesis against +an opponent, a process called “determination” (see Rashdall +i. 443 et seq.), and as bachelor was then permitted to give +“cursory” lectures. After five or six years from the date of beginning +his studies (matriculation) and being twenty years of age +(these conditions varied at different periods), a bachelor was +permitted to present himself for the examination for the licentiateship, +which was divided into two parts. The first part was +conducted in private by the chancellor and four examiners +(<i>temptatores in cameris</i>), and included an inquiry into the +candidate’s residence, attendance at lectures, and performance +of exercises, as well as examination in prescribed books; those +candidates adjudged worthy were admitted to the more important +examination before the faculty, and the names of +successful candidates were sent to the chancellor in batches of +eight or more at a time, arranged in order of merit. (The order +of merit at the examination for the licentiateship existed in +Paris till quite recently.) Each successful candidate was then +required to maintain a thesis chosen by himself (<i>quodlibetica</i>) +in St Julian’s church, and was finally submitted to a purely +formal public examination (<i>collatio</i>) at either the episcopal +palace or the abbey of Ste Geneviève, before receiving from +the chancellor, in the name of the Trinity, the licence to incept +or begin to teach in the faculty of arts. After some six months +more the licentiate took part “in a peculiarly solemn disputation +known as his ‘Vespers,’” then gave his formal inaugural +lecture or disputation before the faculty, and was received into +the faculty as master. This last process was called “inception.”</p> + +<p><span class="pagenum"><a name="page42" id="page42"></a>42</span></p> + +<p>In discussing the value of medieval examinations of the kind +described, Paulsen (<i>The German Universities</i> (1906), p. 25) asserts +that they were well adapted to increase a student’s alertness, +his power of comprehending new ideas, and his ability quickly +and surely to assimilate them to his own, and that “they did +more to enable [students] to grasp a subject than the mute and +solitary reviewing and cramming of our modern examinations +can possibly do.” At their best they fulfilled precisely the +technical purpose for which they were intended; they fully +tested the capacity of the candidate to teach the subjects which +he was required to teach in accordance with the methods which +he was required to use. The limitations of the test were the +limitations of the educational and philosophic ideals of the time, +in which a dogmatic basis was presupposed to all knowledge +and criticism was limited to the superstructure. At their worst, +even with venal examiners (and additional fees were often offered +as a bribe), Rashdall regards these examinations (at the end of +the 13th century) as probably “less of a farce than the pass +examinations of Oxford and Cambridge almost within the +memory of persons now living.” It is, however, to be pointed out +that the standard in Paris and elsewhere at a later date became +scandalously low in some cases. In some universities the sons of +nobles were regularly excused certain examinations. At Cambridge +in 1774 Fellow Commoners were examined with such +precipitation to fulfil the formal requirements of the statutes +that the ceremony was termed “huddling for a degree” (Jebb, +<i>Remarks upon the Present Mode of Education in the University +of Cambridge</i>, 4th ed., 1774, p. 32). The last privileges of this +kind were abolished at Cambridge by a grace passed on the 20th +of March 1884.</p> + +<p>In the medieval examinations described above we find most of +the elements of our present examinations: certificates of previous +study and good conduct, preparation of set-books, questioning +on subjects not specially prepared, division of examinations +into various parts, classification in order of merit, payment of +fees, the presentation of a dissertation, and the defence and +publication of a thesis (a term of which the meaning has now +become extended).</p> + +<p>The requirement to write answers to questions written or +dictated, to satisfy a practical test (other than in teaching), +and a clinical test in medicine, appear to be of later date.<a name="fa1d" id="fa1d" href="#ft1d"><span class="sp">1</span></a> The +medieval candidate for the doctorate in medicine, although +required to have attended practice before presenting himself, +discussed as his thesis a purely theoretical question, often +semi-theological in character, of which as an extreme example +may be quoted “whether Adam had a navel.”</p> + +<p>The competitive system was developed considerably at +Louvain, and in the 15th century the candidates for the mastership +of arts were divided into three classes (<i>rigorosi</i>, honour-men; +<i>transibiles</i>, pass-men; <i>gratiosi</i>, charity-passes), while a fourth, +which was not published, contained the names of those who failed. +In the 17th century the first class comprised the names of twelve, +and the second, of twenty-four, candidates, who were divided +on the report of their teachers into classes before the examination, +and finally arranged in order of merit by the examiners +(Vernulaeus, quoted by Sir W. Hamilton, <i>Discussions</i>, 1852; +p. 647; Rashdall, loc. cit. ii. 262). At the Cambridge tripos (as +described by Jebb in 1774, <i>Remarks</i>, &c. , pp. 20-31) the first +twenty-four candidates were also selected by a preliminary test; +they were then divided further into “wranglers” (the disputants, +<i>par excellence</i>) and <i>Senior Optimes</i>, the next twelve on the list +being called the <i>Junior Optimes</i>. These names have in the +mathematics tripos survived the procedure. (The name <i>Tripos</i> +is derived from the three-legged stool on which “an old +bachilour,” selected for the purpose, sat during his disputation +with the senior bachelor of the year, who was required to propound +two questions to him.)</p> + +<p>The subjects in which the medieval universities examined +were (i.) those of the trivium and quadrivium in the faculty of +arts; (ii.) theology; (iii.) medicine; and (iv.) civil and canon +law. The number of subjects in which examinations are held +has since grown immensely. We can only sketch in outline +the transformations of certain typical university systems of +examinations.</p> + +<p>At Oxford there is no record of a process of formal examination +on books similar to that of Paris (Rashdall, ii. 442 et seq.), +disputations being apparently the only test applied in its early +history. Examinations were definitely introduced for the B.A. +and M.A. degrees by Laud in 1636-1638 (Brodrick, <i>History of +Oxford</i>, p. 114), but the standard prescribed was so much beyond +the actual requirements of later times that it may be doubted if +it was enforced. The studies fell in the 18th century into an +“abject state,” from which they were first raised by a statute +passed in 1800 (<i>Report of Oxford University Commission of +1850-1852</i>, p. 60 et seq.), under which distinctions were first +allotted to the ablest candidates for the bachelor’s degree. +Further changes were made in 1807 and 1825; and in 1830 a +distinction was made between honours examinations of a more +difficult character, at which successful candidates were divided +into four classes, and pass examinations of an easier character. +By the statutes of 1849 and 1858 an intermediate “Moderations” +examination was instituted between the preliminary examination +called “Responsions” and the final examination. Since 1850, +although fresh subjects of examination have been introduced, +no considerable change of system has been made.</p> + +<p>The bachelor’s degree at Oxford tended from an early period to +be postponed to an advanced stage of studies, while the requirements +for the master’s degree diminished until, in 1807, the +examination for the M.A. was abolished. It is now awarded to +bachelors of three years’ standing on payment of a fee.</p> + +<p>Cambridge in early times followed the example of Oxford, +and here also the bachelor’s degree became more and more +important (Bass Mullinger, <i>History of the University of Cambridge +from 1535</i>..., p. 414), and the M.A. has been finally reduced to +a mere formality, awarded on terms similar to those of the sister +university. The standard of examinations was raised in Cambridge +at an earlier date than at Oxford, and in the 18th century +the tripos “established the reputation of Cambridge as a School +of Mathematical Science.” The school, however, produced +few, if any, great mathematicians between Newton and George +Green. It was only between 1830 and 1840 that the standard +of the tripos became a high one. At Cambridge there is no +intermediate examination between the “Previous Examination” +(commonly called “Little-go”), which corresponds to Oxford +“Responsions” or “Smalls” and the triposes and examinations +for the “Poll” degree, which correspond to the Oxford final +honours and pass examinations respectively. But most of the +triposes have been divided into two parts, of which the second is +not obligatory in order to obtain a degree. The “senior wrangler” +was the first candidate in order of merit in the first part of the +mathematical tripos. The abolition of order of merit at this +examination was decided on in 1906, and names of candidates +appeared in this order for the last time in 1909.</p> + +<p>At the Scottish universities the B.A. degree has become +extinct, and the M.A., awarded on the results of examination, +is the first degree in the faculty of arts.</p> + +<p>The incorporation of the university of London in 1836 marks an +era in the history of examinations; the teaching and examining +functions of a university were dissociated for the first time. +Until 1858 the London examinations were open only to students +in affiliated colleges, and the teachers had no share in the appointment +of the examiners or in determining the curricula for examinations; +in 1858 the examinations were thrown open to all comers, +and no requirements were insisted on with regard to courses of +study except for degrees in the faculty of medicine. The sole +function of the university was to examine, and its examinations +for matriculation and for degrees in arts and science were carried +on by means of written papers not only in London but in many +centres in the United Kingdom and the colonies. From the +<span class="pagenum"><a name="page43" id="page43"></a>43</span> +first the degrees were (unlike those of Oxford and Cambridge +until 1871) open to all male persons without religious distinctions; +and in 1878 they were opened to women. (Tripos examinations +were thrown open to women at Cambridge by the grace of 24th +Feb. 1881, and at Oxford women were admitted to examinations +for honours by statute of 29th April 1884. Proposals to admit +women to university degrees were rejected by Oxford and +Cambridge in 1896 and 1897 respectively.)</p> + +<p>The standard of difficulty set by the university of London +was a high one, very much higher for its pass degrees than the +corresponding standards at Oxford and Cambridge, while the +standard for honours was equally high. In medicine the +examinations were made both wider in range and more searching +than those of any other examining body. But, for reasons dealt +with below, great discontent was roused by the new system. +In 1880 the Victoria University, Manchester, was established, +in which teaching and examining were again united; and in the +universities since established, with the exception of the Royal +University of Ireland (which was created in 1880 as an examining +body on the model of London, but which was dissolved under the +Irish Universities Act 1908, and replaced by the National University +of Ireland and the Queen’s University of Belfast), the precedent +of Victoria has been followed. By an act passed in 1898, +of which the provisions came into force in 1900, the university of +London was reconstituted as a teaching university, although +provision was made for the continuance of the system of examinations +by “external examiners” for “external students,” together +with “internal examinations” for “internal students,” in which +the teachers and the external examiners of the university are +associated. The examinations in music and the final examinations +in law and medicine are carried on [1910] both for +“internal” and “external” students by “external” examiners +only, who are, however, appointed on the recommendation of +boards of studies consisting mainly of London teachers.</p> + +<p>At the university of Dublin, examinations have been maintained +both for the B.A. and M.A. degrees, and students may be +admitted to the examinations in subjects other than divinity, +law, medicine, and engineering without attendance at university +courses.</p> + +<p>The examinations of the newer universities, the Victoria University +of Manchester, Birmingham, Liverpool, Leeds, Sheffield +and Wales, are open only to students at these universities, +and are conducted by the teachers in association with one or +more external examiners for each subject. In some universities, +<i>e.g.</i> Manchester, the M.A. degree is given after examination to +students who have taken a pass, and without examination to +those who have taken an honours degree.</p> + +<p>The universities which have departed furthest from the +medieval system of examinations, at any rate in appearance, +are those of Germany. The baccalaureate has disappeared, +but students cannot be matriculated without having passed the +<i>Abiturienten-examen</i> (see below), probably the most severe of +all entrance examinations (foreign students may be exempted +under certain conditions). The student desiring to proceed to +the doctorate is free from examinations thereafter until he +presents his thesis for the doctor’s degree,<a name="fa2d" id="fa2d" href="#ft2d"><span class="sp">2</span></a> when, if it is accepted, +he is submitted to a public oral examination not only in his +principal subject (<i>Hauptfach</i>), but also as a rule in two or more +collateral subjects (<i>Nebenfächer</i>). The doctor’s degree does not +give the right to teach in a faculty (<i>venia legendi</i>). To acquire +this a doctor must present a further thesis (<i>Habilitationsschrift</i>), +and must deliver two lectures, one before the faculty, followed +by a discussion (<i>colloquium</i>), the other in public; but these +lectures “seem to be merely secondary and are tending to become +so more and more”; “scientific productiveness is so sharply +emphasized among the conditions for admission that it overshadows +all the rest” (Paulsen, <i>loc. cit.</i> p. 165).</p> + +<p>In France the examination for the baccalaureate, though +conducted in part by university examiners, has become a school-leaving +examination (see below). The licentiateship has been +preserved in the faculties of arts, science and laws, and is in +point of difficulty about equal to the pass degree examinations +of the university of London, though differing in the nature of the +tests. In the faculty of sciences, the three subjects of examination +selected may, under a recent regulation, be taken separately. +Until a few years ago the successful candidates at the licentiateship +were arranged in order of merit. For the doctorate in the +faculty of letters two theses must be submitted, of which the +subject and plan must be approved by the faculty (until recently +one of them was required to be written in Latin). Permission +to print the theses is given by the rector or vice-rector after +report from one or more professors, and they are then discussed +publicly by the faculty and the candidate (<i>soutenance de thèse</i>). +In this public discussion the “disputation” of the middle ages +survives in its least changed form. The literary theses required +by French universities are, as a rule, volumes of several hundred +pages, and more important in character even than the +German <i>Habilitationsschrift</i>. The possession of the doctorate +is a <i>sine qua non</i> for eligibility to a university chair, and to a +lectureship in the university of Paris.</p> + +<p>In the faculty of sciences a candidate for the doctorate may +submit two theses, or else submit one thesis and undergo an +oral examination.</p> + +<p>For the doctorate in law, a thesis and two oral examinations are +required.</p> + +<p>In the faculty of medicine there is no licentiateship, but for +the doctorate six examinations must be passed and a thesis +submitted.</p> + +<p>There is also a special doctorate, the “<i>doctorat d’Université</i>,” +awarded on a thesis and an oral examination; and there are +diplomas (<i>Diplômes d’Études supérieures</i>) awarded on dissertations +and examinations on subjects in philosophy, history and +geography, classics or modern languages, selected mainly by the +candidate and approved by the faculty.</p> + +<p>2. <i>Professional Examinations.</i> (<i>a</i>) <i>Teaching.</i>—University examinations +for degrees having ceased to be used as technical +tests of teaching capacity, new examinations have been devised +for this purpose. The test for German university teachers has +been described above. For secondary teachers, W. von Humboldt +instituted a special examination in 1810 (Paulsen, <i>Gesch. +des gelehrten Unterrichts</i>, ii. pp. 283 and 393), and an examination +for primary teachers was instituted in Prussia in 1794.</p> + +<p>In France there is a competitive examination for secondary +teachers, the <i>agrégation</i>, originally established in 1766. <i>Agrégés</i> +have a right to state employment and they alone can occupy the +highest teaching post (<i>chaire de professeur</i>) in a state secondary +school, other posts being open to licentiates. There are also +examinations for primary teachers. The tests for teachers are +different for the two sexes.</p> + +<p>In England there is no obligatory test for secondary teachers. +The universities and the College of Preceptors conduct examinations +for teaching diplomas. The Board of Education holds +special examinations (Preliminary Certificate examination and +Certificate examination, &c. ) for primary teachers.</p> + +<p>(<i>b</i>) <i>Medicine.</i>—See <span class="sc"><a href="#artlinks">Medical Education.</a></span></p> + +<p>(<i>c</i>) <i>Other Professions.</i>—A system of professional examinations +carried on by professional bodies, in some cases with legal +sanction, was developed in England during the 19th century. +Those in the following subjects are the most important: +Accountancy (Institute of Chartered Accountants and Society +of Accountants and Auditors), actuarial work (Institute of +Actuaries), music (Royal Academy of Music, Royal College of +Music, Trinity College of Music, Royal College of Organists, and +the Incorporated Society of Musicians), pharmacy (Pharmaceutical +Society), plumbing (the Plumbers’ Company), surveying +(Surveyors’ Institution), veterinary medicine (Royal College of +Veterinary Surgeons), technical subjects, <i>e.g.</i> cotton-spinning, +dyeing, motor-manufacture (City & Guilds of London Institute), +architecture (Royal Institute of British Architects), commercial +<span class="pagenum"><a name="page44" id="page44"></a>44</span> +subjects, shorthand (the Society of Arts and London Chamber +of Commerce), engineering (Institutions of Civil Engineers, of +Mechanical Engineers, and of Electrical Engineers).</p> + +<p>3. <i>School-leaving Examinations.</i>—The faculty of arts in +medieval universities covered secondary as well as higher +education in the subjects concerned. The division in arts subjects +between secondary and university education has been drawn at +different levels in different countries. Thus the first two years +of the arts curriculum in English and American universities +correspond, roughly speaking, to the last two years spent in a +secondary school of Germany or France, and the continental +“school-leaving examinations” correspond to the intermediate +examinations of the newer English universities and to the pass +examinations for the degree at Oxford and Cambridge (Mark +Pattison, <i>Suggestions on Academical Organization</i>, 1868, p. 238, +and Matthew Arnold, <i>Higher Schools and Universities in +Germany</i>, 1892, p. 209).</p> + +<p>A tabular summary is given (see Tables I., II., III., IV.) of the +requirements of the secondary school-leaving examinations of +France, Prussia (for the nine-year secondary schools) and +Scotland, and of the university of London.</p> + +<p>There are in England a number of school examinations which, +under prescribed conditions, also serve as school-leaving examinations, +and give entrance to certain universities, especially the +Oxford and Cambridge local examinations (both established in +1858), and the examinations of the Oxford and Cambridge “Joint +Board.” A movement to reduce the number of entrance examinations +and to secure uniformity in their standard was set on foot in +1901. In that year the General Medical Council communicated +to the Board of Education a memorial on the subject from +the Headmasters’ Conference. The memorial was further communicated +to various professional bodies concerned. Conferences +were held by the consultative committee of the Board of Education +in 1903, with representatives of the universities, the Headmasters’ +Conference, the Association of Head-Masters, the +Association of Head-Mistresses, the College of Preceptors, the +Private Schools’ Association, and with representatives of professional +bodies. The committee were of opinion that a central +board, consisting of representatives of the Board of Education +and the different examining bodies, should be established, to +co-ordinate and control the standards of the examinations, +and to secure interchangeability of certificates, &c. , as soon as +a sufficient number of such bodies signified their willingness to +be represented on the board. They recommended that the +examination should be conducted by external and internal examiners, +representing in each case the examining body and the +school staff respectively, and that reports on the school work of +candidates should be available for reference by the examiners +(circular of the Board of Education of 12th of July 1904).</p> + +<p>The “accrediting” system in the United States was started by +the university of Michigan in 1871. A school desiring to be +accredited is submitted to inspection without previous notice. +If the inspection is satisfactory, the school is accredited by a +university for from one to three years, and upon the favourable +report of its principal any of its students are admitted to the +university by which it has been accredited without any entrance +examination. In practice it is found that many students whom +their teachers refuse to certify are able to pass the university +entrance examination. The statistics of nine years show that the +standard of the certified students is higher than that of non-certified +students. Two hundred and fifty schools are accredited +by the university of Michigan. In 1904 it was stated that the +system was gaining favour in the east,<a name="fa3d" id="fa3d" href="#ft3d"><span class="sp">3</span></a> and that it had been +adopted more or less by all the eastern colleges and universities +with the exception of Harvard, Yale, Princeton and Columbia.</p> + +<p>4. <i>Methods of Examination.</i>—Examinations may test (i.) +knowledge, or, more exactly, the power of restating facts and +arguments of a kind that may be learnt by rote; (ii.) the power +of doing something, <i>e.g.</i> of making a <i>précis</i> of a written document, +of writing a letter or a report on a particular subject with a +particular object in view, of translating from or into a foreign +language, of solving a mathematical problem, of criticizing a +passage from a literary work, of writing an essay on an historical +or literary subject with the aid of books in a library, of diagnosing +the malady of a patient, of analysing a chemical mixture or compound; +and (the highest form under the rubric) of making an +original contribution to learning or science as the result of +personal investigation or experiment. Examinations are carried +out at present by means of (1) written papers; (2) oral examinations; +(3) practical, including in medicine clinical, tests; (4) +theses; or a combination of these.</p> + +<p>In written examinations the candidates are, as a rule, supplied +with a number of printed questions, of which they must answer +all, or a certain proportion, within a given time, +varying, as a rule, from 1½ to 3 hours, the latter being +<span class="sidenote">Written.</span> +the duration most generally adopted for higher examinations in +England. Whereas in France and Germany the questions are +generally few in number and require long answers, showing +constructive skill and mastery of the mother-tongue on the part +of the candidates, such “essay-papers” are comparatively rare +in England. In many subjects, the written examinations test +memory rather than capacity. It has been suggested that sets +of questions to be answered in writing should as a rule be divided +into two parts: (i.) a number of questions requiring short answers +and intended to test the range of the candidate’s knowledge; +(ii.) questions requiring long answers, intended to test its depth, +and the candidate’s powers of co-ordination and reflection. +A necessary condition for the application of the second kind of +test is that time should be given for reflection and for rewriting, +say one-third or one-quarter of the whole time allowed. A +further distinction is important, especially in such subjects as +mathematics or foreign languages, in which it is legitimate to ask +what precise power on the part of a candidate the passing of +an examination shall signify. Owing to a prevailing confusion +between tests of memory and tests of capacity, the allowance +for chance fairly applied to the former is apt to be unduly +extended to the latter. In applying tests of memory, it may be +legitimate to allow a candidate to pass who answers correctly +from 30 to 50% of the questions; such an allowance if applied +to a test of capacity, such as the performance of a sum in addition, +the solution of triangles by means of trigonometrical tables, +or the translation of an easy passage from a foreign language, +appears to be irrational. A candidate who obtains only 50% +of the marks in performing such operations cannot be regarded as +being able to perform them; and, if the examination is to be +treated as a test of his capacity to perform them, he should be +rejected unless he obtains full marks, less a certain allowance +(say 10, or at most 20%) in view of the more or less artificial +conditions inherent in all examinations.</p> + +<p>The oral examination is better suited than the written to +discover the range of a candidate’s knowledge; it also serves +as a test of his powers of expression in his mother-tongue, +or in a foreign language, and may be used (as +<span class="sidenote">Oral.</span> +in the examination for entrance to the Osborne Naval College) +to test the important qualities (hardly tested in any other +examinations at present), readiness of wit, common-sense and +nerve. It may be objected that candidates are heavily handicapped +by nervousness in oral examinations, but this objection +does not afford sufficient ground for rejecting the test, +provided that it is supplemented by others. Oral tests are +used almost invariably in medical examinations; and there +is a growing tendency to make them compulsory in dealing +with modern languages. Oral examinations are much more +used abroad than in England, where the pupils during their +school years receive but little exercise in the art of consecutive +speaking.</p> + +<p><span class="pagenum"><a name="page45" id="page45"></a>45</span></p> + +<p class="pt2 center">TABLE I.—PRUSSIA: ABITURIENTEN EXAMEN</p> + +<table class="nobctr f90" summary="Contents"> +<tr><td class="tccm allb">I.<br />Name of Examination.</td> + + <td class="tclm allb" colspan="3"><p><i>Abiturienten Examen</i> (established in 1788).</p></td></tr> + +<tr><td class="tccm allb">II.<br />Minimum Age for Entry.</td> + + <td class="tclm allb" colspan="3"><p>Age only limited by condition of length of school course. The usual + age is 17-18.</p></td></tr> + +<tr><td class="tccm allb">III.<br />Length of Course of Study.</td> + + <td class="tclm allb" colspan="3"><p>   9 years.<br /><br /></p> + <p>Candidates who have not attended the 9 years’ school course may be + admitted to the examination on special application.</p></td></tr> + +<tr><td class="tccm allb" rowspan="3">IV.<br />Subjects.</td> + + <td class="tccm allb">In <i>Gymnasium</i>.</td> + + <td class="tcl allb" style="width: 35%;"><p class="center">Written.<br /></p> + <p>German essay.</p> + <p>Mathematics.</p> + <p>Translation into Latin.</p> + <p>Translation from Greek into German.</p></td> + + <td class="tcl allb" style="width: 35%;"><p class="center">Oral.<br /></p> + <p>Latin.</p> + <p>Greek.</p> + <p>English or French.</p> + <p>Religion.</p> + <p>History.</p> + <p>Mathematics.</p></td></tr> + + <tr><td class="tccm allb">In <i>Real-Gymnasium</i>.</td> + + <td class="tcl allb"><p class="center">Written.<br /></p> + <p>German essay.</p> + <p>Mathematics.</p> + <p>Translation from Latin.</p> + <p>Translation from German into or essay in English or French.</p> + <p>Physics.</p></td> + + <td class="tcl allb"><p class="center">Oral.<br /></p> + <p>Latin.</p> + <p>English.</p> + <p>French.</p> + <p>Physics or Chemistry.</p> + <p>Religion.</p> + <p>History.</p> + <p>Mathematics.</p></td></tr> + + <tr><td class="tccm allb">In <i>Ober-Realschule</i>.</td> + + <td class="tcl allb"><p class="center">Written.<br /></p> + <p>German essay.</p> + <p>Mathematics.</p> + <p>An exercise in French and in English (an essay in one language and a translation + from the other into German).</p> + <p>Physics or Chemistry.</p></td> + + <td class="tcl allb"><p class="center">Oral.<br /></p> + <p>English.</p> + <p>French.</p> + <p>Physics.</p> + <p>Chemistry.</p> + <p>Religion.</p> + <p>History.</p> + <p>Mathematics.</p></td></tr> + +<tr><td class="tccm allb">V.<br />Co-ordination with Teaching.</td> + + <td class="tclm allb" colspan="3"><p>The object of the examination is defined as being a test of whether + the candidate has fulfilled the aims laid down in the curricula, + &c. , prescribed for a <i>Gymnasium</i>, <i>Real-gymnasium</i>, or + <i>Ober-realschule</i>, as the case may be, and the subjects of + examination are those prescribed in the curricula for the kind of + school concerned.</p> + + <p>The report on the school work of each candidate in his various + subjects is laid before the Examining Board before the beginning of + the examination.</p></td></tr> + +<tr><td class="tccm allb">VI.<br />Examiners.</td> + + <td class="tclm allb" colspan="3"><p>The Examining Board consists of a government inspector (<i>der + Königliche Kommissar</i>) acting as chairman, the headmaster of the + school, and the teachers of the highest classes in the school. The + inspector may nominate a deputy, who is as a rule, the headmaster of + the school.</p> + + <p>Each teacher concerned selects for the written examination three + alternative subjects in his branch, from which, after receiving a + report thereon from the headmaster, the inspector makes a final + choice.</p> + + <p>The papers are marked by the teachers concerned and circulated the + the whole Board of Examiners, who then decide whether individual + candidates shall be (i.) rejected, (ii.) admitted with (ii.) + admitted with oral examination, or (iii.) submitted to the oral + examination.</p></td></tr> + +<tr><td class="tccm allb">VII.<br />Nature of Examination and General Remarks.</td> + + <td class="tclm allb" colspan="3"><p>The written examination extends over four or five days. Only one + paper is given each day, for which 3 to 5½ hours are allowed (5½ + hours for the German essay). For essays in foreign languages + dictionaries may be used.</p></td></tr> +</table> + +<p class="pt2 center">TABLE II.—FRANCE: BACCALAURÉAT</p> + +<table class="nobctr f90" summary="Contents"> +<tr><td class="tccm allb">I.<br />Name of Examination.</td> + + <td class="tclm allb" colspan="2"><p><i>Baccalauréat de l’enseignement secondaire.</i></p> + + <p>This examination has been carried on under different forms since + 1808. The regulations summarized here date from 1902, when the + <i>baccalauréat</i> described replaced the <i>baccalauréat-ès-lettres, + baccalauréat-ès-sciences</i>, and <i>baccalauréat de l’enseignement + moderne.</i></p></td></tr> + +<tr><td class="tccm allb">II.<br />Minimum Age for Entry.</td> + + <td class="tclm allb" colspan="2"><p>Part I., 16, or, with special permission, 15.</p> + + <p>Part II. may not be taken within an academic year after passing Part I.</p></td></tr> + +<tr><td class="tccm allb">III.<br />Length of Course of Study.</td> + + <td class="tclm allb" colspan="2"><p>There is no requirement of attendance. Part I. of the examination + corresponds exactly to the subjects taken in the “second cycle” of + secondary education, and Part II. to the <i>classe de philosophie</i> and + <i>classe de mathématiques.</i></p> + + <p>See also under V.</p></td></tr> + +<tr><td class="tccm allb" rowspan="4">IV.<br />Subjects.</td> + + <td class="tclm allb" colspan="2"><p>Part I. is divided into four Branches, viz.:—</p> + <p>   (1) Latin-Greek.</p> + <p>   (2) Latin-modern languages.</p> + <p>   (3) Latin-science.</p> + <p>   (4) Science-modern languages.</p> + + <p>In each Branch the examination is divided into two parts, viz., + written and oral. The nature of the examination may be indicated by + the following requirements in Branch (1):—</p></td></tr> + + <tr><td class="tcl allb" style="width: 43%;"><p class="center">Written</p> + <p>(i.) French composition.</p> + <p>(ii.) Translation from Latin.</p> + <p>(iii.) Translation from Greek.</p></td> + + <td class="tcl allb" style="width: 43%;"><p class="center">Oral</p> + <p>(i.) Explanation of a Greek text.</p> + <p>(ii.) Explanation of a Latin text.</p> + <p>(iii.) Explanation of a French text.</p> + <p>(iv.) Text in a modern foreign language.</p> + <p>(v.) Interrogation on ancient history.</p> + <p>(vi.) Interrogation on modern history.</p> + <p>(vii.) Interrogation on geography.</p> + <p>(viii.) Interrogation on mathematics.</p> + <p>(ix.) Interrogation on physics.</p></td></tr> + +<tr><td class="tclm allb" colspan="2"><p>Part II. is divided into two Branches, viz.:—</p> + + <p>   (1) Philosophy.</p> + <p>   (2) Mathematics.</p> + + <p>The nature of the examination may be indicated by the following + requirements in Branch (I):—</p></td></tr> + +<tr><td class="tcl allb"><p class="center">Written</p> + <p>(i.) An essay in French on a philosophical subject.</p> + <p>(ii.) An examination in physical and natural science.</p></td> + + <td class="tcl allb"><p class="center">Oral</p> + <p>(i.) Interrogation on philosophy and philosophical writers.</p> + <p>(ii.) Interrogation on contemporary history.</p> + <p>(iii.) Interrogation on physical science.</p> + <p>(iv.) Interrogation on natural science.</p></td></tr> + +<tr><td class="tccm allb">V.<br />Co-ordination with Teaching.</td> + + <td class="tclm allb" colspan="2"><p>The syllabus of the examination is that prescribed for the higher + classes in the Government secondary schools.</p> + + <p>The candidate may submit his <i>livret scolaire</i>, or school record, + which will be taken into account.</p></td></tr> + +<tr><td class="tccm allb">VI.<br />Examiners.</td> + + <td class="tclm allb" colspan="2"><p>The Board of Examiners (or “jury”) consists of (i.) University + examiners being members of a faculty of letters or faculty of + sciences; (ii.) secondary teachers, active or retired, selected by + the minister of public instruction. The Board consists of from four + to six examiners, of whom, when the number is even, half are chosen + from either category.</p></td></tr> + +<tr><td class="tccm allb">VII.<br />Nature of Examination and General Remarks.</td> + + <td class="tclm allb" colspan="2"><p>The written portion of Part I. extends over from 9 to 10 hours in + all (not on a single day), in periods of 3 or 4 hours each; the + written portion of Part II. extends over from 6 to 9 hours. The oral + examination for each part lasts ¾ hour on the average, and is + public.</p></td></tr> +</table> + +<p><span class="pagenum"><a name="page46" id="page46"></a>46</span></p> + +<p class="pt2 center">TABLE III.—SCOTLAND: SCHOOL-LEAVING EXAMINATION</p> + +<table class="nobctr f90" summary="Contents"> +<tr><td class="tccm allb" style="width: 15%;">I.<br />Name of Examination.</td> + + <td class="tclm allb"><p>Scottish school-leaving examination (established 1888). (See + pamphlet on the “Leaving Certificate Examination” issued by the + Scottish Education Department, 1908.)</p></td></tr> + +<tr><td class="tccm allb">II.<br />Minimum Age for Entry.</td> + + <td class="tclm allb"><p>17 on 1st of January following the year in which the candidate + passes the last of the written examinations.</p></td></tr> + +<tr><td class="tccm allb">III.<br />Length of Course of Study.</td> + + <td class="tcc allb">4 years.</td></tr> + +<tr><td class="tccm allb">IV. Subjects.</td> + + <td class="tclm allb"><p>Candidates must pass in four subjects on the higher grade standard, + or in three subjects on the higher grade standard and two on the + lower. A pass in drawing is accepted in lieu of one of the two lower + grade passes. A pass in Gaelic is reckoned as a pass on lower grade. + All candidates must have passed in higher English and in either + higher or lower grade mathematics. The remaining subjects may be + either science with one or more languages (Latin Greek, French, + German, Spanish, or Italian), or languages only. But where two or + more languages other than English are taken, the candidate’s group + must include either higher or lower grade Latin. A pass in Spanish, + Italian, or science (in which subjects there is only one + examination) is reckoned as a pass on the higher grade standard.</p></td></tr> + +<tr><td class="tccm allb">V.<br />Co-ordination with Teaching.</td> + + <td class="tclm allb"><p>Schools are inspected, and the course of instruction must be + approved by the Scottish Education Department, but the examinations + are conducted by external examiners with whom teachers are not + associated.</p></td></tr> + +<tr><td class="tccm allb">VI.<br />Examiners.</td> + + <td class="tclm allb"><p>The examiners are appointed by the Scottish Education Department.</p></td></tr> + +<tr><td class="tccm allb">VII.<br />Nature of Examination and General Remarks.</td> + + <td class="tclm allb"><p>The examination consists of a written examination and an oral + examination, on which stress is laid. The length of the examination + varies with the subjects selected. The periods of examination vary + from 1 to 2½ hours. If the candidate selects on the higher grade, + English, Latin, mathematics, and French, the examination extends + over 19½ hours.</p></td></tr> +</table> + +<p class="pt2 center">TABLE IV.—UNIVERSITY OF LONDON SCHOOL EXAMINATION, MATRICULATION STANDARD</p> + +<table class="nobctr f90" summary="Contents"> +<tr><td class="tccm allb" style="width: 15%;">I.<br />Name of Examination.</td> + + <td class="tclm allb"><p>School examination, matriculation standard (established in 1902).</p> + + <p><i>Note</i>—A higher school-leaving certificate is awarded to pupils who + (i.) have pursued an approved course of study for a period of years + at a school or schools under inspection approved by the University; + and (ii.) being matriculated students, have passed the “higher + school examination” in at least three subjects at one and the same + examination.</p></td></tr> + +<tr><td class="tccm allb">II.<br />Minimum Age For Entry.</td> + + <td class="tclm allb"><p>The minimum age of entry is 15, but if the candidate is under 16 he + must remain at school until he is 16 years of age in order to be + qualified for the school-leaving certificate, and cannot be + registered as a student of the University until he has reached that + age.</p></td></tr> + +<tr><td class="tccm allb">III.<br />Length of Course of Study.</td> + + <td class="tclm allb"><p>The curriculum of each school is considered on its own merits.</p></td></tr> + +<tr><td class="tccm allb">IV.<br />Subjects.</td> + + <td class="tclm allb"><p>Pupils must satisfy the examiners in not less than five subjects, as + follows:—</p> + + <p>(1) English.</p> + + <p>(2) Elementary mathematics.</p> + + <p>(3) Latin, or elementary mechanics, or elementary physics—heat, + light and sound, or elementary chemistry, or elementary botany, or + general elementary science.</p> + + <p>(4) and (5) Two of the following subjects, neither of which has + already been taken under section (3). If Latin be not taken, one of + the other subjects selected must be another language, either ancient + or modern, from the list, and languages other than those included in + the list may be taken if approved by the University, provided that + the language is included in the regular curriculum:—Latin, Greek, + French, German, ancient history, modern history, history and + geography, physical and general geography, logic, geometrical and + mechanical drawing, mathematics (more advanced), elementary + mechanics, elementary chemistry, elementary physics—heat, light and + sound, elementary physics—electricity and magnetism, elementary + biology—botany, elementary biology—zoology, general elementary + science (chemistry and physics).</p></td></tr> + +<tr><td class="tccm allb">V.<br />Co-ordination with Teaching.</td> + + <td class="tclm allb"><p>Schools under approved inspection, and course of instruction + approved by the University.</p> + + <p>The papers are ordinarily set on the matriculation syllabus, but + papers may be specially set more closely in accordance with the + school curriculum provided that the syllabus proposed is approved by + the University as at least equivalent to that for which it is + substituted.</p></td></tr> + +<tr><td class="tccm allb">VI.<br />Examiners.</td> + + <td class="tclm allb"><p>The examiners are ordinarily those appointed by the University for + the ordinary matriculation examination.</p></td></tr> + +<tr><td class="tccm allb">VII.<br />Nature of Examination and General Remarks.</td> + + <td class="tclm allb"><p>The examination extends over at least 18 hours, and includes an oral + examination in modern languages.</p></td></tr> +</table> + +<p class="pt2">The laboratory examination may be used in subjects like +physics, chemistry, geology, zoology, botany, anatomy, physiology, +to test powers of manipulation and knowledge of +experimental methods. In some cases (<i>e.g.</i> in certain honours +<span class="sidenote">Practical.</span> +examinations) the examination may be prolonged over one or +more days, and may test higher powers of investigation. But +such powers can only be fully tested by the performance +of original work, under conditions difficult to +fulfil in the examination room or laboratory. At the French +examinations for the <i>prix de Rome</i> the candidates are required +to execute a painting in a given number of days, under strict +supervision (<i>en loge</i>).</p> + +<p>In medicine the clinical examination of a patient is a test +carried out under conditions more nearly approaching those of +actual work than any other; and distinction in medical examinations +is probably more often followed by distinction in after life +than is the case in other examinations.</p> + +<p>For the doctor’s degree (where this is not an honorary distinction) +a thesis or dissertation is generally, though not invariably, +required in England. Of recent years the +thesis has been introduced into lower examinations; +<span class="sidenote">Thesis.</span> +it is required for the master’s degree at London in the case of +internal students, in subjects other than mathematics (1910); +both at Oxford and London, the B.Sc. degree, and at Cambridge +the B.A. degree, may be given for research, although the number +of students proceeding to a degree in this way is at present +relatively small. In certain of the honours B.A. and B.Sc. +examinations at Manchester and Liverpool, candidates may take +the written portion of the examination at the end of the second +year’s course of study and submit a dissertation at the end of +the third year. Theses are generally examined by two or more +specialists.</p> + +<p>5. <i>Competitive Examinations.</i>—The arrangement of students in +order of merit led naturally to the use of examinations not only +as a qualifying but also as a selective test, and to the offering of +money prizes (including exhibitions, scholarships and fellowships) +on the results. In 1854 selection by examination as a method +of appointment to posts in the English public service was first +substituted for the patronage system, which had caused grave +dissatisfaction (see Macaulay’s speech on the subject, <i>The Times</i> +of the 25th of June 1853). The first public competitive examination +for the Royal Military Academy, Woolwich, took place in +<span class="pagenum"><a name="page47" id="page47"></a>47</span> +1855, and in 1870 the principle of open competition for the civil +service was adopted as a general rule. (For further details +see <span class="sc"><a href="#artlinks">Civil Service</a></span>.)</p> + +<p>In the Württemberg civil service candidates are admitted to +a year’s probation after passing a theoretical examination, at +the conclusion of which they must pass an examination of a more +practical character (A. Herbert, <i>Sacrifice of Education</i> ..., 1889, +p. 111).</p> + +<p>In the award of scholarships, &c. , it should be definitely decided +whether the scholarship is to be awarded (1) for attainment, +in which case the examination-test pure and simple may suffice, +or (2) for promise, in which case personal information and a +<i>curriculum vitae</i> are necessary. To take a simple instance: a +candidate partly educated in Germany may obtain more marks +in German at a scholarship examination than another who is +more gifted, but whose opportunities have been less; the question +at once arises, are the examiners to take the circumstances of +the candidate into account or not? It is understood that at the +colleges of the older universities such circumstances are considered. +It must again be decided whether the financial circumstances +of candidates are to be taken into account; are scholarships +intended as prizes, or as a means of enabling poor students +to obtain a university education? In some cases wealthy +students have been known to return the emoluments of scholarships. +<span class="correction" title="amended from It">In</span> many universities of the United States there is a +definite understanding that emoluments shall only be accepted +by those needing them. It would not be difficult to ask candidates +to make a confidential declaration on this subject on +entrance and to establish in Great Britain a tradition similar +to that of the United States, and steps in this direction have been +taken both at Oxford and Cambridge (Lord Curzon of Kedleston, +<i>University Reform</i>, p. 86).</p> + +<p>A special allowance may be made for age. In certain scholarship +examinations held formerly by the London County Council +a percentage was added to the marks of each candidate proportionate +to the number of months by which his age fell short +of the maximum age for entry. The whole subject of entrance +scholarships at English schools and universities, and especially +their tendency to produce premature specialization, has recently +been much discussed.</p> + +<p>6. <i>The Organization and Conduct of Examinations.</i>—The +organization and conduct of examinations, in such a way that +each candidate shall be treated in precisely the same way as +every other candidate, is a complex matter, especially where +several thousand candidates are concerned. The greatest +precautions must be taken to ensure the secrecy of the examination +papers before the examination, and the effective isolation +of individual candidates during the examination. The supervision +should be adequate to remove all temptation to copying. +The hygienic conditions should be such as to reduce the strain +to a minimum. The question of the mental fatigue produced +by examinations has been studied by certain German observers, +but has not yet been fully investigated.</p> + +<p>7. <i>Marking, Classification and Errors of Detail.</i>—In applying +a single test in a qualifying examination it would be sufficient +to mark candidates as passing or failing. But examinations +consist as a rule of a number of tests, each one of which is complex; +and a mark is recorded in respect of each test or portion of a +test in order to enable the examining body to estimate the performance, +considered as a whole, of the candidate. At Oxford +the marks are not numerical, but the papers are judged as of this +or that supposed “class,” and various degrees of merit are +indicated by the symbols α, β, γ, δ, to which the signs + or − +may be prefixed, according as they are above or below a +certain standard within each class. At Cambridge, numerical +marks are used. The advantage of numerical marks is that they +are more easily manipulated than symbols; the disadvantage, +that they produce the false impression that merit can be estimated +with mathematical accuracy. Professor F.Y. Edgeworth, in +two papers on “The Statistics of Examinations” and the +“Element of Chance in Competitive Examinations” (<i>Journal +of the Royal Statistical Society</i>, 1888 and 1890), has dealt with +the subject, although on somewhat limited lines. His investigations +show clearly that with candidates near the border-line of +failure, which must necessarily be fixed at a given point (subject +to certain allowances, where more than one subject is considered), +the element of chance necessarily enters largely into the question +of pass and failure. The fact may be stated in this way:—the +general efficiency of the test being granted, it is true to say that +the large majority of those who pass an examination will be +superior in efficiency to those who fail; but a few of those who +fail may be superior to a few of those who pass. These errors are +not peculiar to the examination system, they are inherent in +all human judgments. It is necessary to allow for them in +considering the failure of an individual candidate as an index +of inefficiency.</p> + +<p>The element of chance, which prevails in the region on either +side of the border between pass and failure, obviously prevails +equally on either side of the border between “classes,” where +candidates are classified; it has been suggested by Dr Schuster +that numerical order should accompany classification so as to +avoid the creation of an artificial gap between the last candidate +in one class and the highest in the next. Edgeworth’s objection +to such an argument is that the number of uncertainties is far +less when candidates are classed than when they are placed in +ostensible order of merit.</p> + +<p>The difficulties of comparison of marks are further complicated +when students take different subjects and it is necessary to +compare their merit by means of marks allotted by different +examiners and added together. In a pass examination the +question has to be considered how far, if at all, excellence in one +subject shall compensate for deficiency in another, a question +which is indeterminate until the precise object of the whole +examination is formulated. In the competitive examination +for the Indian civil service, places are allotted on the aggregate +of marks obtained in a number of subjects selected by the +candidate from a list of thirty-two. The successful candidates are +compared a year later on the results of another examination in +which there is again a choice, though a much more limited one. The +order of merit in the two examinations is, as a rule, very different.</p> + +<p>Two further points may be noted. An examiner may have +underestimated the time required to answer the questions which +he has set; this will be obvious if with a large number of +candidates (say 300 or 400) none approaches the maximum +mark. In this case the maximum should be reduced. Again, it +is generally recognized to be undesirable to give marks for a +smattering. In order to avoid this various devices are adopted. +The simplest is to award a proportion of marks (say 10 to 15, +or even 20%) for “general impression.” In some examinations, +unless say 20% or more marks are obtained for a particular +subject, no credit is given for the paper in that subject. Latham +(<i>The Action of Examinations</i>, 1877, p. 490) describes other +numerical adjustments used to meet this difficulty, especially +that used in English civil service examinations. The numerical +results of the civil service examinations are reduced so as to +conform to a certain symmetrical “frequency-curve,” of which +the abscissae represent percentages of marks between definite +limits and the ordinates the number of candidates obtaining +marks between those limits. C.E. Fawsitt (<i>The Education of +the Examiner</i>, Royal Philosophical Society of Glasgow, 1905) +shows that frequency-curves deduced from actual investigation +of class-marks are not symmetrical, but have two maxima +corresponding to the performance of “non-workers” and of +“workers.” In pass examinations of a well-known character +there is a maximum just beyond the pass mark, this being the +point of efficiency at which many students aim.</p> + +<p>8. <i>The Object and Efficiency of Examinations, and their Indirect +Effects.</i>—In order to estimate the efficiency of an examination +as a test, the precise question should be asked in each case—what +is it intended to test? Much of the evil attributed to, +and resulting from, examinations is due to the fact that this +question has not been definitely put, and that a test legitimate +for certain purposes has been used for others to which it is +unsuited. Examinations are suited in the first instance for the +<span class="pagenum"><a name="page48" id="page48"></a>48</span> +purpose for which they were originally designed in medieval +universities—the test of technical and professional capacity; it +has never been proposed to abolish qualifying examinations for +doctors, pharmaceutical chemists, &c. ; the tests applied are +(or should be) direct tests of capacity carried out under conditions +as nearly as possible like those of actual practice. If a +student can auscultate correctly, or make up a prescription, at +an examination, he will in all probability be able to do so in other +circumstances.</p> + +<p>Examinations as tests of the knowledge of isolated facts are +necessarily of relatively small value, because the memory of such +facts is transient; and memorization of a large number of facts +for examination purposes is generally admitted to be specially +transient; the “knowledge-test,” considered apart from a +test of capacity, is in fact not a test of permanent knowledge, +but of the power of retaining facts for a length of time which it is +impossible to estimate and which with some candidates extends +over a few weeks only. When used as tests of “general culture,” +examinations, in the view of Paulsen, based on a study of German +education, not only fail in their purpose, but tend to destroy the +faculties which it is desired to develop (<i>Geschichte des gelehrten +Unterrichts</i>, ii. 684 et seq.); to prepare ready answers to the +numberless questions which an examiner may ask on a large +variety of subjects is to paralyse the natural and free activity +of the mind (cf. A.C. Benson on the results of English secondary +classical education, <i>From a College Window</i>, 3rd ed., 1906, pp. +154-177). If pushed to its logical conclusion the view of Paulsen +must, it is submitted, lead to the complete abandonment at +examinations of tests of “knowledge” as distinguished from +direct tests of capacity. Thus isolated questions on details of +grammar would disappear from papers on the mother-tongue +and on foreign languages, in which the test would consist mainly +or entirely of composition and translation. Erudition would +be tested by the power of writing, at leisure, a dissertation on +some subject selected by the examiners or the candidate or, in +the case of a teacher, by the delivery of a lecture on the subject. +At the French <i>agrégation</i> candidates are given twenty-four +hours for the preparation of a lecture of this kind. Such examinations +would test the “skill in the manipulation of facts which is +the true sign of a trained intelligence” (cf. K. Pearson, “The +Function of Science in the Modern State,” <i>Ency. Brit.</i> 10th ed. +xxxii. Prefatory essay). They might possibly be supplemented +by easy oral examinations to test both range of knowledge and +readiness of mind. But in the case of a pupil who had passed +through a good secondary school it would be as safe to rely for +supplementary information under this head on the testimony +of his teachers, as it is to rely on their evidence with regard to +the fundamental and all-important element on which no examination +supplies direct information—personal character.</p> + +<p>The main arguments of those opposed to the examination +system may be summarized as follows: (i.) Examinations +tend to destroy natural interests and exclude from the attention +of the pupil all matters outside the purview of the examination +(they would not do so if examinations were so limited in character +that preparation therefor could absorb only a fraction of the +pupil’s time); (ii.) they tend to cultivate a personal judgment +where no personal basis of judgment is possible (this argument, +directed mainly against the Oxford essay system, applies not to +examinations in general, but to the character of the subjects +set for essays); (iii.) competitive examinations on the home +and Indian civil services scheme tend to diffuse mental energy +over too many subjects (but see (xviii.) below); (iv.) examinations, +especially competitive examinations, tend to become more and +more difficult, difficulty being confused with efficiency—this has +shown itself with the Cambridge mathematical tripos, in which +for years questions of increasing difficulty were set on relatively +unimportant subjects, until the examination was reformed +(reply: all examinations should be overhauled periodically); +(v.) they tend to paralyse the powers of exposition, all statements +of knowledge being thrown into a form suitable, not for an +uninstructed person, but for one who already possesses it, the +examiner (this tendency should be counteracted by definite +training in composition); (vi.) the sample of knowledge and +capacity yielded at an examination is frequently not a fair +sample; it is liable to extreme variations in a favourable sense, +if the candidate happens to have prepared the precise questions +asked; in an unfavourable sense, if the candidate is suffering +from misfortune or from accidental ill-health, the latter, owing +to the periodic function, occurring much more frequently in the +case of women than of men—[the reform of examination +methods may remove to a great extent the element of chance in +questions set; in a competitive examination it is impossible to +allow for ill-health; in a qualifying examination it is difficult +to make any allowance unless the examination is definitely +conducted in whole or in part by the teachers, and the past record +of the candidate is taken into account (cf. Paulsen, <i>The German +Universities</i>, pp. 344-345)]; (vii.) examinations of several +hundred candidates at a time cannot be rationally conducted +so as to be equally fair to the individuality of all candidates; +the individual test is the only complete one (it is admitted +that examinations on a large scale necessarily involve a margin +of error; but this error may be reduced to a minimum, especially +by a combination of oral and practical with written work); +(viii.) the multiplicity of school examinations required for +different reasons produces confusion in our secondary education +(there is a growing tendency to admit equivalence of “school-leaving” +and entrance examinations; thus entrance examinations +of Oxford, Cambridge and London, and the Northern +Universities Joint Board are interchangeable under certain +conditions); (ix.) the multiplicity of examinations tends to +“underselling” (the success of the London examinations in +medicine proves that a high standard attracts candidates as +well as a low one; possibly intermediate standards may be +killed in the competition; it is by no means obvious that a +uniform system of examinations would conduce to efficiency); +(x.) examinations produce physical damage to health, especially +in the case of women-students (on this point more statistical +evidence is needed; see, however, Engelmann quoted by +G. Stanley Hall, <i>Adolescence</i>, 1905, ii. 588 et seq.); (xi.) examinations +have in England mechanically cast the education of women +into the same mould as that of men, without reference to the +different social functions of the two sexes (the remedy is +obvious); (xii.) it is unjustifiable to give a man a university +position on the results of his performance in the examination +room, a practice common in England though almost unknown on +the continent; a just estimate of a man’s powers in research or for +teaching can only be properly based on his performance. The +present system merely leads to the transmission of the sterile art +of passing examinations. (At Oxford and Cambridge many +fellowships are now awarded on the results of examination; it is +sometimes stated, in defence of this system, that young men cannot +be expected to carry out research in classics or philosophy.)</p> + +<p>On the other hand, the defenders of examinations reply that +(xiii.) examinations are necessary in order to test the efficiency +of schools to which grants of public money are given (this +argument has become somewhat out of date owing to the recent +substitution of “inspection” for examination as a test of the +efficiency of schools; a combination of inspection and examination +is also sometimes used); (xiv.) they serve as a necessary +incentive to steady and concentrated work<a name="fa4d" id="fa4d" href="#ft4d"><span class="sp">4</span></a> (the reply made to +this is that the incentive is a bad one, and that with efficient +teachers it is unnecessary); (xv.) they show both student and +teacher where they have failed (unnecessary for efficient +teachers); (xvi.) though possibly harmful to the highest class of +men, they are good for the mass (reply: no system which +damages the highest class of men is tolerable); (xvii.) they are +indispensable as an impartial means of selecting men for the +civil service; (xviii.) in a difficult examination like the first +class civil service examination the qualities of quickness of comprehension, +industry, concentration, power of rapidly passing +<span class="pagenum"><a name="page49" id="page49"></a>49</span> +from one subject to another, good health, are necessary for success, +though not tested directly, and these qualities are valuable +in any kind of work (this appears to be incontrovertible); +(xix.) examination records show that success in examinations +is generally followed by success in after-life, and the test is +therefore efficient (it does not follow that certain rejected +candidates may not be extremely efficient); (xx.) as a plea for +purely “external examinations,” teachers cannot be trusted +to be impartial and it is better for a boy to “cram” than +to curry favour with his teacher (Latham).</p> + +<p>The brief comments in brackets, appended above to the arguments, +merely indicate what has been said or can be said on the +other side. It can scarcely be doubted that in spite of the +powerful objections that have been advanced against examinations, +they are, in the view of the majority of English people, +an indispensable element in the social organization of a highly +specialized democratic state, which prefers to trust nearly all +decisions to committees rather than to individuals. But in view +of the extreme importance of the matter, and especially of the +evidence that, for some cause or other (which may or may not +be the examination system), intellectual interest and initiative +seem to diminish in many cases very markedly during school +and college life in England, the whole subject seems to call for +a searching and impartial inquiry.</p> + +<div class="condensed"> +<p><span class="sc">Sources of Information.</span>—The works mentioned above, and +T.D. Acland, <i>Some Account of the Origin and Objects of the New +Oxford Examinations for the Title of Associate in Arts</i> (London, 1858); +Matthew Arnold, <i>Higher Schools and Universities in Germany</i> (1874); +Graham Balfour, <i>The Educational Systems of Great Britain and +Ireland</i> (2nd ed., Oxford, 1903); W.W. Rouse Ball, <i>Origin and +History of the Mathematical Tripos</i> (Cambridge, 1880); Adolf Beier, +<i>Die höheren Schulen in Preussen und ihre Lehrer</i> (1902-1906) (in +progress); Cloudesley Brereton, “A New Method of awarding +Scholarships,” <i>School World</i>, 1907, p. 409; G.C. Brodrick, <i>A +History of the University of Oxford</i> (London, 1886); F. Buisson, +<i>Dictionnaire de pédagogie</i> (1880-1887); Lord Curzon of Kedleston, +<i>Principles and Methods of University Reform</i> (1909); J. Demogeot +and H. Montucci, <i>De l’enseignement supérieur en Angleterre et en +Écosse</i> (1870); H. Denifle, <i>Die Universitäten des Mittelalters bis +1400</i> (Berlin, 1885); F.Y. Edgeworth, “The Statistics of Examinations,” +and “The Element of Chance in Competitive Examinations,” +<i>Journal of the Statistical Society</i>, 1888 and 1890 respectively; +H.W. Eve, Lecture “On Marking,” in <i>The Practice of Education</i> +(Cambridge, 1883); Charles E. Fawsitt, <i>The Education of the Examiner</i> +(Royal Philosophical Society of Glasgow) (Glasgow, 1905); +J.G. Fitch, “The Proposed Admission of Girls to the University +Local Examination,” <i>Education Miscellanies</i> (1865), vol. x.; W. +Garnett, “The Representation of certain Examination Results,” +<i>Journ. Statist. Soc.</i> (Jan. 1910); G. Stanley Hall, <i>Adolescence</i> +(London, 1905); Sir W. Hamilton, <i>Discussions on Philosophy</i> +(London, 1853); P.J. Hartog, “Universities, Schools and Examinations” +in the <i>University Review</i> (July 1905); P.J. Hartog +and Mrs A.H. Langdon, <i>The Writing of English</i> (1907); Auberon +Herbert (edited by), <i>The Sacrifice of Education to Examination</i>, +Letters from “All Sorts and Conditions of Men” (1889); <i>Influence +of Examinations</i>, Report by a Committee, British Association +Reports for 1903, p. 434. and for 1904, p. 360; John Jebb, <i>Remarks +upon the Present Mode of Education in the University of Cambridge</i> +(4th ed., 1774); Henry Latham, <i>On the Action of Examinations</i> +(Cambridge, 1877); H.C. Maxwell Lyte, <i>A History of the University +of Oxford to the Year 1530</i> (London, 1886); W.A.P. Martin, <i>The +Lore of Cathay</i> (Edinburgh and London, 1901); J.B. Mullinger, +<i>The University of Cambridge</i> (Cambridge, 1873); <i>How to pass +Examinations successfully</i>, by an Oxford Coach; Mark Pattison, +<i>Suggestions on Academical Organization</i> (Edinburgh, 1868); +Friedrich Paulsen, <i>The German Universities and University Study</i> +(London, 1906) and <i>Geschichte des gelehrten Unterrichts</i> (Leipzig, +1896); George Peacock, <i>Observations on the Statutes of the University +of Cambridge</i> (1841); <i>Programme des examens du nouveau baccalauréat +de l’enseignement secondaire</i>, Delalain frères, Paris; Hastings +Rashdall, <i>The Universities of Europe in the Middle Ages</i> (Oxford, 1895); +Rein’s <i>Encyklopädisches Handbuch der Pädagogik</i> (2nd ed., 1902, &c. ), +articles “Prüfungen” (by F. Paulsen), &c. ; Third Report of the +Royal Commissioners on Scientific Instructions, 1873; J.E. Thorold +Rogers, <i>Education in Oxford</i> (1861); M.E. Sadler, “Memorandum +on the Leaving Examinations ... in the Secondary Schools of +Prussia,” in Report of Royal Commission on Secondary Education, +vol. v. p. 27 (1895); C.A. Schmid, <i>Geschichte der Erziehung</i> (Stuttgart, +1884, &c. ), and <i>Encyklopädie des gesammten Erziehungs- und +Unterrichtswesens</i> (2nd ed., 1876-87), articles “Prüfung,” “Schulprüfungen,” +“Versetzungsprüfungen,” &c. ; Scholarships, various papers +on, by H.B. Baker, A.A. David, H.A. Miers, M.E. Sadler and +H. Bompas Smith, and others, British Association Report, 1907, +pp. 707-718; Arthur Schuster, article on “Universities and +Examinations” in the University Review (May 1905); W.H. Sharp, +<i>The Educational System of Japan</i> (Office of the Director-General of +Education in India) (Bombay, 1906); Special Educational Reports, +issued by the Board of Education, <i>passim</i>; A.M.M. Stedman, +<i>Oxford: its Life and Schools</i> (London, 1887); I. Todhunter, <i>Conflict +of Studies</i> (1873); William Whewell, <i>Of a Liberal Education</i> (London, +1845); Christopher Wordsworth, <i>Scholae academicae</i> (Cambridge, +1877); Étienne Zi (or Siu or Seu), <i>Pratique des examens littéraires en +Chine</i> (Shanghai, 1894). Private information from Professor M.E. +Sadler and Mr A.E. Twentyman.</p> +</div> +<div class="author">(P. J. H.; A. Wn.)</div> + +<hr class="foot" /> <div class="note"> + +<p><a name="ft1d" id="ft1d" href="#fa1d"><span class="fn">1</span></a> W.W. Rouse Ball in his <i>History of the Study of Mathematics at +Cambridge</i> (1889), p. 193, states that he can find no record of any +European examinations by means of written papers earlier than +those introduced by R. Bentley at Trinity College, Cambridge, in +1702.</p> + +<p><a name="ft2d" id="ft2d" href="#fa2d"><span class="fn">2</span></a> It should be mentioned that the professors of chemistry of a +number of German, Austrian and Swiss universities, have, by agreement, +instituted an intermediate examination in that subject which +students are required to pass before beginning work on the doctoral +thesis. The examination of the students is conducted by the teachers +concerned.</p> + +<p><a name="ft3d" id="ft3d" href="#fa3d"><span class="fn">3</span></a> See E.E. Brown in <i>Monographs on Education in the United +States</i> (ed. by N.M. Butler, 1900, i. 164), and T. Gregory Foster and +H.R. Reichel, <i>Report of Mosely Educational Commission</i> (1904), +pp. 117-119 and 288-289.</p> + +<p><a name="ft4d" id="ft4d" href="#fa4d"><span class="fn">4</span></a> The Oxford commissioners of 1852 reported that “the examinations +have become the chief instruments not only for testing +the proficiency of the students but also for stimulating and directing +the studies of the place” (<i>Report</i>, p. 61).</p> +</div> + + +<hr class="art" /> +<p><span class="bold">EXARCH<a name="ar44" id="ar44"></a></span> (<span class="grk" title="exarchos">ἔξαρχος</span>, a chief person or leader), a title that has +been conferred at different periods on certain chief officers or +governors, both in secular and ecclesiastical matters. Of these, +the most important were the exarchs of Ravenna (<i>q.v.</i>). In +the ecclesiastical organization the exarch of a <i>diocese</i> (the word +being here used of the political division) was in the 4th and 5th +centuries the same as primate. This dignity was intermediate +between the patriarchal and the metropolitan, the name patriarch +being restricted after <span class="scs">A.D.</span> 451 to the chief bishops of the most +important cities (see <span class="sc"><a href="#artlinks">Patriarch</a></span>). The title of Exarch was also +formerly given in the Eastern Church to a general or superior +over several monasteries, and to certain ecclesiastics deputed +by the patriarch of Constantinople to collect the tribute payable +by the Church to the Turkish government. In the modern +Greek Church an exarch is a deputy, or legate <i>a latere</i>, of the +patriarch, whose office it is to visit the clergy and churches in the +provinces allotted to him. The title of exarch has been borne +by the head of the Bulgarian Church (see <span class="sc"><a href="#artlinks">Bulgaria</a></span>), since +in 1872 it repudiated the jurisdiction of the Greek patriarch +of Constantinople. Hence the names of the politico-religious +parties in the recent history of the Near East: “Exarchists” +and “Patriarchists.”</p> + + +<hr class="art" /> +<p><span class="bold">EXCAMBION<a name="ar45" id="ar45"></a></span> (a word connected with a large class of Low Latin +and Romance forms, such as <i>cambium</i>, <i>concambium</i>, <i>scambium</i>, +from Lat. <i>cambire</i>, Gr. <span class="grk" title="kambein">κάμβειν</span> or <span class="grk" title="kamptein">κάμπτειν</span>, to bend, turn or +fold), in Scots law, the exchange (<i>q.v.</i>) of one heritable subject +for another. The modern Scottish excambion may consist in +the exchange of any heritable subjects whatever, <i>e.g.</i> a patronage +or, what often occurs, a portion of a glebe for servitude. Writing +is not, by the law of Scotland, essential to an excambion. Chiefly +in favour of the class of cottars and small feuars, and for convenience +in straightening marches, the law will consider the most +informal memoranda, and even a verbal agreement, if supported +by the subsequent possession. The power to excamb was gradually +conferred on entailed proprietors. The Montgomery Act, +which was passed in 1770, to facilitate agricultural improvements, +permitted 50 acres arable and 100 acres not fit for the plough +to be excambed. This was enlarged by the Rosebery Act in +1836, under which one-fourth of an entailed estate, not including +the mansion-house, home farm and policies, might be excambed, +provided the heirs took no higher grassum (O.E. <i>gersum</i>, fine) +than £200. The power was applied to the whole estate by the +Rutherford Act of 1848, and the necessary consents of substitute +heirs are now regulated by the Entail (Scotland) Act 1882.</p> + + +<hr class="art" /> +<p><span class="bold">EXCELLENCY<a name="ar46" id="ar46"></a></span> (Lat. <i>excellentia</i>, excellence), a title or predicate +of honour. The earliest records of its use are associated with +the Frank and Lombard kings; <i>e.g.</i> Anastasius Bibliothecarius +(d. c. 886) in his life of Pope Honorius refers to Charlemagne +as “his excellency” (<i>ejus excellentia</i>); and during the middle +ages it was freely applied to or assumed by emperors, kings and +sovereign princes generally, though rather as a rhetorical flourish +than as a part of their formal style. Its use is well illustrated in +the various charters in the Red Book of the exchequer, where +the addresses to the king vary between “your excellency,” +“your dignity” (<i>vestra dignitas</i>), “your sublimity” (<i>vestra +sublimitas</i>) and the like, according to the taste and inventiveness +of the writers. Du Cange also gives examples of the style +<i>excellentia</i> being applied to the pope and even to a bishop (in +a charter of 1182). With the gradual stereotyping of titles of +honour that of “excellency” was definitively superseded in the +case of sovereigns of the highest rank, about the beginning of the +15th century, by those of “highness” and “grace,” and later by +“majesty,” first assumed in England by King Henry VIII. +<span class="pagenum"><a name="page50" id="page50"></a>50</span> +Dukes and counts of the Empire and the Italian reigning princes +continued, however, to be “excellencies” for a while longer. +In 1593 the bestowal of the title of <i>excellence</i> by Henry IV. of +France on the duc de Nevers, his ambassador at Rome, set a +precedent that was universally followed from the time of the +treaty of Westphalia (1648). This, together with the reservation +in 1640 of the title “eminence” (<i>q.v.</i>) to the cardinals, led the +Italian princes to adopt the style of “highness” (<i>altezza</i>) instead +of “excellency.” In France, from 1654 onwards, the title of +<i>excellence</i> was given to all high civil and military officials, and +this example was followed in Germany in the 18th century.</p> + +<p>The subsequent fate of the title varies very greatly in different +countries. In Great Britain it is borne by the viceroy of India, +the lord-lieutenant of Ireland, all governors of colonies and +ambassadors. In the United States it is part of the official style +of the governors of states, but not of that of the president; +though diplomatic usage varies in this respect, some states +(<i>e.g.</i> France) conceding to him the style of “excellency,” others +(<i>e.g.</i> Belgium) refusing it. The custom of other republics differs: +in France the president is addressed as <i>excellence</i> by courtesy; +in Switzerland the title is omitted; in the South American +republics it is part of the official style (Pradier-Fodéré, <i>Cours de +droit diplom.</i> i. 89). In Spain the title of <i>excelencia</i> properly +belonged to the grandees and to those who had the right to be +covered in the royal presence, but it was extended also to high +officials, viceroys, ministers, captains-general, lieutenants-general, +ambassadors and knights of the Golden Fleece. In Austria the +title <i>Exzellenz</i> belongs properly to privy councillors. It has, +however, gradually been extended by custom to all the higher +military commands from lieutenant-field-marshal upwards. +Ministers, even when not privy councillors, are styled <i>Exzellenz</i>. +In Germany the title is borne by the imperial chancellor, the +principal secretaries of state, ministers and <i>Oberpräsidenten</i> in +Prussia, by generals from the rank of lieutenant-general upwards, +by the chief court officials, and it is also sometimes bestowed +as a title of honour in cases where it is not attached to the office +held by its recipient. In Russia the title is very common, being +borne by all officers from major-general upwards and by all +officials above the rank of acting privy councillor. Officers +and officials of the highest rank have the title of “high excellency.” +Finally, in Italy, the title <i>eccelenza</i>, which had come +to be used in the republics of Venice and Genoa as the usual +form of address to nobles, has become as meaningless as the +English title of “esquire” or the address of “sir,” being, especially +in the south, the usual form of address to any stranger.</p> + +<p>In the diplomatic service the title of excellency is technically +reserved to ambassadors, but in addressing envoys also this +form is commonly used by courtesy.</p> +<div class="author">(W. A. P.)</div> + + +<hr class="art" /> +<p><span class="bold">EXCHANGE,<a name="ar47" id="ar47"></a></span> in general, the action of mutual giving and +receiving objects, interests, benefits, rights, &c. The word comes +through the French from the Late Lat. <i>excambium</i> (see <span class="sc"><a href="#artlinks">Excambion</a></span>). +The present article deals with the theory and +practice of exchange in monetary transactions, but this may +conveniently be prefaced by a brief statement as to the law +relating to the exchange of property and other matters. In +English law exchange is defined as the mutual grant of equal +interests, the one in consideration of the other. The ancient +common law conveyance had certain restrictions, <i>e.g.</i> identity +in quantity of interest, fee-simple for fee-simple, &c. , entry to +perfect the conveyance, and an implied warranty of title and +right of entry by either party in case of eviction. Such exchanges +are now effected by mutual conveyances with the usual covenants +for title. Exchanges are also frequently made by order of the +Board of Agriculture under the Inclosure Acts, and there are +also statutes enabling ecclesiastical corporations to exchange +benefices with the approval of the ecclesiastical commissioners. +The international exchange of territories is effected by treaties. +The exchange of prisoners of war is regulated by documents +called “cartels” (Med. Lat. <i>cartellus</i>, diminutive of <i>carta</i>, +paper, bill), which specify a certain agreed-on value for each +rank of prisoners. The practice superseded the older one of +ransom at the end of a war. By the Regimental Exchanges Act +1875 the sovereign may by regulation authorize exchanges by +officers from one regiment to another. (For “labour exchanges” +see <span class="sc"><a href="#artlinks">Unemployment</a></span>.)</p> + +<p>Exchange in relation to money affairs denotes a species of +barter not of goods but of the value of goods, a payment in one +place being exchanged for a payment in another place. The +popular statement of the theory of exchange represents four +principals involved in two transactions. A and B are two persons +residing in one place different from the domicile of C and D; +A sells goods to C; B buys goods from D; A sells his claim +on C to B, who remits it to D in satisfaction of his debt, and D +receives the cash from C, so that, assuming the two transactions +to be of equal value, one piece of paper satisfies the four parties +to these two transactions, and the trouble, expense and risk of +sending money from both places are avoided. The piece of paper +which performs the service may be a telegraphic order, cheque +or bill of exchange. In this elementary proposition there would +be no difficulty of exchange, as the full value of A’s claim on C +would be paid for by B, who is under the necessity of sending +in exactly similar amount of money to D; but it can be seen that +in actual practice the claims of one place on another place would +not be exactly balanced by the necessities of the one place to +meet obligations in the other place; thus arises the complication +of exchange, which may best be described as the price of monetary +claims on distant debtors.</p> + +<p>Supposing, for example, that A in London had a claim on C in +Edinburgh amounting to £100, and that B in London did not +require to remit more than £90 to D in Edinburgh, it is evident +that B in London must be offered some inducement to take over +the whole of A’s claim. B might give A £99:19:0, and could +then, after satisfying his debt to D, have £10 to his credit in +Edinburgh, which he could retain there at interest until he had +incurred further liability to D, or he could have the balance of +£10 returned him in coin at an expense, say, of sixpence; this +would leave B with a profit of sixpence on the transaction, and, +assuming that these figures are reasonable, exchange on Edinburgh +in London would be one shilling discount per £100. +Supposing the necessities of B induced him to offer A only +£99 : 14 : 0 for his £100 claim, A would then prefer that C +remitted him £100 in coin, which, on the above scale of expenses +would cost 5s. and A would receive £99 : 15 : 0 net. On these +premises, exchange on Edinburgh in London cannot fall below +¼% discount, and the same circumstances prevent it from rising +above ¼% premium, for B, in no case, would pay more for A’s +claim than £100 plus the cost of sending coin to Scotland. If +this basis is appreciated, all exchange problems between different +countries can be mastered, and the quotations in the daily +papers of cable payments, sight drafts (cheques) and long bills +are then understood and supply an interesting indication of the +state of international financial relations. As shown above, the +balance of indebtedness must eventually be remitted by coin, +and consequently when exchange in any city is quoted at one or +other of the limit points given in our example as ¼% discount +or ¼% premium, this exchange immediately acquires a very +serious importance, because with the development of modern +monetary systems under which enormous trade is carried on +with a most moderate foundation of actual coin the weakening +or strengthening of that foundation is a very vital matter.</p> + +<p>While the understanding of the theory is essential for any +facile interpretation of an exchange, there are of course innumerable +details of practice which require to be known to identify +the limit points of exchange in any particular city. The limit +points can only be taken advantage of by banking experts, and, +although we assume a trader remitting his indebtedness in coin +when he is asked to pay too high a price for his bill of exchange, +in actual affairs the banker will supply the cheque or bill and +himself will do the professional business of sending away bullion. +Similarly, we have represented one trader drawing on another +trader and selling his draft to a third trader who remits the draft +to a fourth. In actual practice, however, No. 1 draws on No. 2 +and disposes of his draft to a banker; No. 4 draws on No. 3 and +sells his draft to a banker; because, speaking generally, whenever +<span class="pagenum"><a name="page51" id="page51"></a>51</span> +goods are shipped, the shipper immediately requires his money; +he draws a bill against the goods, and it is the function of a banker +to help, as a sort of debt-collecting agency, by buying these +drafts; and the bank, being a mart for all forms of remittance, +gets an immense variety of demand for cable payments, cheques +and bills on all centres. This does not affect the theory, for it +must be remembered that the banker is a necessary link between +the buyer and seller of exchange, because the seller can only +sell what he has and the buyer must have exactly what he wants.</p> + +<p>To return to the question of limit points: if a universal +currency system existed, with the same monetary standard +that is used in England, and the coinage kept in a proper condition +of weight and fineness, and the coin readily supplied +to meet every reasonable claim—if, in fact, the pound sterling +were the prevalent coin and the English banking system obtained +everywhere, then we should find all exchange quotations as simple +as our case of London and Edinburgh, that is to say, all exchanges +would be quoted at par or a premium or a discount. The limit +points in any place of the exchange on London would represent +simply and obviously the cost of the transmission of the coin. +These limit points would vary at each place according to the +distance from London, the cost of freight, the risk involved +in the transmission and the local rate of interest. On the continent +of Europe some advance has been made in the direction +of a universal coinage. Countries subscribing to the Latin +Union have agreed on the franc as a common unit, and Belgium, +Switzerland, France and Italy quote exchange between themselves +at a premium or discount. Greece, Spain and other +countries are also parties to the arrangement, but their currencies +are in a bad state, and the exchange quotations involve a considerable +element of speculation. We have, however, to deal with +another factor in international finance, namely, the enormous +variety of currency systems; and we have then to discover, +in each case, the exchange which represents par and corresponds +to our £100 for £100 in the London-Edinburgh example. The +United States furnishes perhaps the easiest problem, and we must +find out how many dollars in gold contain exactly the same +amount of the precious metal as is contained in one hundred +sovereigns. The answer is 486<span class="spp">5</span>⁄<span class="suu">8</span>, and the arithmetic is a question +of the mint laws of the two countries. Gold coin in the United +States contains one-tenth alloy and in England one-twelfth +alloy. Ten dollars contain 258 grains of gold, nine-tenths fine. +One pound contains 123.274 grains of gold, eleven-twelfths fine, +consequently £100 is worth $486<span class="spp">5</span>⁄<span class="suu">8</span>, or, to be exact, $486<span class="spp">2</span>⁄<span class="suu">3</span>, +and when cable payments between London and New York are +quoted at 4.86<span class="spp">5</span>⁄<span class="suu">8</span> for the £1 sterling, exchange is about par. As +a cable payment is an immediate transfer from one city to +another, no question of interest or other charge is involved. +Owing to the cost of sending gold as detailed above, the New +York cable exchange varies from about 4.84 to 4.89½; at the +former point gold leaves London for New York, and at the +latter point gold comes to England. Besides insurance, freight, +packing, commission and interest, there must also be considered +the circumstance that coin taken in bulk is always a little worn +and under full weight, and in the process of turning sovereigns +into dollars, the result would not bear out the calculation based +on the mint regulations: consequently, when taking gold from +London, the demand would first fall on the raw metal as received +from South Africa or Australia to be minted in the United States, +then on any stock of American coin the Bank of England might +have and be willing to sell by weight (which would be accounted +by tale in New York), and lastly the demand would be satisfied +by sovereigns taken by tale from the Bank of England and converted +by weight in America.</p> + +<p>The instance of the American quotation may be further taken +to explain some of the numerous points which the study of the +exchange involves. In the first place, it will be noted that we +have quoted the price in dollars. In London, business in bills, +&c. , on New York is quoted either in pence or in dollars, that is +to say, payments are negotiated for so many dollars either at +49<span class="spp">3</span>⁄<span class="suu">16</span> pence per dollar, or at the equivalent rate $4.88 for the +pound. In practice it is much more convenient to quote in +London in the money of the foreign country, as it makes comparison +with the foreign rate on London very simple. Some +foreign countries quote exchange on London in pence, and then, +of course, in relation to those countries the same practice will +obtain in England, but the majority of the exchange quotations +on London are in francs, marks, gulden, lire, kronen or other +foreign money. Another point which must be explained is the +reason why exchange varies between what we have called the +limit points; why there is sometimes so much demand for bills +on London and why at other times so many bills are being +offered. Similar causes operate on other exchanges, and if we +develop the New York case we shall provide explanations for +exchange movements in other countries.</p> + +<p>At one time the financial relations between England and +America were as follows. England was the principal creditor of +the United States, and the latter country had to remit continually +very large amounts in payment of interest on English money +and profits on English investments, in payment for shipping +freights, for banking commissions, insurance premiums and an +immense variety of services, besides paying for the large imports +which crossed the Atlantic from English ports. In the fall of +the year these payments would be more than offset by the +enormous exports of food-stuffs, cotton, tobacco, &c. , so that +during the first half of the year exchange would be at or about +the limit of 4.89½ and gold would have to be sent from New York +to supplement the deficient quantity of bills. In the autumn +the produce bills would flood the exchange market and gold +would be sent from London as exchange got to the other limit +point of 4.84. These conditions are still very potent, but latterly +another element has entered into the position, and the new +development is so powerful as to reverse sometimes what we may +call the natural and legitimate movement in the exchange. This +new element is the more intimate banking and financial relationship +which has been established between the two countries. +As American conditions have become more stable, with better +security for capital and an assured feeling about the currency +of the United States, bankers in London have gladly allowed +their banking friends in New York and other large cities to draw +bills on London whenever there was a good demand for sterling +remittances. We have, therefore, to consider a fresh type of +bill of which the drawer has no claim on the drawee, but, on the +other hand, incurs a debt to the drawee. To take a very usual +method, a banker in Wall Street, New York, will advance money +to stockbrokers, investors and speculators against bonds and +shares with a 20% margin. He deposits this security with a trust +company in New York which acts both for the American and +English banker. The Wall Street banker then draws a bill at +60 days’ sight or 90 days’ sight on the banker in Lombard Street +and sells this draft to supply the money he lends the stockbroker. +Two or three months hence the New York banker must send +money to London with which to meet the bill, so that, whereas, in +the case of a commercial bill, the produce is despatched and in due +course the consignee must find the money for the bill, in the case +of a finance bill, as it is called, the bill is drawn and in due course +the drawer must send the value with which it is to be honoured. +In any event the acceptor, the London banker, has to pay +the bill, so that it will be easily understood that relations of +the greatest confidence are necessary between the drawer and +drawee before finance bills of this class can be created.</p> + +<p>The profit arising from the transaction we have sketched is +realized by the separate parties in this way. The New York +banker lends money for three months, say, at 5% per annum, +he pays a commission of <span class="spp">1</span>⁄<span class="suu">32</span>% to the trust company which has +custody of the security, a charge equivalent to 1/8% interest per +annum. He draws on London at 90 days’ sight and sells the bill +at 4.83<span class="spp">5</span>⁄<span class="suu">8</span>, the cable rate being 4.87¾, the buyer of a three months’ +bill making the allowance for the English bill stamp of ½ per +mille and the London discount rate of 3%. The drawer of the +bill must also pay a commission of <span class="spp">3</span>⁄<span class="suu">16</span>% to the London banker +who accepts the draft; this is equivalent to another ¾% per +annum in the rate of discount, so that money raised in this way +costs <span class="spp">1</span>⁄<span class="suu">8</span>% for the trust company, 3% the London discount rate, +<span class="pagenum"><a name="page52" id="page52"></a>52</span> +about ¼% for bill stamps, and ¾% for London commission—altogether, +4<span class="spp">1</span>⁄<span class="suu">8</span>%; and, as the money is loaned at 5%, there +appears to be <span class="spp">7</span>⁄<span class="suu">8</span>% profit to the drawer of the bill. This, however, +is on the assumption that the cable rate is still 4.87¾ when the +bill falls due for payment and that the drawer would have to +pay that price to telegraph the money to meet the draft. But +exchange on London can go up or down between 4.84 and 4.89½, +and if at the end of the three months the cable rate is 4.84 the +New York banker will be able to cover his bill at almost the same +rate at which he sold it and will only be out of pocket to the +extent of the commissions and stamps, so that the accommodation +will only cost him 1½% and his profit will be 3½%. If he has +to pay more than 4.87¾ for his cable at the maturity of the bill +his profit will be less than <span class="spp">7</span>⁄<span class="suu">8</span>%, and he may even be a loser on the +transaction.</p> + +<p>It is obvious, then, that a high rate of interest in New York, +with a high rate of exchange on London and a low rate of discount +in England, would induce the creation of these finance +bills. The supply of these bills would prevent New York exchange +reaching the limit point at which gold leaves the United +States, and the maturity of these bills in the autumn would +ensure a demand for the produce bills and possibly prevent +exchange from falling to the other limit point at which London +has to send gold to New York.</p> + +<p>We have pointed out the essential difference between these +finance bills and what we have called produce bills, but there is +another very striking difference, that of the question of supply. +These finance bills are obviously very difficult to limit in their +amounts; produce bills are, of course, limited by the extent of +the surplus crops of the United States and by the demand for +the produce in Europe, but so long as it is mutually satisfactory +to the big finance houses in both countries to draw on credit +granted in London, so long may these accommodation bills be +created, and the pressure of the bills in New York may depress +exchange so much that gold leaves London at a time when it is +required in other directions. In such a case the embarrassment +caused by this artificial drain of the gold reserve would much +more than offset the amount of the commission earned by the +accepting houses. The Bank of England may have to raise its +rate of discount at the expense of the entire home trade; probably, +also, with the rise in the value of money, consequent on the +diminished resources, all investment securities fall in value and +more onerous terms must be submitted to by the government, +corporations and colonies, in the issue of any loans they may +require. It will, therefore, be appreciated that, although these +finance bills may be perfectly safe, their excessive creation is +viewed with great disfavour, and considerable apprehension is +felt when the adventures of speculators in New York make +great demands for loans against stocks and shares, and, through +the instrumentality of these finance bills, shift the burden on to +the shoulders of the London discount market. The effect of +this is to level money rates as between New York and London, +and in the process the pressure falls on London and the relief +goes to America. Eventually, of course, the bills must be met +and funds sent for that purpose from across the Atlantic, but in +the meanwhile the disturbance of the gold supply is an inconvenience.</p> + +<p>We have explained the process of employing credits granted +in London to finance Wall Street; there are, also, many other +types of bill to which the acceptor lends his name on the assurance +that he will in due course be supplied with the funds required +to meet the acceptance. In the case of the produce bills, a +London banker will accept the bills in order that they may be +more easily marketable than if they were drawn direct on the +actual consignee of the cotton, tobacco or wheat. The consignees +in Liverpool, &c. , pay a commission for this assistance and +reimburse the London bank as the produce is gradually disposed +of. The transaction appears slightly more complicated when +English bankers accept bills for produce shipped from the +United States to merchants living in Hamburg, Genoa, Singapore +and all other great ports, but the principle is the same, and the +influence of such business on the exchange affects, in the first +instance, the quotation between America and London, but afterwards, +when money must be sent to London with which to honour +the bills, the exchanges with Germany, Italy or the Straits +Settlements bear their share in the eventual adjustment, the +spinners, tobacco manufacturers and corn factors requiring +drafts on London where so much of the trade of the world is +financed.</p> + +<p>We shall have to consider later the reasons which ensure to +London this peculiar and predominant position. We have so +far used the American exchange as an example to explain causes +which produce fluctuations in all the principal exchanges on +London and to show the points between which fluctuations are +limited. The fact that America is still developing at a much +greater rate than the Old World makes an important distinction +between the financial position in New York and the financial +position of the big capitals in Europe. There is not in America +the huge accumulation of savings and investment money which +the Old World has collected, so that whereas Europe helps to +finance the United States, the latter country has so many home +enterprises that she can spare none of her funds to assist Europe. +It would not be possible for London to draw on New York such +bills as we have described as finance bills, for they could never be +discounted there except on the most onerous terms, and there is +nothing in America which corresponds to the London money +market.</p> + +<p>We have to deal with dollars and cents in America, with francs +in France, with marks in Germany, and different money units in +nearly every country; but, given the mint regulations, the +theoretical par of exchange and the theoretical limit points are +arrived at by simple arithmetic. An exhaustive statement with +reference to every country would involve an amount of tedious +repetition, so that for the purposes of this article it is more +instructive to consider the essential differences between the +important exchanges than to go into the details of coinage, +which would appeal rather to the numismatist than to the exchange +expert.</p> + +<p>The United States, offering as it does a vast field for profitable +investment, must annually remit huge amounts for interest +on bonds and shares held by Europeans; coupons and dividend +warrants payable in America are offered for sale daily in London, +and at the end of the quarters the amount of these claims, +coupons and drawn bonds is very large, and a considerable set +off to the indebtedness of Europe for American produce. It is +often asserted that the United States is rapidly getting sufficiently +wealthy to repurchase all these bonds and shares; but whenever +trade conditions are exceptionally good in the States, fresh evidence +is forthcoming that assistance from London and Europe +is essential to finance the commercial development of the United +States. This illustrates a feature common to all new countries, +and the effect is that they make annual payments to the older +countries and especially to England.</p> + +<p>A government loan or other large borrowing arranged abroad +will immediately move the exchange in favour of the borrowing +country. A tendency adverse to the United States results from +the drafts and letters of credit of the large number of holiday +makers who cross the Atlantic and spend so much money in +Europe. When remittance is made of the incomes of Americans +who have taken up their residence in the Old World the exchange +is affected in a similar manner.</p> + +<p>In one respect the United States stands far superior to most +of the older countries. There are no restrictions on the free +export of gold when exchange reaches the limit point showing +that the demand for bills on London exceeds the supply. New +York (with London and India) is a free gold market, and this is +undoubtedly one of the reasons why money is so readily advanced +to the United States, and the finance bills, to which we referred +above, would not be allowed to the same extent were it not for +the fact that New York will remit gold when other forms of +remittance are insufficient to satisfy foreign creditors. When +exchange between Paris and London reaches the theoretical limit +point of 25.32 (25 francs 32 centimes for the £1 sterling), gold +does not leave Paris for London unless the Bank of France is +<span class="pagenum"><a name="page53" id="page53"></a>53</span> +willing to allow it. By law, silver is also legal tender in France, +and if the State Bank is pressed for gold a premium will be +charged for it if it is supplied. Gold may be collected on cheaper +terms in small amounts from the great trading corporations +or from the offices of the railways, but a large shipment can only +be made by special arrangement with the Bank of France. +Similarly, in Germany, where a gold standard is supposed to +obtain, if a banker requires a large amount of gold from the +Reichsbank he is warned that he had better not take it, and if +he persists he incurs the displeasure of the government institution +to the prejudice of his business, so that the theoretical limit +point of 20 marks 52 pf. to the pound sterling has no practical +significance, and gold cannot be secured from Berlin when +exchange is against that city, and Germany has, when put to the +test, an inconvertible and sometimes a debased currency. There +is no state bank in the United States, and no government interference +with the natural course of paying debts. On the other +hand, when monetary conditions in New York indicate a great +shortage of funds, and rates of interest are uncomfortably high, +the United States treasury has sometimes parted with some of +its revenue accumulations to the principal New York bankers +on condition that they at once engage a similar amount of gold +for import from abroad, which shall be turned over to the treasury +on arrival. As these advances are made free of interest the effect +is to adjust the limit point of 484 to about 485, and the United +States treasury seems to have taken a leaf out of the book of +the German Reichsbank, which frequently offers similar facilities +to gold importers and creates an artificial limit point in the +Berlin Exchange. The Reichsbank gives credit in Berlin for +gold that has only got as far as Hamburg, and sometimes gives +so many days’ credit that the agent in London of German banking +houses can afford an extravagant price for bar gold and even +risk the loss in weight on a withdrawal of sovereigns, although +the exchange may not have fallen to the other limit point of +20.32. In England the only effort that is made to attract gold +is some action by the Bank of England in the direction of raising +discount rates; occasionally, also, the bank outbids other +purchasers for the arrivals of raw gold from South Africa, +Australia and other mining countries. Quite exceptionally, for +instance during the Boer War, the Bank of England allowed +advances free of interest against gold shipped to London.</p> + +<p>Many of the principal banking houses in all the important +capitals receive continually throughout the day telegraphic +information of the tendency and movement of all the exchanges, +and on the smallest margin of profit a large business is done in +what is called arbitrage (<i>q.v.</i>). For instance, cheques or bills +on London will be bought by X in Paris and remitted to Y in +London. X will recoup himself by selling a cable payment on +Z in New York. Z will put himself in funds to meet the cable +payment by selling 60 days’ sight drafts on Y, who pays the 60 +days’ drafts at maturity out of the proceeds of the cheques or +bills received from Paris, and this complicated transaction, +involving no outlay of capital, must show some minute profit +after all expense of bill stamps, discount, cables and commissions +has been allowed for. Such business is very difficult and very +technical. The arbitrageur must be in first-class credit, must +make the most exact calculation, and be prompt to take +advantage of the small differences in exchange, differences +which can be only temporary, as these operations soon bring +about an adjustment.</p> + +<p>The European exchanges with which London is chiefly concerned +are Paris and Berlin, through which centres most of the +financial business of the rest of Europe is conducted; for example, +Scandinavia, Russia and Austria bank more largely with Berlin +than elsewhere. Italy, Switzerland, Belgium and Spain bank +chiefly in Paris. European claims on London or debts to London +are settled mostly through Germany or France, and consequently +the German and French rates of exchange are affected by the +relation of England with the rest of the Continent. The exchanges +on Paris and Berlin are therefore most carefully watched +by all those big interests which are concerned with the rate of +discount and the value of money in London.</p> + +<p>If the Paris cheque falls to 25.12, gold arrivals in the London +bullion market will be taken by French bankers unless the profit +shown by the exchange on some other country enables other +buyers to pay more for the gold than Paris can afford. If the +Paris cheque falls still further, it would pay to take sovereigns +from the Bank of England for export, and so much would be +taken as would satisfy the demand to send money to France, or +until the consequent scarcity of money in London made rates +of interest so high in England that French bankers would prefer +to leave money and perhaps increase their balances. As between +London and Paris and Berlin the greatest factor operating the +exchanges is the relative value of money in the three centres. +There is no great excess of trade balance at any season in favour +of Germany or France and against England. On the other hand +the banking relations between those countries are very intimate, +and if funds can be very profitably employed in one of these +places, there will be a good demand for remittance, and exchange +will move in favour of that place, that is to say, exchange will +go towards that limit point at which gold will be sent. The +great pastoral and agricultural countries like South America, +Egypt and India are in a position to draw very largely on London +when their crops or other products are ready for shipment. +In the early months of the year gold goes freely to South America +to pay for the cereals, hides and meat, and in the autumn Egypt +and India send such quantities of cotton and wheat that exchange +moves heavily in favour of those countries, and gold must go +to adjust the trade balance. During the rest of the year the gold +tends to return as these countries always require bills on London +or some form of payment to meet interest and dividends on +European money invested in their government debts, railways +and trading enterprises, and to pay for the European manufactures +which they import. Exchange then moves in favour +of England, and the Bank of England can replenish its reserve. +Over the greater part of the world the rate of exchange on London +is an indication simply of the trade balance. The greater part of +the world receives payment for food stuffs, and has to pay for +European manufactures, shipping freights, banking services +and professional commissions.</p> + +<p>The greatest complication in exchange questions arises when +we have to deal with a country employing a silver standard, and, +fortunately for the development of trade, this problem has +disappeared of late years in the case of India, Ceylon, Japan, +Mexico and the Straits Settlements, and now the only important +country using silver as a standard is China. When the monetary +standard in one country is only a commodity in another country +we are as far removed from the ideal of an international currency +as can be imagined. We can fix no limit points to the exchange +and we cannot settle any theoretical par of exchange. The price +of silver in the gold-using country may vary as much as the price +of copper or tin, and in the silver-using country gold is dealt +in just as any other metal. In both cases the only metal of +constant price is the metal which is used as the money standard. +The easiest method of explaining the position is to consider that +any one in a gold-using country having a claim in currency on +a silver-using country has to offer for sale so many ounces of +silver, and vice versa the exporter in a silver-using country +sending produce to London has to offer a draft representing so +many ounces of gold. This introduces a very unsatisfactory +element. To take a practical example:—a tea-grower in China +has raised his crop in spite of the usual experience of weather and +labour difficulties and the endless risks that a planter must face; +the tea is then sent to London to take its chance of good or bad +prices, and at the same time the planter has a draft to sell representing +locally a certain weight of gold; now, in addition to all +the risks of weather and trading conditions, and the chances of +the fluctuations in the tea market, he is compelled to gamble +in the metal market on the price of gold. Some years ago when +a large number of important countries employed a silver standard +it was seriously suggested that a fixed ratio should be agreed +internationally at which gold and silver should be exchanged. +This advocacy of bimetallism (<i>q.v.</i>) was especially persistent at +a time when silver had suffered a very great fall in price and the +<span class="pagenum"><a name="page54" id="page54"></a>54</span> +prominent exponents could generally be identified either as +extremely practical men who were interested in the price of +silver, or as very inexperienced theorists. The difficulty of the +two standards was successfully solved by discarding the use of +silver, and the chief silver-using countries adopted a gold +standard which has given greater security for the investment +of foreign capital, has simplified business and brought about a +large increase of trade.</p> + +<p>In the case of a country of which the government has been +subject to great financial difficulties, gold has been shipped to +satisfy foreign creditors so long as the supply held out, and the +exchange with such a country will continue to move adversely +with every fresh political embarrassment and any other economic +cause reflecting on the national credit. With the collapse of the +monarchy in Brazil the value of the milreis fell from 27d. to 5d., +and all the Spanish-American countries have from time to time +afforded most distressing examples of the demoralizing effects on +the currency of unstable and reckless administration. In Europe +similar results have been shown by the mistrust inspired by the +governments of Spain, Greece, Italy and some other states. +The raising of revenue by the use of the printing press creates +an inconvertible and depreciating paper currency which frightens +foreign capital and severely taxes the unfortunate country which +must make payment abroad for the service of debt and other +obligations. With the tardy appreciation of the old proverb that +“honesty is the best policy” nearly every country of importance +has made strenuous efforts to improve the integrity of its money.</p> + +<p>Exchange quotations are not published from many of the +British colonies, as their financial business is in the hands of a +comparatively few excellently managed banks, which establish, +by agreement, conventional exchanges fixed for a considerable +period, notably in the case of Australia, New Zealand and South +Africa. The Scottish and Irish banks supply similar examples +of a monopoly in exchange.</p> + +<p>The following table taken from the money article of a London +daily paper indicates the exchanges which are of most interest +to England:—</p> + +<p class="pt2 center"><i>Foreign Exchanges.</i></p> + +<table class="ws f90" summary="Contents"> +<tr><td class="tcc allb"> </td> <td class="tcc allb">June 14.</td> <td class="tcc allb">June 15.</td> <td class="tcc allb">June 16.</td></tr> + +<tr><td class="tcl lb rb">Paris, cheques</td> <td class="tcc rb">25 f. 18 c.</td> <td class="tcc rb">25 f. 18 c.</td> <td class="tcc rb">25 f. 18 c.</td></tr> +<tr><td class="tcl lb rb">Paris, Mkt. discount</td> <td class="tcc rb">2½-<span class="spp">5</span>⁄<span class="suu">8</span> p.c.</td> <td class="tcc rb">2½-<span class="spp">5</span>⁄<span class="suu">8</span> p.c.</td> <td class="tcc rb">2½-<span class="spp">5</span>⁄<span class="suu">8</span> p.c.</td></tr> +<tr><td class="tcl lb rb">Brussels, cheques</td> <td class="tcc rb">25 f. 23 c.</td> <td class="tcc rb">25 f. 23½ c.</td> <td class="tcc rb">..</td></tr> +<tr><td class="tcl lb rb">Berlin, sight</td> <td class="tcc rb">20 m. 48¾ pf.</td> <td class="tcc rb">20 m. 48¾ pf.</td> <td class="tcc rb">20 m. 48 pf.</td></tr> +<tr><td class="tcl lb rb">Berlin, 8 days</td> <td class="tcc rb">20 m. 46½ pf.</td> <td class="tcc rb">20 m. 46¼ pf.</td> <td class="tcc rb">20 m. 45½ pf.</td></tr> +<tr><td class="tcl lb rb">Berlin, Mkt. discount</td> <td class="tcc rb">3<span class="spp">7</span>⁄<span class="suu">8</span> p.c.</td> <td class="tcc rb">3<span class="spp">7</span>⁄<span class="suu">8</span> p.c.</td> <td class="tcc rb">3<span class="spp">7</span>⁄<span class="suu">8</span> p.c.</td></tr> +<tr><td class="tcl lb rb">Vienna, sight</td> <td class="tcc rb">Holiday</td> <td class="tcc rb">24 kr. 02¼ h.</td> <td class="tcc rb">24 kr. 02¾ h.</td></tr> +<tr><td class="tcl lb rb">Amsterdam, sight</td> <td class="tcc rb">12 fl. 13<span class="spp">1</span>⁄<span class="suu">8</span> c.</td> <td class="tcc rb">12 fl. 13¼ c.</td> <td class="tcc rb">..</td></tr> +<tr><td class="tcl lb rb">Italy, sight</td> <td class="tcc rb">Holiday</td> <td class="tcc rb">25 lire 15 c.</td> <td class="tcc rb">..</td></tr> +<tr><td class="tcl lb rb">Madrid, sight</td> <td class="tcc rb">”</td> <td class="tcc rb">27 ps. 68</td> <td class="tcc rb">..</td></tr> +<tr><td class="tcl lb rb">Lisbon, sight</td> <td class="tcc rb">”</td> <td class="tcc rb">..</td> <td class="tcc rb">..</td></tr> +<tr><td class="tcl lb rb">St Petersburg, 3 ms.</td> <td class="tcc rb">94 r. 10</td> <td class="tcc rb">94 r. 10</td> <td class="tcc rb">..</td></tr> +<tr><td class="tcl lb rb">Bombay, T.T.</td> <td class="tcc rb">1s. 4d.</td> <td class="tcc rb">1s. 4d.</td> <td class="tcc rb">1s. 4d.</td></tr> +<tr><td class="tcl lb rb">Calcutta, T.T.</td> <td class="tcc rb">1s. 4d.</td> <td class="tcc rb">1s. 4d.</td> <td class="tcc rb">1s. 4d.</td></tr> +<tr><td class="tcl lb rb">Hong-Kong, T.T.</td> <td class="tcc rb">2s. 1<span class="spp">1</span>⁄<span class="suu">16</span>d.</td> <td class="tcc rb">2s. 1<span class="spp">1</span>⁄<span class="suu">16</span>d.</td> <td class="tcc rb">2s. 1<span class="spp">1</span>⁄<span class="suu">16</span>d.</td></tr> +<tr><td class="tcl lb rb">Shanghai, T.T.</td> <td class="tcc rb">2s. 10¾d.</td> <td class="tcc rb">2s. 10<span class="spp">5</span>⁄<span class="suu">8</span>d.</td> <td class="tcc rb">2s. 10<span class="spp">5</span>⁄<span class="suu">8</span>d.</td></tr> +<tr><td class="tcl lb rb">Singapore, T.T.</td> <td class="tcc rb">2s. 4<span class="spp">1</span>⁄<span class="suu">16</span>d.</td> <td class="tcc rb">2s. 4<span class="spp">1</span>⁄<span class="suu">16</span>d.</td> <td class="tcc rb">2s. 4<span class="spp">1</span>⁄<span class="suu">16</span>d.</td></tr> +<tr><td class="tcl lb rb">Yokohama, T.T.</td> <td class="tcc rb">2s. 0<span class="spp">3</span>⁄<span class="suu">8</span>d.</td> <td class="tcc rb">2s. 0<span class="spp">3</span>⁄<span class="suu">8</span>d.</td> <td class="tcc rb">2s. 0<span class="spp">3</span>⁄<span class="suu">8</span>d.</td></tr> +<tr><td class="tcl lb rb">*Rio de Jan’ro, 90 days</td> <td class="tcc rb">16<span class="spp">9</span>⁄<span class="suu">16</span>d.</td> <td class="tcc rb">16<span class="spp">9</span>⁄<span class="suu">16</span>d.</td> <td class="tcc rb">16<span class="spp">17</span>⁄<span class="suu">32</span>d.</td></tr> +<tr><td class="tcl lb rb">*Valparaiso, 90 days Coml.</td> <td class="tcc rb">14<span class="spp">3</span>⁄<span class="suu">8</span>d.</td> <td class="tcc rb">14<span class="spp">3</span>⁄<span class="suu">8</span>d.</td> <td class="tcc rb">14¼d.</td></tr> +<tr><td class="tcl lb rb bb">*B. Ayres, 90 days</td> <td class="tcc rb bb">48<span class="spp">1</span>⁄<span class="suu">8</span>d.</td> <td class="tcc rb bb">48d.</td> <td class="tcc rb bb">48d.</td></tr> + +<tr><td class="tcl" colspan="4">* These rates are telegraphed on the day preceding their receipt.</td></tr> +</table> + +<p>In the case of Paris and Berlin it will be noticed that the +local rate of discount is also given, as the value of money in these +centres, in relation to the value of money in London, is the most +important factor in a movement of the exchange. Vienna has +become important owing to the improvement in the financial +position of Austria, and still greater improvement is shown in +the case of Italy, whose currency stands in the above list better +even than that of France. Spain, which should stand at about +the same rate, still has a depreciated paper currency. Lisbon +stands also at a discount, as the milreis should be worth 53¼ +pence.</p> + +<p>In Russia the exchange showing 94.10 roubles to £10 is carefully +and cleverly controlled in spite of the bad internal position. +The India exchanges move slightly, as the currency is firmly +established at the rate of 15 rupees to the £1. Hong-Kong quotes +for the old Mexican dollar and a British trade dollar; Shanghai +for the tael containing on an average 517½ grains of fine silver. +The Straits Settlements have fixed their money on a gold basis +at 2s. 4d. per dollar, on the lines of the arrangement made in +India. In Japan there is a gold standard, and par of exchange +is 2s. 0½d. for the yen. Brazil, Chile and Argentina have a +depreciated paper currency, and the last quotation of 48d. is for +the gold dollar equal to five francs, but there is a premium on +gold in the River Plate of 127.27½% and for the present a gold +standard is re-established on this basis. The letters T.T. with +the eastern exchanges signify telegraphic transfer or the rate for +payments made by cable. The very important New York rates +are always given in another part of the daily paper with other +details of American commercial interest.</p> + +<p>These rates are all quotations for payments in England, and +all over the world the exchange on London is the exchange of +the greatest importance. This unique position was gained +originally, probably, through the geographical position of the +United Kingdom, and has been maintained owing to several +reasons which secure to London a peculiar position by comparison +with any other capital. Britain’s colossal trade ensures a supply +of and a demand for English remittances. Even when goods +or produce are dealt in between foreign countries a credit is opened +in London, so that the shipper of the produce can offer in the +local market a bill of exchange which is readily saleable. With +the highly developed banking system a large amount of deposits +is collected in London, and the result is that bills of any usance +up to six months can be immediately discounted, and the proceeds, +if required, can be handed over in gold. There are in +London a great number of wealthy banks and banking houses +whose reputation and solidity allow any one of them to accept +bills for amounts varying from one to ten millions sterling, +whereby large commissions are earned.</p> + +<p>These four advantages, namely, a free gold market, a huge +trade, an enormous accumulation of wealth, and a discount +market such as exists nowhere else, have made London an +unrivalled financial centre, and consequently bills on London +are an international money and the best medium of exchange.</p> + +<div class="condensed"> +<p><span class="sc">Authorities.</span>—<i>A B C of the Foreign Exchanges</i>, by George +Clare; <i>Foreign Exchanges</i>, by Goschen; <i>Arbitrage</i>, by Deutsch; +<i>Arbitrages et Parités</i>, by Ottomar Haupt; Swoboda, <i>Arbitrage</i> (12th +edition), by Max Fuerst.</p> +</div> +<div class="author">(E. M. Ha.)</div> + + +<hr class="art" /> +<p><span class="bold">EXCHEQUER.<a name="ar48" id="ar48"></a></span> The word “exchequer” is the English form +of the Fr. <i>échiquier</i>, low Lat. <i>scaccarium</i>, and its primary meaning +is a chess-board (see <span class="sc"><a href="#artlinks">Chess</a></span>). As the name of a government +department dealing with accounts it is derived from the exchequer +or the “abacus” by means of which such accounts were kept, +such a contrivance being almost universally in use before the +introduction of the Arabic notation. In England the department +or court of accounts was named originally “the tallies” from +the notched sticks or tallies which constituted the primitive +means of account-keeping (which were only abolished in 1826), +and was only subsequently, probably in the reign of Henry I., +named the exchequer from the use of the abacus. Both the name +and the general features of the institution may reasonably be +attributed to Norman influence, since we find both in Normandy +and in the Norman kingdom of Sicily, as well as in Scotland and +Ireland; the two latter cases being directly due to English +example. As a court of law the exchequer owed its existence in +England, as elsewhere, to the necessity of deciding legal questions +arising from matters of account, and its secondary activities soon +overshadowed its original functions.</p> + +<p>We cannot say whether the exchequer, as known in England, +is older than the beginning of the 12th century. The treasury, +which may be regarded as one of its constituents, dates from +before the conquest, and the officers of the exchequer who were +drawn from the treasury staff can be traced back to Domesday. +But our earliest information about the exchequer itself, apart +from that afforded by the pipe rolls (see <span class="sc"><a href="#artlinks">Record</a></span>), rests on a +<span class="pagenum"><a name="page55" id="page55"></a>55</span> +treatise (<i>Dialogus de Scaccario</i>) written about <span class="scs">A.D.</span> 1179 by +Richard, bishop of London and treasurer of England. His +father, Nigel, bishop of Ely, had been treasurer of Henry I., and +nephew to that king’s great financial minister Roger, bishop of +Salisbury. Nigel is said to have reconstituted the exchequer after +the troubles of Stephen’s reign upon the model which he inherited +from his uncle. The Angevin, or rather the Norman, exchequer +cannot be regarded in strictness as a permanent department. +It consisted of two parts: the lower exchequer, which was +closely connected with the permanent treasury and was an +office for the receipt and payment of money; and the upper +exchequer, which was a court sitting twice a year to settle +accounts and thus nearly related to the Curia Regis (<i>q.v.</i>). We +dare hardly say that either exchequer existed in vacation; +indeed the word (like the word “diet”) seems to have been +limited at first to the actual sitting of the king’s court for financial +purposes. The Michaelmas and Easter exchequers were the +sessions of this court “at the exchequer” or chess-board as it +had previously sat “at the tallies.” The constitution of the +court was that of the normal Frankish curia. The king was the +nominal president, and the court consisted of his great officers +of state and his barons, or tenants-in-chief, and it is doubtless +due to the fact that the exchequer was originally the curia itself +sitting for a special purpose that its unofficial judges retained +the name of “barons” until recent times. Of the great officers +we may probably find the steward in the person of the justiciar, +the normal president of the court. He sat at the head of the +exchequer table. The butler was not represented. The chancellor +sat on the justiciar’s left; he was custodian <i>ex officio</i> of +the seal of the court, and thus responsible for the issue of all writs +and summonses, and moreover for the keeping of a duplicate roll +of accounts embodying the judgments of the court. On the left +of the chancellor, and thus clear of the table, since their services +might be required elsewhere at any moment, sat the constable, +the two chamberlains and the marshal. The constable was the +chief of the outdoor service of the court, and was responsible +for everything connected with the army, or with hunting and +hawking. The two chamberlains were the lay colleagues of the +treasurer, and shared with him the duty of receiving and paying +money, and keeping safe the seal of the court, and all the records +and other contents of the treasury. The marshal, who was +subordinate to the constable, shared his duties, and was specially +responsible for the custody of prisoners and of the vouchers +produced by accountants. At the head of the table on the +justiciar’s right sat, in Henry II.’s time, an extraordinary member +of the court, the bishop of Winchester. The treasurer, like the +chancellor a clerk, sat at the head of the right-hand side of the +table. He charged the accountants with their fixed debts, and +dictated the contents of the great roll of accounts (or pipe roll) +which embodied the decisions of the court as to the indebtedness +of the sheriffs and other accountants. These persons with certain +subordinates constituted the court of accounts, or upper exchequer, +whereas the lower exchequer, or exchequer of receipt, +consisted almost exclusively of the subordinates of the +treasurer and chamberlains. In the upper exchequer the +justiciar appointed the calculator, who exhibited the state of +each account by means of counters on the exchequer table, so +that the proceedings of the court might be clear to the presumably +illiterate sheriff. The calculator sat in the centre of the side of +the table on the president’s left. The chancellor’s staff consisted +of the <i>Magister Scriptorii</i> (probably the ancestor of the modern +master of the rolls), whose duties are not stated; a clerk (the +modern chancellor of the exchequer) who settled the form of all +writs and summonses, charged the sheriff with all fines and +amercements, and acted as a check on the treasurer in the composition +of the great roll; and a scribe (afterwards the comptroller +of the pipe), who wrote out the writs and summonses and +kept a duplicate of the great roll, known as the chancellor’s roll. +The constable’s subordinates were the marshal and a clerk, who, +besides the duty of paying outdoor servants of the crown, had the +special task of producing duplicates of all writs issued by the +Curia Regis. The treasurer and chamberlains, being colleagues, +had a joint staff, the clerical or literate members of which were +servants of the treasurer, while the lay or illiterate members +depended on the chamberlains. Hence while the treasurer and +his clerks kept their accounts by means of rolls, the chamberlains +and their serjeants duplicated them so far as possible by means +of tallies. Thus the great roll was written by the treasurer’s +scribe (the engrosser, afterwards the clerk of the pipe), while the +payments on account and other allowances to be credited to the +sheriff were registered by the tally cutter of the chamberlains.</p> + +<p>In the exchequer of receipt the staff was similarly divided +between the treasurer and chamberlains; the treasurer having +a clerk who kept the issue and receipt rolls (the later clerk of the +pells) and four tellers, while each of the chamberlains was represented +by a knight (afterwards the deputy chamberlains), who +controlled the clerk’s account by means of tallies, and held their +lands by this serjeanty; these three had joint control of the +treasury, and could not act independently. The other serjeants +were the knight or “pesour” who weighed the money, the melter +who assayed it, and the ushers of the two exchequers. It should +be noted that all the lay offices of the treasury in both exchequers +were hereditary. Henry II. had also a personal clerk who +supervised the proceedings personally in the upper, and by +deputy in the lower, exchequer.</p> + +<p>The business of the ancient exchequer was primarily financial, +although we know that some judicial business was done there and +that the court of common pleas was derived from it rather than +from the curia proper. The principal accountants were the +sheriffs, who were bound, as the king’s principal financial agents +in each county, to give an account of their stewardship twice a +year, at the exchequers of Easter and Michaelmas. Half the +annual revenue was payable at Easter, and at Michaelmas the +balance was exacted, and the accounts made up for the year, +and formally enrolled on the pipe roll. The fixed revenue consisted +of the farms of the king’s demesne lands within the counties, +of the county mints, and of certain boroughs (see BOROUGH) +which paid annual sums as the price of their liberties. Danegeld +was also regarded as fixed revenue, though after the accession of +Henry II. it was not frequently levied. There were also rents +of assarts and purprestures and mining and other royalties. +The casual revenue consisted of the profits of the feudal incidents +(escheat, wardship and marriage), of the profits of justice (amercements, +and goods of felons and outlaws), and of fines, or payments +made by the king’s subjects to secure grants of land, wardships +or marriages, and of immunities, as well as for the hastening +and sometimes the delaying of justice. Besides this, there were +the revenues arising from aids and scutages of the king’s military +tenants, tallages of the crown lands, customs of ports, and special +“gifts,” or general assessments made on particular occasions. +For the collection of all these the sheriff was primarily responsible, +though in some cases the accountants dealt directly with the +exchequer, and were bound to make their appearance in person +on the day when the sheriff accounted.</p> + +<p>We gather both from tradition and from the example of the +Scottish exchequer that the farms of demesne lands were originally +paid in kind, by way of purveyance for the royal household, +and although such farms are expressed even in Domesday Book +in terms of money, the tradition that there was a system of +customary valuation is a sufficient explanation, and not of itself +incredible. At some date, possibly under the administration of +Roger of Salisbury, the inconvenience of this arrangement led +to the substitution of money payments at the exchequer. The +rapid deterioration of a small silver coinage led to successive +efforts to maintain the value of these payments, first by a “scale” +deduction of 6d. in the £ for wear, then by the substitution of +payment by weight for payment by tale, and finally by the +reduction of most of such payments to their pure silver value +by means of an assay, a process originally confined to payments +from particular manors. Only the farms of counties, however, +were so treated, and not all of those. The amount to be deducted +in these cases was settled by the weighing and assaying of a +specimen pound of silver in the presence of the sheriff by the +pesour and the melter in the lower exchequer. The casual +<span class="pagenum"><a name="page56" id="page56"></a>56</span> +revenue was paid by tale, and for the determination of its +amount it was necessary to have copies of all grants made in the +chancery on which rents were reserved, or fines payable. These +were known first as <i>contrabrevia</i> and later as <i>originalia</i>; the +profits of justice were settled by the delivery of “estreats” +from the justices, while for certain minor casualties the oath of +the sheriff was at first the only security. At a later date many of +them were determined by copies of inquisitions sent in from the +chancery. All this business might be transacted anywhere in +England, and though convenience placed the exchequer first at +Winchester (where the treasury was), and afterwards usually +at Westminster, it held occasional sessions at other towns even +in the 14th century.</p> + +<p>The Angevin exchequer, described by Richard the Treasurer, +remained the ideal of the institution throughout its history, and +the lineaments of the original exemplar were never completely +effaced; but the rapid increase both of financial and judicial +business led to a multiplication of machinery and a growing +complexity of constitution. Even in the time of Henry II. we +gather that the great officers of state, except the treasurer and +chancellor, commonly attended by deputy. In the reign of +Henry III. the chancellor had also ceased to attend, and his clerk +acquired the title of chancellor of the exchequer. To the same +period belongs the institution of the king’s and lord treasurer’s +remembrancers. These at first had common duties and kept +duplicate rolls, but by the ordinance of 1323 their functions were +differentiated. Henceforward the king’s remembrancer was more +particularly concerned with the casual, and the lord treasurer’s +remembrancer with the fixed revenue. The former put all debts +in charge, while the latter saw to their recovery when they had +found their way on to the great roll. Hence the preliminary +stages of each account, the receiving and registering of the +king’s writs to the treasurer and barons, and the drawing up of +all particulars of account, lay with the king’s remembrancer, and +he retained the corresponding vouchers. The lord treasurer’s +remembrancer exacted the “remanets” of such accounts as had +been enrolled, as well as reserved rents and fixed revenue, and +so became closely connected with the clerk of the pipe. Before +the end of the 14th century these three offices had already +crystallized into separate departments.</p> + +<p>In the meantime the increasing length and variety of accounts, +as well as the growth of judicial business, had led to various efforts +at reform. As early as 22 Henry II. it became necessary to +remove from the great roll the debts which it seemed hopeless to +levy, and further ordinances to the same end were made by +statute in 54 Henry III. and in 12 Edward I. By this last a +special “exannual roll” was established in which the +“desperate debts” were recorded, in order that the sheriff +might be reminded of them yearly without their overloading the +great roll. But the largest accession of financial business arose +from the “foreign accounts,” that is to say, the accounts of +national services, which did not naturally form part of the +account of any county. These did not in the reign of Henry II. +form a part of the exchequer business. Such expenses as appear +on the pipe roll were paid by the sheriffs, or by the bailiffs of +“honours”; payments out of the treasury itself would only +appear on the receipt and issue rolls, and the “spending departments” +probably drew their supplies from the camera curie, +and not directly from the exchequer. In the course of the 13th +century the exchequer gradually acquired partial control of these +national accounts. Even in 18 Henry II. there is an account for +the forests of England, and soon the mint, the wardrobe and the +escheators followed. The undated statute of the exchequer +(probably about 1276) provides for escheators, the earldom of +Chester, the Channel Islands, the customs and the wardrobe. +During the reign of Edward I., the wardrobe account became +unmanageable, since it not only financed the household, army, +navy and diplomatic service, but raised money on the customs +independently of the exchequer. The reform of 1323-1326, due +to Walter de Stapledon, in remedying this state of things, greatly +increased the number of “foreign accounts” by making the +great wardrobe (the storekeeping department), the butler, +purveyors, keepers of horses or of the stud, the clerk of the +“hamper” of the chancery (who took the fees for the great +seal), and the various ambassadors, directly accountable to the +exchequer. At the same time the sheriffs’ accounts were expedited +by the further simplification of the great roll, and by +appointing a special officer, the “foreign apposer,” to take the +account of the “green wax,” or estreats, so that two accounts +could go on at once. Another baron (the 5th or cursitor baron) +was appointed, and the whole business of foreign accounts was +transferred to a separate building where one baron and certain +auditors spent their whole time in settling the balances due on +the accounts already mentioned, as well as those of castles, &c. , +not let to farm, Wales, Gascony, Ireland, aids (clerical and lay), +temporalities of vacant bishoprics, abbeys, priories and dignities, +mines of silver and tin, ulnage and so forth. These balances +were accounted for in the exchequer itself, and entered on the +pipe roll, but the preliminary accounts were filed by the king’s +remembrancer, and enrolled separately by the treasurer’s +remembrancer as a supplement to the pipe roll.</p> + +<p>The next important change, about the end of the 15th century, +was the gradual substitution of special auditors appointed by the +crown, known as the auditors of the prests (the predecessors +of the commissioners for auditing public accounts), for the +auditors of the exchequer. Accounts when passed by them were +presented in duplicate and “declared” before the treasurer, +under-treasurer and chancellor. Of the two copies, one, on +paper, was retained by the auditors, the other, on parchment, +was successively enrolled by the king’s and lord treasurer’s +remembrancers, and finally by the clerk of the pipe, to secure +the levying of any “remanets” or “supers” by process of the +exchequer.</p> + +<p>Besides the two great difficulties of the postponement of +financial to legal business, and of preventing the sheriffs from +exacting the same debt twice, the exchequer was, as has been +seen, hampered in its functions by the interference of other +departments in financial matters. Its own branches even +acquired a certain independence. The exchequer of the Jews, +which came to an end in 18 Edward I., was such a branch. In +27 Henry VIII. the court of augmentations was established to +deal with forfeited lands of monasteries. This was followed in +32 & 33 Henry VIII. by the courts of first-fruits and tenths +and of general surveyors. These were reabsorbed by the exchequer +in 1 Mary, but remained as separate departments +within it. But the development of the treasury, which succeeded +to the functions of the camera curie or the king’s chamber, +ultimately reduced the administrative functions of the exchequer +to unimportance, and the audit office took over its duties with +regard to public accounts. So that when the statute of 3 & 4 +William IV. cap. 99, removed the sheriff’s accounts also from +its competence, and brought to an end the series of pipe rolls +which begins in 1130, the ancient exchequer may be said to have +come to an end.</p> +<div class="author">(C. J.)</div> + +<p>In 1834 an act was passed abolishing the old offices of the +exchequer, and creating a new exchequer under a comptroller-general, +the detailed business of payments formerly made at +the exchequer being transferred to the paymaster-general, +whose office was further enlarged in 1836 and 1848. And in +1866, as the result of a select committee reporting unfavourably +on the system of exchequer control as established in +1834, the exchequer was abolished altogether as a distinct +department of state, and a new exchequer and audit department +established.</p> + +<p>The ancient term exchequer now survives mainly as the +official title of the national banking account of the United +Kingdom. This central account is commonly called the exchequer, +and its statutory title is “His Majesty’s Exchequer.” +It may also be described with statutory authority as “The +Account of the Consolidated Fund of Great Britain and Ireland.” +This account is, in fact, divided between the Banks of England +and Ireland. At the head office of each of these institutions +receipts are accepted and payments made on account of the +exchequer; but in published documents the two accounts are +<span class="pagenum"><a name="page57" id="page57"></a>57</span> +consolidated into one, the balances only at the two banks being +shown separately.</p> + +<p>Operations affecting the exchequer are regulated by the +Exchequer and Audit Departments Act 1866. Section 10 prescribes +that the gross revenue of the United Kingdom (less +drawbacks and repayments, which are not really revenue) is +payable, and must sooner or later be paid into the exchequer. +Section 11 directs that payments should be made from the +fund so formed to meet the current requirements of spending +departments. Sections 13, 14, 15 lay down the conditions +under which money can be drawn from the exchequer. Drafts on +the exchequer require the approval of an officer independent +of the executive government, the comptroller and auditor-general. +But the description of the formal procedure required +by statute cannot adequately express the actual working of +the system, or the part it plays in the national finance. The +simplicity of the system laid down by the act of 1866 has been +disturbed by the diversion of certain branches or portions of +revenue from the exchequer to “Local Taxation Accounts,” +under a system initiated by the Local Government Act 1888, +and much extended since.</p> + +<p>While the exchequer is, as already stated, the central account, +it is not directly in contact with the details of either revenue +or expenditure. As regards revenue, the produce of taxes and +other sources of income passes, in the first instance, into the +separate accounts of the respective receiving departments—mainly, +of course, those of the customs, inland revenue and post +office. A not inconsiderable portion is received in the provinces, +and remitted to London or Dublin by bills or otherwise, and the +ultimate transfers to the exchequer are made (in round sums) +from the accounts of the receiving departments in London or in +Dublin. Thus, there are always considerable sums due to the +exchequer by the revenue departments; on the other hand, as +floating balances are (for the sake of economy) used temporarily +for current expenses, there are generally amounts due by the +exchequer to the receiving departments; such cross claims +are adjusted periodically, generally once a month. The finance +accounts of the United Kingdom show the gross amounts due +to the exchequer from the departments, and likewise the amounts +payable out of the gross revenue in priority to the claim of the +exchequer. On the expenditure side a similar system prevails. +No detailed payments are made direct from the exchequer, but +round sums are issued from it to subsidiary accounts, from +which the actual drafts for the public services are met. For +instance, the interest on the national debt is paid by the Bank +of England from a separate account fed by transfers of round +sums from the exchequer as required. Similarly, payments for +army, navy and most civil services are met by the paymaster-general +out of an account of his own, fed by daily transfers from +the exchequer.</p> + +<p>This system has two noticeable effects. Firstly, it secures the +simplicity and finality of the exchequer accounts, and therefore +of all ordinary statements of national finance. Every evening +the chancellor of the exchequer can tell his position so far as the +exchequer is concerned; on the first day of every quarter the +press is able to comment on the national income and expenditure +up to the evening before. The annual account is closed on the +evening of the 31st of March, and there can be no reopening of +the budget of a past year such as may occur under other financial +systems. The second effect of the system is to introduce a certain +artificiality into the financial statements. Actual facts cannot be +reduced to the simplicity of exchequer figures; there is always +(as already explained) revenue received by government which +has not yet reached the exchequer; and there must always +be a considerable outstanding liability in the form of cheques +issued but not yet cashed. The suggested criticism is, however, +met if it can be shown that, on the whole, the differences +between the true revenue and the exchequer receipts, or +between the true (or audited) expenditure and the exchequer +issues, are not, taking one year with another, relatively considerable. +The following figures (000’s omitted) illustrate this +point:—</p> + +<p class="center pt2"><i>Expenditure.</i></p> + +<table class="ws f90" summary="Contents"> +<tr><td class="tccm allb">Year.</td> <td class="tccm allb">Exchequer<br />Issues.</td> <td class="tccm allb">Audited<br />Expenditure.</td> <td class="tccm allb">Difference.</td></tr> + +<tr><td class="tcc lb rb">1888-1889</td> <td class="tcr rb">£85,674</td> <td class="tcr rb">£86,070</td> <td class="tcr rb">£+396</td></tr> +<tr><td class="tcc lb rb">1889-1890</td> <td class="tcr rb">86,083</td> <td class="tcr rb">86,033</td> <td class="tcr rb">− 50</td></tr> +<tr><td class="tcc lb rb">1890-1891</td> <td class="tcr rb">87,732</td> <td class="tcr rb">87,638</td> <td class="tcr rb">− 94</td></tr> +<tr><td class="tcc lb rb">1891-1892</td> <td class="tcr rb">89,928</td> <td class="tcr rb">90,125</td> <td class="tcr rb">+197</td></tr> +<tr><td class="tcc lb rb">1892-1893</td> <td class="tcr rb">90,375</td> <td class="tcr rb">90,164</td> <td class="tcr rb">−211</td></tr> +<tr><td class="tcc lb rb">1893-1894</td> <td class="tcr rb">91,303</td> <td class="tcr rb">91,530</td> <td class="tcr rb">+227</td></tr> +<tr><td class="tcc lb rb">1894-1895</td> <td class="tcr rb">93,919</td> <td class="tcr rb">93,818</td> <td class="tcr rb">−101</td></tr> +<tr><td class="tcc lb rb">1895-1896</td> <td class="tcr rb">97,764</td> <td class="tcr rb">97,667</td> <td class="tcr rb">− 97</td></tr> +<tr><td class="tcc lb rb">1896-1897</td> <td class="tcr rb">101,477</td> <td class="tcr rb">101,543</td> <td class="tcr rb">+ 66</td></tr> +<tr><td class="tcc lb rb">1897-1898</td> <td class="tcr rb">102,936</td> <td class="tcr rb">103,010</td> <td class="tcr rb">+ 74</td></tr> + +<tr><td class="tccm allb">Total for<br />10 years</td> <td class="tcrm allb">£927,191</td> <td class="tcrm allb">£927,598</td> <td class="tcrm allb">£+407</td></tr> +</table> + +<p class="center pt2"><i>Revenue.</i></p> + +<table class="ws f90" summary="Contents"> +<tr><td class="tccm allb">Year.</td> <td class="tccm allb">Exchequer<br />Receipts.</td> <td class="tccm allb">Actual<br />Revenue.</td> <td class="tccm allb">Difference.</td></tr> + +<tr><td class="tcc lb rb">1888-1889</td> <td class="tcr rb">£88,473</td> <td class="tcr rb">£88,038</td> <td class="tcr rb">£−435</td></tr> +<tr><td class="tcc lb rb">1889-1890</td> <td class="tcr rb">89,304</td> <td class="tcr rb">89,416</td> <td class="tcr rb">+112</td></tr> +<tr><td class="tcc lb rb">1890-1891</td> <td class="tcr rb">89,489</td> <td class="tcr rb">89,282</td> <td class="tcr rb">−207</td></tr> +<tr><td class="tcc lb rb">1891-1892</td> <td class="tcr rb">90,995</td> <td class="tcr rb">91,428</td> <td class="tcr rb">+433</td></tr> +<tr><td class="tcc lb rb">1892-1893</td> <td class="tcr rb">90,395</td> <td class="tcr rb">90,181</td> <td class="tcr rb">−214</td></tr> +<tr><td class="tcc lb rb">1893-1894</td> <td class="tcr rb">91,133</td> <td class="tcr rb">91,265</td> <td class="tcr rb">+132</td></tr> +<tr><td class="tcc lb rb">1894-1895</td> <td class="tcr rb">94,684</td> <td class="tcr rb">94,873</td> <td class="tcr rb">+189</td></tr> +<tr><td class="tcc lb rb">1895-1896</td> <td class="tcr rb">101,974</td> <td class="tcr rb">102,031</td> <td class="tcr rb">+ 57</td></tr> +<tr><td class="tcc lb rb">1896-1897</td> <td class="tcr rb">103,960</td> <td class="tcr rb">104,089</td> <td class="tcr rb">+129</td></tr> +<tr><td class="tcc lb rb">1897-1898</td> <td class="tcr rb">106,614</td> <td class="tcr rb">106,691</td> <td class="tcr rb">+ 77</td></tr> + +<tr><td class="tccm allb">Total for<br />10 years</td> <td class="tcrm allb">£947,011</td> <td class="tcrm allb">£947,294</td> <td class="tcrm allb">£+273</td></tr> +</table> + +<p class="center pt2"><i>Surplus.</i></p> + +<table class="ws f90" summary="Contents"> +<tr><td class="tccm allb">Year.</td> <td class="tccm allb">Exchequer<br />Accounts.</td> <td class="tccm allb">Diff. between<br />Actual Rev.<br />and Aud. Exp.</td> <td class="tccm allb">Difference.</td></tr> + +<tr><td class="tcc lb rb">1888-1889</td> <td class="tcr rb">£2,799</td> <td class="tcr rb">£1,968</td> <td class="tcr rb">£−831</td></tr> +<tr><td class="tcc lb rb">1889-1890</td> <td class="tcr rb">3,221</td> <td class="tcr rb">3,383</td> <td class="tcr rb">+162</td></tr> +<tr><td class="tcc lb rb">1890-1891</td> <td class="tcr rb">1,757</td> <td class="tcr rb">1,644</td> <td class="tcr rb">−113</td></tr> +<tr><td class="tcc lb rb">1891-1892</td> <td class="tcr rb">1,067</td> <td class="tcr rb">1,303</td> <td class="tcr rb">+236</td></tr> +<tr><td class="tcc lb rb">1892-1893</td> <td class="tcr rb">20</td> <td class="tcr rb">17</td> <td class="tcr rb">− 3</td></tr> +<tr><td class="tcc lb rb">1893-1894</td> <td class="tcr rb">−<i>170</i></td> <td class="tcr rb">−<i>265</i></td> <td class="tcr rb">− 95</td></tr> +<tr><td class="tcc lb rb">1894-1895</td> <td class="tcr rb">765</td> <td class="tcr rb">1,055</td> <td class="tcr rb">+290</td></tr> +<tr><td class="tcc lb rb">1895-1896</td> <td class="tcr rb">4,210</td> <td class="tcr rb">4,364</td> <td class="tcr rb">+154</td></tr> +<tr><td class="tcc lb rb">1896-1897</td> <td class="tcr rb">2,473</td> <td class="tcr rb">2,546</td> <td class="tcr rb">+ 73</td></tr> +<tr><td class="tcc lb rb">1897-1898</td> <td class="tcr rb">3,678</td> <td class="tcr rb">3,681</td> <td class="tcr rb">+ 3</td></tr> + +<tr><td class="tccm allb">Total for<br />10 years</td> <td class="tcrm allb">£19,820</td> <td class="tcrm allb">£19,696</td> <td class="tcrm allb">£−124</td></tr> +</table> + +<p>The third column in the above shows the price which has to be +paid (in the form of discrepancies between facts and figures) +for the simplicity secured to statements and records of the national +finance by the present system embodied in the term exchequer. +Probably few will think the price too high in consideration of +the advantages secured.</p> + +<p>The principal official who derives a title from the exchequer +in its living sense is, of course, the chancellor of the exchequer. +He is the person named second in the patent appointing commissions +for executing the office of lord high treasurer of Great +Britain and Ireland; but he is appointed chancellor of the +exchequer for Great Britain and chancellor of the exchequer +for Ireland by two additional patents. Although, in fact, the +finance minister of the United Kingdom, he has no <i>statutory</i> +power over the exchequer apart from his position as second +commissioner of the treasury; but in virtue of his office he is +by statute master of the mint, senior commissioner for the +reduction of the national debt, a trustee of the British Museum, +an ecclesiastical commissioner, a member of the board of agriculture, +a commissioner of public works and buildings, local +government, and education, a commissioner for regulating the +offices of the House of Commons, and has certain functions +connected with the office of the secretary of state for India. +The only other exchequer officer requiring mention is the +<span class="pagenum"><a name="page58" id="page58"></a>58</span> +comptroller and auditor-general, whose functions as +comptroller-general of the exchequer have been already described.</p> + +<p>The ancient name of the national banking account has been +attached to two of the forms of unfunded national debt. Exchequer +bills, which date from the reign of William and Mary +(they took the place of the tallies, previously used for the same +purpose), became extinct in 1897, but exchequer bonds (first +issued by Mr Gladstone in 1853) still possess a practical importance. +An exchequer bond is a promise by government to pay a +specified sum after a specified period, generally three or five years, +and meanwhile to pay interest half-yearly at a specified rate +on that sum. Government possesses no general power to issue +exchequer bonds; such power is only conferred by a special act, +and for specified purposes; but when the power has been +created, exchequer bonds issued in pursuance of it are governed +by general statutory provisions contained in the Exchequer Bills +and Bonds Act 1866, and amending acts. These acts create +machinery for the issue of exchequer bonds and for the payment +of interest thereon, and protect them against forgery.</p> + +<p>Some traces may be mentioned of the ancient uses of the +name exchequer which still remain. The chancellor of the +exchequer still presides at the ceremony of “pricking the list +of sheriffs,” which is a quasi-judicial function; and on that +occasion he wears a robe of black silk with gold embroidery, +which suggests a judicial costume. In England the last judge +who was styled baron of the exchequer (Baron Pollock) died +in 1897. In Scotland the jurisdiction of the barons of the +exchequer was transferred to the court of session in 1856, but the +same act requires the appointment of one of the judges as “lord +ordinary in exchequer causes,” which office still exists. In +Ireland Lord Chief Baron Palles was the last to retain the old +title. A street near Dublin Castle is called Exchequer Street, +recalling the separate Irish exchequer, which ceased in 1817. +The old term also survives in the full title of the treasury representative +in Scotland, which is “The King’s and the Lord +Treasurer’s Remembrancer in Exchequer,” while his office in the +historic Parliament Square is styled “Exchequer Chambers.”</p> +<div class="author">(S. E. S.-R.)</div> + +<div class="condensed"> +<p><span class="sc">Bibliography.</span>—For the early exchequer Thomas Madox’s +<i>History and Antiquities of the Exchequer</i> (London, 1711) remains the +standard authority, and in it the <i>Dialogus de Scaccario</i> of Richard +the Treasurer (1179) was first printed (edited since by A. Hughes, +C.G. Crump and C. Johnson, Oxford, 1902). The publications of +the Pipe Roll Society (London, 1884 et seq.), the Pipe Rolls and +Chancellor’s Roll, printed by the Record Commission (London, 1833 +and 1844), and H. Hall’s edition of the <i>Receipt Roll of the Exchequer +31 Henry II.</i> (London, 1899) should also be consulted. A popular +account is in H. Hall’s <i>Court Life under the Plantagenets</i> (London, +1901), and a careful study in Dr Parow’s thesis, <i>Compotus Vicecomitis</i> +(Berlin, 1906). For the 13th and 14th centuries H. Hall’s +edition of the <i>Red Book of the Exchequer</i> (London, Rolls Series, 1896) +is essential, as also the Public Record Office <i>List of Foreign Accounts</i> +(London, 1900). Later practice may be gathered from the similar +<i>List and Index of Declared Accounts</i> (London, 1893), and from such +books as Sir T. Fanshawe’s <i>Practice of the Exchequer Court</i>, written +about <span class="scs">A.D.</span> 1600 (London, 1658); Christopher Vernon’s <i>The Exchequer +Opened</i> (London, 1661), or Sir Geoffrey Gilbert’s <i>Treatise on the +Court of Exchequer</i> (London, 1758), as well as from the statutes +abolishing various offices in the exchequer. H. Hall’s <i>Antiquities +of the Exchequer</i> (London, 1891) gives many interesting details of +various dates. For the Scottish exchequer <i>The Exchequer Rolls of +Scotland</i> (Edinburgh, 1878 et seq.) should be consulted, while +Gilbert’s book noted above gives some details on that of Ireland. +See also Appendix 13 to the great account of <i>Public Income and +Expenditure from 1688 to 1869</i>, in three volumes, prepared for +parliament by H.W. Chisholm (1869); and for sidelights on the +working of the office from 1825 to 1866 the reminiscences of the +same author (the last chief clerk of the exchequer) in <i>Temple Bar</i> +(January to April 1891).</p> +</div> + + +<hr class="art" /> +<p><span class="bold">EXCISE<a name="ar49" id="ar49"></a></span> (derived through the Dutch, <i>excijs</i> or <i>accijs</i>, possibly +from Late Lat. <i>accensare</i>,—<i>ad</i>, to, and <i>census</i>, tax; the word +owes something to a confusion with <i>excisum</i>, cut out), a term now +well known in public finance, signifying a duty charged on home +goods, either in the process of their manufacture, or before their +sale to the home consumers. This form of taxation implies a +commonwealth somewhat advanced in manufactures, markets +and general riches; and it interferes so directly with the +industry and liberty of the subject that it has seldom been +introduced save in some supreme financial exigency, and has as +seldom been borne, even after long usage, with less than the +ordinary impatience of taxation. Yet excise duties can boast +a respectable antiquity, having a distinct parallel in the <i>vectigal +rerum venalium</i> (or toll levied on all commodities sold by +auction, or in public market) of the Romans. But the Roman +excise was mild compared with that of modern nations, having +never been more than <i>centesima</i>, or 1%, of the value; and it +was much shorter lived than the modern examples, having been +first imposed by Augustus, reduced for a time one-half by +Tiberius, and finally abolished by Caligula, <span class="scs">A.D.</span> 38, so that the +Roman excise cannot have had a duration of much more than +half a century. Its remission must have been deemed a great +boon in the marts of Rome, since it was commemorated by the +issue of small brass coins with the legend <i>Remissis Centesimis</i>, +specimens of which are still to be found in collections.</p> + +<p>The history of this branch of revenue in the United Kingdom +dates from the period of the civil wars, when the republican +government, following the example of Holland, established, +as a means of defraying the heavy expenditure of the time, +various duties of excise, which the royalists when restored to +power found too convenient or too necessary to be abandoned, +notwithstanding their origin and their general unpopularity. +On the contrary, they were destined to be steadily increased +both in number and in amount. It is curious that the +first commodities selected for excise were those on which this +branch of taxation, after great extension, had again in the period +of reform and free trade been in a manner permanently reduced, +viz. malt liquors, and such kindred beverages as cider perry +and spruce beer. The other excise duties remaining are chiefly +in the form of licences, such as to kill game and to use and carry +guns, to sell gold and silver plate, to pursue the business of +appraisers or auctioneers, hawkers or pedlars, pawnbrokers +or patent-medicine vendors, to manufacture tobacco or snuff, +to deal in sweets or in foreign wines, to make vinegar, to roast +malt, or to use a still in chemistry or otherwise. It may be +presumed that the policy of the licence duties was at first not so +much to collect revenue, though in the aggregate they yielded a +large sum, as to guard the main sources of excise, and to place +certain classes of dealers, by registration and an annual payment +to the exchequer, under a direct legal responsibility. The excise +system of the United Kingdom as now pruned and reformed, +however, while still the most prolific of all the sources of revenue, +is simple in process, and is contentedly borne as compared with +what was the case in the 18th, and the beginning of the 19th +century. The wars with Bonaparte strained the government +resources to the uttermost, and excise duties were multiplied +and increased in every practicable form. Bricks, candles, calico +prints, glass, hides and skins, leather, paper, salt, soap, and other +commodities of home manufacture and consumption were placed, +with their respective industries, under excise surveillance and fine. +When the duties could no longer be increased in number, they +were raised in rate. The duty on British spirits, which had +begun at a few pence per gallon in 1660, rose step by step to +11s. 8¼d. per gallon in 1820; and the duty on salt was augmented +to three or fourfold its value.</p> + +<p>The old unpopularity of excise, though now somewhat out of +date, must have had real enough grounds. It breaks out in +English literature, from songs and pasquinades to grave political +essays and legal commentaries. Blackstone, in quoting the +declaration of parliament in 1649 that “excise is the most easy +and indifferent levy that can be laid upon the people,” adds on +his own authority that “from its first original to the present time +its very name has been odious to the people of England” (book i. +cap. 8, tenth edition, 1786); while the definition of “excise” +gravely inserted by Dr Johnson in the <i>Dictionary</i>, at the imminent +risk of subjecting the eminent author to a prosecution for libel—viz. +“a hateful tax levied upon commodities, and adjudged not +by the common judges of property, but wretches hired by those +to whom excise is paid”—can hardly be ever forgotten.</p> + +<p>The duties of excise in the United Kingdom were, until the +passing of the Finance Act 1908, under the control of the +<span class="pagenum"><a name="page59" id="page59"></a>59</span> +commissioners of inland revenue; they are now under the control +of the commissioners of customs; the amount raised, apart from +changes in the rate, shows a fairly constant tendency to increase, +and is usually regarded as one of the best tests of the prosperity +of the working classes.</p> + +<p>The <i>spirit duty</i> is levied according to the quantity of “proof +spirit” contained in the product of distillation, and the charge +is taken at three different points in the process of manufacture, +the trader being liable for the result of the highest of the three +calculations. What is known as “proof spirit” is obtained +by mixing nearly equal weights of pure alcohol and water, the +quantity of pure alcohol being in bulk about 57% of the whole. +Owing to the high rate of duty as compared with the volume +and intrinsic value of the spirits, the whole process of manufacture +is carried on under the close supervision of revenue officials. +All the vessels used are measured by them and are secured with +revenue locks; the premises are under constant survey; and +notice has to be given by the distiller of the materials used and +of the several stages of his operations. Though the charge for +duty is raised at the time when the process of distillation is +completed, the duty is not actually paid until the spirits are +required for consumption. In the meanwhile they may be +retained in an approved “warehouse,” which is also subject to +close supervision.</p> + +<p>The <i>beer duty</i> dates from 1880, in which year it was substituted +for the duty on malt. The specific gravity of the worts depends +chiefly on the amount of sugar which they contain, and is +ascertained by the saccharometer.</p> + +<p>Excise <i>licences</i> may be divided into—(<i>a</i>) licences for the sale +or manufacture of excisable liquors, (<i>b</i>) licences for other trades, +such as tobacco dealers or manufacturers, auctioneers, pawnbrokers, +&c. , (<i>c</i>) licences for male servants, carriages, motors +and armorial bearings, and (<i>d</i>) gun, game and dog licences. +Nearly the whole of the licence duties is paid over to the local +taxation account.</p> + +<p>The <i>railway passenger duty</i>, which was made an excise duty +by the Railway Passenger Duty Act 1847, applies only to Great +Britain. It is levied on all passenger fares exceeding 1d. per mile, +the rate being 2% on urban and 5% on other traffic.</p> + +<p>The other items which go to make up the excise revenue +are the charges on deliveries from bonded warehouses, and the +duties on coffee mixture labels and on chicory.</p> + +<div class="condensed"> +<p>For more detailed information reference should be made to +Highmore’s <i>Excise Laws</i>, and the annual reports of the commissioners +of inland revenue, especially those issued in 1870 and 1885. See +also <span class="sc"><a href="#artlinks">Taxation</a></span>; <span class="sc"><a href="#artlinks">English Finance</a></span>.</p> +</div> + + +<hr class="art" /> +<p><span class="bold">EXCOMMUNICATION<a name="ar50" id="ar50"></a></span> (Lat. <i>ex</i>, out of, away from; <i>communis</i>, +common), the judicial exclusion of offenders from the rights +and privileges of the religious community to which they belong. +The history of the practice of excommunication may be traced +through (1) pagan analogues, (2) Hebrew custom, (3) primitive +Christian practice, (4) medieval and monastic usage, (5) modern +survivals in existing Christian churches.</p> + +<p>1. Among pagan analogues are the Gr. <span class="grk" title="chernibôn eirgesthai">χερνίβων εἴργεσθαι</span> +(Demosth. 505, 14), the exclusion of an offender from purification +with holy water. This exclusion was enforced in the case of +persons whose hands were defiled with bloodshed. Its consequences +are described Aesch. <i>Choëph.</i> 283, <i>Eum.</i> 625 f., Soph. +<i>Oed. Tyr.</i> 236 ff. The Roman <i>exsecratio</i> and diris <i>devotio</i> was a +solemn pronouncement of a religious curse by priests, intended +to call down the divine wrath upon enemies, and to devote them +to destruction by powers human and divine. The Druids claimed +the dread power of excluding offenders from sacrifice (Caes. +<i>B.G.</i> vi. 13). Primitive Semitic customs recognize that when +persons are laid under a ban or taboo (<i>ḥerem</i>) restrictions are +imposed on contact with them, and that the breach of these +involves supernatural dangers. Impious sinners, or enemies +of the community and its god, might be devoted to utter +destruction.</p> + +<p>2. <i>Hebrew Custom.</i>—In a theocracy excommunication is +necessarily both a civil and a religious penalty. The word used +in the New Testament to describe an excommunicated person, +<span class="grk" title="anathema">ἀνάθεμα</span>(1 Cor. xvi. 22, Gal. i. 8-9, Rom. ix. 3), is the +Septuagint rendering of the Hebrew <i>ḥerem</i>. The word means +“set apart” (cf. harem), and does not distinguish originally +between things set apart because devoted to God and things +devoted to destruction. Lev. xxvii. 16-34 defines the law for +dealing with “devoted” things; according to v. 28 “No +devoted thing that a man shall devote unto the Lord, of all that +he hath, whether of man or beast, or of the field of his possession, +shall be sold or redeemed. None devoted shall be ransomed, +he shall surely be put to death.” As in Greece and Rome whole +cities or nations might be devoted to destruction by pronouncement +of a ban (Numbers xxi. 2, 3, Deut. ii. 34, iii. 6, vii. 2). +Occasionally Israelites as well as aliens fall under the curse +(Judg. xxi. 5, 11). A milder form of penalty was the temporary +separation or seclusion (<i>niddah</i>) prescribed for ceremonial uncleanness. +This was the ordinary form of religious discipline. In +the time of Ezra the Jewish “magistrates and judges” among +their ecclesiastico-civil functions have the right of pronouncing +sentence whether it be unto death, or to “rooting out,” or to +confiscation of goods, or to imprisonment (Ezra vii. 26). There +is also a lighter form of excommunication which “devotes” +the goods of an offender, but only separates him from the +congregation. Both major and minor kinds of excommunication +are recognized by the Talmud. The lesser (<i>niddah</i>) involved +exclusion from the synagogue for thirty days, and other penalties, +and might be renewed if the offender remained impenitent. +The major excommunication (<i>ḥerem</i>) excluded from the Temple +as well as the synagogue and from all association with the faithful. +Spinoza was excommunicated (July 16, 1656) for contempt of +the law. Seldon (<i>De jure nat. et gen.</i>, iv. 7) gives the text of the +curse pronounced on the culprit. The <i>Exemplar Humanae Vitae</i> +of Uriel d’Acosta also deserves reference. The practice of the +Jewish courts in New Testament times may be inferred from +certain passages in the Gospels. Luke vi. 22, John ix. 22, xii. 42 +indicate that exclusion from the synagogue was a recognized +penalty, and that it was probably inflicted on those who confessed +Jesus as the Christ. John xvi. 2 (“Whosoever killeth you,” &c. ) +may point to the power of inflicting the major penalty. The +Talmud itself says that the judgment of capital cases was taken +away from Israel forty years before the destruction of the Temple. +“Forty” is probably a round number without historical value, +but the circumstance recorded by this tradition and confirmed +by the evangelist’s account of the trial of Jesus is historical, +and is to be regarded as one of several restrictions imposed on +the Jewish courts in the time of the Roman procurators.</p> + +<p>3. <i>Primitive Christian Practice.</i>—The use of excommunication +as a form of Christian discipline is based on the precept of Christ +and on apostolic practice. The general principles which govern +the exclusion of members from a religious community may be +gathered from the New Testament writings. Matt. xviii. 15-17 +prescribes a threefold admonition, first privately, then in the +presence of witnesses (cf. Titus iii. 10), then before the church. +This is a graded procedure as in the Jewish synagogue and makes +exclusion a last resort. Nothing is said as to the nature and +effects of excommunication. The tone of the passage when +compared with the disciplinary methods of the synagogue indicates +that its purpose was to introduce elements of reason and +moral suasion in place of sterner methods. Its object is rather +the protection of the church than the punishment of the sinner. +The offender is only treated as a heathen and publican when the +purity and safety of the church demand it. In the <i>locus classicus</i> +on this subject (1 Cor. v. 5) Paul refers to a formal meeting of the +Corinthian church at which the incestuous person is “delivered +unto Satan for the destruction of the flesh that the spirit may be +saved in the day of the Lord Jesus.” These are mysterious +words implying (1) a formal ecclesiastical censure, (2) a physical +penalty, (3) the hope of a spiritual result. The form of penalty +which would meet these conditions is not explained. There is a +reference in 2 Cor. ii. 6-11 to a case of discipline which may or +may not be the same. If it be the same it indicates that the excommunication +had not been final; the offender had been +received back. If it be not the same it shows the Corinthian +<span class="pagenum"><a name="page60" id="page60"></a>60</span> +church exercising discipline independently of apostolic advice. +Up to this point there is no established formal practice. 1 Tim. +i. 20 (“Hymenaeus and Alexander whom I delivered unto Satan +that they might be taught not to blaspheme”) seems to refer +to an excommunication, but it does not appear whether the +apostle had acted as representing a church, nor is there anything +to explain the exact consequences or limits of the deliverance +to Satan. 1 Cor. xvi. 22, Gal. i. 8, 9, Rom. ix. 3 refer to the +practice of regarding a person as anathema. Taking these +passages as a whole they seem to point to an exclusion from +church fellowship rather than to a final cutting off from the hope +of salvation. In the pastoral letters there is already a formal +and recognized method of procedure in cases of church discipline. +1 Tim. v. 19, 20 requires two or three witnesses in the case of +an accusation against an elder, and a public reproof. Tit. iii. 20 +recognizes a factious spirit as a reason for excommunication +after two admonitions (cf. Tim. vi. and 2 John v. 10). In 3 John +v. 9-10 Diotrephes appears to have secured an excommunication +by the action of a party in the church. It is clear from these +illustrations that within the New Testament there is development +from spontaneous towards strictly regulated methods; also +that the use of excommunication is chiefly for disciplinary and +protective rather than punitive purposes. A process which is +intended to produce penitence and ultimate restoration cannot +at the same time contemplate handing the offender over to +eternal punishment.</p> + +<p>4. <i>Medieval and Monastic Usage.</i>—The writings of the church +Fathers give sufficient evidence that two degrees of excommunication, +the <span class="grk" title="aphorismos">ἀφορισμός</span> and the <span class="grk" title="aphorismos pantelês">ἀφορισμὸς παντελής</span>, as they +were generally called, were in use during, or at least soon after, +the apostolic age. The former, which involved exclusion from +participation in the eucharistic service and from the eucharist +itself, though not from the so-called “service of the catechumens,” +was the usual punishment of comparatively light offences; +the latter, which was the penalty for graver scandals, involved +“exclusion from all church privileges,”—a vague expression +which has sometimes been interpreted as meaning total exclusion +from the very precincts of the church building (<i>inter hiemantes +orare</i>) and from the favour of God (Bingham, <i>Antiquities of +Christian Church</i>, xvi. 2. 16). For some sins, such as adultery, +the sentence of excommunication was in the 2nd century regarded +as <span class="grk" title="pantelês">παντελής</span> in the sense of being irrevocable. Difference of +opinion as to the absolutely “irremissible” character of mortal +sins led to the important controversy associated with the names +of Zephyrinus, Tertullian, Calistus, Hippolytus, Cyprian and +Novatian, in which the stricter and more montanistic party held +that for those who had been guilty of such sins as theft, fraud, +denial of the faith, there should be no restoration to church +fellowship even in the hour of death. On this point the +provincial synods of Illiberis (Elvira) in 305 and of Ancyra in +315 subsequently came to conflicting decisions, the council of +Elvira forbidding the reception of offenders into communion +during life, and the council of Ancyra fixing a limit to the penalty +in the same cases. But the excommunication was on all hands +regarded as being “medicinal” in its character. It is noteworthy +that the word <span class="grk" title="anathema">ἀνάθεμα</span> had fallen into disuse about the +beginning of the 4th century, and that, throughout the same +period, no instance of the judicial use of the phrase <span class="grk" title="paradounai tô Satana">παραδοῦναι τῷ Σατανᾷ</span> +can be found.</p> + +<p>A new chapter in the history of the church censure may be +said to have begun with the publication of those imperial edicts +against heresy, the first of which, <i>De summa trinitate et fide +catholica</i>, dates from 380. Till then exclusion from church +privileges had been a spiritual discipline merely; thenceforward +it was to expose a man to serious temporal risks. Excommunication +still continued to be occasionally used in the spirit of genuine +Christian fidelity, as by Ambrose in the case of Theodosius +himself (390); but the temptation to wield it as an instrument +of secular tyranny too often proved to be irresistible. The church +fell back on carnal weapons in her warfare and invoked the +secular powers to uphold the ecclesiastical. In the formula used +by Synesius (410) which is to be found in Bingham’s <i>Antiquities</i>, +we already find the attention of magistrates specially called to +the censured person. The history of the next thousand years +shows that the magistrates were seldom slow to respond to the +appeal. Even the hastiest survey of that long and interesting +period enables the student to notice a marked development in +the theory and practice of excommunication. One or two points +may be specially noted. (1) When the Empire became nominally +Christian and the quality of the church life was sacrificed to the +quantity of its adherents, the original character of excommunication +was lost. The power of excommunication was transferred +from the community to the bishop, and was liable to abuse from +personal motives: Gregory the Great rebukes a bishop for using +for private ends power conferred for the public good (<i>Epist.</i> ii. +34). Excommunication became a common penalty applied in +numberless cases (see the <i>Penitential</i> of Archbishop Theodosius: +Haddan and Stubbs, <i>Councils and Documents</i>, iii. 1737), and was +invested with superstitious terrors. (2) While it had been held +as an undoubted principle by the ancient church that this +sentence could only be passed on living individuals whose fault +had been distinctly stated and fully proved, we find the medieval +church on the one hand sanctioning the practice of excommunication +of the dead (Morinus, <i>De poenit.</i> x. c. 9), and, on the other +hand, by means of the papal interdict, excluding whole countries +and kingdoms at once from the means of grace. The earliest +well-authenticated instance of such an interdict is that which +was passed (998) by Pope Gregory V. on France, in consequence +of the contumacy of King Robert the Wise. Other instances are +those laid respectively on Germany in 1102 by Gregory VII. +(Hildebrand), on England in 1208 by Innocent III., on Rome +itself in 1155 by Adrian IV. (3) While in the ancient church the +language used in excommunicating had been carefully measured, +we find an amazing recklessness in the phraseology employed +by the medieval clergy. The curse of Ernulphus or Arnulphus +of Rochester (<i>c.</i> 1100), often quoted by students of English +literature, is a very fair specimen of that class of composition. +With it may be compared the formula transcribed by Dr Burton +in his <i>History of Scotland</i> (iii. 317 ff.). To the spoken word was +added the language of symbol. By means of lighted candles +violently dashed to the ground and extinguished the faithful +were graphically taught the meaning of the greater excommunication—though +in a somewhat misleading way, for it is a +fundamental principle of the canon law that <i>disciplina est +excommunicatio, non eradicatio</i>. The first instance, however, of +excommunication by “bell, book and candle” is comparatively +late (<i>c.</i> 1190).</p> + +<p>5. <i>Modem Survivals in Existing Christian Churches.</i>—At the +Reformation the necessity for church discipline did not cease to +be recognized; but the administration of it in many Reformed +churches has passed through a period of some confusion. In +some instances the old episcopal power passed more or less into +the hands of the civil magistrate (a state of matters which was +highly approved by Erastus and his followers), in other cases it +was conceded to the presbyterial courts. In the Anglican Church +the bishops (subject to appeal to the sovereign) have the right +of excommunicating, and their sentence, if sustained, may in +certain cases carry with it civil consequences. But this right +is in practice never exercised. In the law of England sentence +of excommunication, upon being properly certified by the +bishop, was followed by the writ <i>de excommunicato capiendo</i> +for the arrest of the offender. The statute 5 Eliz. c. 23 provided +for the better execution of this writ. By the 53 Geo. III. +c. 127 (which does not, however, extend to Ireland) it was enacted +that “excommunication, together with all proceedings following +thereupon, shall in all cases, save those hereafter to be specified, +be discontinued.” Disobedience to or contempt of the ecclesiastical +courts is to be punished by a new writ, <i>de contumace +capiendo</i>, to follow on the certificate of the judge that the +defender is contumacious and in contempt. Sect. 2 provides +that nothing shall prevent “any ecclesiastical court from +pronouncing or declaring persons to be excommunicate on +definite sentences pronounced as spiritual censures for offences +of ecclesiastical cognizance.” No persons so excommunicated +<span class="pagenum"><a name="page61" id="page61"></a>61</span> +shall incur any civil penalty or incapacity whatever, save such +sentence of imprisonment, not exceeding six months, as the +court shall direct and certify to the king in chancery.</p> + +<p>In the churches which consciously shaped their polity at or +after the Reformation the principle of excommunication is +preserved in the practice of church discipline. Calvin devotes a +chapter in the <i>Institutes</i> (bk. iv. chap. xii.) to the “Discipline of +the Church; its Principal Use in Censure and Excommunication.” +The three ends proposed by the church in such discipline are +there stated to be, (1) that those who lead scandalous lives may +not to the dishonour of God be numbered among Christians, +seeing that the church is the body of Christ; (2) that the good +may not be corrupted by constant association with the wicked; +(3) that those who are censured or excommunicated, confounded +with shame, may be led to repentance. He differentiates +decisively between excommunication and anathema. “When +Christ promises that what his ministers bind on earth shall be +bound in heaven, he limits the power of binding to the censure of +the church; by which those who are excommunicated are not +cast into eternal ruin and condemnation, but by having their +life and conduct condemned are also certified of their final +condemnation unless they repent. For excommunication differs +from anathema: anathema which ought to be very rarely, or +never, resorted to, in precluding all pardon, execrates a person, +and devotes him to eternal perdition: whereas excommunication +rather censures and punishes his conduct. Yet in such a manner +by warning him of his future condemnation it recalls him to +salvation” (<i>Inst.</i> bk. iv. chap. xii. 10). The Reformed churches +in England and America accepted the distinction between public +and private offences. The usual provision is that private +offences are to be dealt with according to the rule in Matt. v. +23-24, xviii. 15-17; public offences are to be dealt with according +to the rule in 1 Cor. v. 3-5, 13. The public expulsion or suspension +of the offender is necessary for the good repute of the church, +and its influence over the faithful members. The expelled +member may be readmitted on showing the fruits of repentance.</p> + +<p>In Scotland three degrees of church censure are recognized—admonition, +suspension from sealing ordinances (which may be +called temporary excommunication), and excommunication +properly so-called. Intimation of the last-named censure may +occasionally (but very rarely) be given by authority of a presbytery +in a public and solemn manner, according to the following +formula:—“Whereas thou N. hast been by sufficient proof +convicted (here mention the sin) and after due admonition and +prayer remainest obstinate without any evidence or sign of true +repentance: Therefore in the name of the Lord Jesus Christ, +and before this congregation, I pronounce and declare thee N. +excommunicated, shut out from the communion of the faithful, +debar thee from privileges, and deliver thee unto Satan for the +destruction of thy flesh, that thy spirit may be saved in the day +of the Lord Jesus.” This is called the greater excommunication. +The congregation are thereafter warned to shun all unnecessary +converse with the excommunicate (see <i>Form of Process</i>, c. 8). +Formerly excommunicated persons were deprived of feudal +rights in Scotland; but in 1690 all acts enjoining civil pains +upon sentences of excommunication were finally repealed +(Burton’s <i>History</i>, vii. 435).</p> + +<p>The question whether the power of excommunication rests +in the church or in the clergy has been an important one in the +history of English and American churches. Hooker lays down +(<i>Survey</i>, pt. 3, pp. 33-46) four necessary conditions for the +execution of a sentence involving church discipline. “(1) The +cause exactly recorded is fully and nakedly to be presented to the +consideration of the congregation. (2) The elders are to go +before the congregation in laying open the rule so far as reacheth +any particular now to be considered, and to express their judgment +and determination thereof, so far as appertains to themselves. +(3) Unless the people be able to convince them of errors +and mistakes in their sentence, they are bound to joyn their +judgment with theirs to the compleating of the sentence. (4) The +sentence thus compleatly issued is to be solemnly passed and +pronounced upon the delinquent by the ruling Elder whether +it be of censure or excommunication.” In this passage it is clear +that the effective power of discipline is regarded as being wholly +in the power of the individual church or congregation. Hooker +expressly denies the power of synods to excommunicate: “that +there should be Synods, which have <i>potestatem juridicam</i> is +nowhere proved in Scripture because it is not a truth” (<i>Survey</i>, +pt. 4, pp. 48, 49).</p> + +<p>The confession of faith issued by the London-Amsterdam +church (the original of the Pilgrim Fathers’ churches) in 1596 +declares that the Christian congregation having power to elect +its minister has also power to excommunicate him if the case +so require (Walker, <i>Creeds and Platforms of Congregationalism</i>, +p. 66). In 1603 the document known as “Points of Difference” +(<i>i.e.</i> from the established Anglicanism) submitted to James I. +sets forth: “That all particular Churches ought to be so constituted +as, having their owne peculiar Officers, the whole body +of every Church may meet together in one place, and jointly +performe their duties to God and one towards another. And that +the censures of admonition and excommunication be in due +manner executed, for sinne, convicted, and obstinately stood +in. This power also to be in the body of the Church whereof +the partyes so offending and persisting are members.” The +<i>Cambridge Platform</i> of 1648 by which the New England churches +defined their practice, devotes ch. xiv. to “excommunication and +other censures.” It follows in the main the line of Hooker and +Calvin, but adds (§ 6) an important definition: “Excommunication +being a spirituall punishment it doth not prejudice the excommunicate +in, nor deprive him of his <i>civil</i> rights, therfore +toucheth not princes, or other magistrates, in point of their civil +dignity or authority. And, the excommunicate being but as a +publican and a heathen, heathen being lawfully permitted to +come to hear the word in church assemblyes; wee acknowledg +therfore the like liberty of hearing the word, may be permitted +to persons excommunicate, that is permitted unto heathen. +And because wee are not without hope of his recovery, wee are not +to account him as an enemy but to admonish him as a brother.” +The Savoy Declaration of 1658 defines the theory and practice +of the older English Nonconformist churches in the section on +the “Institution of Churches and the Order appointed in them +by Jesus Christ” (xix.). The important article is as follows:—“The +Censures so appointed by Christ, are Admonition and +Excommunication; and whereas some offences are or may be +known onely to some, it is appointed by Christ, that those to +whom they are so known, do first admonish the offender in +private: in publique offences where any sin, before all; or in +case of non-amendment upon private admonition, the offence +being related to the Church, and the offender not manifesting +his repentance, he is to be duely admonished in the Name of +Christ by the whole Church, by the Ministery of the Elders of the +Church, and if this Censure prevail not for his repentance, then +he is to be cast out by Excommunication with the consent of +the Church.”</p> + +<p>In contemporary English Free Churches the purity of the +church is commonly secured by the removal of persons unsuitable +for membership from the church books by a vote of the responsible +authority.</p> +<div class="author">(D. Mn.)</div> + + +<hr class="art" /> +<p><span class="bold">EXCRETION<a name="ar51" id="ar51"></a></span> (Lat. <i>ex</i>, out of, <i>cernere</i>, <i>cretum</i>, to separate), +in plant and animal physiology, the separation from an organ of +some substance, also the substance separated. The term usually +refers to the separation of waste or harmful products, as distinguished +from “secretion,” which refers to products that +play a useful or necessary part in the functions of the organism.</p> + + +<hr class="art" /> +<p><span class="bold">EXECUTION<a name="ar52" id="ar52"></a></span> (from Lat. <i>ex-sequor</i>, <i>exsecutus</i>, follow or carry +out), the carrying into effect of anything, whether a rite, a piece +of music, an office, &c. ; and so sometimes involving a notion of +skill in the performance. Technically, the word is used in law +in the <i>execution</i> of a deed (its formal signing and sealing), an +<i>execution</i> (see below) by the sheriff’s officers under a “writ of +execution” (the enforcement of a judgment on a debtor’s goods); +and <i>execution of death</i> has been shortened to the one word to +denote <span class="sc">Capital Punishment</span> (<i>q.v.</i>).</p> + +<p><i>Civil Execution</i> may be defined as the process by which the +<span class="pagenum"><a name="page62" id="page62"></a>62</span> +judgments or orders of courts of law are made effectual. In +Roman law the earliest mode of execution was the seizure, +legalized by the <i>actio per manus injectionem</i>, of the debtor as a +slave of the creditor. During the later Republic, imprisonment +took the place of slavery. Under the régime of the <i>actio per +manus injectionem</i>, the debtor might dispute the debt—the issue +being raised by his finding a substitute (<i>vindex</i>) to conduct the +case for him. By the time of Gaius (iv. 25) the <i>actio per manus +injectionem</i> had been superseded by the <i>actio judicati</i>, the object +of which was to enable the creditor to take payment of the debt +or compel the debtor to find security (<i>pignus in causa judicati +captum: Cautio judicatum solvi</i>), and in <span class="scs">A.D.</span> 320 Constantine +abolished imprisonment for debt, unless the debtor were contumacious. +The time allowed for payment of a judgment debt +was by the XII. Tables 30 days; it was afterwards extended +to two months, and ultimately, by Justinian, to four months. +The next stage in the Roman law of execution was the recognition +of bankruptcy either against the will of the bankrupt (<i>missio +in bona</i>) or on the application of the bankrupt (<i>cessio bonorum</i>; +and see <span class="sc"><a href="#artlinks">Bankruptcy</a></span>). Lastly, in the time of Antoninus Pius, +judgment debts were directly enforced by the seizure and sale +of the debtor’s property. Slaves, oxen and implements of +husbandry were privileged; and movable property was to be +exhausted before recourse was had to land (see Hunter, <i>Roman +Law</i>, 4th ed. pp. 1029 et seq., Sohm, <i>Inst. Rom. Law</i>, 2nd ed. +pp. 302-305).</p> + +<div class="condensed"> +<p><span class="sc">Great Britain.</span>—The English law of execution is very complicated, +and only a statement of the principal processes can here be +attempted.</p> + +<p><i>High Court.—Fieri Facias.</i> A judgment for the recovery of money +or costs is enforced, as a rule, by writ of <i>fieri facias</i> addressed to the +sheriff, and directing him to cause to be made (<i>fieri facias</i>) of the +goods and chattels of the debtor a levy of a sum sufficient to satisfy +the judgment and costs, which carry interest at 4% per annum. +The seizure effected by the sheriff or his officer, under this writ, +of the property of the debtor, is what is popularly known as “the +putting-in” of an execution. The seizure should be carried out +with all possible despatch. The sheriff or his officer must not break +open the debtor’s house in effecting a seizure, for “a man’s house +is his castle” (<i>Semayne’s Case</i> [1604], 5 Coke Rep. 91); but this +principle applies only to a dwelling-house, and a barn or outhouse +unconnected with the dwelling-house may be broken into. The +sheriff on receipt of the writ endorses on it the day, hour, month +and year when he received it; and the writ binds the debtor’s goods +as at the date of its delivery, except as regards goods sold before +seizure in market overt, or purchased for value, without notice +before actual seizure (Sale of Goods Act 1893, s. 26, which supersedes +s. 16 of the Statute of Frauds and s. 1 of the Mercantile Law Amendment +Act 1856). This rule is limited to goods, and does not apply +to the money or bank notes of the debtor which are not bound by +the writ till seized under it (<i>Johnson</i> v. <i>Pickering</i>, Oct. 14, 1907, C.A.). +The mere seizure of the goods, however, although, subject to such +exceptions as those just stated, it binds the interest of the debtor, +and gives the sheriff such an interest in the goods as will enable +him to sue for the recovery of their possession, does not pass the +property in the goods to the sheriff. The goods are in the custody +of the law. But the property remains in the debtor who may get +rid of the execution on payment of the claim and fees of the sheriff +[as to which see Sheriffs Act 1887, s. 20, and order of 21st of August +1888, <i>Annual Practice</i> (1908), vol. ii. p. 278]. The wearing apparel, +bedding, tools, &c. , of the debtor to the value of £5 are protected. +Competing claims as to the ownership of the goods seized are brought +before the courts by the procedure of “interpleader.” After +seizure, the sheriff must retain possession, and, in default of payment +by the execution debtor, proceed to sell. Where the judgment debt, +including legal expenses, exceeds £20, the sale must be by public +auction, unless the Court otherwise orders, and must be publicly +advertised. The proceeds of sale, after deduction of the sheriff’s +fees and expenses, become the property of the execution creditor +to the extent of his claim. The Bankruptcy Act 1890 (53 & 54 +Vict. c. 71, s. 11 [2]) requires the sheriff in case of sale under a +judgment for a sum exceeding £20 to hold the proceeds for 14 +days in case notice of bankruptcy proceedings should be served upon +him (see <span class="sc"><a href="#artlinks">Bankruptcy</a></span>). The form of the writ of <i>fieri facias</i> requires +the sheriff to make a return to the writ. In practice this is seldom +done unless the execution has been ineffective or there has been +delay in the execution of the writ; but the judgment creditor may +obtain an order calling on the sheriff to make a return. A sheriff +or his officer, who is guilty of extortion in the execution of the writ, +is liable to committal for contempt, and to forfeit £200 and pay all +damages suffered by the person aggrieved (Sheriffs Act 1887 [50 +& 51 Vict. c. 55], s. 29 [2]), besides being civilly liable to such +person. Imprisonment for debt in execution of civil judgments is +now abolished except in cases of default in the nature of contempt, +unsatisfied judgments for penalties, defaults by persons in a fiduciary +character, and defaults by judgment debtors (Debtors Act 1869 [32 +& 33 Vict. c. 62]; Bankruptcy Act 1883 [46 & 47 Vict. c. 52], +ss. 53, 103). Imprisonment for debt has been abolished within +similar limits in Scotland (Debtors [Scotland] Act 1880 [43 & 44 +Vict. c. 34] and Ireland, Debtors [Ireland] Act 1872, 35 & 36 +Vict. c. 57). There may still be imprisonment in England, under +the writ—rarely used in practice—<i>ne exeat regno</i>, which issues to +prevent a debtor from leaving the <span class="correction" title="amended from kindgom">kingdom</span>.</p> + +<p><i>Writ of Elegit.</i>—The writ of <i>elegit</i> is a process enabling the creditor +to satisfy his judgment debt out of the lands of the debtor. It +derives its name from the election of the creditor in favour of this +mode of recovery. It is founded on the Statute of Westminster +(1285, 13 Ed. I. c. 18), under which the sheriff was required to deliver +to the creditor all the chattels (except oxen and beasts of the plough) +and <i>half</i> the lands of the debtor until the debt was satisfied. By the +Judgments Act 1838 the remedy was extended to <i>all</i> the debtor’s +lands, and by the Bankruptcy Act 1883 the writ no longer extends +to the debtor’s goods. The writ is enforceable against legal interests +whether in possession or remainder (<i>Hood-Barrs</i> v. <i>Cathcart</i>, 1895, +2 Ch. 411), but not against equitable interests in land (<i>Earl of Jersey</i> +v. <i>Uxbridge Rural Sanitary Authority</i>, 1891, 3 Ch. 183). When the +debtor’s interest is equitable, recourse is had to equitable execution +by the appointment of a receiver or to bankruptcy proceedings.</p> + +<p>The writ is directed to the sheriff, who, after marking on it the +date of its receipt, at once in pursuance of its directions holds an +inquiry with a jury as to the nature and value of the interest of the +debtor in the lands extended under the writ, and delivers to the +creditor at a reasonable price and extent in accordance with the +writ, the lands of which the debtor was possessed in the bailiwick. +When the sheriff has returned and filed a record (in the central +office of the High Court) of the writ and the execution thereof, the +execution creditor becomes “tenant to the elegit.” Where the +land is freehold the creditor acquires only a chattel interest in it; +where the land is leasehold he acquires the whole of the debtor’s +interest (<i>Johns</i> v. <i>Pink</i>, 1900, 1 Ch. 296). The creditor is entitled +to hold the land till his debt is satisfied, or enough to satisfy it is +tendered to him, and under the Judgments Act 1864 the creditor +may obtain an order for sale. Until the land is delivered on execution +and the writs which have effected the delivery are registered +in the Land Registry, the judgment does not create any charge on +the land so as to fetter the debtor’s power of dealing with it. Land +Charges Registration Acts 1888 and 1900. (See R.S.C., O. xliii.)</p> + +<p><i>Writs of Possession and Delivery.</i>—Judgments for the recovery or +for the delivery of the possession of land are enforceable by writ of +possession. The recovery of specific chattels is obtained by writ +of delivery (R.S.C., O. xlvii., xlviii.).</p> + +<p><i>Writ of Sequestration.</i>—Where a judgment directing the payment +of money into court, or the performance by the defendant of any +act within a limited time, has not been complied with, or where a +corporation has wilfully disobeyed a judgment, a writ of sequestration +is issued, to not less than four sequestrators, ordering them to +enter upon the real estate of the party in default, and “sequester” +the rents and profits until the judgment has been obeyed (R.S.C., +O. xliii. r. 6).</p> + +<p><i>Equitable Execution.</i>—Where a judgment creditor is otherwise +unable to reach the property of his debtor he may obtain equitable +execution, usually by the appointment of a receiver, who collects +the rents and profits of the debtor’s land for the benefit of the +creditor (R.S.C., O. l. rr. 15<span class="sc">a</span>-22). But receivers may be appointed +of interests in personal property belonging to the debtor by virtue +of the Judicature Act 1873, s. 25 (8).</p> + +<p><i>Attachment.</i>—A judgment creditor may “attach” debts due by +third parties to his debtor by what are known as garnishee proceedings. +Stock and shares belonging to a judgment debtor may be +charged by a charging order, so as, in the first instance, to prevent +transfer of the stock or payment of the dividends, and ultimately to +enable the judgment creditor to realise his charge. A writ of +attachment of the person of a defaulting debtor or party may be +obtained in a variety of cases akin to contempt (<i>e.g.</i> against a person +failing to comply with an order to answer interrogatories, or against +a solicitor not entering an appearance in an action, in breach of his +written undertaking to do so), and in the cases where imprisonment +for debt is still preserved by the Debtors Act 1869 (R.S.C., O. xliv.). +<span class="sc">Contempt of Court</span> (<i>q.v.</i>) in its ordinary forms is also punishable +by summary committal.</p> + +<p><i>County Courts.</i>—In the county courts the chief modes of execution +are “warrant of execution in the nature of a writ of <i>fieri facias</i>”; +garnishee proceedings; equitable execution; warrants of possession +and delivery, corresponding to the writs of possession and delivery +above mentioned; committal, where a judgment debtor has, or, +since the date of the judgment has had, means to pay his debt; +and attachment of the person for contempt of court. If the judgment +debtor assaults the bailiff or his officer or rescues the goods, +he is liable to a fine not exceeding £5.</p> + +<p><span class="sc">Scotland.</span>—The principal modes of execution or “diligence” in +Scots law are (i.) Arrestment and furthcoming, which corresponds +to the English garnishee proceedings; (ii.) arrestment <i>jurisdictionis +fundandae causa</i>, <i>i.e.</i> the seizure of movables within the jurisdiction +<span class="pagenum"><a name="page63" id="page63"></a>63</span> +to found jurisdiction against their owner, being a foreigner; this +precedure, which is not, however, strictly a “diligence,” as it does +not bind the goods, is analogous to the French <i>saisie-arrêt</i>, and +to the obsolete practice in the mayor’s court of London known as +“foreign attachment” (see Glyn and Jackson, <i>Mayor’s Court +Practice</i>, 2nd ed., vii. 260); (iii.) arrestment under <i>meditatione fugae</i> +warrant, corresponding to the old English writ of <i>ne exeat regno</i>, +and applicable in the case of a debtor who intends to leave Scotland +to evade an action; (iv.) arrestment on dependence, <i>i.e.</i> of funds in +security; (v.) poinding, <i>i.e.</i> valuation and sale of the debtor’s +goods; (vi.) sequestration, <i>e.g.</i> of tenant’s effects under a landlord’s +hypothec for rent; (vii.) action of adjudication, by which a debtor’s +“heritable” (<i>i.e.</i> real) estate is transferred to his judgment creditor +in satisfaction of his debt or security therefor. In Scots law +“multiplepoinding” is the equivalent of “interpleader.”</p> + +<p><span class="sc">Ireland.</span>—The law of execution in Ireland (see R.S.C., 1905, +Orders xli.-xlviii.) is practically the same as in England.</p> + +<p><span class="sc">British Possessions.</span>—The Judicature Acts of most of the +Colonies have also adopted English Law. Parts of the French <i>Code +de procédure civile</i> are still in force in Mauritius. But its provisions +have been modified by local enactment (No. 19 of 1868) as regards +realty, and the rules of the Supreme Court 1903 have introduced the +English forms of writs. Quebec and St Lucia, where French law +formerly prevailed, have now their own codes of Civil Procedure. +The law of execution under the Quebec Code resembles the French, +that under the St Lucia Code the English system. In British +Guiana and Ceylon, in which Roman Dutch law in one form or +another prevailed, the English law of execution has now in substance +been adopted (British Guiana Rules of Court, 1900, Order xxxvi.)., +Ceylon (Code of Civil Procedure, No. 2 of 1889); the modes of execution +in the South African Colonies are also the subject of local +enactment, largely influenced by English law (cf. the Sheriffs’ +Ordinance, 1902, No. 9 of 1902), (Orange River Colony) and (Proclamation +17 of 1902), Transvaal (Nathan, <i>Common Law of South +Africa</i>, vol. iv. p. 2206); and generally, Van Zyl, <i>Judicial Practice +of South Africa</i>, pp. 198 et seq.</p> + +<p><span class="sc">United States.</span>—Execution in the United States is founded +upon English law, which it closely resembles. Substantially the +same forms of execution are in force. The provisions of the Statute +of Frauds making the lien of execution attach only on delivery to +the sheriff were generally adopted in America, and are still law in +many of the states. The law as to the rights and duties of sheriffs +is substantially the same as in England. The “homestead laws” +(<i>q.v.</i>) which are in force in nearly all the American States exempt +a certain amount or value of real estate occupied by a debtor as +his homestead from a forced sale for the payment of his debts. +This homestead legislation has been copied in some British colonies, +<i>e.g.</i> Western Australia (No. 37 of 1898, Pt. viii.), Quebec (Rev. Stats., +ss. 1743-1748), Manitoba (Rev. Stats., 1902, c. 58, s. 29, c. 21, s. 9), +Ontario (Rev. Stats., 1897, c. 29), British Columbia (Rev. Stats., +1897, c. 93), New South Wales (Crown Lands Act 1895, Pt. iii.), +New Zealand (Family Homes Protection Act 1895, No. 20 of 1895).</p> + +<p><span class="sc">France.</span>—Provisional execution (<i>saisie-arrêt</i>) with a view to +obtain security has been already mentioned. Execution against +personalty (<i>saisie-exécution</i>) is preceded by a <i>commandement</i> or +summons, personally served upon, or left at the domicile of the debtor +calling on him to pay. The necessary bedding of debtors and of +their children residing with them, and the clothes worn by them, +cannot be seized in execution under any circumstances. Objects +declared by law to be immovable by destination (<i>immeubles par +destination</i>), such as beasts of burden and agricultural implements, +books relating to the debtor’s profession, to the value of 300 francs, +workmen’s tools, military equipments, provisions and certain cattle +cannot be seized, even for a debt due to Government, unless in respect +of provisions furnished to the debtor, or amounts due to the manufacturers +or vendors of protected articles or to parties who advanced +moneys to purchase, manufacture or repair them. Growing fruits +cannot be seized except during the six weeks preceding the ordinary +period when they become ripe. Execution against immovable +property (<i>la saisie immobilière</i>) is preceded also by a summons to +pay, and execution cannot issue until the expiry of 30 days after +service of such summons (see further Code Proc. Civ., Arts. 673-689). +Imprisonment for debt was abolished in all civil and commercial +matters by the law of 22nd of July 1867, which extends to foreigners. +It still subsists in favour of the State for non-payment of fines, &c. +The French system is in substance in force in Belgium (Code Civ. +Proc., Arts. 51 et seq.), the Netherlands (Code Civ. Proc., Arts. 430 et +seq.), Italy (Code Civ. Proc., Arts. 553 et seq., 659 et seq.), and Spain.</p> + +<p><span class="sc">Germany.</span>—Under the German Code of Civil <span class="correction" title="amended from Prodecure">Procedure</span> (Arts. +796 et seq.), both the goods and (if the goods do not offer adequate +security) the person of the debtor may be seized (the process is called +<i>arrest</i>) as a guarantee of payment. The debtor’s goods cannot be +sold except in pursuance of a judgment notified to the debtor either +before or within a prescribed period after the execution (Art. 809 +[3], and law of 30th of April 1886). Imprisonment for debt in civil +and commercial matters has been abolished or limited on the lines +of the French law of 1867 in many countries (<i>e.g.</i> Italy, law of the +6th of December 1877; Belgium, law of the 27th of July 1871; +Greece, law of the 9th of March 1900; Russia, decree of the 7th of +March 1879).</p> + +<p><span class="sc">Authorities.</span>—Anderson, <i>Execution</i> (London, 1889); <i>Annual +Practice</i> (London, 1908); Johnston Edwards, <i>Execution</i> (London, +1888); Mather, <i>Sheriff Law</i> (London, 1903). As to Scots law, +Mackay, <i>Manual of Practice</i> (Edinburgh, 1893). As to American +law, Bingham, <i>Judgments and Executions</i> (Philadelphia, 1836); +A.C. Freeman, <i>Law of Execution</i>, Civil Cases (3rd ed., San Francisco, +1900); H.M. Herman, <i>Law of Executions</i> (New York, 1875); American +Notes to <i>tit.</i> “Execution,” in <i>Ruling Cases</i> (London and Boston, +1897); Bouvier, <i>Law Dict.</i>, ed. Rawle (1897), <i>s.v.</i> “Execution.”</p> +</div> + + +<hr class="art" /> +<p><span class="bold">EXECUTORS AND ADMINISTRATORS,<a name="ar53" id="ar53"></a></span> in English law, those +persons upon whom the property of a deceased person both real +and personal devolves according as he has or has not left a will. +Executors differ from administrators both in the mode of their +creation and in the date at which their estate vests. An executor +can only be appointed by the will of his testator; such appointment +may be express or implied, and in the latter case he is said +to be an executor “according to the tenor.” The estate of an +executor vests in him from the date of the testator’s death. An +administrator on the other hand is appointed by the probate +division of the High Court, and his estate does not vest till such +appointment, the title to the property being vested till then in +the judge of the probate division. As to whom the court will +appoint administrators and the various kinds of administrators +see under <span class="sc"><a href="#artlinks">Administration</a></span>. Apart from these two points the +rights and liabilities of executors and administrators are the +same, and they may be indifferently referred to as the representative +of the deceased. As to their appointment before the +establishment of the court of probate see articles <span class="sc"><a href="#artlinks">Will</a></span> and +<span class="sc"><a href="#artlinks">Intestacy</a></span>. Before the Land Transfer Act 1897, the real estate +of the deceased did not devolve upon the representative but +vested directly in the devisee or heir-at-law, but by that act +it was provided that the personal representative should be also +the real representative, and therefore it may now be said broadly +that the representative takes the whole estate of the deceased. +There are, however, a few minor exceptions to this rule, of which +the most important are lands held in joint tenancy and copyhold +lands. As the representative stands in the shoes of the deceased +he is entitled to sue upon any contract or for any debt which the +deceased might have sued in his lifetime.</p> + +<div class="condensed"> +<p>The duties of a representative are as follows: 1. To bury the +deceased in a manner suitable to the estate he leaves behind him; +and the expenses of such funeral take precedence of any duty or +debt whatever; but extravagant expenses will not be allowed. +No rule can be laid down as to what is a reasonable allowance for +this purpose, as it is impossible to know at the time of the funeral +what the estate of the deceased may amount to. The broad rule +is that the representative must allow such sum as seems reasonable, +having regard to all the circumstances of the case and the conditions +in life of the deceased, remembering that if he should exceed this he +will be personally liable for such excess in the event of the estate +proving insolvent.</p> + +<p>2. He must obtain probate or letters of administration to the +deceased within six months of the death, or, if such grant be disputed, +within two months of the determination of such suit. The +penalty for not doing so is fixed by the Stamp Act 1815, § 37, at +£100, and an additional stamp duty at the rate of 10%. As to +the formalities of <span class="sc"><a href="#artlinks">Probate</a></span> see that article.</p> + +<p>3. Strictly speaking, he must compile an inventory of all the +estate of the deceased, whether in possession or outstanding, and he +is to deliver it to the court on oath. He is to collect all the goods so +inventoried and to commence actions to get in all those outstanding, +and he is responsible to creditors for the whole of such estate, +whether in possession or in action. This duty is thrown upon the +representative by an act of 1529, but it is not the modern practice +to exhibit such inventory unless he be cited for it in the spiritual +court at the instance of a party interested. It is, however, necessary +to file an affidavit setting out the value of the estate of the deceased +upon applying for a grant of probate or letters of administration.</p> + +<p>4. The representative must pay the debts of the deceased according +to their priority. Next to the legitimate funeral expenses come +the costs of proving and administering the estate; in the event, +however, of the funeral and testamentary expenses being charged +by the will upon any particular fund, they will be primarily payable +out of that fund. The representative must be careful to pay the +debts according to the rules of priority, otherwise he will become +personally liable to the creditors of one degree if he has exhausted +the estate in paying creditors of a lesser degree. First of all, a +solicitor has a lien for his costs upon any fund or duty which he has +recovered for the deceased; next in order come debts due to the +crown by record or speciality; then debts given a priority by +statute, as, for example, by the Poor Relief Act 1743, money due +by an overseer of the poor to his parish. Next, debts of record, <i>i.e.</i> +<span class="pagenum"><a name="page64" id="page64"></a>64</span> +judgment recovered against the deceased in any court of record; +all such debts are equal among themselves, but a judgment creditor +who has sued out execution is preferred to one who has not; another +class of debts of record are statutes merchant and staple, or recognizances +in the nature of statute staple, <i>i.e.</i> bonds of record acknowledged +before the lord mayor of London or the mayor of the staple. +Last in the order of debts come specialty and simple contract debts, +which by Hinde Palmer’s Act (the Executors Act 1869) are of equal +degree, though as between specialty debts bonds given for value +rank before voluntary bonds unless assigned for value, and as +between simple contract debts those due to the crown have priority. +Though the creditors can if necessary take all the estate of the +deceased to satisfy their claims, yet as between the various classes +of assets the representative must pay the debts out of assets in the +following order: (i.) General personal estate not specifically bequeathed +nor exempted from payment of debts; (ii.) real estate +appropriated to debts; (iii.) real estate descended; (iv.) real estate +devised charged with payment of debts; (v.) general pecuniary +legacies <i>pro rata</i>; (vi.) specific legacies and devises; (vii.) real +estate over which a general power of appointment has been exercised +by will; (viii.) the widow’s paraphernalia.</p> + +<p>5. The debts of the deceased being satisfied, the representative +must next proceed to satisfy the legacies and devises left by the +testator. In order to enable him to do this with safety to himself, +it is provided that he cannot be compelled to divide the estate +among the legatees or next of kin until twelve months from the +death of the deceased (this is commonly known as “the executor’s +year”), though if there is no doubt as to the solvency of the estate +he may do so at once. As a further protection the representative +may give notice by advertisement for creditors to send in their +claims against the estate, and on expiration of the notices he may +proceed to divide the estate, though even then the creditor may +follow the assets to the person who has received them and recover +for his debt. As between legatees the following priorities must be +observed: (1) Specific legatees and devisees, (2) demonstrative +legatees, and (3) general legatees; and as to this last class the testator +can give priority to one over another. If there are not sufficient +assets to pay the general legatees they must abate rateably. Legacies +were not payable out of the real estate prior to the Land Transfer +Act 1897, unless the testator charged the realty with them. Even +then unless the testator exonerates his personalty from payment of +the legacies the personalty will be the first fund chargeable. It +has been suggested that the effect of the act is to make the realty +chargeable <i>pro rata</i> with the personalty, but this is doubtful.</p> + +<p>6. The residue, after all legacies and devises are satisfied, must, +if there be a will, be paid to the residuary legatee therein named, +and if there be no will the real estate will go to the heir (see <span class="sc"><a href="#artlinks">Inheritance</a></span>) +and the personalty to the next of kin (see <span class="sc"><a href="#artlinks">Intestacy</a></span>). +It was held at one time that in default of a residuary legatee the +residue fell to the executor himself, but now nothing less than the +expressed intention of the testator can give it to him.</p> + +<p>The liabilities of the representative may be shortly stated. He is +liable in his representative capacity in all cases where the deceased +would be liable were he alive. To this general rule there are some +exceptions. The representative cannot be sued for breach of a +contract for personal services which can be performed only in the +lifetime of the person contracting, nor again can he be sued in a +case where unliquidated damages only could have been recovered +against the deceased. He is liable in his personal capacity in the +following cases: if he contracts to pay a debt due by the deceased, +or if having admitted that he had assets in his hands sufficient to +pay a debt or legacy he has misapplied such assets so that he cannot +satisfy them; or lastly, if by mismanaging the estate and effects +of the deceased he has made himself liable for a <i>devastavit</i>. Shortly +stated, a representative is bound to exercise the ordinary care of a +business man in administering the estate of the deceased, and he +will be liable for the loss to the estate caused by his own negligence, +or by the negligence of a co-representative which his act or neglect +has rendered possible. Though the general rule of <i>delegatus non +potest delegari</i> holds good of a representative, yet in certain cases he +may “rely upon skilled persons in matters in which he cannot be +expected to be experienced,” <i>e.g.</i> he must employ solicitors to +conduct a lawsuit.</p> + +<p>The privileges of the representative are these: he may prefer one +creditor to another of equal degree; he may retain a debt owing +to him from the deceased as against other creditors of equal degree +(see <span class="sc"><a href="#artlinks">Retainer</a></span>); he may reimburse himself out of the estate all +expenses incurred in the execution of his trust.</p> + +<p>An executor <i>de son tort</i> is one who, without any title to do so, +wrongfully intermeddles with the assets of the deceased, dealing +with them in such a way as to hold himself out as executor. In +such a case he is subject to all the liabilities of an executor, and can +claim none of the privileges. He may be treated by the creditor as +the executor, and, if he is really assuming to act as executor, creditors +and legatees will get a good title from him, but he is liable to be sued +by the rightful representative for damages for interfering with the +property of the deceased.</p> + +<p><i>Scotland.</i>—Executor in Scots law is a more extensive term than in +English. He is either nominative or dative, the latter appointed +by the court and corresponding in most respects to the English +administrator. Caution is required from the latter, not from the +former. By the common law doctrine of passive representation the +heir or executor was liable to be sued for implement of the deceased’s +obligations. The Roman principle of <i>beneficium inventarii</i> was first +introduced by an act of 1695. As the law at present stands, the heir +or executor is liable only to the value of the succession, except +where there has been vitious intromission in movables, and in +<i>gestio pro haerede</i> (behaviour as heir) and other cases in heritables. +The present inventory duty on succession to movables and +heritables depends on the Finance Acts 1894-1909 (see <span class="sc"><a href="#artlinks">Estate Duty</a></span>). +In England the executor is bound to pay the debts of the deceased +in a certain order, but in Scotland they all rank <i>pari passu</i> except +privileged debts (see <span class="sc"><a href="#artlinks">Privilege</a></span>).</p> + +<p><span class="sc">Authorities.</span>—R.L. Vaughan Williams, <i>The Law of Executors +and Administrators</i>; W.G. Walker, <i>Compendium on the Law of +Executors and Administrators</i>; James Schouler, <i>Law of Executors +and Administrators</i> (3rd ed., Boston, 1901).</p> +</div> + + +<hr class="art" /> +<p><span class="bold">EXEDRA,<a name="ar54" id="ar54"></a></span> or <span class="sc">Exhedra</span> (from Gr. <span class="grk" title="ex">ἐξ</span>, out, and <span class="grk" title="hedra">ἕδρα</span>, a seat), +an architectural term originally applied to a seat or recess out +of doors, intended for conversation. Such recesses were generally +semicircular, as in the important example built by Herodes +Atticus at Olympia. In the great Roman thermae (baths) they +were of large size, and like apses were covered with a hemispherical +vault. An example of these exists at Pompeii in the Street +of the Tombs. From Vitruvius we learn that they were often +covered over, and they are described by him (v. 11) as places +leading out of porticoes, where philosophers and rhetoricians +could debate or harangue.</p> + + +<hr class="art" /> +<p><span class="bold">EXELMANS, RENÉ JOSEPH ISIDORE,<a name="ar55" id="ar55"></a></span> <span class="sc">Count</span> (1775-1852), +marshal of France, was born at Bar-le-Duc on the 13th of +November 1775. He volunteered into the 3rd battalion of the +Meuse in 1791, became a lieutenant in 1797, and in 1798 was aide-de-camp +to General Éblé, and in the following year to General +Broussier. In his first campaign in Italy he greatly distinguished +himself; and in April 1799 he was rewarded for his services by +the grade of captain of dragoons. In the same year he took +part with honour in the conquest of Naples and was again promoted, +and in 1801 he became aide-de-camp to General Murat. +He accompanied Murat in the Austrian, Prussian and Polish +campaigns of 1805, 1806 and 1807. At the passage of the +Danube, and in the action of Wertingen, he specially distinguished +himself; he was made colonel for the valour which he +displayed at Austerlitz, and general of brigade for his conduct +at Eylau in 1807. In 1808 he accompanied Murat to Spain, +but was there made prisoner and conveyed to England. +On regaining his liberty in 1811 he went to Naples, where +King Joachim Murat appointed him grand-master of horse. +Exelmans, however, rejoined the French army on the eve of the +Russian campaign, and on the field of Borodino won the rank of +general of division. In the retreat from Moscow his steadfast +courage was conspicuously manifested on several occasions. +In 1813 he was made, for services in the campaign of Saxony +and Silesia, grand-officer of the Legion of Honour, and in 1814 +he reaped additional glory by his intrepidity and skill in the +campaign of France. When the Bourbons were restored, +Exelmans retained his position in the army. In January 1815 +he was tried on an accusation of having treasonable relations +with Murat, but was acquitted. Napoleon on his return from +Elba made Exelmans a peer of France and placed him in +command of the II. cavalry corps, which he commanded in +the Waterloo campaign, the battle of Ligny and Grouchy’s +march on Wavre. In the closing operations round Paris +Exelmans won great distinction. After the second Restoration +he denounced, in the House of Peers, the execution of +Marshal Ney as an “abominable assassination”; thereafter he +lived in exile in Belgium and Nassau for some years, till 1819, +when he was recalled to France. In 1828 he was appointed +inspector-general of cavalry; and after the July revolution of +1830 he received from Louis Philippe the grand cross of the Legion +of Honour, and was reinstated as a peer of France. At the +revolution of 1848 Exelmans was one of the adherents of Louis +Napoleon; and in 1851 he was, in recognition of his long and +brilliant military career, raised to the dignity of a marshal of +France. His death, which took place on the 10th of July 1852, +was the result of a fall from his horse.</p> + +<p><span class="pagenum"><a name="page65" id="page65"></a>65</span></p> + + +<hr class="art" /> +<p><span class="bold">EXEQUATUR,<a name="ar56" id="ar56"></a></span> the letter patent, issued by a foreign office +and signed by a sovereign, which guarantees to a foreign consul +the rights and privileges of his office, and ensures his recognition +in the state in which he is appointed to exercise them. If a +consul is not appointed by commission he receives no exequatur; +and a notice in the <i>Gazette</i> in this case has to suffice. The exequatur +may be withdrawn, but in practice, where a consul is +obnoxious, an opportunity is afforded to his government to +recall him.</p> + + +<hr class="art" /> +<p><span class="bold">EXETER, EARL, MARQUESS AND DUKE OF.<a name="ar57" id="ar57"></a></span> These +English titles have been borne at different times by members +of the families of Holand or Holland, Beaufort, Courtenay and +Cecil. The earls of Devon of the family of de Redvers were +sometimes called earls of Exeter; but the 1st duke of Exeter +was John (<i>c.</i> 1355-1400), a younger son of Thomas Holand, +earl of Kent (d. 1360). John’s mother, Joan (d. 1385), a descendant +of Edward I., married for her third husband Edward the +Black Prince, by whom she was the mother of Richard II., and +her son John was thus the king’s half-brother, a relationship +to which he owed his high station at the English court. He +married Elizabeth (d. 1426), a daughter of John of Gaunt, duke +of Lancaster, and was constantly in Richard’s train until 1385, +when his murder of Ralph Stafford disturbed these friendly +relations. John then went to Spain as constable of the English +army under John of Gaunt; but after his return to England in +1387 he was created earl of Huntingdon, was made admiral of +the fleet and chamberlain of England, and was again high in the +king’s favour. He was Richard’s chief helper in the proceedings +against the lords appellant in 1397, was created duke of Exeter +in September of this year, and went with the king to Ireland in +1399. After the accession of his brother-in-law, Henry IV., +Holand was tried for his share in the events of 1397, and was +reduced to his earlier rank of earl of Huntingdon. He was +soon plotting against Henry’s life, and after the projected +rising in 1400 had failed he was captured and was probably +beheaded at Pleshey in Essex on the 16th of January 1400.<a name="fa1e" id="fa1e" href="#ft1e"><span class="sp">1</span></a> +He was afterwards attainted and his titles and lands were +forfeited.</p> + +<p>In 1416 <span class="sc">Thomas Beaufort</span>, earl of Dorset, was created duke +of Exeter; but this dignity was only granted for his life, and +consequently it expired on his death in 1426.</p> + +<p>In 1416 <span class="sc">John</span> (1395-1447), son of John Holand, the former +duke of Exeter, was allowed to take his father’s earldom of +Huntingdon. This nobleman rendered great assistance to +Henry V. in his conquest of France, fighting both on sea and +on land. He was marshal of England, admiral of England and +governor of Aquitaine under Henry VI.; was one of the king’s +representatives at the conference of Arras in 1435; and in 1443 +was created duke of Exeter. When he died on the 5th of August +1447 his titles passed to his son <span class="sc">Henry</span> (1430-1473), who, +although married to Anne (d. 1476), daughter of Richard, duke of +York, fought for Henry VI. during the Wars of the Roses. After +having been imprisoned by York at Pontefract, he was present +at the battle of Towton, sailed with Henry’s queen, Margaret +of Anjou, to Flanders in 1463, and was wounded at Barnet in +1471. In 1461 he had been attainted and his dukedom declared +forfeited, and he died without sons, probably in 1473.</p> + +<p>Coming to the family of Courtenay the title of marquess of +Exeter was borne by <span class="sc">Henry Courtenay</span> (<i>c.</i> 1496-1538), earl of +Devon, who was made a marquess in 1525. A grandson of +Edward IV., Courtenay was a prominent figure at the court of +Henry VIII. until Thomas Cromwell rose to power, when his +high birth, his great wealth and his independent position made +him an object of suspicion. Some slight discontent in the west +of England gave the occasion for his arrest, and he was tried and +beheaded on the 9th of December 1538. A few days later he +was declared a traitor and his titles were forfeited; although +his only son, <span class="sc">Edward</span> (<i>c.</i> 1526-1556), who was restored to the +earldom of Devon in 1553 and was a suitor for the hand of Queen +Mary, is sometimes called marquess of Exeter.</p> + +<p>The title of earl of Exeter was first bestowed upon the Cecils +(see <span class="sc"><a href="#artlinks">Cecil</a></span>: <i>Family</i>) in 1605 when <span class="sc">Thomas</span>, 2nd Lord Burghley +(1542-1623), the eldest son of William Cecil, Lord Burghley, +was made earl of Exeter by James I. Thomas had been a +member of parliament during the reign of Queen Elizabeth, who +knighted him in 1575, and had fought under the earl of Leicester +in the Netherlands. After his father’s death in 1598 he became +president of the Council of the North and was made a knight of +the Garter. He died on the 7th or 8th of February 1623. His +direct descendants continued to bear the title of earl of Exeter, +and in 1801 <span class="sc">Henry</span> (1754-1804), the 10th earl, was advanced to +the dignity of marquess of Exeter, the present marquess being +his lineal descendant. It may be noted that the 1st marquess +is Tennyson’s “lord of Burghley.”</p> + +<div class="condensed"> +<p>See G.E. C(okayne), <i>Complete Peerage</i> (1887-1898).</p> +</div> + +<hr class="foot" /> <div class="note"> + +<p><a name="ft1e" id="ft1e" href="#fa1e"><span class="fn">1</span></a> There is some difference of opinion about the place and manner +of the earl’s death, and this question has an important bearing upon +the privilege of trial by peers of the realm. See L.W. Vernon-Harcourt, +<i>His Grace the Steward and Trial of Peers</i> (1907).</p> +</div> + + +<hr class="art" /> +<p><span class="bold">EXETER,<a name="ar58" id="ar58"></a></span> a city and county of a city, municipal, county and +parliamentary borough, and the county town of Devonshire, +England, 172 m. W.S.W. of London, on the London & South +Western and the Great Western railways. Pop. (1901) 47,185. +The ancient city occupies a broad ridge of land, which rises +steeply from the left bank of the Exe. At the head of the ridge +is the castle, on the site of a great British earthwork. The High +Street and its continuation, called Fore Street, are narrow, but +very picturesque, with many houses of the 16th and 17th +centuries. There is a maze of lesser streets within the ancient +walls, the line of which may be traced. All the gates have +disappeared. The suburbs, which have greatly extended since +the beginning of the 19th century, contain many good streets, +terraces and detached villas. The surrounding country is rich, +fertile and of great beauty. Extensive views are commanded in +the direction of Haldon, a stretch of high moorland which may +be regarded as an outlier of Dartmoor. The lofty mound of the +castle is laid out as a promenade, with fine trees and broad walks.</p> + +<p>The cathedral, although not one of the largest in England, is +unsurpassed in the beauty of its architecture and the richness +of its details. With the exception of the Norman transeptal +towers, the general character is Decorated, ranging from about +1280 to 1369. Transeptal towers occur elsewhere in England +only in the collegiate church of Ottery St Mary, in Devonshire, +for which Exeter cathedral served as a model. The west front +is of later date than the rest (probably 1369-1394), and the +porch is wholly covered with statues. Within, the most noteworthy +features are the long unbroken roof, extending throughout +nave and choir, with no central tower or lantern; the beautiful +sculpture of bosses and corbels; the minstrel’s gallery, projecting +from the north triforium of the nave; and the remarkable +manner in which the several parts of the church are made to +correspond. The window tracery is much varied; but each +window answers to that on the opposite side of nave or choir; +pier answers to pier, aisle to aisle, and chapel to chapel, while +the transeptal towers complete the balance of parts. A complete +restoration under Sir G.G. Scott was carried out between 1870 +and 1877. The modern stall work, the reredos, the choir pavement +of tiles, rich marbles and porphyries, the stained glass and +the sculptured pulpits in choir and nave are meritorious. The +episcopal throne, a sheaf of tabernacle work in wood, was erected +by Bishop Stapeldon about 1320, and in the north transept is +an ancient clock. The most interesting monuments are those of +bishops of the 12th and 13th centuries, in the choir and lady +chapel. Some important MSS., including the famous book of +Saxon poetry given by Leofric to his cathedral, are preserved +in the chapter-house. The united sees of Devonshire and +Cornwall were fixed at Exeter from the installation there of +Leofric (1050) by the Confessor, until the re-erection of the +Cornish see in 1876. The bishop’s palace embodies Early +English portions. The diocese covers the greater part of Devonshire, +with a very small part of Dorsetshire.</p> + +<p>The guildhall in the High Street is a picturesque Elizabethan +building, which contains some interesting portraits; among +them being one of General Monk, who was a native of Devon, +<span class="pagenum"><a name="page66" id="page66"></a>66</span> +and another of Henrietta, duchess of Orleans, given by her +brother Charles II. Both are by Sir Peter Lely. The assize +hall and sessions house dates from 1774. The Albert Memorial +Museum contains a school of art, an excellent free library, a +reading-room, and a museum of natural history and antiquities. +There is a good collection of local birds, and some remarkable +pottery and bronze relics extracted from barrows near Honiton +or found in various parts of Devonshire. Of the castle, called +Rougemont, the chief architectural remnant is a portion of a +gateway tower which may be late Norman. Traces are also +seen of the surrounding earthworks, which may have belonged +to the original British stronghold. Beneath the castle wall is +the pleasant promenade of Northernhay. The churches of +Exeter are of little importance, being mostly small, and closely +beset with buildings, but the modern church of St Michael (1860) +deserves notice. The Devon and Exeter Institution, founded +in 1813, contains a large and valuable library, and among +educational establishments may be noticed the technical and +university extension college, the diocesan training college and +school; and the grammar school, which was founded under a +scheme of Walter de Stapeldon, bishop of Exeter and founder of +Exeter College, Oxford, in 1332, and refounded in 1629, but +occupies modern buildings (1886) outside the city. It is endowed +with a large number of leaving exhibitions, and about 150 boys +are educated. There are two market-houses in the city, many +hospitals and many charitable institutions, including the picturesque +hospital or almshouse of William Wynard, recorder of +Exeter (1439).</p> + +<p>Exeter is one of the principal railway centres in the south-west, +and it also has some shipping trade, communicating with the +sea by way of the Exeter ship-canal, originally cut in the reign +of Elizabeth (1564), and enlarged in 1675 and 1827. This canal +is an interesting work, being the first canal carried out in the +United Kingdom for the purpose of enabling sea-going vessels to +pass to an inland port. The river Exe was very early utilized +by small craft trading to Exeter, parliament having granted +powers for the improvement of the navigation by the construction +of a canal 3 m. long from Exeter to the river; at a later +date this canal was extended lower down to the tidal estuary of +the Exe. Previous to the year 1820 it was only available for +vessels of a draft not exceeding 9 ft., but by deepening it, raising +the banks, and constructing new locks, vessels drawing 14 ft. of +water were enabled to pass up to a basin and wharves at Exeter. +These works were carried out under the advice of Thomas +Telford. A floating basin is accessible to vessels of 350 tons. +Larger vessels lie at Topsham, at the junction of the canal with +the estuary of the Exe; while at the mouth of the estuary is +the port of Exmouth. Imports are miscellaneous, while paper, +grain, cider and other goods are exported. Brewing, paper-making +and iron-founding are carried on, and the city is an +important centre of agricultural trade. The parliamentary +borough returns one member. The city is governed by a +mayor, 14 aldermen and 42 councillors. Area, 3158 acres. +The eastern suburb of Heavitree, where is the Exeter city +asylum, is an urban district with a population (1901) of 7529.</p> + +<p>Exeter was the Romano-British country town of <i>Isca Damnoniorum</i>—the +most westerly town in the south-west of Roman +Britain. Mosaic pavements, potsherds, coins and other relics +have been found, and probably traces of the Roman walls survive +here and there in the medieval walls. It is said to be the <i>Caer +Isce</i> of the Britons, and its importance as a British stronghold is +shown by the great earthwork which the Britons threw up to +defend it, on the site of which the castle was afterwards built, and +by the number of roads which branch from it. Exeter is famous +for the number of sieges which it sustained as the chief town +in the south-west of England. In 1001 it was unsuccessfully +besieged by the Danes, but in the following year was given by +King Æthelred to Queen Emma, who appointed as reeve, Hugh, a +Frenchman, owing to whose treachery it was taken and destroyed +by Sweyn in 1003. By 1050, however, it had recovered, and +was chosen by Leofric as the new seat of the bishops of Devon. +In 1068, after a siege of eighteen days, Exeter surrendered to +the Conqueror, who threw up a castle which was called Rougemont, +from the colour of the rock on which it stood. Again in +1137 the town was held for Matilda by Baldwin de Redvers for +three months and surrendered, at last, owing to lack of water. +Three times subsequently Exeter held out successfully for the king—in +1467 against the Yorkists, in 1497 against Perkin Warbeck, +and in 1549 against the men of Cornwall and Devon, who rose +in defence of the old religion. During the civil wars the city +declared for parliament, but was in 1643 taken by the royalists, +who held it until 1646. The only other historical event of +importance is the entry of William, prince of Orange, in 1688, +shortly after his arrival in England. Exeter was evidently a +borough by prescription some time before the Conquest, since +the burgesses are mentioned in the Domesday Survey. Its +first charter granted by Henry I. gave the burgesses all the free +customs which the citizens of London enjoyed, and was confirmed +and enlarged by most of the succeeding kings. By 1227 government +by a reeve had given place to that by a mayor and four +bailiffs, which continued until the Municipal Reform Act of 1835. +Numerous trade gilds were incorporated in Exeter, one of the +first being the tailors’ gild, incorporated in 1466. This by 1482 +had become so powerful that it interfered with the government +of the town, and was dissolved on the petition of the burgesses. +Another powerful gild was that of the merchant adventurers, +incorporated in 1559, which is said to have dictated laws to which +the mayor and bailiffs submitted. From 1295 to 1885 Exeter +was represented in parliament by two members, but in the latter +year the number of representatives was reduced to one. Exeter +was formerly noted for the manufacture of woollen goods, +introduced in Elizabeth’s reign, and the value of its exports +at one time exceeded half a million sterling yearly. The trade +declined partly owing to the stringent laws of the trade gilds, +and by the beginning of the 19th century had entirely disappeared, +although at the time of its greatest prosperity it +had been surpassed in value and importance only by that of +Leeds.</p> + +<div class="condensed"> +<p>See <i>Victoria County History</i>, <i>Devon</i>; Richard Izacke, <i>Antiquities +of the City of Exeter</i> (1677); George Oliver, <i>The History of the City +of Exeter</i> (1861); and E.A. Freeman, <i>Exeter</i> (“Historic Towns” +series) (London, 1887), in the preface to which the names of earlier +historians of the city are given.</p> +</div> + + +<hr class="art" /> +<p><span class="bold">EXETER,<a name="ar59" id="ar59"></a></span> a town and one of the county-seats of Rockingham +county, New Hampshire, U.S.A., on the Squamscott river, +about 12 m. S.W. of Portsmouth and about 51 m. N. by E. of +Boston, Mass. Pop. (1890) 4284; (1900) 4922 (1066 foreign-born); +(1910) 4897; area, about 17 sq. m. It is served by the +Western Division of the Boston & Maine railway. The town +has a public library and some old houses built in the colonial +period, and is the seat of Phillips Exeter Academy (incorporated +in 1781 and opened in 1783). In its charter this institution is +described as “an academy for the purpose of promoting piety +and virtue, and for the education of youth in the English, Latin +and Greek languages, in writing, arithmetic, music and the art +of speaking, practical geometry, logic and geography, and such +other of the liberal arts and sciences or languages, as opportunity +may hereafter permit.” It was founded by Dr John Phillips +(1719-1795), a graduate of Harvard College, who acquired +considerable wealth as a merchant at Exeter and gave nearly +all of it to the cause of education. The academy is one of the +foremost secondary schools in the country, and among its +<i>alumni</i> have been Daniel Webster, Edward Everett, Lewis +Cass (born in Exeter in a house still standing), John Parker Hale, +George Bancroft, Jared Sparks, John Gorham Palfrey, Richard +Hildreth and Francis Bowen. The government of the academy +is vested in a board of six trustees, regarding whom the founder +provided that a majority should be laymen and not inhabitants +of Exeter. In 1909-1910 the institution had 20 buildings, 32 +acres of recreation grounds, 16 instructors and 488 students, +representing 38 states and territories of the United States and +4 foreign countries. At Exeter also is the Robinson female +seminary (1867), with 14 instructors and 272 students in 1906-1907. +The river furnishes water-power, and among the manufactures +of the town are shoes, machinery, cottons, brass, &c. +<span class="pagenum"><a name="page67" id="page67"></a>67</span> +The town is one of the oldest in the state; it was founded in +1638 by Rev. John Wheelwright, an Antinomian leader who +with a number of followers settled here after his banishment +from Massachusetts. For their government the settlers adopted +(1639) a plantation covenant. There was disagreement from the +first, however, with regard to the measure of loyalty to the king, +and in 1643, when Massachusetts had asserted her claim to this +region and the other three New Hampshire towns had submitted +to her jurisdiction, the majority of the inhabitants of Exeter +also yielded, while the minority, including the founder, removed +from the town. In 1680 the town became a part of the newly +created province of New Hampshire. During the French and +Indian wars it was usually protected by a garrison, and some +of the garrison houses are still standing. From 1776 to 1784 +the state legislature usually met at Exeter.</p> + +<div class="condensed"> +<p>See C.H. Bell, <i>History of the Town of Exeter</i> (Exeter, 1888).</p> +</div> + + +<hr class="art" /> +<p><span class="bold">EXETER BOOK<a name="ar60" id="ar60"></a></span> [<i>Codex Exoniensis</i>], an anthology of Anglo-Saxon +poetry presented to Exeter cathedral by Leofric,<a name="fa1f" id="fa1f" href="#ft1f"><span class="sp">1</span></a> bishop +of Exeter, England, from 1050 to 1071, and still in the possession +of the dean and chapter. It contains some legal documents, the +poems entitled <i>Crist</i>, <i>Guthlac</i>, <i>Phoenix</i>, <i>Juliana</i>, <i>The Wanderer</i> +and others, and concludes with between eighty and ninety +riddles. It was first described in Humphrey Wanley’s <i>Catalogus</i> +... (1705) in detail but with many inaccuracies; subsequently +by J.J. Conybeare, <i>Account of a Saxon Manuscript</i> +(a paper read in 1812; printed with some extracts from the +MS. in <i>Archaeologia</i>, vol. xvii. pp. 180-197, 1814). A complete +transcript made (1831) by Robert Chambers is in the British +Museum (Addit. MS. 9067). It was first printed in 1842 by +Benjamin Thorpe for the Soc. of Antiq., London, as <i>Codex +Exoniensis ... with an English Translation, Notes and Indexes</i>. +More recent editions, chiefly based on Thorpe’s text, are:—in +Chr. Grein’s <i>Bibliothek der A.S. Poesie</i> (vol. iii. part 1, ed. +R. Wülker, Leipzig, 1897, with a bibliography), J. Schipper in +Pfeiffer’s <i>Germania</i>, vol. xix. pp. 327-339, and Israel Gollancz, +<i>The Exeter Book</i>, pt. i. (1895), with English translation, for the +Early English Text Society.</p> + +<div class="condensed"> +<p>A detailed account, with bibliographies of the separate poems, is +given by R. Wülker, in <i>Grundriss ... der A.S. Literatur</i>, pp. 218-236 +(Leipzig, 1885); see also the introduction to <i>The Crist of Cynewulf</i> ..., +edited by Prof. A.S. Cook, with introduction, notes and a glossary +(Boston, U.S.A., 1900). For the poems contained in the MS. see +also <span class="sc"><a href="#artlinks">Cynewulf</a></span> and <span class="sc"><a href="#artlinks">Riddles</a></span>.</p> +</div> + +<hr class="foot" /> <div class="note"> + +<p><a name="ft1f" id="ft1f" href="#fa1f"><span class="fn">1</span></a> For Leofric, see F.E. Warren, <i>The Leofric Missal</i> (1883).</p> +</div> + + +<hr class="art" /> +<p><span class="bold">EXHIBITION,<a name="ar61" id="ar61"></a></span> a term, meaning in general a public display,<a name="fa1g" id="fa1g" href="#ft1g"><span class="sp">1</span></a> +which has a special modern sense as applied to public shows of +goods for the promotion of trade (Fr. <i>exposition</i>). The first +exhibition in this sense of which there is any account, in either +sacred or profane history, was that held by King Ahasuerus, +who, according to the Book of Esther, showed in the third year +of his reign “the riches of his glorious kingdom, and the honour +of his excellent majesty, many days, even a hundred and fourscore +days.” The locale of this function was Shushan, the +palace and the exhibits consisted of “white, green and blue +hangings, fastened with cords of fine linen and purple to silver +rings and pillars of marble: the beds were of gold and silver, +upon a pavement of red, and blue, and white and black marble. +And they gave them drink in vessels of gold, the vessels being +diverse one from another.” The first exhibition since the +Christian era was at Venice during the dogeship of Lorenzo +Tiepolo, in 1268. On that occasion there was a grand display, +consisting of a water fête, a procession of the trades and an +industrial exhibition. The various gilds of the Queen City of the +Seas marched through the narrow streets to the great square of +St Mark, and their leaders asked the dogaressa to inspect the +products of their industry. Other medieval exhibitions were +the fairs held at Leipzig and Nizhni Novgorod in Europe, at +Tanta in Egypt, and in 1689 that by the Dutch at Leiden.</p> + +<p>The first modern exhibition was held at London in 1756 by +the Society of Arts, which offered prizes for improvements in +the manufacture of tapestry, carpets and porcelain, the exhibits +being placed side by side. Five years afterwards, in 1761, the +same society gave an exhibition of agricultural machinery. +In 1797 a collective display of the art factories of France, including +those of Sèvres, the Gobelins and the Savonnerie, was made +in the palace of St Cloud, and the exhibition was repeated during +the following year in the rue de Varennes, Paris. This experiment +was so successful that in the last three days of the same year an +exhibition under official auspices, at which private exhibitors +were allowed to compete, was held in the Champ de Mars. Four +years later, in 1801, there was a second official exhibition in +the grand court of the Louvre. Upon that occasion juries of +practical men examined the objects shown, and the winners of a +gold medal were invited to dine with Napoleon, who was at +that time First Consul. In the report of the jury the following +remarkable sentence appeared:—“There is not an artist or +inventor who, once obtaining thus a public recognition of +his ability, has not found his reputation and his business +largely increased.” The third Paris Exhibition, held in 1802, +was the first to publish an official catalogue. There were 540 +exhibitors, including J.E. Montgolfier, the first aëronaut, and +J.M. Jacquard, the inventor of the loom which bears his name. +The fourth exhibition was held in 1806 in the esplanade in front +of the Hôtel des Invalides, and attracted 1422 exhibitors. There +were no more exhibitions till after the fall of the empire, but in +1819 the fifth was held during the reign of Louis XVIII., with +1622 exhibitors. Others were held at Paris at various intervals, +that in 1849 having 4500 exhibitors.</p> + +<p>Other exhibitions, though on a smaller scale, were held in +Dublin, London, and in various parts of Germany and Austria +during the first half of the 19th century—that in 1844, held at +Berlin, having 3040 exhibitors. Switzerland, Holland, Belgium, +Sweden, Russia, Poland, Italy, Spain and Portugal all held +exhibitions, and there was a Free Trade Bazaar of British +Manufactures at Covent Garden theatre in 1845, which at +the time created a great deal of interest. But all these +exhibitions were confined to the products of the country +in which they took place, and the first great International +Exhibition was held in London in 1851 by the Society of Arts, +under the presidency of the prince consort. All nations were +invited to compete; a site was obtained in Hyde Park, and a +building 20 acres in extent was erected, after the design of Sir +Joseph Paxton, at a cost of £193,168. The exhibition was open +for five months and fifteen days. The receipts amounted to +£506,100, and the surplus was £186,000. The number of visitors +was 6,039,195, and the money taken at the doors was £423,792. +The total, number of exhibitors was 13,937, of which Great +Britain contributed 6861, the British colonies 520 and foreign +countries 6556. The International Exhibition of 1851 was +followed by those of New York and Dublin in 1853, Melbourne +and Munich in 1854, and Paris in 1855—this latter was held in +the Palais d’Industrie, which remained in existence until pulled +down to make room for the two Palais des Beaux Arts, which +formed one of the attractions of the 1900 exhibition. The +exhibitors numbered 20,839 and the visitors 5,162,330. There +were national exhibitions during the following years in several +European countries, but the next great world’s fair was held at +London in 1862. The total space roofed in amounted to 988,000 +sq. ft., 22.65 acres, the number of visitors was 6,211,103, and +the amount received at the doors £408,530. The death of the +prince consort had a depressing effect upon the enterprise. +In 1865 an exhibition was held at Dublin, the greater proportion +of the funds being supplied by Sir Benjamin Lee Guinness. +The number of attendances during six months was 900,000, and +the exhibition was opened at night. An Italian exhibition was +held at Rome in 1862.</p> + +<p>The Paris Exhibition of 1867 was upon a far larger scale than +that of 1855. It was held, like those that preceded and succeeded +it, at the Champ de Mars, and covered 41 acres. The building +resembled an exaggerated gasometer. The external ring was +<span class="pagenum"><a name="page68" id="page68"></a>68</span> +devoted to machinery, the internal to the gradual development +of civilization, commencing with the stone age and continuing +to the present era. A great feature of the exhibition was +the park, which was studded with specimens of every style of +modern architecture—Turkish mosques, Swedish cottages, +English lighthouses, Egyptian palaces and Swiss châlets. The +number of attendances was 6,805,969. The exhibitors numbered +43,217, and the total amount received for entrances, concessions, +&c. , was £420,735. This was the first exhibition at which there +were international restaurants. The cost of the exhibition was +defrayed partly by the state and partly by private subscriptions.</p> + +<p>Small exhibitions were held in various parts of Europe between +1867 and 1870, and in the latter year a series of international +exhibitions, confined to one or two special descriptions of +produce or manufactures, was inaugurated in London at South +Kensington. These continued till 1874, but they failed to attract +any very large attendance of the public and were abandoned. +A medal was given to each exhibitor, and reports on the various +exhibits were published, but there was no examination of the +exhibits by jurors. In 1873 there was an International Exhibition +at Vienna. The main building, a rotunda, was erected in +the beautiful park of the Austrian capital. There were halls +for machinery and agricultural products, and hundreds of +buildings, erected by different nations, were scattered amongst +the woodlands of the Prater. Unfortunately, an outbreak +of cholera diminished the attendance of visitors, and the receipts +were only £206,477, although the visitors were said to have +reached 6,740,500, and the number of exhibitors was 25,760.</p> + +<p>None of the International Exhibitions held between 1857 +and 1873 had attracted as many as 7,000,000 visitors, but the +gradual extension of education amongst the masses, and the +greater facilities for locomotion, brought about by the growth +of the railway system in all portions of the civilized world, +largely increased the attendances at subsequent World’s Fairs. +The Centennial Exhibition of 1876, to celebrate the one-hundredth +anniversary of American Independence, was held at Fairmount +Park, Philadelphia. The funds were raised partly by private +subscriptions, and partly by donations from the city of Philadelphia, +from Pennsylvania and some of the neighbouring states. +The central government at Washington made a large loan, +which was subsequently repaid. The principal buildings, five in +number, occupied an area of 48½ acres, and there were several +smaller structures, which in the aggregate must have filled half +as much space more, the largest being that devoted to the exhibits +of the various departments of the United States government, +which covered 7 acres. Several novelties in exhibition +management were introduced at Philadelphia. Instead of gold, +silver and bronze medals, only one description, bronze, was +issued, the difference between the merits of the different exhibits +being shown by the reports. Season tickets were not issued, +and the price of admission, the same on all occasions, was half +a dollar, or about 2s. 1d. The exhibition was not open at night +or on Sundays, thus following the British, and not the continental, +precedent. The number of visitors was 9,892,625, of +whom 8,004,214 paid for admission, the balance being exhibitors, +officials and attendants. The total receipts amounted to +£763,899. Upon one occasion, the Pennsylvania day, 274,919 +persons—the largest number that had visited any exhibition +up to that date—passed through the turnstiles. The display +of machinery was the finest ever made, that of the United States +occupying 480,000 sq. ft. The motive-power was obtained from +a Corliss engine of 1600 horse-power. At this exhibition the +United Kingdom and the British Colonies of Canada, Victoria, +New South Wales, New Zealand, Cape Colony and Tasmania +made a very fine display, which was only excelled by that of the +United States.</p> + +<p>The Paris Exhibition of 1878 was upon a far larger scale in +every respect than any which had been previously held in any +part of the world. The total area covered not less than 66 acres, +the main building in the Champ de Mars occupying 54 acres. +The French exhibits filled one-half the entire space, the remaining +moiety being occupied by the other nations of the world. The +United Kingdom, British India, Canada, Victoria, New South +Wales, Queensland, South Australia, Cape Colony and some +of the British crown colonies occupied nearly one-third of the +space set aside for nations outside France. Germany was the +only great country which was not represented, but there were a +few German paintings. The display of fine arts and machinery +was upon a very large and comprehensive scale, and the Avenue +des Nations, a street 2400 ft. in length, was devoted to specimens +of the domestic architecture of nearly every country in Europe, +and of several in Asia, Africa and America. The palace of the +Trocadero, on the northern bank of the Seine, was erected for +the exhibition. It was a handsome structure, with towers 250 ft. +in height and flanked by two galleries. The rules for admission +were the same as those at Philadelphia, and every person—exhibitor, +journalist or official—who had the right of entrance +was compelled to forward two copies of his or her photograph, +one of which was attached to the card of entry. The ordinary +tickets were not sold at the doors, but were obtainable at various +government offices and shops, and from numerous pedlars in +all parts of the city and suburbs. The buildings were somewhat +unfinished upon the opening day, political complications having +prevented the French government and the French people from +paying much attention to the exhibition till about six months +before it was opened; but the efforts made in April were prodigious, +and by June 1st, a month after the opening, the exhibition +was complete, and afforded an object-lesson of the recovery +of France from the calamities of 1870-1871. The decisions +arrived at by the international juries were accompanied by +medals of gold, silver and bronze. The expenditure by the +United Kingdom was defrayed out of the consolidated revenue, +each British colony defraying its own expenses. The display of +the United Kingdom was under the control of a royal commission, +of which the prince of Wales was president. The number of +paying visitors to the exhibition was 13,000,000, and the cost +of the enterprise to the French government, which supplied all +the funds, was a little less than a million sterling, after allowing +for the value of the permanent buildings and the Trocadero +Palace, which were sold to the city of Paris. The total number +of persons who visited Paris during the time the exhibition was +open was 571,702, or 308,974 more than came to the French +metropolis during the year 1877, and 46,021 in excess of the +visitors during the previous exhibition of 1867. It was stated +at the time that, in addition to the impetus given to the trade of +France, the revenue of the Republic and of the city of Paris +from customs and octroi duties was increased by nearly three +millions sterling as compared with the previous year.</p> + +<p>Exhibitions on a scale of considerable magnitude were held at +Sydney and Melbourne in 1879 and 1880, and many continental +and American manufacturers took advantage of them in order +to bring the products of their industry directly under the notice +of Australian consumers, who had previously purchased their +supplies through the instrumentality of British merchants. +The United Kingdom and India made an excellent display at +both cities, but the effect of the two great Australian exhibitions +was to give a decided impetus to German, American, French and +Belgian trade. One of the immediate results was that lines of +steamers to Melbourne and Sydney commenced to run from +Marseilles and Bremen; another, that for the first time in the +history of the Australian colonies, branches of French banks +were opened in the two principal cities. The whole cost of these +exhibitions was defrayed by the local governments.</p> + +<p>Exhibitions were held at Turin and Brussels during 1880, +and smaller ones at Newcastle, Milan, Lahore, Adelaide, Perth, +Moscow, Ghent and Lille during 1881 and 1882, and at Zürich, +Bordeaux and Caraccas in Venezuela during 1883. The next +of any importance was held at Amsterdam in the latter year. +On that occasion a new departure in exhibition management +was made. The government of the Netherlands was to a certain +extent responsible for the administration of the exhibition, +but the funds were obtained from private sources, and a charge +was made to each nation represented for the space it occupied. +The United Kingdom, India, Victoria and New South Wales +<span class="pagenum"><a name="page69" id="page69"></a>69</span> +took part in the exhibition, but there was no official representation +of the mother country. Exhibitions on somewhat similar +lines were held at Nice and Calcutta in the winter of 1883 and +1884, and at Antwerp in 1895.</p> + +<p>A series of exhibitions, under the presidency of the then prince +of Wales, and managed by Sir Cunliffe Owen, was commenced at +South Kensington in 1883. The first was devoted to a display of +the various industries connected with fishing; the second, in +1884, to objects connected with hygiene; the third, in 1885, to +inventions; and the fourth, in 1886, to the British Colonies and +India. These exhibitions attracted a large number of visitors +and realized a substantial profit. They might have been continued +indefinitely if it had not been that the buildings in which +they were held had become very dilapidated, and that the ground +covered by them was required for other purposes. There was +no examination of the exhibits by juries, but a tolerably liberal +supply of instrumental music was supplied by military and +civil bands. The Crystal Palace held a successful International +Exhibition in 1884, and there was an Italian Exhibition at Turin, +and a Forestry Exhibition at Edinburgh, during the same year. +A World’s Industrial Fair was held at New Orleans in 1884-1885, +and there were universal Exhibitions at Montenegro and Antwerp +in 1885, at Edinburgh in 1886, Liverpool, Adelaide, Newcastle +and Manchester in 1887, and at Glasgow, Barcelona and Brussels +in 1888. Melbourne held an International Exhibition in 1888-1889 +to celebrate the Centenary of Australia. Great Britain, +Germany, France, Austria and the United States were officially +represented, and an expenditure of £237,784 was incurred by the +local government.</p> + +<p>The Paris Exhibition of 1889 marked an important change +in the policy which had previously characterized the management +of these gatherings. The funds were contributed partly by the +state, which voted 17,000,000 francs, and by the municipality of +Paris, which gave 8,000,000. A guarantee fund amounting to +23,124,000 francs was raised, and on this security a sum of +18,000,000 francs was obtained and paid into the coffers of the +administration. The bankers who advanced this sum recouped +themselves by the issue of 1,200,000 “bons,” each of 25 francs, +Every bon contained 25 admissions, valued at 1 franc, and +certain privileges in the shape of participation in a lottery, the +grand prix being £20,000. The calculations of the promoters +were tolerably accurate. The attendances reached the then +unprecedented number of 32,350,297, of whom 25,398,609 paid +in entrance tickets and 2,723,366 entered by season tickets. A +sum of 2,307,999 francs was obtained by concessions for +restaurants and “side-shows,” upon which the administration +relied for much of the attractiveness of the exhibition. The +total expenditure was 44,000,000 francs, and there was a small +surplus. The space covered in the Champ de Mars, the Trocadero, +the Palais d’Industrie, the Invalides and the Quai d’Orsay was +72 acres, as compared with 66 acres in 1878 and 41 acres in 1867. +Amongst the novelties was the Eiffel Tower, 1000 ft. in height, +and a faithful reproduction of a street in Cairo. The system of +international juries was continued, but instead of gold, silver +and copper medals, diplomas of various merits were granted, +each entitling the holder to a uniform medal of bronze. Some +of the “side-shows,” although perhaps pecuniary successes, +did not add to the dignity of the exhibition. The date at which +it was held, the Centenary of the French Revolution, did not +commend it to several European governments. Austria, +Hungary, Belgium, China, Egypt, Spain, Great Britain, Italy, +Luxemburg, Holland, Peru, Portugal, Rumania and Russia +took part, but not officially, while Germany, Sweden, Turkey +and Montenegro were conspicuous by their absence. On the +other hand, Argentina, Bolivia, Chile, the United States, Greece, +Guatemala, Morocco, Mexico, Nicaragua, Norway, Paraguay, +Salvador, the South African Republic, Switzerland, Uruguay +and Venezuela sent commissioners, who were accredited to the +government of the French Republic. The total number of +exhibitors was 61,722, of which France contributed 33,937, and +the rest of the world 27,785. The British and colonial section +was under the management of the Society of Arts, which obtained +a guarantee fund of £16,800, and, in order to recoup itself for its +expenditure, made a charge to exhibitors of 5s. per sq. ft. for the +space occupied. There were altogether 1149 British exhibitors, +of whom 429 were in the Fine Arts section. One of the features +of the exhibition was the number of congresses and conferences +held in connexion with it.</p> + +<p>During the year 1890 there was a Mining Exhibition at the +Crystal Palace, and a Military Exhibition in the grounds of +Chelsea Hospital; in 1891 a Naval Exhibition at Chelsea and +an International at Jamaica. In 1891-1892 there were exhibitions +at Palermo and at Launceston in Tasmania; in 1892, a +Naval Exhibition at Liverpool, and one of Electrical Appliances +at the Crystal Palace. A series of small national exhibitions +under private management was held at Earl’s Court between +1887 and 1891. The first of the series was that of the United +States—Italy followed in 1888, Spain in 1889, France in 1890 +and Germany in 1891.</p> + +<p>The next exhibition of the first order of magnitude was at +Chicago in 1893, and was held in celebration of the 400th anniversary +of the discovery of America by Columbus. The financial +arrangements were undertaken by a company, with a capital of +£2,000,000. The central government at Washington allotted +£20,000 for the purposes of foreign exhibits, and £300,000 for +the erection and administration of a building for exhibits from +the various government departments. The exhibition was held +at Jackson Park, a place for public recreation, 580 acres in extent, +situated on the shore of Lake Michigan, on the southern side of +the city, with which it was connected by railways and tramways. +Special provision was made for locomotion in the grounds +themselves by a continuous travelling platform and an elevated +electric railway. The proximity of the lake, and of some artificial +canals which had been constructed, rendered possible the service +of electric and steam launches; The exhibition remained open +from the 1st of May to the 30th of October, and was visited by +21,477,212 persons, each of whom paid half a dollar (about +2s. 1d.) for admission. The largest number of visitors on any +one day was 716,881. In addition to its direct vote of £320,000, +Congress granted £500,000 to the exhibition in a special coinage, +which sold at an enhanced price. The receipts from admissions +were £2,120,000; from concessions, £750,000; and the miscellaneous +receipts, £159,000: total, £3,029,000. The total +expenses were £5,222,000. Of the sums raised by the Company, +£400,000 was returned to the subscribers. Speaking roughly, it +may be said that the total outlay on the Chicago Exhibition was +six millions sterling, of which three millions were earned by the +Fair, two millions subscribed by Chicago and a million provided +by the United States government. The sums expended by the +participating foreign governments were estimated at £1,440,000. +The total area occupied by buildings at Chicago was as nearly as +possible 200 acres, the largest building, that devoted to manufactures, +being 1687 ft. by 787, and 30.5 acres. The funds for +the British commission, which was under the control of the +Society of Arts, were provided by the imperial government, +which granted £60,000. The number of British exhibitors was +2236, of whom 597 were Industrial, 501 Fine Arts and 1138 +Women’s work. In this total were included 18 Indian exhibitors. +The space occupied by Great Britain was 306,285 sq. ft.; +and, in addition, separate buildings were erected in the grounds. +These were Victoria House, the headquarters of the British +commission; the Indian Pavilion, erected by the Indian Tea +Association; the Kiosk of the White Star Steamship Company; +and the structure set up by the Maxim-Nordenfelt Company. +Canada and New South Wales had separate buildings, which +covered 100,140 and 50,951 sq. ft. respectively; and Cape +Colony occupied 5250, Ceylon 27,574, British Guiana 3367, +Jamaica 4250, Trinidad 3400 and India 3584, sq. ft. in the +several buildings. The total space occupied by the British +Colonies was therefore 193,660 sq. ft. The system of awards +was considered extremely unsatisfactory. Instead of international +juries, a single judge was appointed for each class, and +the recompenses were all of one grade, a bronze medal and a +diploma, on which was stated the reasons which induced the +<span class="pagenum"><a name="page70" id="page70"></a>70</span> +judge to make his decision. Some judges took a high standard, +and refused to make awards except to a small proportion of +selected exhibits; others took a low one, and gave awards +indiscriminately. About 1183 awards were made to British +exhibitors. The French refused to accept any awards. The +value of the British goods exhibited was estimated, exclusive +of Fine Arts, at £430,000, and the expenses of showing them at +£200,000. A large expenditure was incurred in the erection of +buildings, which were more remarkable for their beauty and +grandeur than for their suitableness to the purposes for which +they were intended. Considerable areas were devoted to “side-shows,” +and the Midway Plaisance, as it was termed, resembled +a gigantic fair. Every country in the world contributed something. +There were sights and shows of every sort from everywhere. +The foreign countries represented were Argentina, +Austria, Belgium, Bolivia, Brazil, Bulgaria, Chile, Colombia, +Costa Rica, Cuba, Curaçoa, Denmark, Danish West Indies, +Ecuador, France, Germany, Greece, Guatemala, Honduras, +Hayti, Japan, Johore, Korea, Liberia, Mexico, Monaco, Netherlands, +Norway, Orange Free State, Paraguay, Persia, Portugal, +Russia, Siam, Spain, Sweden, Turkey, United Kingdom and +Colonies, Uruguay and Venezuela.</p> + +<p>Exhibitions were held at Antwerp, Madrid and Bucharest +in 1894; Hobart in 1894-1895; Bordeaux, 1895; Nizhni +Novgorod, Berlin and Buda-Pest in 1896; Brussels and Brisbane +in 1897. A series of exhibitions, under the management of the +London Exhibitions Company, commenced at Earl’s Court in +1895 and continued in successive years.</p> + +<p>The Paris Exhibition of 1900 was larger than any which had +been previously held in Europe. The buildings did not cover +so much ground as those at Chicago, but many of those at Paris +had two or more floors. In addition to the localities occupied +in 1889, additional space was obtained at the Champs Elysées, +the park of Vincennes, on the north bank of the Seine between +the Place de la Concorde, and at the Trocadero. The total +superficial area occupied was as follows: Champ de Mars, +124 acres; Esplanade des Invalides, 30 acres; Trocadero +Gardens, 40 acres; Champs Elysées, 37 acres; quays on left +bank of Seine, 23 acres; quays on right bank of Seine, 23 acres; +park at Vincennes, 270 acres: total, 549 acres. The space occupied +by buildings and covered in amounted to 4,865,328 sq. ft., 111½ +acres. The French section covered 2,691,000 sq. ft., the foreign +1,829,880, and those at the park of Vincennes 344,448 sq. ft. +About one hundred French and seventy-five foreign pavilions and +detached buildings were erected in the grounds in addition to +the thirty-six official pavilions, which were for the most part +along the Quai d’Orsay. Funds were raised upon the same +system as that adopted in 1889. The French government granted +£800,000, and a similar sum was contributed by the municipality +of Paris. £2,400,000 was raised by the issue of 3,250,000 +“bons,” each of the value of 20 francs, and containing 20 +tickets of admission to the exhibition of the face value of one +franc each, and a document which gave its holder a right either +to a reduced rate for admission to the different “side-shows” +or else to a diminution in the railway fare to and from Paris, +together with a participation in the prizes, amounting to six +million francs, drawn at a series of lotteries. Permission to +erect restaurants, and to open places of amusement in buildings +erected for that purpose, were sold at high prices, and for these +privileges, which only realised 2,307,999 francs in 1889, the +concessionaires agreed to pay 8,864,442 francs in 1900. The +results did not justify the expectations which had been formed, +and the administration finally consented to receive a much +smaller sum. The administration calculated that they would +have 65,000,000 paying visitors, though there were only 13,000,000 +in 1878 and 25,398,609 in 1889. A very few weeks after the +opening day, April 15th, it became evident that the estimated +figures would not be reached, since a large number of holders +of “bons” threw them on the market, and the selling price of +an admission ticket declined from the par value of one franc to +less than half that amount, or from 30 to 50 centimes. The +proprietors of the restaurants and “side-shows” discovered +that they had paid too much for their concessions, that the +buildings they had erected were far too handsome and costly +to be profitable, and that the public preferred the exhibition +itself to the so-called attractions. The exhibition was largely +visited by foreigners, but various causes kept away many +persons of wealth and position. Although many speculators were +ruined, the exhibition itself was successful. The attendance +was unprecedentedly large, and during the seven months the +exhibition was open, 39,000,000 persons paid for admission with +47,000,000 tickets, since from two to five tickets were demanded +at certain times of the day and on certain occasions. The entries +of exhibitors, attendants and officials totalled 9,000,000. The +receipts were 114,456,213 francs (£4,578,249), and the expenditure +116,500,000 (£4,660,000), leaving a deficiency of rather +more than two millions of francs (£80,000). It was calculated +that the expenditure of the foreign nations which took part in +the exhibition was six millions sterling, and of the French +exhibitors and concessionaires three millions sterling.</p> + +<p>A new plan of classifying exhibits was adopted at Paris, all +being displayed according to their nature, and not according to +their country of origin, as had been the system at previous +exhibitions. One-half the space in each group was allotted to +France, so that the exhibitors of that nation were enabled to +overwhelm their rivals by the number and magnitude of the +objects displayed by them. All the agricultural implements, +whatever their nationality, were in one place, all the ceramics +in another, so that there was no exclusively British and no +exclusively German court. The only exception to this rule was +in the Trocadero, where the French, British, Dutch, and Portuguese +Colonies, Algeria, Tunis, Siberia, the South African +Republic, China and Japan were allowed to erect at their own +cost separate pavilions. The greater number of the nationalities +represented had palaces of their own in the rue des Nations along +the Quai d’Orsay, in which thoroughfare were to be seen the +buildings erected by Italy, Turkey, the United States, Denmark, +Portugal, Austria, Bosnia, Herzegovina, Peru, Hungary, the +United Kingdom, Persia, Belgium, Norway, Luxemburg, +Finland, Germany, Spain, Bulgaria, Monaco, Sweden, Rumania, +Greece, Servia and Mexico. Scattered about the grounds, in +addition to those in the Trocadero, were the buildings of San +Marino, Morocco, Ecuador and Korea. Nearly every civilized +country in the world was represented at the exhibition, the most +conspicuous absentees being Argentina, Brazil, Chile, and some +other South and Central American Republics, and a number +of the British colonies. The most noteworthy attractions of the +exhibition were the magnificent effects produced by electricity +in the palace devoted to it in the Chateau d’Eau and in the Hall +of Illusions, the two palaces of the Fine Arts in the Champs +Elysées, and the Bridge over the Seine dedicated to the memory +of Alexander II. These permanent Fine Art palaces were +devoted, the one to modern painting and sculpture, the +other to the works of French artists and art workmen who +flourished from the dawn of French art up to the end of the 18th +century.</p> + +<p>The United Kingdom was well but not largely represented +both in Fine Arts and Manufactures, the administration of the +section being in the hands of a royal commission, presided over +by the prince of Wales. The British pavilion contained an +important collection of paintings of the British school, chiefly +by Reynolds, Gainsborough and their contemporaries, and by +Turner and Burne-Jones. Special buildings had been erected +by the British colonies and by British India. Canada, West +Australia and Mauritius occupied the former, India and Ceylon +the latter. For the first time since the war of 1870 Germany +took part in a French International Exhibition, and the exhibits +showed the great industrial progress which had been made since +the foundation of the empire in 1870. The United States made +a fine display, and fairly divided the honours with Germany. Remarkable +progress was manifested in the exhibits of Canada and +Hungary. France maintained her superiority in all the objects +in which good taste was the first consideration, but the more +utilitarian exhibits were more remarkable for their number than +<span class="pagenum"><a name="page71" id="page71"></a>71</span> +their quality, except those connected with electrical work and +display, automobiles and iron-work. The number of exhibitors +in the industrial section from the British empire, including India +and the colonies, was 1250, who obtained 1647 awards, as many +persons exhibited in several classes. There were, in addition, +465 awards for “collaborateurs,” that is, assistants, engineers, +foremen, craftsmen and workmen who had co-operated in the +production of the exhibits. In the British Fine Arts section +there were 429 exhibits by 282 exhibitors and 175 awards.</p> + +<p>In later years, important international exhibitions have been +held at Glasgow, and at Buffalo, New York, in 1901, at St Louis +(commemorating the Louisiana purchase) in 1904, at Liége in +1905, at Milan in 1906, at Dublin in 1907, and in London (Franco-British), +1908. In the artistic taste and magnificence of their +buildings and the interest of their exhibits these took their cue +from the great Paris Exhibition, and even in some cases went +beyond it, notably at Buffalo (<i>q.v.</i>), St Louis (<i>q.v.</i>) and London. +And it might well be thought that the evolution of this type of +public show had reached its limits.</p> +<div class="author">(G. C. L.)</div> + +<hr class="foot" /> <div class="note"> + +<p><a name="ft1g" id="ft1g" href="#fa1g"><span class="fn">1</span></a> An “exhibition,” in the sense of a minor scholarship, or annual +payment to a student from the funds of a school or college, is a +modern survival from the obsolete meaning of “maintenance” or +“endowment” (cf. Late Lat. <i>exhibitio et tegumentum</i>, <i>i.e.</i> food and +raiment).</p> +</div> + + +<hr class="art" /> +<p><span class="bold">EXHUMATION<a name="ar62" id="ar62"></a></span> (from Med. Lat. <i>exhumare</i>; <i>ex</i>, out of, and +<i>humus</i>, ground), the act of digging up and removing an object +from the ground. The word is particularly applied to the +removal of a dead body from its place of burial. For the offence +of exhuming a body without legal authority, and the process of +obtaining such authority, see <span class="sc"><a href="#artlinks">Burial and Burial Acts</a></span>.</p> + + +<hr class="art" /> +<p><span class="bold">EXILARCH,<a name="ar63" id="ar63"></a></span> in Jewish history, “Chief or Prince of the +Captivity.” The Jews of Babylonia, after the fall of the first +temple, were termed by Jeremiah and Ezekiel the people of the +“Exile.” Hence the head of the Babylonian Jews was the +exilarch (in Aramaic <i>Resh Galutha</i>). The office was hereditary +and carried with it considerable power. Some traditions regarded +the last king of Davidic descent (Jehoiachin) as the first exilarch, +and all the later holders of the dignity claimed to be scions of the +royal house of Judah. Under the Arsacids and Sassanids the +office continued. In the 6th century an attempt was made to +secure by force political autonomy for the Jews, but the exilarch +who led the movement (Mar Zutra) was executed. For some time +thereafter the office was in abeyance, but under Arabic rule there +was a considerable revival of its dignity. From the middle of +the 7th till the 11th centuries the exilarchs were all descendants +of Bostanai, through whom “the splendour of the office was +renewed and its political position made secure” (Bacher). The +last exilarch of importance was David, son of Zakkai, whose +contest with Seadiah (<i>q.v.</i>) had momentous consequences. +Hezekiah (<i>c.</i> 1040) was the last Babylonian exilarch, though +the title left its traces in later ages. Benjamin of Tudela +(<i>Itinerary</i>, p. 61) names an exilarch Daniel b. Hisdai in the 12th +century. Petahiah (<i>Travels</i>, p. 17) records that this Daniel’s +nephew succeeded to the office jointly with a R. Samuel. The +latter, according to Petahiah, had a learned daughter who +“gave instruction, through a window, remaining in the house +while the disciples were below, unable to see her.”</p> + +<p>Our chief knowledge of the position and function of the +exilarch concerns the period beginning with the Arabic rule in +Persia. In the age succeeding the Mahommedan conquest the +exilarch was noted for the stately retinue that accompanied him, +the luxurious banquets given at his abode, and the courtly +etiquette that prevailed there. A brilliant account has come +down of the ceremonies at the installation of a new exilarch. +Homage was paid to him by the rabbinical heads of the colleges +(each of whom was called Gaon, <i>q.v.</i>); rich gifts were presented; +he visited the synagogue in state, where a costly canopy had +been erected over his seat. The exilarch then delivered a discourse, +and in the benediction or doxology (<i>Qaddish</i>) his name +was inserted. Thereafter he never left his house except in a +carriage of state and in the company of a large retinue. He +would frequently have audiences of the king, by whom he was +graciously received. He derived a revenue from taxes which he +was empowered to exact. The exilarch could excommunicate, +and no doubt had considerable jurisdiction over the Jews. A +spirited description of the glories of the exilarch is given in +D’Israeli’s novel <i>Alroy</i>.</p> + +<div class="condensed"> +<p>See Neubauer, <i>Mediaeval Jewish Chronicles</i>, ii. 68 seq.; Zacuto, +<i>Yuhasin</i>; Graetz, <i>Geschichte</i>, vols. iv.-vi.; Benjamin of Tudela, +<i>Itinerary</i>, ed. Adler, pp. 39 seq.; Bacher, <i>Jewish Encyclopaedia</i>, +vol. v. 288.</p> +</div> +<div class="author">(I. A.)</div> + + +<hr class="art" /> +<p><span class="bold">EXILE<a name="ar64" id="ar64"></a></span> (Lat. <i>exsilium</i> or <i>exilium</i>, from <i>exsul</i> or exul, which is +derived from <i>ex</i>, out of, and the root <i>sal</i>, to go, seen in <i>salire</i>, to +leap, <i>consul</i>, &c. ; the connexion with <i>solum</i>, soil, country is now +generally considered wrong), banishment from one’s native +country by the compulsion of authority. In a general sense +exile is applied to prolonged absence from one’s country either +through force of circumstances or when undergone voluntarily. +Among the Greeks, in the Homeric age, banishment (<span class="grk" title="phugê">φυγή</span>) was +sometimes inflicted as a punishment by the authorities for +crimes affecting the general interests, but is chiefly known in +connexion with cases of homicide. With these the state had +nothing to do; the punishment of the murderer was the duty +and privilege of the relatives of the murdered man. Unless the +relatives could be induced to accept a money payment by way +of compensation (<span class="grk" title="poinê">ποινή</span>, weregeld; see especially Homer, <i>Iliad</i>, +xviii. 497), in which case the murderer was allowed to remain in +the country, his only means of escaping punishment was flight +to a foreign land. If, during his self-imposed exile, the relatives +expressed their willingness to accept the indemnity, he was at +liberty to return and resume his position in society.</p> + +<p>In later times banishment is (1) a legal punishment for +particular offences; (2) voluntary.</p> + +<p>1. Banishment for life with confiscation of property was +inflicted upon those who destroyed or uprooted the sacred olives +at Athens; upon those who remained neutral during a sedition +(by a law of Solon, which subsequently fell into abeyance); upon +those who gave refuge to or received on board ship a man who +had fled to avoid punishment; upon those who wounded with +intent to kill and those who prompted them to such an act (it is +uncertain whether in this case exile was for life or temporary); +upon any one who wilfully murdered an alien; for impiety. +Certain political crimes were also similarly punished—treason, +laconism, sycophancy (see <span class="sc"><a href="#artlinks">Sycophant</a></span>), attempts to subvert +existing decrees. For the peculiar form of banishment called +<span class="sc"><a href="#artlinks">Ostracism</a></span>, see separate article.</p> + +<p>In cases of voluntary homicide the punishment was death; +but (except in cases of parricide) the murderer could leave the +country unmolested after the first day of the trial. He was +bound to remain outside Attica, and when on foreign soil was +not allowed to appear at the public games, to enter the temples +or take part in sacrifices; but provided that he adhered to the +prescribed regulations, he was accorded a certain amount of +protection. Even when a general amnesty was proclaimed, +he was not allowed to return; if he did so, he might at once be +put to death.</p> + +<p>Temporary exile (the period of which is uncertain) without +confiscation, was the punishment for involuntary homicide. As +soon as the relatives of the deceased became reconciled to the +man who had slain him, the latter was permitted to return; +further, since banishment was only temporary, it is reasonable to +suppose that the law insisted upon such reconciliation.</p> + +<p>2. Citizens sometimes voluntarily left the country for other +reasons (debt, inability to pay a fine). Since extradition was +only demanded in cases of high treason or other serious offences +against the state, the fugitive was not interfered with. He was +at liberty to return after a certain time had elapsed.</p> + +<p>Little is known about exile as it affected Sparta and other +Greek towns, but it is probable that the same conditions prevailed +as at Athens.</p> + +<p>At Rome, in early times, exile was not a punishment, but rather +a means of escaping punishment. Before judgment had been +finally pronounced it was open to any Roman citizen condemned +to death to escape the penalty by voluntary exile (<i>solum vertere +exsilii causa</i>). To prevent his return, he was interdicted from +the use of fire and water; if he broke the interdict and returned, +any one had the right to put him to death. The <i>aquae et ignis</i> +(to which <i>et tecti</i> “shelter” is sometimes added) <i>interdictio</i> is +variously explained as exclusion from the necessaries of life, +<span class="pagenum"><a name="page72" id="page72"></a>72</span> +from the symbols of civic communion, or from “the marks of +a pure society, which the criminal would defile by his further +use of them.” Subsequently (probably at the time of the +Gracchi) it became a recognized legal penalty, practically +equivalent to “exile,” taking the place of capital punishment. +The criminal was permitted to withdraw from the city <i>after</i> +sentence was pronounced; but in order that this withdrawal +might as far as possible bear the character of a punishment, his +departure was sanctioned by a decree of the people which +declared his exile permanent. Authorities are not agreed +whether this exile by interdiction entailed loss of <i>civitas</i>; according +to some this did not ensue until (as in earlier times) the +criminal had assumed the citizenship of the state in which he +had taken refuge and thereby lost his rights as a citizen of Rome, +while others hold that it was not until the time of Tiberius +(<span class="scs">A.D.</span> 23) that <i>capitis deminutio media</i> became the direct consequence +of trial and conviction. <i>Interdictio</i> was the punishment +for treason, murder, arson and other serious offences which came +under the cognizance of the <i>quaestiones perpetuae</i> (permanent +judicial commissions for certain offences); confiscation of +property was only inflicted in extreme cases.</p> + +<p>Under the Empire <i>interdictio</i> gradually fell into disuse and a +new form of banishment, introduced by Augustus, called <i>deportatio</i>, +generally <i>in insulam</i>, took its place. For some time the two +probably existed side by side. <i>Deportatio</i> consisted in transportation +for life to an island (or some place prescribed on the +mainland, not of Italy), accompanied by loss of <i>civitas</i> and all +civil rights, and confiscation of property. The most dreaded +places of exile were the islands of Gyarus, Sardinia, an oasis in the +desert (<i>quasi in insulam</i>) of Libya; Crete, Cyprus and Rhodes +were considered more tolerable. Large bodies of persons were +also transported in this manner; thus Tiberius sent 4000 +freedmen to Sardinia for Jewish or Egyptian superstitious +practices. <i>Deportatio</i> was originally inflicted upon political +criminals, but in course of time became more particularly a +means of removing those whose wealth and popularity rendered +them objects of suspicion. It was also a punishment for the +following offences: adultery, murder, poisoning, forgery, embezzlement, +sacrilege and certain cases of immorality.</p> + +<p><i>Relegatio</i> was a milder form of <i>deportatio</i>. It either excluded +the person banished from one specified district only, with +permission to choose a residence elsewhere, or the place of exile +was fixed. <i>Relegatio</i> could be either temporary or for life, but +it did not in either case carry with it loss of <i>civitas</i> or property, +nor was the exile under military surveillance, as in the case of +<i>deportatio</i>. Thus, Ovid, when in exile at Tomi, says (<i>Tristia</i>, +v. ii): “he (<i>i.e.</i> the emperor) has not deprived me of life, nor of +wealth, nor of the rights of a citizen ... he has simply ordered +me to leave my home.” He calls himself <i>relegatus</i>, not <i>exsul</i>.</p> + +<p>In later writers the word <i>exsilium</i> is used in the sense of all its +three forms—<i>aquae et ignis interdictio</i>, <i>deportatio</i> and <i>relegatio</i>.</p> + +<p>In England the first enactment legalizing banishment dates +from the reign of Elizabeth (39 Eliz. c. 4), which gave power +to banish from the realm “such rogues as are dangerous to the +inferior people.” A statute of Charles II. (18 Car. II. c. 3) gave +power to execute or to transport to America for life the mosstroopers +of Cumberland and Northumberland. Banishment or +transportation for criminal offences was regulated by an act of +1824 (5 Geo. IV. s. 84) and finally abolished by the Penal Servitude +Acts 1853 and 1857 (see further <span class="sc"><a href="#artlinks">Deportation</a></span>). The word +exile has sometimes, though wrongly, been applied to the sending +away from a country of those who are not natives of it, but who +may be temporary or even permanent residents in it (see <span class="sc"><a href="#artlinks">Alien</a></span>; +<span class="sc"><a href="#artlinks">Expatriation</a></span>; <span class="sc"><a href="#artlinks">Expulsion</a></span>).</p> + +<div class="condensed"> +<p><span class="sc">Bibliography.</span>—J.J. Thonissen, <i>Le Droit pénal de la république +athénienne</i> (Brussels, 1875); G.F. Schömann, <i>Griechische Altertümer</i> +(4th ed., 1897), p. 46; T. Mommsen, <i>Rönmisches Strafrecht</i> +(1899), pp. 68, 964, and <i>Römisches Staatsrecht</i> (1887), iii. p. 48; +L.M. Hartmann, <i>De exilio apud Rumanos</i> (Berlin, 1887); F. von +Holtzendorff-Vietmansdorf, <i>Die Deportationsstrafe im römischen +Alterthum</i> (Leipzig, 1859); articles in Smith’s <i>Dict. of Greek and +Roman Antiquities</i> (3rd ed., 1890) and Daremberg and Saglio’s <i>Dict. +des antiquités</i> (C. Lécrivain and G. Humbert).</p> +</div> + + +<hr class="art" /> +<p><span class="bold">EXILI,<a name="ar65" id="ar65"></a></span> an Italian chemist and poisoner in the 17th century. +His real name was probably Nicolo Egidi or Eggidio. Few +authentic details of his life exist. Tradition, however, credits him +with having been originally the salaried poisoner at Rome of +Olympia Maidalchina, the mistress of Pope Innocent X. Subsequently +he became a gentleman in waiting to Queen Christina +of Sweden, whose taste for chemistry may have influenced this +appointment. In 1663 his presence in France aroused the +suspicions of the French government, and he was imprisoned in +the Bastille. Here he is said to have made the acquaintance +of Godin de Sainte-Croix, the lover of the marquise de Brin-villiers +(<i>q.v.</i>). After three months’ imprisonment, powerful +influences secured Exili’s release, and he left France for England. +In 1681 he was again in Italy, where he married the countess +Fantaguzzi, second cousin of Duke Francis of Modena.</p> + + +<hr class="art" /> +<p><span class="bold">EXMOOR FOREST,<a name="ar66" id="ar66"></a></span> a high moorland in Somersetshire and +Devonshire, England. The uplands of this district are bounded +by the low alluvial plain of Sedgemoor on the east, by the lower +basin of the Exe on the south, by the basin of the Taw (in part) +on the west, and by the Bristol Channel on the north. The area +thus defined, however, includes not only Exmoor but the Brendon +and Quantock Hills east of it. Excluding these, the total area in +the district lying at an elevation exceeding 1000 ft. is about +120 sq. m. The geological formation is Devonian. The ancient +forest had an area of about 20,000 acres, and was enclosed in +1815. Large tracts are still uncultivated; and the wild red +deer and native Exmoor pony are characteristic of the district. +The highest point is Dunkery Beacon in the east (1707 ft.), but +Span Head in the south-west is 1618 ft., and a height of 1500 ft. +is exceeded at several points. The Exe, Barle, Lyn and other +streams, traversing deep picturesque valleys except in their +uppermost courses, are in favour with trout fishermen. The few +villages, such as Exford, Withypool and Simonsbath, with +Lynton and Lynmouth on the coast, afford centres for tourists +and sportsmen. Exmoor is noted for its stag hunting. The +district has a further fame through Richard Blackmore’s novel, +<i>Lorna Doone</i>.</p> + + +<hr class="art" /> +<p><span class="bold">EXMOUTH, EDWARD PELLEW,<a name="ar67" id="ar67"></a></span> <span class="sc">1st Viscount</span> (1757-1833), +English admiral, was descended from a family which came +originally from Normandy, but had for many centuries been +settled in the west of Cornwall. He was born at Dover, on the +19th of April 1757. At the age of thirteen he entered the navy, +and even then his smartness and activity, his feats of daring, and +his spirit of resolute independence awakened remark, and pointed +him out as one specially fitted to distinguish himself in his profession. +He had, however, no opportunity of active service till +1776, when, at the battle of Lake Champlain, his gallantry, +promptitude and skill, not only saved the “Carleton”—whose +command had devolved upon him during the progress of the +battle—from imminent danger, but enabled her to take a +prominent part in sinking two of the enemy’s ships. For his +services on this occasion he obtained a lieutenant’s commission, +and the command of the schooner in which he had so bravely +done his duty. The following year, in command of a brigade of +seamen, he shared in the hardships and perils of the American +campaign of General Burgoyne. In 1782, in command of the +“Pelican,” he attacked three French privateers inside the +Île de Batz, and compelled them to run themselves on shore—a +feat for which he was rewarded by the rank of post-captain. +On the outbreak of the French War in 1793, he was appointed to +the “Nymphe,” a frigate of 36 guns; and, notwithstanding +that for the sake of expedition she was manned chiefly by +Cornish miners, he captured, after a desperate conflict, the +French frigate “La Cléopâtre,” a vessel of equal strength. For +this act he obtained the honour of knighthood. In 1794 he +received the command of the “Arethusa” (38), and in a fight +with the French frigate squadron off the Île de Batz he compelled +the “Pomona” (44) to surrender. The same year the +western squadron was increased and its command divided, the +second squadron being given to Sir Edward Pellew in the “Indefatigable” +(44). While in command of this squadron he, on +several occasions, performed acts of great personal daring; +<span class="pagenum"><a name="page73" id="page73"></a>73</span> +and for his bravery in boarding the wrecked transport “Dutton,” +and his promptitude and resolution in adopting measures so as +to save the lives of all on board, he was in 1796 created a baronet. +In 1798 he joined the channel fleet, and in command of the +“Impétueux” (74) took part in several actions with great +distinction. In 1802 Sir Edward Pellew was elected member +of parliament for Dunstable, and during the time that he sat in +the Commons he was a strenuous supporter of Pitt. In 1804 +he was made rear-admiral of the blue, and appointed commander-in-chief +in India, where, by his vigilance and rapidity of movement, +he entirely cleared the seas of French cruisers, and secured +complete protection to English commerce. He returned to +England in 1809, and in 1810 was appointed commander-in-chief +in the North Sea, and in 1811 commander-in-chief in the Mediterranean. +In 1814 he was created Baron Exmouth of Canonteign, +and in the following year was made K.C.B., and a little later +G.C.B. When the dey of Algiers, in 1816, violated the treaty for +the abolition of slavery, Exmouth was directed to attack the +town. Accordingly, on the 26th of August, he engaged the Algerine +battery and fleet, and after a severe action of nine hours’ duration, +he set on fire the arsenal and every vessel of the enemy’s fleet, and +shattered the sea defences into ruins. At the close of the action +the dey apologized for his conduct, and agreed to a renewal of +the treaty, at the same time delivering up over three thousand +persons of various nationalities who had been Algerine slaves. +For this splendid victory Exmouth was advanced to the dignity +of viscount. Shortly before his death, which took place on the +23rd of January 1833, he was made vice-admiral.</p> + +<p>He had married Susan (d. 1837), daughter of James Frowde +of Knoyle, Wiltshire, who bore him four sons and two daughters. +His eldest son, Pownoll Bastard Pellew (1786-1833), became +2nd Viscount Exmouth, and his descendant, Edward Addington +Hargreaves Pellew (b. 1890), became the 5th viscount in 1899.</p> + +<p>Exmouth’s second son, Sir Fleetwood Broughton Reynolds +Pellew (1789-1861), was like his father an admiral. The third +son was George Pellew (1793-1866), author and divine, who +married Frances (d. 1870), daughter of the prime minister, +Lord Sidmouth, and wrote his father-in-law’s life (<i>The Life and +Correspondence of Henry Addington, 1st Viscount Sidmouth</i>, 1847).</p> + +<p>Exmouth had a brother, Sir Israel Pellew (1758-1832), also +an admiral, who was present at the battle of Trafalgar.</p> + +<div class="condensed"> +<p>A <i>Life</i> of the 1st viscount, by Edward Osler, was published in +1835.</p> +</div> + + +<hr class="art" /> +<p><span class="bold">EXMOUTH,<a name="ar68" id="ar68"></a></span> a market-town, seaport and watering-place in +the Honiton parliamentary division of Devonshire, England, +at the mouth of the river Exe, 10½ m. S.E. by S. of Exeter by +the London & South-Western railway. Pop. of urban district +(1901) 10,485. In the 18th century it consisted of a primitive +fishing village at the base of Beacon Hill, a height commanding +fine views over the estuary and the English Channel. After its +more modern terraces were built up the hillside, Exmouth became +the first seaside resort in Devon. Its excellent bathing and the +beauty of its coast and moorland scenery attract many visitors +in summer, while it is frequented in winter by sufferers from +pulmonary disease. The climate is unusually mild, as a range of +hills shelters the town on the east. A promenade runs along the +sea wall; there are golf links and public gardens, and the port +is a favourite yachting centre, a regatta being held annually. +Near the town is a natural harbour called the Bight. The local +industries include fishing, brick-making and the manufacture of +Honiton lace. Exmouth was early a place of importance, and +in 1347 contributed 10 vessels to the fleet sent to attack Calais. +It once possessed a fort or “castelet,” designed to command +the estuary of the Exe. This fort, which was garrisoned for the +king during the Civil War, was blockaded and captured by +Colonel Shapcoate in 1646.</p> + + +<hr class="art" /> +<p><span class="bold">EXODUS, BOOK OF,<a name="ar69" id="ar69"></a></span> in the Bible, a book of the Old Testament +which derives its name, through the Greek, from the event +which forms the most prominent feature of the history it +narrates, viz. the deliverance of Israel from Egypt. Strictly +speaking, however, this title is applicable to the first half only, +the historical portion of the book, and takes no account of those +chapters which describe the giving of the Law on Mt. Sinai, nor +of those which deal with the Tabernacle and its furniture. By +the Jews it is usually styled after its opening words <span title="We’eleh Shemoth">ואלה שמות</span> +(<i>We’ēleh Shĕmōth</i>) or, more briefly, <span title="Shemoth">שמות</span> (<i>Shĕmōth</i>).</p> + +<p>In its present form the book sets forth (<i>a</i>) the oppression of +the Israelites in Egypt (ch. i.), (<i>b</i>) the birth and education of +Moses, and his flight to the land of Midian (ch. ii.), (<i>c</i>) the theophany +at Mt. Horeb (the Burning Bush), and the subsequent +commission of Moses and Aaron (iii. 1-iv. 17), (<i>d</i>) the return of +Moses to Egypt, and his appeal to Pharaoh which results in the +further oppression of Israel (iv. 18-vii. 7), (<i>e</i>) the plagues of +Egypt (vii. 8-xi. 10), (<i>f</i>) the institution of the Passover and of +the Feast of Unleavened Cakes, the last plague, and Israel’s +departure from Egypt (xii. 1-xiii. 16), (<i>g</i>) the crossing of the +Red Sea and the discomfiture of the Egyptians, the Song of +Triumph, the sending of the manna and other incidents of the +journeying through the wilderness (xiii. 17-xviii. 27), (<i>h</i>) the +giving of the Law, including the Decalogue and the so-called +Book of the Covenant, on Sinai-Horeb (xix.-xxiv.), (<i>i</i>) directions +for the building of the Tabernacle and for the consecration of +the priests (xxv.-xxxi.), (<i>j</i>) the sin of the Golden Calf, and +another earlier version of the first legislation (xxxii.-xxxiv.), +(<i>k</i>) the construction of the Tabernacle and its erection (xxxv.-xl.). +The book of Exodus, however, like the other books of the Hexateuch, +is a composite work which has passed, so to speak, through +many editions; hence the order of events given above cannot +lay claim to any higher authority than that of the latest editor. +Moreover, the documents from which the book has been compiled +belong to different periods in the history of Israel, and each of +them, admittedly, reflects the standpoint of the age in which it +was written. Hence it follows that the contents of the book are +not of equal historical value; and though the claim of a passage +to be considered historical is not necessarily determined by the +age of the source from which it is derived, yet, in view of the +known practice of Hebrew writers, greater weight naturally +attaches to the earlier documents in those cases in which the +sources are at variance with one another. Any attempt, therefore, +at restoring the actual course of history must be preceded +by an inquiry into the source of the various contents of the book.</p> + +<p>The sources from which the book of Exodus has been compiled +are the same as those which form the basis of the book of Genesis, +while the method of composition is very similar. Here, too, the +strongly marked characteristics of P, or the Priestly Document, +as opposed to JE, enable us to determine the extent of that +document with comparative ease; but the absence, in some +cases, of conclusive criteria prevents any final judgment as to +the exact limits of the two strands which have been united in +the composite JE. The latter statement applies especially to +the legislative portions of the book: in the historical sections +the separation of the two sources gives rise to fewer difficulties. +It does not, however, lie within the scope of the present article +to examine the various sources underlying the narrative with +any minuteness, but rather to sum up those results of modern +criticism which have been generally accepted by Old Testament +scholars. To this end it will be convenient to treat the subject-matter +of the book under three main heads: (<i>a</i>) the historical +portion (ch. i.-xviii.), (<i>b</i>) the sections dealing with the giving of +the Law (xix.-xxiv., xxxii.-xxxiv.), and (<i>c</i>) the construction of +the Tabernacle and its furniture (xxv.-xxxi., xxxv.-xl.).</p> + +<div class="condensed"> +<p>(<i>a</i>) <i>Israel in Egypt and the Exodus</i> (ch. i.-xviii.). (1) i. 1-vii. 13.—The +analysis of these chapters shows that the history, in the main, +has been derived from the two sources J and E, chiefly the former, +and that a later editor has included certain passages from P, besides +introducing a slight alteration of the original order and other redactional +changes. The combined narrative of JE sets forth the +rise of a new king in Egypt, who endeavoured to check the growing +strength of the children of Israel; it thus prepares the way for the +birth of Moses, his early life in Egypt, his flight to Midian and +marriage with Zipporah, the theophany at Mt. Horeb, and his divine +commission to deliver Israel from Egypt.</p> + +<p>At the very outset the two sources betray their divergent origin +and point of view. According to J (i. 6, 8-12, 20<i>b</i>) the Israelites +dwell apart in the province of Goshen, and their numbers become +so great as to call for severe measures of repression, the method +employed being that of forced labour. E, on the other hand (i. 15-20<i>a</i>, +<span class="pagenum"><a name="page74" id="page74"></a>74</span> +21, 22), represents them as living among the Egyptians, and so +few in number that two midwives satisfy their requirements. It is +to this latter source that we owe the account of the birth of Moses +and of his education at the court of Pharaoh (ii. 1-10). On reaching +manhood Moses openly displays his sympathy with his brethren by +slaying an Egyptian, and has, in consequence, to flee to Midian, +where he marries Zipporah, the daughter of the priest of Midian +(ii. 11-22). In this section the editor has undoubtedly made use of +the parallel narrative of J, though it is impossible to determine the +exact point at which J’s account is introduced: certainly ii. 15<i>b</i>-22 +belong to that source.<a name="fa1h" id="fa1h" href="#ft1h"><span class="sp">1</span></a> The narrative of the call of Moses is by no +means uniform, and shows obvious traces of twofold origin (J iii. +2-4<i>a</i>, 5, 7, 8, 16-18; iv. 1-12 (13-16), 29-31; E iii. 1, 4<i>b</i>, 6, 9-14, +21, 22; iv. 17, 18, 20<i>b</i>, 27, 28). These two sources present striking +points of difference, which reappear in the subsequent narrative. +According to E, Moses with Aaron is to demand from Pharaoh the +release of Israel, which will be effected in spite of his opposition; +in assurance thereof the promise is given that they shall serve God +upon this mountain; moreover, the people on their departure are +to borrow raiment and jewels from their Egyptian neighbours. +According to J, on the other hand, the spokesmen are to be Moses +and the elders; and their request is for a temporary departure only, +viz. “three days’ journey into the wilderness”; their departure +from Egypt is a hurried one. Yet another difficulty, which disappears +as soon as the composite character of the narrative is recognized, +is that of the signs. In J three signs are given for the purpose +of reassuring Moses, only one of which is wrought with the rod (iv. +1-9), but in iv. 17 (E) the reference is clearly to entirely different +signs, probably the plagues of Egypt, which according to E were +invariably wrought by “the rod of God.” Further, it is questionable +if the passage iv. 13-16 really forms part of the original narrative +of J, and is not rather to be ascribed to the redactor of JE. The +name of Aaron has certainly been introduced by a later hand in J’s +account of the plague of frogs (viii. 12), and the only passage in J +in which Aaron is represented as taking an active part is iv. 29-31, +where the mention of his name causes no little difficulty.<a name="fa2h" id="fa2h" href="#ft2h"><span class="sp">2</span></a> In E, +on the other hand, Aaron is sent by God to meet Moses at Mt. +Horeb, after the latter had taken leave of Jethro, and, later on, +accompanies him into the presence of Pharaoh. The succeeding +narrative (v. 1-vi. 1) is mainly taken from J, though E’s account +of the first interview with Pharaoh has been partially retained in +v. 1, 2, 4. Moses and the elders ask leave to go three days’ journey +into the wilderness to sacrifice to Yahweh, a request which is met by +an increase of the burdensome work of brick-making: henceforward +the Israelites have to provide their own straw. The people complain +bitterly to Moses, who appeals to Yahweh and is assured by him +of the future deliverance of Israel “by a strong hand.”</p> + +<p>With the exception of the genealogical list (i. 1-5) and the brief +notices of the increase of Israel (i. 7) and of its oppression at the +hands of the Egyptians (i. 13, 14; ii. 23<i>b</i>-25), the narrative so far +exhibits no traces of P<a name="fa3h" id="fa3h" href="#ft3h"><span class="sp">3</span></a>. But in vi. 2-vii. 13 we are confronted +with a narrative which carries us back to ii. 23<i>b</i>-25 and gives practically +a parallel account to that of JE in ch. iii.-v. Thus the revelation +of the divine name, vi. 2f., finds its counterpart in iii. 10f., the message +to be delivered to Israel (vi. 6f.) is very similar to that of ch. iii. 16f., +while the demand which is to be addressed to Pharaoh is identical +with that which had been already refused in ch. v. No allusion, +however, is made by Moses to this previous demand; he merely +urges the same objection as that put forward in iv. 10f. With the +resumption<a name="fa4h" id="fa4h" href="#ft4h"><span class="sp">4</span></a> of the story in vi. 28f. Moses reiterates his objection, +and is told that Aaron shall be his “prophet” and speak for him, +and shall also perform the sign of the rod (cf. iv. 2-4). The sign, +however, has no effect on Pharaoh (vii. 13), and we thus reach the +same point in the narrative as at vi. 1. Apart from the literary +characteristics which clearly differentiate this narrative from the +preceding accounts of J and E, the following points of variation are +worthy of consideration: (1) The people refuse to listen to Moses; +(2) Aaron is appointed to be Moses’ spokesman, not with the <i>people</i>, +but with Pharaoh; (3) <i>one</i> sign is given (not <i>three</i>) and performed +before Pharaoh; (4) the rod is turned into a reptile (<i>tannīn</i>), not a +serpent (<i>nāhāsh</i>).</p> + +<p>(2) vii. 14-xi. 10. <i>The First Plagues of Egypt.</i>—In this section the +analysis again reveals three main sources, which are clearly marked +off from one another both by their linguistic features and by their +difference of representation. The principal source is J, from which +are derived six plagues, viz. killing of the fish in the river (vii. 14, +16, 17<i>a</i>, 18, 21<i>a</i>, 24, 25), frogs (viii. 1-4, 8-150), insects (viii. 20-32), +murrain (ix. 1-7), hail (ix. 13-18, 23<i>b</i>, 24<i>b</i>, 25b-34), locusts (x. 1<i>a</i>, +3-11, 13<i>b</i>, 14<i>b</i>, 15<i>a</i>, <i>c</i>-19, 24-26, 28, 29), the threat to slay all the +first-born (xi. 4-8). The most striking characteristic of this narrative +is that the plagues are represented as mainly due to natural causes +and follow a natural sequence. Thus Yahweh smites the river so +that the fish die and render the water undrinkable. This is succeeded +by a plague of frogs. The swarms of flies and insects, which +next appear, are the natural outcome of the decaying masses of +frogs, and these, in turn, would form a natural medium for the +spread of cattle disease. Destructive hailstorms, again, though rare, +are not unknown in Egypt, while the locusts are definitely stated +to have been brought by a strong east wind. Other distinctive +features of J’s narrative are: (1) Moses alone is bidden to interview +Pharaoh (vii. 14 f.; viii. 1 f., 20 f.; ix. 1 f., 13 f.; x. 1 f.); (2) on +each occasion he makes a formal demand; (3) on Pharaoh’s refusal +the plague is announced, and takes place at a fixed time without any +human intervention; (4) when the plague is sent, Pharaoh sends for +Moses and entreats his intercession, promising in most cases to +accede in part to his request; when the plague is removed, however, +the promise is left unfulfilled, the standing phrase being “and +Pharaoh’s heart was heavy (<span title="kaved">כבד</span>),” or “and Pharaoh made heavy +(<span title="hihbid">הכביד</span>) his heart”; (5) the plagues do not affect the children of Israel +in Goshen. E’s account (water turned into blood, vii. 15, 17<i>b</i>, 20<i>b</i>, +23; hail, ix. 22, 23<i>a</i>, 24<i>a</i>, 25<i>a</i>, 35; locusts, x. 12, 13<i>a</i>, 14<i>a</i>, 15<i>b</i>) +is more fragmentary, having been doubtless superseded in most cases +by the fuller and more graphic narrative of J, but the plague of +darkness (x. 20-23, 27) is found only in this source. As contrasted +with J the narrative emphasizes the miraculous character of the +plagues. They are brought about by “the rod of God,” which +Moses wields, the effect being instantaneous and all-embracing. +The Israelites are represented as living among the Egyptians, and +enjoy no immunity from the plagues, except that of darkness. +Their departure from Egypt is deliberate; the people have time to +borrow raiment and jewels from their neighbours. E regularly +uses the phrase “and Pharaoh’s heart was strong (<span title="hazak">חזק</span>),” or “and +Yahweh made strong (<span title="hizek">חיזק</span>) Pharaoh’s heart” and “he would not +let the children of Israel (or, them) go.” In the priestly narrative +(P) the plagues assume the form of a trial of skill between Aaron, +who acts at Moses’ command, and the Egyptian magicians, and thus +connect with vii. 8-13. The magicians succeed in turning the Nile +water into blood (vii. 19, 20<i>a</i>, 21<i>b</i>, 22), and in bringing up frogs +(viii. 5-7), but they fail to bring forth lice (viii. 15<i>b</i>-19), and are +themselves smitten with boils (ix. 8-12): the two last-named plagues +have no parallel either in J or E. Throughout the P sections +Aaron is associated with Moses, and the regular command given to +the latter is “Say unto Aaron”: no demand is ever made to +Pharaoh, and the description of the plague is quite short. The +formula employed by P is “and Pharaoh’s heart was strong (<span title="hazak">חזק</span>),” +or, “and Pharaoh made strong (<span title="hizek">חיזק</span>) his heart,” as in E, but it is +distinguished from E’s phrase by the addition of “and he hearkened +not unto them as Yahweh had spoken.”</p> + +<p>(3) xii. i-xiii. 16. <i>The Last Plague, the Deliverance from Egypt, +the Institution of the Passover and of the Feast of Unleavened Cakes, +the Consecration of the First-born.</i>—This section presents the usual +phenomena of a composite narrative, viz. repetitions and inconsistencies. +Thus J’s regulations for the Passover (xii. 21-23, 27<i>b</i>) seem +at first sight simply to repeat the commands given to Moses and +Aaron in xii. 1-13 (P), but in reality they are a parallel and divergent +account. In <i>vv.</i> 1-13 the choice of the lamb and the manner in +which it is to be eaten constitute the essential feature, the smearing +with the blood being quite secondary; in <i>vv.</i> 21 f. the latter point +is all-important, and no regulations are given for the paschal meal +(which, possibly, formed no part of J’s original account). Similarly +the institution of the Feast of <i>Mazzoth</i>, or Unleavened Cakes (xiii. +3-10J), does not form the sequel to the regulations laid down in xii. +<span class="pagenum"><a name="page75" id="page75"></a>75</span> +14-20 (P), but is independent of them: it omits all reference to +the “holy convocations” and to the abstinence from labour, and is +obviously simpler and more primitive. J’s account, again, makes +important exceptions (xiii. 11-13) to the severe enactment of P with +reference to the first-born (xiii. 1). The description of the smiting +of the first-born of Egypt is derived from J (xii. 29-34, 37-39), who +clearly sees in the Feast of <i>Mazzoth</i> a perpetual reminder of the +haste with which the Israelites fled from Egypt; the editor of JE, +however, has included some extracts from E (xii. 31, 35, 36), which +point to a more deliberate departure. The section has been worked +over by a Deuteronomistic editor, whose hand can be clearly traced +in the additions xii. 24-27<i>a</i>; xiii. 3<i>b</i>, 5, 8, 9, 14-16.</p> + +<p>(4) xiii. 17-xv. 21. <i>The Crossing of the Red Sea.</i>—According to J +the children of Israel departed from Egypt under the guidance of +Yahweh, who leads them by day in a pillar of cloud and by night in a +pillar of fire (xiii. 21, 22). On hearing of their flight Pharaoh at +once starts in pursuit. The Israelites, terrified by the approach of +the Egyptians, upbraid Moses, who promises them deliverance by +the hand of Yahweh (xiv. 5, 6,-7<i>b</i>, 10<i>a</i>, 11-14, 19<i>b</i>). Yahweh then +causes a strong east wind to blow all that night, which drives back +the waters from the shallows, and so renders it possible for the host +of Israel to cross over. The Egyptians follow, but the progress of +their chariots is hindered by the soft sand, and in the morning they +are caught by the returning waters (xiv. 21<i>b</i>, 24, 25, 27<i>b</i>, 28<i>b</i>, 30). +The story, however, has been combined with the somewhat different +account of E, which doubtless covered the same ground, and also +with that of P. According to the former, Elohim did not permit the +Israelites to take the shorter route to Canaan by the Mediterranean +coast, for fear of the Philistines, but led them southwards to the +Red Sea, whither they were pursued by the Egyptians (xiii. 17-19). +The remainder of E’s account has only been preserved in a fragmentary +form (xiv. 7<i>aa</i>, 10<i>b</i>, 15<i>a</i>, 19<i>a</i>, 20<i>a</i>), from which it may be +gathered that Moses divided the waters by stretching out his rod, +thus presupposing that the crossing took place by day, and that +the dark cloud which divided the two hosts was miraculously caused +by the angel of God. P also represents the sea as divided by means +of Moses’ rod, but heightens the effect by describing the crossing as +taking place between walls of water (xiii. 20; xiv. 1-4, 8, 9, 15<i>b</i>, +16<i>b</i>-18, 21<i>a</i>, <i>c</i>, 22, 23, 26, 27<i>a</i>, 28<i>a</i>, 29).</p> + +<p>J’s version of the Song of Moses probably does not extend beyond +xv. 1, and has its counterpart in the very similar song of Miriam (E), +in <i>vv.</i> 20, 21. The rest of the song (<i>vv.</i> 2-18) is probably the work +of a later writer; for these verses set forth not only the deliverance +from Egypt, but also the entrance of Israel into Canaan (<i>vv.</i> 13-17), +and further presuppose the existence of the temple (<i>vv.</i> 13<i>b</i>, 17<i>b</i>). +These phenomena have been explained as due to later expansion, +but the poem has all the appearance of being a unity, and the +language, style and rhythm all point to a later age. Verse 19 is +probably the work of the redactor (R<span class="sp">P</span>) who inserted the song.</p> + +<p>(5) xv. 22-xviii. 27. <i>Incidents in the Wilderness.</i>—The narrative +of the first journeying in the wilderness (xv. 22-xvii. 7) presents a +series of difficulties which probably owe their origin to the editorial +activity of R<span class="sp">P</span>, who appears to have transferred to the beginning +of the wanderings a number of incidents which rightly belong to the +end. The concluding verses of ch. xv. contain J’s account of the +sweetening of the waters of Marah, with which has been incorporated +a fragment of E’s story of Massah (xv. 25<i>b</i>) and a Deuteronomic +expansion in v. 26. Then follows (ch. xvi.) P’s version of the sending +of the manna and quails. In its present form, this narrative contains +a number of conflicting elements, which can only be the result +of editorial activity. Thus <i>vv.</i> 6, 7 must originally have preceded +vv. 11, 12, though the redactor has attempted to evade the difficulty +by inserting v. 8. Again, the account of the quails, which is obviously +incomplete, is undoubtedly derived from Num. xi.; but the latter +account, which admittedly belongs to JE, places the incident at +the end of the wanderings. Closer examination also of P’s narrative +of the manna shows that its true-position is <i>after</i> the departure +from Mt. Sinai; cf. the expressions used in <i>vv.</i> 9, 10, 33, 34, implying +the existence of the ark and the tabernacle. P’s account of the +manna, however, can hardly have stood originally in close juxtaposition +with his account of the quails (cf. Num. xi. 6), but the two +narratives were probably combined by R<span class="sp">P</span> before they were transferred +to their present position. The same redactor doubtless added +v. 8 (and possibly <i>vv.</i> 17, 18) by way of explanation, and <i>vv.</i> 5 and +22-30, which imply that the law of the Sabbath was already known, +and introduce a fresh element into the story. A plausible explanation +of R<span class="sp">P</span>’s action is supplied by the theory that an earlier +account of the giving of the manna already existed at this point of +the narrative. We know from Deuteronomy viii. 2 f., 16 that JE +contained an account of the manna, which included the explanation +of Ex. xvi. 15, and also emphasized, as the motive for the gift, +Yahweh’s desire “to prove thee (<i>i.e.</i> test thy disposition) ... +whether thou wouldst keep his commandments, or no.” Fragments +of this early story of Massah (testing) were incorporated by R<span class="sp">P</span> +in his story of the manna and the quails, viz. xv. 25<i>b</i>; xvi. 4, 15, +16<i>a</i>, 19<i>b</i>-21. These verses must be assigned to E, for in xvii. 3, 2c +(wherefore do ye tempt the Lord?), 7<i>a</i> (to <i>Massah</i>), <i>c</i> (because they +tempted ..., &c. ), we find yet another version (J) of the same +incident, according to which the people tempted (tested) Yahweh. +It was owing to the combination of this latter account with E’s +further description of the striving of the people for water at Meribah +that the double name Massah-Meribah arose, xvii. 1<i>b</i>-7 (1a belongs +to P), though Deut. xxxiii. 8 makes it clear that Massah and Meribah +were separate localities (cf. Deut. ix. 22, 2 f., 16, where Massah +occurs alone): P’s version of striving at Meribah, in which traces of +J’s account have been preserved, is given at Num. xx. 1-13.</p> + +<p>xvii. 8-16. <i>The Battle with Amalek at Rephidim.</i>—This incident is +derived from E, but is clearly out of place in its present context. +Its close connexion with the end of the wanderings is shown by (<i>a</i>) +the description of Moses as an infirm old man; (<i>b</i>) the rôle played +by Joshua in contrast with xxiv. 13, xxxiii. 11, where he is introduced +as a young man and Moses’ minister; and (<i>c</i>) the references +elsewhere to the home of the Amalekites: according to Num. xiii. +29, xiv. 25, xliii. 45, they dwelt in the S. or S.W. of Judah near +Kadesh (cf. 1 Sam. xv. 6 f., 30; Gen. xiv. 7; xxxvi. 12).</p> + +<p>Ch. xviii. <i>The visit of Jethro to Moses and the appointment of judges.</i>—This +story, like the preceding one, is mainly derived from E and is +also out of place. Allusions in the chapter itself point unmistakably +to a time just before the departure from Sinai-Horeb, and this date +is confirmed both by Deut. i. 9-16 and by the parallel account of J +in Num. x. 29-32. The narrative, however, displays signs of compilation, +and it is not improbable that R<span class="sp">JE</span> has incorporated in vv. +7-11 part of J’s account of the visit of Moses’ father-in-law (cf. the +use of Yahweh).</p> + +<p>(<i>b</i>) Ch. xix.-xxiv., xxxii., xxxiv.—The contents of these chapters, +which, owing to their contents, form the most important section in +the book of Exodus, may be briefly analysed as follows. In ch. xix. +we have a twofold description of the theophany on Mt. Sinai (or +Horeb), followed by the Decalogue in xx. 1-17. Alongside of this +code we find another, dealing in part with the civil and social (xxi. +2-xxii. 17), in part with the religious life of Israel, the so-called +Book of the Covenant, xx. 22-xxiii. 19. Ch. xxiv. contains a composite +narrative of the ratification of the covenant. In chs. xxxii. +and xxxiii. we have again two narratives of the sin of the people +and of Moses’ intercession, while in ch. xxxiv. we are confronted +with yet another early code, which is practically identical with the +religious enactments of xx. 22-26; xxii. 29, 30; xxiii. 10-19.</p> + +<p>With but few exceptions the <i>provenance</i> of the individual sections +may be said to have been finally determined by the labours of the +critics, but even a cursory examination of their contents makes it +evident that the sequence of events, which they now present, cannot +be original, but is rather the outcome of a long process of revision, +during which the text has suffered considerably from alterations, +omissions, dislocations and additions. Yet owing to the method of +composition employed by Hebrew editors, or revisers, it is possible +in this case, as in others, not only to determine the source of each +individual passage, but also to trace with considerable confidence +the various stages in the process by which it reached its final form +and position. It must, however, be admitted that the evidence +at our disposal is, in some cases, capable of more than one interpretation. +Hence a final conclusion can hardly be expected, but with +certain modifications in detail the following solution of the problem +may be accepted as representing the point of view of recent criticism.</p> + +<p>Ch. xix. contains two parallel accounts of the theophany on +Horeb-Sinai, from E and J respectively, which differ materially +from one another. According to the former, Moses is instructed by +God (Elohim) to sanctify the <i>people</i> against the third day (<i>vv.</i> 9<i>a</i>, +10, 11<i>a</i>). This is done and the people are brought by Moses to the +foot of the mountain (Horeb), where they hear the divine voice +(14-17, 19). A noticeable feature of this narrative, of which xx. +18-21 forms a natural continuation, is the fact that the theophany +is addressed to the <i>people</i>, who are too frightened to remain near +the mountain itself. In J, on the other hand, it is the <i>priests</i> who +are sanctified, and great care must be taken to prevent the people +from “breaking through to gaze” (20-22). In this account the +mountain is called “Sinai” throughout, and “Yahweh” appears +instead of “Elohim” (11<i>b</i>, 18, 20 f.). Moreover, Moses and Aaron +and the priests are summoned to the top of the mount (in v. 24b +render “thou and Aaron with thee, and the priests: but let not the +people,” &c. ). <i>Vv</i>. 3<i>b</i>-8, which have been expanded by a Deuteronomic +editor, have been transferred from their original context after +xx. 21; the introductory verses 1, 2<i>a</i> form part of P’s itinerary.</p> + +<p>Of the succeeding legislation in xx.-xxiii., xxxii.-xxxiv., undoubtedly +the earlier sections are xx. 22-26; xxii. 29, 30; xxiii. +10-19, and xxxiv. 10-26, which contain regulations with regard to +worship and religious festivals, and form the basis of the covenant +made by Yahweh with Israel on Sinai-Horeb, as recorded by E and J +respectively. The narrative which introduces the covenant laws +of J has been preserved partly in its present context, ch. xxxiv., +partly in xxiv. 1, 2, 9-11; the narrative of E, on the other hand, +has in part disappeared owing to the interpolation of later material, +in part has been retained in xxiv. 3-8. J’s narrative xxiv. 1 f., +9-11 clearly forms the continuation of xix. 20 f., 11<i>b</i>, 13, 25, but the +introductory words of <i>v.</i> 1, “and unto Moses he said,” point to some +omission. Originally, no doubt, it included the recital of the divine +instructions to the people in accordance with xix. 21 f., 11<i>b</i>-13, +the statement that Yahweh came down on the third day, and that a +long blast was blown on the trumpet (or ram’s horn [<span title="yovel">יבל</span>, as opposed +to <span title="shofar">שפר</span> E]). From xxiv. 1 f. we learn that Moses and Aaron, Nadab +and Abihu, and seventy of the elders were summoned to the top +<span class="pagenum"><a name="page76" id="page76"></a>76</span> +of the mountain, but that Moses alone was permitted to approach +Yahweh. Then followed the theophany, and, as the text stands, +the sacrificial meal (9-11).<a name="fa5h" id="fa5h" href="#ft5h"><span class="sp">5</span></a> The conclusion of J’s narrative is given +in ch. xxxiv.,<a name="fa6h" id="fa6h" href="#ft6h"><span class="sp">6</span></a> which describes how Moses hewed two tables of stone +at Yahweh’s command, and went up to the top of the mountain, +where he received the words of the covenant and wrote them on the +tables. As it stands, however, this chapter represents the legislation +which it contains as a renewal of a former covenant, also written +on tables of stone, which had been broken (1<i>b</i>, 4<i>a</i>). But the document +from which the chapter, as a whole, is derived, is certainly J, +while the previous references to tables of stone and to Moses’ breaking +them belong to the parallel narrative of E. Moreover, the covenant +here set forth (<i>v.</i> 10 f.) is clearly a new one, and contains no hint +of any previous legislation, nor of any breach of it by the people. +In view of these facts we are forced to conclude that 1<i>b</i> (“like unto +the first ... brakest”), 4<i>a</i> (“and he hewed ... the first”) and +<i>v.</i> 28 (“the ten words”) formed no part of the original narrative,<a name="fa7h" id="fa7h" href="#ft7h"><span class="sp">7</span></a> +but were inserted by a later Deuteronomic redactor. In the view +of this editor the Decalogue alone formed the basis of the covenant +at Sinai-Horeb, and in order to retain J’s version, he represented it +as a renewal of the tables of stone which Moses had broken.<a name="fa8h" id="fa8h" href="#ft8h"><span class="sp">8</span></a></p> + +<p>The legislation contained in xxxiv. 10-26, which may be described +as the oldest legal code of the Hexateuch, is almost entirely religious. +It prohibits the making of molten images (<i>v.</i> 17), the use of leaven +in sacrifices (25<i>a</i>), the retention of the sacrifice until the morning +(25<i>b</i>),<a name="fa9h" id="fa9h" href="#ft9h"><span class="sp">9</span></a> and the seething of a kid in its mother’s milk (26<i>b</i>); and +enjoins the observance of the three annual feasts and the Sabbath +(18<i>a</i>, 21-23), and the dedication of the first-born (19, 20, derived +from xiii. 11-13) and of the first-fruits (26<i>a</i>).</p> + +<p>The parallel collection of E is preserved in xx. 24-26, xxiii. 10-19, +to which we should probably add xxii. 29-31 (for which xxiii. 19<i>a</i> +was afterwards substituted). The two collections resemble one +another so closely, both in form and extent, that they can only be +regarded as two versions of the same code. E has, however, preserved +certain additional regulations with regard to the building of +altars (xx. 24-26) and the observance of the seventh year (xxiii. +10, 11), and omits the prohibition of molten images (xx. 22, 23, +appear to be the work of a redactor); xxiii. 20-33, the promises +attached to the observance of the covenant, probably formed no +part of the original code, but were added by the Deuteronomic +redactor; cf. especially <i>vv.</i> 23-25<i>a</i>, 27, 28, 31<i>b</i>-33. The narrative of +E relative to the delivery of these laws has disappeared,<a name="fa10h" id="fa10h" href="#ft10h"><span class="sp">10</span></a> but xxiv. +3-8 (which manifestly have no connexion with their immediate +context) clearly point back to some such narrative. These verses +describe how Moses wrote all the words of the Lord in a book and +recited them to the <i>people</i> (<i>v.</i> 7) as the basis of a covenant, which +was solemnly ratified by the sprinkling of the blood of the accompanying +sacrifices.</p> + +<p>In the existing text the covenant laws of E (xx. 24-26, xxii. 29-31, +xxiii. 10-19) are combined with a mass of civil and other legislation; +hence the title “Book of the Covenant” (referred to above, xxiv. 7) +has usually been applied to the whole section, xx. 22-xxiii. 33. But +this section includes three distinct elements: (<i>a</i>) the “words” +(<span title="hadvarim">הדברים</span>) found in xx. 24-26, xxii. 29-31, xxiii. 1-10; (<i>b</i>) the “judgments” +(<span title="hamishpatim">המשפטים</span>), xxi. 2-xxii. 17; and (<i>c</i>) a group of moral and +ethical enactments, xxii. 18-28, xxiii. 1-9; and an examination of +their contents makes it evident that, though the last two groups are +unmistakably derived from E, they cannot have formed part of the +original “Book of the Covenant”; for the “judgments,” which +are expressed in a hypothetical form, consist of a number of legal +decisions on points of civil law. The cases dealt with fall into five +divisions: (1) The rights of slaves, xxi. 2-11; (2) capital offences, +xxi. 12-16 (<i>v.</i> 17 has probably been added later); (3) injuries inflicted +by man or beast, xxi. 18-32; (4) losses incurred by culpable +negligence or theft, xxi. 33-xxii. 6; (5) cases arising out of deposits, +loans, seduction, xxii. 7-17. It is obvious, from their very nature, +that these legal precedents could not have been included in the +covenant which the <i>people</i> (xxiv. 3) promised to observe, and it is +now generally admitted that the words “and the judgments” +(which are missing in c. 1 <i>b</i>) have been inserted in xxiv. 3<i>a</i> by the +redactor to whom the present position of the “judgments” is due.<a name="fa11h" id="fa11h" href="#ft11h"><span class="sp">11</span></a> +The majority of critics, therefore, adopt Kuenen’s conjecture that +the “judgments” were originally delivered by Moses on the borders +of Moab, and that when D’s revised version of Ex. xxi.-xxiii. was +combined with JE, the older code was placed alongside of E’s other +legislation at Horeb. The third group of laws (xxii. 18-28, xxiii. +1-9) appears to have been added somewhat later than the bulk of +xxi.-xxiii. Some of the regulations are couched in hypothetical form, +but their contents are of a different character to the “judgments,” +<i>e.g.</i> xxii. 25 f., xxiii. 4 f.; others, again, are of a similar nature, but +differ in form, <i>e.g.</i> xxii. 18 f. Lastly, xxii. 20-24, xxiii. 1-3 set forth +a number of moral injunctions affecting the individual, which cannot +have found place in a civil code. At the same time, these additions +must for the most part be prior to D, since many of them are included in +Deut. xii.-xxvi., though there are traces of Deuteronomic revision.</p> + +<p>Now it is obvious that the results obtained by the foregoing +analysis of J and E have an important bearing on the history of the +remaining section of E’s legislation, viz. the Decalogue (<i>q.v.</i>), Ex. +xx. 1-17 (= Deut. v. 6-21). At present the “Ten Words” stand +in the forefront of E’s collection of laws, and it is evident that they +were already found in that position by the author of Deuteronomy, +who treated them as the sole basis of the covenant at Horeb. The +evidence, however, afforded (<i>a</i>) by the parallel version of Deuteronomy +and (<i>b</i>) by the literary analysis of J and E not only fails +to support this tradition, but excites the gravest suspicions as to +the originality both of the <i>form</i> and of the <i>position</i> in which the +Decalogue now appears. For when compared with Ex. xx. 1-17 +the parallel version of Deut. v. 6 ff. is found to exhibit a number +of variations, and, in particular, assigns an entirely different reason +for the observance of the Sabbath. But these variations are +practically limited to the explanatory comments attached to the +2nd, 4th, 5th and 10th commandments; and the majority of critics +are now agreed that these comments were added at a later date, +and that all the commandments, like the 1st and the 6th to the +9th, were originally expressed in the form of a single short sentence. +This view is confirmed by the fact that the additions, or comments, +bear, for the most part, a close resemblance to the style of D. They +can scarcely, however, have been transferred from Deuteronomy to +Exodus (or vice versa), owing to the variations between the two +versions: we must rather regard them as the work of a Deuteronomic +redactor. But the expansion and revision of the Decalogue were +not limited to the Deuteronomic school. Literary traces of J and E +in the 2nd, 3rd, 4th and 10th commandments point to earlier activity +on the part of R<span class="sp">JE</span>, while the addition of <i>v.</i> 11, which bases the +observance of the Sabbath on P ’s narrative of the Creation (Gen. ii. +1-3), can only be ascribed to a priestly writer: its absence from +Deut. v. 6 ff. is otherwise inexplicable. Thus the Decalogue, as +given in Exodus, would seem to have passed through at least three +stages before it assumed its present form. But even in its original +form it could hardly have formed part of E’s Horeb legislation; +for (<i>a</i>) both J and E have preserved a different collection of laws +(or “words”) inscribed by Moses, which are definitely set forth +as the basis of the covenant at Sinai-Horeb (Ex. xxxiv. 10, xxiv. +3 f.), and (<i>b</i>) the further legislation of E in ch. xx.-xxiii. affords +close parallels to all the commandments (except the 7th and the +10th), and a comparison of the two leaves no doubt as to which is +the more primitive. Hence we can only conclude that the Decalogue, +in its original short form, came into existence during the period after +the completion of E, but before the promulgation of Deuteronomy. +Its present position is, doubtless, to be ascribed to a redactor who +was influenced by the same conception as the author of Deuteronomy. +This redactor, however, did not limit the Horeb covenant to the +Decalogue, but retained E’s legislation alongside of it. The insertion +of the Decalogue, or rather the point of view which prompted its +insertion, naturally involved certain consequential changes of the +existing text. The most important of these, viz. the harmonistic +additions to ch. xxxiv., by means of which J’s version of the covenant +was represented as a renewal of the Decalogue, has already been discussed; +other passages which show traces of similar revision are +xxiv. 12-15<i>a</i>, 18<i>b</i>, and xxxiv. 1-6.</p> + +<p>The confusion introduced into the legislation by later additions, +with the consequent displacement of earlier material, has not been +without effect on the narratives belonging to the different sources. +Hence the sequence of events after the completion of the covenant +on Sinai-Horeb is not always easy to trace, though indications are +not wanting in both J and E of the probable course of the history. +The two main incidents that precede the departure of the children +of Israel from the mountain (Num. x. 29 ff.) are (1) the sin of the +people, and (2) the intercession of Moses, of both of which a double +account has been preserved.</p> + +<p><span class="pagenum"><a name="page77" id="page77"></a>77</span></p> + +<p>(1) <i>The Sin of the People.</i>—According to J (xxxii. 25-29) the +people, during the absence of Moses, “break loose,” <i>i.e.</i> mutiny. +Their behaviour excites the anger of Moses on his return, and in +response to his appeal the sons of Levi arm themselves and slay a +large number of the people: as a reward for their services they are +bidden to consecrate themselves to Yahweh. The fragmentary form +of the narrative—we miss especially a fuller account of the “breaking +loose”—is doubtless due to the latter editor, who substituted the +story of the golden calf (xxxii. 1-6, 15-24, 35), according to which the +sin of the people consisted in direct violation of the 2nd commandment. +At the instigation of the people Aaron makes a molten calf +out of the golden ornaments brought from Egypt; Moses and Joshua, +on their return to the camp, find the people holding festival in honour +of the occasion; Moses in his anger breaks the tables of the covenant +which he is carrying: he then demolishes the golden calf, and administers +a severe rebuke to Aaron. The punishment of the people +is briefly recorded in <i>v.</i> 35. This latter narrative, which is obviously +inconsistent with the story of J, shows unmistakable traces of E. +In its present form, however, it can hardly be original, but must +have been revised in accordance with the later Deuteronomic +conception which represented the sin committed by the people as +a breach of the 2nd commandment. Possibly <i>vv.</i> 7-14 are also to be +treated as a Deuteronomic expansion (cf. Deut. ix. 12-14). Though +they show clear traces of J, it is extremely difficult to fit them +into that narrative in view of Moses’ action in <i>vv.</i> 25-29 and of his +intercession in ch. xxxiii.; in any case, <i>vv.</i> 8 and 13 must be regarded +as redactional.</p> + +<p>(2) <i>Moses’ Intercession.</i>—The time for departure from the Sacred +Mount had now arrived, and Moses is accordingly bidden to lead +the people to the promised land. Yahweh himself refuses to accompany +Israel owing to their disobedience, but in response to Moses’ +passionate appeal finally consents to let his presence go with them. +The account of Moses’ intercession has been preserved in J, though +the narrative has undergone considerable dislocation. The true +sequence of the narrative appears to be as follows: Moses is commanded +to lead the people to Canaan (xxxiii. 1-3); he pleads that +he is unequal to the task (Num. xi. 10<i>c</i>, 11, 12, 14, 15), and, presumably, +asks for assistance, which is promised (omitted). Moses then +asks for a fuller knowledge of Yahweh and his ways (xxxiii. 12, 13): +this request also is granted (<i>v.</i> 17), and he is emboldened to pray that +he may see the glory of Yahweh; Yahweh replies that his prayer +can only be granted in part, for “man shall not see me and live”; +a partial revelation is then vouchsafed to Moses (xxxiii. 18-23, +xxxiv. 6-8): finally, Moses beseeches Yahweh to go in the midst +of his people, and is assured that Yahweh’s presence shall accompany +them (xxxiv. 9, xxxiii. 14-16). The passage from Numbers xi., +which is here included, is obviously out of place in its present context +(the story of the quails), and supplies in part the necessary antecedent +to Ex. xxxiii. 12, 13; the passage is now separated from +Ex. xxxiii. by Ex. xxxiv. (J), which has been wrongly transferred to +the close of the Horeb-Sinai incidents (see above), and by the priestly +legislation of Ex. xxxv.-xl., Leviticus and Num. i.-x.; but originally +it must have stood in close connexion with that chapter. A similar +displacement has taken place with regard to Ex. xxxiv. 6-9, which +clearly forms the sequel to xxxiii. 17-23. The latter passage, however, +can hardly represent the conclusion of the interview, which +is found more naturally in xxxiii. 14-16. E’s account of Moses’ +intercession seems to have been retained, in part, in xxxii. 30-34, +but the passage has probably been revised by a later hand; in any +case its position <i>before</i> instead of <i>after</i> the dismissal would seem to +be redactional.</p> + +<p>It is a plausible conjecture that the original narratives of J and E +also contained directions for the construction of an ark,<a name="fa12h" id="fa12h" href="#ft12h"><span class="sp">12</span></a> as a substitute +for the personal presence of Yahweh, and also for the erection +of a “tent of meeting” outside the camp, and that these commands +were omitted by R<span class="sp">P</span> in favour of the more elaborate instructions +given in ch. xxv.-xxix. (P). The subsequent narrative of J (Num. +x. 33-36, xiv. 44) implies an account of the making of the ark, while +the remarkable description in Ex. xxxiii. 7-11 (E) of Moses’ practice +in regard to the “tent of meeting” points no less clearly to some +earlier statement as to the making of this tent.</p> + +<p>The history of Exodus in its original form doubtless concluded +with the visit of Moses’ father-in-law and the appointment of judges +(ch. xviii.), the departure from the mountain and the battle with +Amalek (xvii. 8-16).</p> + +<p>(<i>c</i>) <i>The Construction of the Tabernacle and its Furniture</i> (ch. xxv.-xxxi., +xxxv.-xl.).—It has long been recognized that the elaborate +description of the Tabernacle and its furniture, and the accompanying +directions for the dress and consecration of the priests, contained in +ch. xxv.-xxxi., have no claim to be regarded as an historical presentment +of the Mosaic Tabernacle and its service. The language, +style and contents of this section point unmistakably to the hand of +P; and it is now generally admitted that these chapters form +part of an ideal representation of the post-exilic ritual system, +which has been transferred to the Mosaic age. According to this +representation, Moses, on the seventh day after the conclusion of +the covenant, was summoned to the top of the mountain, and there +received instructions with regard to (<i>a</i>) the furniture of the sanctuary, +viz. the ark, the table and the lamp-stand (ch. xxv.); (<i>b</i>) the Tabernacle +(ch. xxvi.); (<i>c</i>) the court of the Tabernacle and the altar of burnt-offering +(ch. xxvii.); (<i>d</i>) the dress of the priests (ch. xxviii.); (<i>e</i>) the +consecration of Aaron and his sons (xxix. 1-37); and (<i>f</i>) the daily +burnt-offering (xxix. 38-42): the section ends with a formal conclusion +(xxix. 43-46). The two following chapters contain further +instructions relative to the altar of incense (xxx. 1-10), the payment +of the half-shekel (11-16), the brazen laver (17-21), the anointing oil +(22-33), the incense (34-38), the appointment of Bezaleel and Oholiab +(xxxi. 1-11) and the observance of the Sabbath (12-17). It is hardly +doubtful, however, that these two chapters formed no part of P’s +original legislation, but were added by a later hand.<a name="fa13h" id="fa13h" href="#ft13h"><span class="sp">13</span></a> For (1) the +altar of incense is here mentioned for the first time, and was apparently +unknown to the author of ch. xxv.-xxix. Had he known of its +existence, he could hardly have failed to include it with the rest of +the Tabernacle furniture in ch. xxvi., and must have mentioned it at +xxvi. 34 f., where the relative positions of the contents of the Tabernacle +are defined: further, the ritual of the Day of Atonement (Lev. +xvi. referred to in xxx. 10) ignores this altar, and mentions only <i>one</i> +altar (cf. “<i>the</i> altar,” xxvii. 1), viz. that of burnt-offering; (2) the +command as to the half-shekel presupposes the census of Num. i., +and appears to have been unknown in the time of Nehemiah (Neh. +x. 32) (Heb. 33); (3) the instructions as to the brazen laver would +naturally be expected alongside of those for the altar of burnt-offering +in ch. xxvii.; (4) the following section relating to the anointing +oil presupposes the altar of incense (<i>v.</i> 28), and further extends +the ceremony of anointing to Aaron’s sons, though, elsewhere, the +ceremony is confined to Aaron (xxix. 7, Lev. viii. 12), cf. the title +“anointed priest” applied to the high priest (Lev. iv. 3, &c. ); +(5) the directions for compounding the incense connect naturally +with xxx. 1-10, while (6) the appointment of Bezaleel and Oholiah +cannot be separated from the rest of ch. xxx.-xxxi. The concluding +section on the Sabbath (xxxi. 12-17) shows marks of resemblance to +H (Lev. xvii.-xxvi.), especially in <i>vv.</i> 12-14<i>a</i>, which appear to have +been expanded, very possibly by the editor who inserted the passage. +The continuation of P’s narrative is given in xxxiv. 29-35, which +describe Moses’ return from the mount. The subsequent chapters +(xxxv.-xl.), however, can hardly belong to the original stratum of P, +if only because they presuppose ch. xxx., xxxi., and were probably +added at a later stage than the latter chapters. They narrate how +the commands of ch. xxv.-xxxi. were carried out, and practically +repeat the earlier chapters <i>verbatim</i>, merely the tenses being changed, +the most noticeable omissions being xxvii. 20 f. (oil for the lamps), +xxviii. 30 (Urim and Thummim), xxix. 1-37 (the consecration of the +priests, which recurs in Lev. viii.) and xxix. 38-42 (the daily burnt-offering). +Apart from the omissions the most striking difference +between the two sections is the variation in order, the different +sections of ch. xxv.-xxxi. being here set forth in their natural sequence. +The secondary character of these concluding chapters receives considerable +confirmation from a comparison of the Septuagint text. +For this version exhibits numerous cases of variation, both as regards +<i>order</i> and <i>contents</i>, from the Hebrew text; moreover the translation, +more particularly of many technical terms, differs from that of ch. +xxv.-xxxi., and seems to be the work of different translators. Hence +it is by no means improbable that the final recension of these chapters +had not been completed when the Alexandrine version was made.</p> + +<p><span class="sc">Authorities.</span>—In addition to the various English and German +commentaries on Exodus included under the head of the Pentateuch, +the following English works are especially worthy of mention: +S.R. Driver, <i>Introd. to the Literature of the O.T.</i>, and “Exodus” in +the <i>Camb. Bible</i>; B.W. Bacon, <i>The Triple Tradition of the Exodus</i> +(Hartford, U.S.A., 1894), and A.H. McNeile, <i>The Book of Exodus</i> +(Westminster Commentaries) (1908); also the articles on “Exodus” +by G. Harford-Battersby (Hastings, <i>Dict. Bib.</i> vol. i.) and by G.F. +Moore, <i>Ency. Biblica</i>, vol. ii.</p> +</div> +<div class="author">(J. F. St.)</div> + +<hr class="foot" /> <div class="note"> + +<p><a name="ft1h" id="ft1h" href="#fa1h"><span class="fn">1</span></a> The fact that the father-in-law of Moses is called Reuel in v. 18, +as contrasted with the name Jethro, which occurs in iii. 1 f. and in +all subsequent passages from E, cannot be taken as conclusive on +this point, since critics are agreed that “Reuel” in this verse is a +later addition: had it been original we should have expected the +name to be given at v. 16 rather than at v. 18. But, if no argument +can be based on the discrepancy between the two names, we may at +least assume that the namelessness of the priest in v. 16 f. points to +a different source for those verses from that of iii. 1 f. Elsewhere J +speaks of “Hobab, the son of Reuel the Midianite, Moses’ father-in-law” +(Num. x. 29); the addition, “the priest of Midian,” only occurs +in the (secondary) passages iii. 1, xviii. 1 (E). Probably RJE +omitted the name in ii. 16 and added “the priest of Midian” in +iii. 1, xviii 1, from harmonizing motives. Further, vv. 15<span class="sp">B</span>-22 +speak of <i>one</i> son being born to Moses at this period, a statement +which is borne out by iv. 20, 25 (“sons” in iv. 20 is obviously a +correction), whereas ch. xviii. (E) mentions <i>two</i> sons.</p> + +<p>The original order of events in J seems to have been as follows: +after the death of Pharaoh (ii. 23<i>a</i>; the Septuagint repeats this +notice before iv. 19) Moses returns to Egypt with his wife and son +(iv. 19, 20) in obedience to Yahweh’s command. On the way he is +seized with a sudden illness, which Zipporah attributes to the fact +that he has not been circumcised and seeks to avert by circumcising +her son (iv. 24-26). The scene of the theophany, therefore, according +to J, is to be placed on the way from Midian to Goshen. Probably +the displacement of iv. 19, 20, 24-26 is due to the editor of JE, who +was thus enabled to combine the two narratives of the theophany.</p> + +<p><a name="ft2h" id="ft2h" href="#fa2h"><span class="fn">2</span></a> Cf. iv. 30; Aaron had received no command to do the signs, +and the words “and he did the signs” are most naturally referred +to Moses.</p> + +<p><a name="ft3h" id="ft3h" href="#fa3h"><span class="fn">3</span></a> The expansion in iii. 8c, 15, 17b; iv. 22, 23, are probably the +work of a Deuteronomistic redactor.</p> + +<p><a name="ft4h" id="ft4h" href="#fa4h"><span class="fn">4</span></a> The genealogy of Moses and Aaron (vv. 14-27) appears to be a +later addition.</p> + +<p><a name="ft5h" id="ft5h" href="#fa5h"><span class="fn">5</span></a> Unless we follow Riedel and read simply “and worshipped” +(<span title="vaishtahavu">וישתחוו</span>) instead of “and drank” (<span title="vaishtu">וישתו</span>), treating “and ate” +(<span title="vaiohlu">ויאכלו</span>) as a later addition; cf. HDB, extra vol. p. 631 note.</p> + +<p><a name="ft6h" id="ft6h" href="#fa6h"><span class="fn">6</span></a> Vv. 6-9 are out of place here: they belong to the story of Moses’ +intercession in ch. xxxiii.</p> + +<p><a name="ft7h" id="ft7h" href="#fa7h"><span class="fn">7</span></a> This view is confirmed by (<i>a</i>) a comparison of v. lb (“and I will +write”) with vv. 27, 28; according to the latter, <i>Moses</i> wrote the +words of the covenant; and (<i>b</i>) the tardy mention of Moses in 4b; +the name would naturally be given at the beginning of the verse.</p> + +<p><a name="ft8h" id="ft8h" href="#fa8h"><span class="fn">8</span></a> Others suppose that the present position of ch. xxxiv. is due, in +the first instance, to RJE, but in view of the other Deuteronomic +expansions in vv. 10b-16, 23, 24, it is more probable that J’s version +was discarded by RJE in favour of E’s, and was afterwards restored +by RD.</p> + +<p><a name="ft9h" id="ft9h" href="#fa9h"><span class="fn">9</span></a> Reading “the sacrifice of my feasts” for “the sacrifice of the +feast of the Passover.”</p> + +<p><a name="ft10h" id="ft10h" href="#fa10h"><span class="fn">10</span></a> Unless, with Bacon, we are to regard xxiv. 12-14, 18b as original. +More probably a later editor has worked up old material of E (of +which there are unmistakable traces) in order to include the whole +of xx.-xxiii. in the covenant: xxiv. 15-18a are an addition from P.</p> + +<p><a name="ft11h" id="ft11h" href="#fa11h"><span class="fn">11</span></a> The present text of xxiv. 12 also has probably been transposed +in accordance with the view that the “judgment” formed part of +the covenant, cf. Deut. v. 31. Originally the latter part of the verse +must have run, “That I may give thee the tables of stone which I +have written, and may teach thee the law and the commandment.” +For further details see Bacon, <i>Triple Tradition of Exodus</i>, pp. +111 f., 132 f.</p> + +<p><a name="ft12h" id="ft12h" href="#fa12h"><span class="fn">12</span></a> According to Deut. x. 1 f., which is in the main a <i>verbal</i> excerpt +from Ex. xxxiv. 1 f., Yahweh ordered Moses to make an ark of acacia +wood <i>before</i> he ascended the mountain.</p> + +<p><a name="ft13h" id="ft13h" href="#fa13h"><span class="fn">13</span></a> To the same hand are to be ascribed also xxvii. 6, 20, 21; +xxviii. 41; xxix. 21, 38-41.</p> +</div> + + +<hr class="art" /> +<p><span class="bold">EXODUS, THE,<a name="ar70" id="ar70"></a></span> the name given to the journey (Gr. <span class="grk" title="exodos">ἔξοδος</span>) of +the Israelites from Egypt into Palestine, under the leadership +of Moses and Aaron, as described in the books of the Bible from +Exodus to Joshua. These books contain the great national epic +of Judaism relating the deliverance of the people from bondage +in Egypt, the overthrow of the pursuing Pharaoh and his army, +the divinely guided wanderings through the wilderness and the +final entry into the promised land. Careful criticism of the +narratives<a name="fa1i" id="fa1i" href="#ft1i"><span class="sp">1</span></a> has resulted in the separation of later accretions +from the earliest records, and the tracing of the elaboration of +older traditions under the influence of developing religious and +social institutions. In the story of the Exodus there have been +incorporated codes of laws and institutions which were to be +observed by the descendants of the Israelites in their future +<span class="pagenum"><a name="page78" id="page78"></a>78</span> +home, and these, really of later origin, have thus been thrown +back to the earlier period in order to give them the stamp of +authority. So, although a certain amount of the narrative +<i>could</i> date from the days of Moses, the Exodus story has been +made the vehicle for the aims and ideals of subsequent ages, +and has been adapted from time to time to the requirements +of later stages of thought. The work of criticism has brought +to light important examples of fluctuating tradition, singular +lacunae in some places and unusual wealth of tradition in others, +and has demonstrated that much of that which had long been +felt to be impossible and incredible was due to writers of the +post-exilic age many centuries after the presumed date of the +events.</p> + +<p>The book of Genesis closes with the migration of Jacob’s +family into Egypt to escape the famine in Canaan. Jacob died +and was buried in Canaan by his sons, who, however, returned +again to the pastures which the Egyptian king had granted +them in Goshen. Their brother Joseph on his death-bed promised +that God would bring them to the land promised to their forefathers +and solemnly adjured them to carry up his bones (Gen. 1.). +In the book of Exodus the family has become a people.<a name="fa2i" id="fa2i" href="#ft2i"><span class="sp">2</span></a> The +Pharaoh is hostile, and Yahweh, the Israelite deity, is moved +to send a deliverer; on the events that followed see <span class="sc"><a href="#artlinks">Exodus, +Book of</a></span>; <span class="sc"><a href="#artlinks">Moses</a></span>. It has been thought that dynastic changes +occasioned the change in Egyptian policy (<i>e.g.</i> the expulsion of +the Hyksos), but if the Israelites built Rameses and Pithom +(Ex. i. 11), cities which, as excavation has shown, belong to the +time of Rameses II. (13th century <span class="scs">B.C.</span>), earlier dates are inadmissible. +On these grounds the Exodus may have taken +place under one of his successors, and since Mineptah or +Merneptah (son of Rameses), in relating his successes in Palestine, +boasts that <i>Ysiraal</i> is desolated, it would seem that the Israelites +had already returned. On the other hand, it has been suggested +that when Jacob and his family entered Egypt, some Israelite +tribes had remained behind and that it is to these that Mineptah’s +inscription refers. The problem is complicated by the fact that, +from the Egyptian evidence, not only was there at this time +no remarkable emigration of oppressed Hebrews, but Bedouin +tribes were then receiving permission to enter Egypt and to +feed their flocks upon Egyptian soil. It might be assumed that +the Israelites (or at least those who had not remained behind +in Palestine) effected their departure at a somewhat later date, +and in the time of Mineptah’s successor, Seti II., there is an +Egyptian report of the pursuit of some fugitive slaves over the +eastern frontier. The value of all such evidence will naturally +depend largely upon the estimate formed of the biblical narratives, +but it is necessary to observe that these have not yet +found Egyptian testimony to support them. Although the +information which has been brought to bear upon Egyptian life +and customs substantiates the general accuracy of the local +colouring in some of the biblical narratives, the latter contain +several inherent improbabilities, and whatever future research +may yield, no definite trace of Egyptian influence has so far +been found in Israelite institutions.</p> + +<div class="condensed"> +<p>No allusions to Israelites in Egypt have yet been found on the +monuments; against the view that the Aperiu (or Apury) of the +inscriptions were Hebrews, see S.R. Driver in D.G. Hogarth, +<i>Authority and Archaeology</i>, pp. 56 sqq.; H.W. Hogg, <i>Ency. Bib.</i> col. +1310. The plagues of Egypt have been shown to be those to which +the land is naturally subject (R. Thomson, <i>Plagues of Egypt</i>), but +the description of the relations of Moses and Aaron to the court +raises many difficult questions (H.P. Smith, <i>O.T. Hist.</i> pp. 57-60). +Those who reject Ex. i. 11 and hold that 480 years elapsed between +the Exodus and the foundation of the temple (I Kings vi. 1, see +<span class="sc"><a href="#artlinks">Bible</a></span>: Chronology) place the former about the time of Tethmosis +(Thothmes) III., and suppose that the hostile Ḥabiri (Khabiri) who +troubled Palestine in the 15th century are no other than Hebrews +(the equation is philologically sound), <i>i.e.</i> the invading Israelites.<a name="fa3i" id="fa3i" href="#ft3i"><span class="sp">3</span></a> +But although the evidence of the Amarna tablets might thus support +the biblical tradition in its barest outlines, the view in question, if +correct, would necessitate the rejection of a great mass of the biblical +narratives as a whole.</p> +</div> + +<p>In the absence of external evidence the study of the Exodus +of the Israelites must be based upon the Israelite records, and +divergent or contradictory views must be carefully noticed. +Regarded simply as a journey from Egypt into Palestine it is the +most probable of occurrences: the difficulty arises from the +actual narratives. The first stage is the escape from the land of +Goshen (<i>q.v.</i>), the district allotted to the family of Jacob (Gen. +xlvi. 28-34, xlvii. 1, 4, 6).<a name="fa4i" id="fa4i" href="#ft4i"><span class="sp">4</span></a> As to the route taken across the +Red Sea (<i>Yam Sūph</i>) scholars are not agreed (see W.M. Müller, +<i>Ency. Bib.</i> col. 1436 sqq.); it depends upon the view held +regarding the second stage of the journey, the road to the +mountain of Sinai or Horeb and thence to Kadesh. The last-mentioned +place is identified with Ain Kadīs, about 50 m. south +of Beersheba; but the identification of the mountain is uncertain, +and it is possible that tradition confused two distinct places. +According to one favourite view, the journey was taken across +the Sinaitic peninsula to Midian, the home of Jethro. Others +plead strongly for the traditional site Jebel Mūsā or Serbāl in +the south of the peninsula (see J.R. Harris, <i>Dict. Bible</i>, iv. +pp. 536 sqq.; H. Winckler, <i>Ency. Bib.</i> col. 4641). The latter +view implies that the oppressed Israelites left Egypt for one +of its dependencies, and both theories find only conjectural +identifications in the various stations recorded in Num. xxxiii. +But this list of forty names, corresponding to the years of +wandering, is from a post-exilic source, and may be based +merely upon a knowledge of caravan-routes; even if it be of +older origin, it is of secondary value since it represents a tradition +differing notably from that in the earlier narratives themselves, +and these on inspection confirm Judg. xi. 16 seq., where the +Israelites proceed immediately to Kadesh.</p> + +<div class="condensed"> +<p>Ex. xvi.-xviii. presuppose a settled encampment and a law-giving, +and thus belong to a stage <i>after</i> Sinai had been reached (Ex. +xix. sqq.). They are closely related, as regards subject matter, &c. , +to the narratives in Num. x. 29-xi., xx. 1-13 (Sinai to Kadesh), +and the initial step is the recognition that the latter is their original +context (see G.F. Moore, <i>Ency. Bib.</i> col. 1443 [v.]). Further, +internal peculiarities associating events now at Sinai-Horeb with +those at Kadesh support the view that Kadesh was their true scene, +and it is to be noticed that in Ex. xv. 22 seq. the Israelites already +reach the wilderness of Shur and accomplish the three days’ journey +which had been their original aim (cf. Ex. iii. 18, v. 3, viii. 27). +The wilderness of Shur (Gen. xvi. 7, xx. 1; 1 Sam. xv. 7, xxvii. 8) +is the natural scene of conflicts with Amalekites (Ex. xvii. 8 sqq.), +and its sanctuary of Kadesh or En Mishpat (“well of judgment,” +Gen. xiv. 7) was doubtless associated with traditions of the giving +of statutes and ordinances. The détour to Sinai-Horeb appears to +belong to a later stage of the tradition, and is connected with the +introduction of laws and institutions of relatively later form. It is +foreshadowed by the injunction to avoid the direct way into Palestine +(see Ex. xiii. 17-19), since on reaching Kadesh the Israelites would +be within reach of hostile tribes, and the conflicts which it was proposed +to avoid actually ensued.<a name="fa5i" id="fa5i" href="#ft5i"><span class="sp">5</span></a> The forty years of wandering in +the wilderness is characteristic of the Deuteronomic and post-exilic +narratives; in the earlier sources the fruitful oasis of Kadesh is the +centre, and even after the tradition of a détour to Sinai-Horeb was +developed, only a brief period is spent at the holy mountain.</p> +</div> + +<p>From Kadesh spies were sent into Palestine, and when the +people were dismayed at their tidings and incurred the wrath +of Yahweh, the penalty of the forty years’ delay was pronounced +<span class="pagenum"><a name="page79" id="page79"></a>79</span> +(Num. xiii. seq.). Originally Caleb alone was exempt and for +his faith received a blessing; later tradition adds Joshua and +in Deut. i. 37 seq. alludes to some unknown offence of Moses. +According to Num. xxi. 1-3 the Israelites (a generalizing amplification) +captured Hormah, on the way to Beersheba, and +subsequently the clan Caleb and the Kenites (the clan of Moses’ +father-in-law) are found in Judah (Judg. i. 16). Although the +traditions regard their efforts as part of a common movement +(from Gilgal, see below), it is more probable that these (notably +Caleb) escaped the punishment which befell the rest of the +Israelites, and made their way direct from Kadesh into the +south of Palestine.<a name="fa6i" id="fa6i" href="#ft6i"><span class="sp">6</span></a> On the other hand, according to the prevailing +tradition, the attempt to break northwards was frustrated +by a defeat at Hormah (Num. xiv. 40-45), an endeavour to pass +Edom failed, and the people turned back to the <i>Yam Sūph</i> (here +at the head of the Gulf of Akabah) and proceeded up to the +east of Edom and Moab. Conflicting views are represented (on +which see <span class="sc"><a href="#artlinks">Moab</a></span>), but at length Shittim was reached and preparations +were made to cross the Jordan into the promised land. +This having been effected, Gilgal became the base for a series of +operations in which the united tribes took part. But again the +representations disagree, and to the overwhelming campaigns +depicted in the book of Joshua most critics prefer the account +of the more gradual process as related in the opening chapter of +the book of Judges (see <span class="sc"><a href="#artlinks">Jews</a></span>: <i>History</i>, § 8).</p> + +<p>Thus, whatever evidence may be supplied by archaeological +research, the problem of the Exodus must always be studied in +the light of the biblical narratives. That the religious life of +Israel as portrayed therein dates from this remote period cannot +be maintained against the results of excavation or against the +later history, nor can we picture a united people in the desert +when subsequent vicissitudes represent the union as the work of +many years, and show that it lasted for a short time only under +David and Solomon. During the centuries in which the narratives +were taking shape many profound changes occurred to affect +the traditions. Developments associated with the Deuteronomic +reform and the reorganization of Judaism in post-exilic days +can be unmistakably recognized, and it would be unsafe to +assume that other vicissitudes have not also left their mark. +Allowance must be made for the shifting of boundaries or of +spheres of influence (Egypt, Edom, Moab), for the incorporation +of tribes and of their own tribal traditions, and in particular +for other movements (<i>e.g.</i> from Arabia).<a name="fa7i" id="fa7i" href="#ft7i"><span class="sp">7</span></a> If certain clans +moved direct from Kadesh into Judah, it is improbable that +others made the lengthy détour from Kadesh by the Gulf of +Akabah, but this may well be an attempt to fuse the traditions +of two distinct migrations. Among the Joseph-tribes (Ephraim +and Manasseh), the most important of Israelite divisions, the +traditions of an ancestor who had lived and died in Egypt +would be a cherished possession, but although most writers +agree that not all the tribes were in Egypt, it is impossible to +determine their number with any certainty. At certain +periods, intercourse with Egypt was especially intimate, and +there is much in favour of the view that the name Mizraim +(Egypt) extended beyond the borders of Egypt proper. Reference +has already been made to other cases of geographical +vagueness, and one must recognize that in a body of traditions +such as this there was room for the inclusion of the most diverse +elements which it is almost hopeless to separate, in view of the +scantiness of relevant evidence from other sources, and the +literary intricacy of the extant narratives. That many different +beliefs have influenced the tradition is apparent from what has +been said above, and is especially noticeable from a study of the +general features. Thus, although the Israelites possessed cattle +(Ex. xvii. 3, xix. 13, xxiv. 5, xxxii. 6, xxxiv. 3; Num. xx. 19), +allusion is made to their lack of meat in order to magnify the +wonders of the journey, and among divinely sent aids to guide +and direct the people upon the march not only does Moses +require the assistance of a <i>human</i> helper (Jethro or Hobab), +but the angel, the ark, the pillar of cloud and of fire and the +mysterious hornet are also provided.</p> + +<div class="condensed"> +<p>In addition to the references already given, see J.W. Colenso, +<i>Pentateuch and Book of Joshua</i> (on internal difficulties); A. Jeremias, +<i>Alte Test. im Lichte d. alt. Orients</i><span class="sp">2</span> (pp. 402 sqq., on later references +in Manetho, &c. , with which cf. also R.H. Charles, <i>Jubilees</i>, p. +245 seq.); art. “Exodus” in <i>Ency. Bib.</i>; Ed. Meyer, <i>Israëliten</i> +(<i>passim</i>); Bönhoff, <i>Theolog. Stud. u. Krit.</i> (1907), pp. 159-217; +the histories of Israel and commentaries on the book of Exodus. +Among the numerous special works, mention may be made of +G. Ebers, <i>Durch Gosen zum Sinai</i>; E.H. Palmer, <i>Desert of the +Exodus</i>; O.A. Toffteen, <i>The Historic Exodus</i>; fuller information is +given in L.B. Paton, <i>Hist. of Syria and Palestine</i>, p. 34 (also ch. viii.); +and C.F. Kent, <i>Beginnings of Heb. Hist.</i> p. 355 seq.</p> +</div> +<div class="author">(S. A. C.)</div> + +<hr class="foot" /> <div class="note"> + +<p><a name="ft1i" id="ft1i" href="#fa1i"><span class="fn">1</span></a> See the articles on the books in question.</p> + +<p><a name="ft2i" id="ft2i" href="#fa2i"><span class="fn">2</span></a> There is a lacuna between the oldest traditions in Genesis and +those in Exodus: the latter beginning simply “and there arose a +new king over Egypt which knew not Joseph.” The interval between +Jacob’s arrival in Egypt and the Exodus is given varyingly as 400 +or 430 years (Gen. xv. 13, Ex. xii. 40 seq., Acts vii. 6); but the +Samaritan and Septuagint versions allow only 215 years (Ex. loc. cit.), +and a period of only four generations is presupposed in Gen. xv. 16 +(cf. the length of the genealogies between the contemporaries of +Joseph and those of Moses in Ex. vi. 16-20).</p> + +<p><a name="ft3i" id="ft3i" href="#fa3i"><span class="fn">3</span></a> Sec, <i>e.g.</i>, J. Orr, <i>Problem of the O.T.</i> pp. 422 sqq.; Ed. Meyer, <i>Die +Israëliten</i>, pp. 222 sqq. Some, too, find in the Amarna tablets +the historical background for Joseph’s high position at the Egyptian +court (see Cheyne, <i>Ency. Bib.</i> art. “Joseph”).</p> + +<p><a name="ft4i" id="ft4i" href="#fa4i"><span class="fn">4</span></a> For the varying traditions regarding the number of the people +and their residence (whether settled apart, cf., <i>e.g.</i>, Gen. xlvi. 34, +Ex. viii. 22, ix. 26, x. 23, or in the midst of the Egyptians) see the +recent commentaries.</p> + +<p><a name="ft5i" id="ft5i" href="#fa5i"><span class="fn">5</span></a> See further J. Wellhausen, <i>Prolegomena</i>, pp. 342 sqq.; G.F. +Moore, Ency. Bib. col. 1443; S.A. Cook, <i>Jew. Quart. Rev.</i> (1906), +pp. 741 sqq. (1907), p. 122, and art. <span class="sc"><a href="#artlinks">Moses</a></span>. Ex. xiii. 17-19 forbids +the compromise which would place Sinai-Horeb in the neighbourhood +of Kadesh (A.E. Haynes, <i>Pal. Explor. Fund, Quart. Statem.</i> +(1896), pp. 175 sqq.; C.F. Kent [see <i>Lit.</i> below], p. 381).</p> + +<p><a name="ft6i" id="ft6i" href="#fa6i"><span class="fn">6</span></a> So B. Stade, Steuernagel, Guthe, G.F. Moore, H.P. Smith, +C.F. Kent, &c. See <span class="sc"><a href="#artlinks">Caleb</a></span>; <span class="sc"><a href="#artlinks">Jerahmeel</a></span>; <span class="sc"><a href="#artlinks">Judah</a></span>; <span class="sc"><a href="#artlinks">Kenites</a></span>; +<span class="sc"><a href="#artlinks">Levites</a></span>; and <span class="sc"><a href="#artlinks">Jews</a></span>: <i>History</i>, §§ 5, 20 (end).</p> + +<p><a name="ft7i" id="ft7i" href="#fa7i"><span class="fn">7</span></a> An instructive parallel to the last-mentioned is afforded by +Dissard’s account of the migration of Arab tribes into Palestine in +the 18th century <span class="scs">A.D.</span> (<i>Revue biblique</i>, July 1905).</p> +</div> + + +<hr class="art" /> +<p><span class="bold">EXOGAMY<a name="ar71" id="ar71"></a></span> (Gr. <span class="grk" title="exô">ἔξω</span>, outside; and <span class="grk" title="gamos">γάμος</span>, marriage), the term +proposed by J.F. McLennan for the custom compelling marriage +“out of the tribe” (or rather “out of the totem”); its converse +is endogamy (<i>q.v.</i>). McLennan would find an explanation of +exogamy in the prevalence of female infanticide, which, “rendering +women scarce, led at once to polyandry within the tribe, +and the capturing of women from without.” Infanticide of +girls is, and no doubt ever has been, a very common practice +among savages, and for obvious reasons. Among tribes in a +primitive stage of social organization girl-children must always +have been a hindrance and a source of weakness. They had to be +fed and yet they could not take part in the hunt for food, and they +offered a temptation to neighbouring tribes. Infanticide, however, +is not proved to have been so universal as McLennan +suggests, and it is more probable that the reason of exogamy is +really to be found in that primitive social system which made +the “captured” woman the only wife in the modern sense of +the term. In the beginnings of human society children were +related only to their mother; and the women of a tribe were +common property. Thus no man might appropriate any female +or attempt to maintain proprietary rights over her. With women +of other tribes it would be different, and a warrior who captured +a woman would doubtless pass unchallenged in his claim to +possess her absolutely. Infanticide, the evil physical effects of +“in-and-in” breeding, the natural strength of the impulse to +possess on the man’s part, and the greater feeling of security +and a tendency to family life and affections on the woman’s, +would combine to make exogamy increase and marriages within +the tribe decrease. A natural impulse would in a few generations +tend to become a law or a custom, the violation of which would be +looked on with horror. Physical capture, too, as soon as increasing +civilization and tribal intercommunication removed the +necessity for violence, became symbolic of the more permanent +and individual relations of the sexes. An additional explanation +of the prevalence of exogamy may be found in the natural +tendency of exogamous tribes to increase in numbers and +strength at the expense of those communities which moved +towards decadence by in-breeding. Thus tradition would +harden into a prejudice, strong as a principle of religion, and +exogamy would become the inviolable custom it is found to be +among many races. In Australia, Sir G. Grey writes: “One +of the most remarkable facts connected with the natives is that +they are divided into certain great families, all the members of +which bear the same name ... these family names are common +over a great portion of the continent and a man cannot marry +a woman of his own family name.” In eastern Africa, Sir R. +Burton says: “The Somal will not marry one of the same, or +even of a consanguineous family,” and the Bakalahari have the +same rule. Paul B. du Chaillu found exogamy the rule and blood +marriages regarded as an abomination throughout western +Equatorial Africa. In India the Khasias, Juangs, Waralis, +Otaons, Hos and other tribes are strictly exogamous. The +Kalmucks are divided into hordes, and no man may marry a +woman of the same horde. Circassians and Samoyedes have +similar rules. The Ostiaks regard endogamy (marriage within +the clan) as a crime, as do the Yakuts of Siberia. Among +the Indians of America severe rules prescribing exogamy prevail. +The Tsimsheean Indians of British Columbia are divided into +<span class="pagenum"><a name="page80" id="page80"></a>80</span> +tribes and totems, or “crests which are common to all the tribes,” +says one writer. “The crests are the whale, the porpoise, the +eagle, the coon, the wolf and the frog.... The relationship +existing between persons of the same crest is nearer than that +between members of the same tribe.... Members of the same +tribe may marry, but those of the same crest are not allowed to +under any circumstances; that is, a whale may not marry a +whale, but a whale may marry a frog, &c.” The Thlinkeets, +the Mayas of Yucatan and the Indians of Guiana are exogamous, +observing a custom which is thus seen to exist throughout Africa, +in Siberia, China, India, Polynesia and the Americas.</p> + +<div class="condensed"> +<p><span class="sc">Authorities.</span>—J.F. McLennan, <i>Primitive Marriage</i> (1865), and +<i>Studies in Anc. Hist.</i> (1896); Lord Avebury, <i>Origin of Civilization</i> +(1902); Westermarck, <i>History of Human Marriage</i> (1894); A. Lang, +<i>Social Origins</i> (1903); L.H. Morgan, <i>Ancient Society</i> (1877); J.G. +Frazer, <i>Totemism and Exogamy</i> (1910); see also <span class="sc"><a href="#artlinks">Totem</a></span>.</p> +</div> + + +<hr class="art" /> +<p><span class="bold">EXORCISM<a name="ar72" id="ar72"></a></span> (Gr. <span class="grk" title="exorkizein">ἐξορκίζειν</span>, to conjure out), the expulsion +of evil spirits from persons or places by incantations, magical +rites or other means. As a corollary of the animistic theory of +diseases and of belief in Possession (<i>q.v.</i>), we find widely spread +customs whose object is to get rid of the evil influences. These +customs may take the form of a general expulsion of evils, +either once a year or at irregular intervals; the evils, which are +often regarded as spirits, sometimes as the souls of the dead, +may be expelled, according to primitive philosophy, either +immediately by spells, purifications or some form of coercion; +or they may be put on the back of a scapegoat or other material +vehicle. Among the means of compelling the evil spirits are +assaults with warlike weapons or sticks, the noise of musical +instruments or of the human voice, the use of masks, the invocation +of more powerful good spirits, &c. ; both fire and water are +used to drive them out, and the use of iron is a common means +of holding them at bay.</p> + +<p>The term exorcism is applied more especially to the freeing +of an individual from a possessing or disease-causing spirit; +the means adopted are frequently the same as those mentioned +above; in the East Indies the sufferer sometimes dances round +a small ship, into which the spirit passes and is then set adrift. +The patient may be beaten or means may be employed whose +efficiency depends largely on their suggestive nature. Among +the Dakota Indians the medicine-man chants <i>hi-le-li-lah!</i> at the +bed of the sick man and accompanies his chant with the rattle; +he then sucks at the affected part till the possessing spirit is +supposed to come out and take its flight, when men fire guns at it +from the door of the tent. The Zulus believe that they can get rid +of the souls of the dead, which cause diseases, by sacrifices of +cattle, or by expostulating with the spirits; so too the <i>shaman</i> or +magician in other parts of the world offers the possessing spirit +objects or animals.</p> + +<p>The professional exorcist was known among the Jews; in +Greece the art was practised by women, and it is recorded that +the mothers of Epicurus and Aeschines belonged to this class; +both were bitterly reproached, the one by the Stoics, the other +by Demosthenes, with having taken part in the practices in +question. The prominence of exorcism in the early ages of the +Christian church appears from its frequent mention in the +writings of the fathers, and by the 3rd century there was an order +of exorcists (see <span class="sc"><a href="#artlinks">Exorcist</a></span>). The ancient rite of exorcism in +connexion with baptism is still retained in the Roman ritual, as +is also a form of service for the exorcising of possessed persons. +The exorcist signs the possessed person with the figure of the +cross, desires him to kneel, and sprinkles him with holy water; +after which the exorcist asks the devil his name, and abjures him +by the holy mysteries of the Christian religion not to afflict the +person possessed any more. Then, laying his right hand on the +demoniac’s head, he repeats the form of exorcism as follows: +“I exorcise thee, unclean spirit, in the name of Jesus Christ; +tremble, O Satan, thou enemy of the faith, thou foe of mankind, +who hast brought death into the world, who hast deprived men +of life, and hast rebelled against justice, thou seducer of mankind, +thou root of evil, thou source of avarice, discord and envy.” +Houses and other places supposed to be haunted by unclean +spirits are likewise to be exorcised with similar rites, and in general +exorcism has a place in all the ceremonies for consecrating and +blessing persons or things (see <span class="sc"><a href="#artlinks">Benediction</a></span>).</p> + +<div class="condensed"> +<p>See Tylor, <i>Primitive Culture</i>; Skeat, <i>Malay Magic</i>, p. 427 seq.; +Frazer, <i>Golden Bough</i>, vol. iii. 189; Krafft, <i>Ausführliche Historie von +Exorcismus</i>; Koldeweg, <i>Der Exorcismus im Herzogthum Braunschweig</i>; +Brecher, <i>Das Transcendentale, Magie, etc. im Talmud</i>, pp. 195-203: +<i>Zeitschr. für Assyriologie</i> (Dec. 1893, April 1894); Herzog, +<i>Realencykl., s.v.</i> “Exorcismus”; Waldmeier, <i>Autobiography</i>, p. +64; L.W. King, <i>Babylonian Magic</i>; Maury, <i>La Magie</i>; R.C. +Thompson, <i>Devils and Evil Spirits of Babylonia</i>.</p> +</div> + + +<hr class="art" /> +<p><span class="bold">EXORCIST<a name="ar73" id="ar73"></a></span> (Lat. <i>exorcista</i>, Gr. <span class="grk" title="exorkistês">ἐξορκίστης</span>), in the Roman +Catholic church, the third grade in the minor orders of the clergy, +between those of acolyte and reader. The office, which involves +the right of ceremonially exorcising devils (see Exorcism), is +actually no more than a preliminary stage of the priesthood. +The earliest record of the special ordination of exorcists is the +7th canon of the council of Carthage (<span class="scs">A.D.</span> 256). “When they +are ordained,” it runs, “they receive from the hand of the +bishop a little book in which the exorcisms are written, receiving +power to lay hands on the <i>energumeni</i>, whether baptized or catechumens.” +Whatever its present position, the office of exorcist +was, until comparatively recent times, by no means considered +a sinecure. “The exorcist a terror to demons” (Paulinus, +<i>Epist.</i> 24) survived the Reformation among Protestants, with +the belief, expressed by Firmilianus in his epistle to St Cyprian, +that “through the exorcists, by the voice of man and the power +of God, the devil may be whipped, and burnt and tortured.”</p> + + +<hr class="art" /> +<p><span class="bold">EXOTIC<a name="ar74" id="ar74"></a></span> (Gr. <span class="grk" title="exôtikos">ἐξωτικός</span>, foreign, from <span class="grk" title="exô">ἔξω</span>, outside), of +foreign origin, or belonging to another country. The term is +now used in the restricted sense of something not indigenous +or native, and is mostly applied to plants introduced from +foreign countries, which have not become acclimatized. Figuratively, +“exotic” is used to convey the sense of something rare, +delicate or extravagant.</p> + + +<hr class="art" /> +<p><span class="bold">EXPATRIATION<a name="ar75" id="ar75"></a></span> (from Late Lat. <i>expatriare</i>, to exile, and +<i>patria</i>, native land), a term used in a general sense for the banishment +of a person from his own country. In international +law expatriation is the renunciation or change of allegiance to +one’s native or adopted country. It may take place either by a +voluntary act or by operation of law. Some countries, as France +and England, disclaim their subjects if they become naturalized +in another country, others, again, passively permit expatriation +whether a new nationality has been acquired or not; others, +as Germany, make expatriation the consequence of continued +absence from their territory. (See <span class="sc"><a href="#artlinks">Alien</a></span>; <span class="sc"><a href="#artlinks">Allegiance</a></span>; +<span class="sc"><a href="#artlinks">Naturalization</a></span>.)</p> + + +<hr class="art" /> +<p><span class="bold">EXPERT<a name="ar76" id="ar76"></a></span> (Lat. <i>expertus</i>, from <i>experiri</i>, to try), strictly, +skilled, or one who has special knowledge; as used in law, an +expert is a person, selected by a court, or adduced by a party +to a cause, to give his opinion on some point in issue with which +he is peculiarly conversant. In Roman law questions of disputed +handwriting were referred to experts; and in France, +whenever the court considers that a report by experts is necessary, +it is ordered by a judgment clearly setting forth the objects of +the <i>expertise</i> (Code Proc. Civ. art. 302). Three experts are then +to be appointed, unless the parties agree upon one only (art. +303). The experts are required to take an oath (art. 305), but +in practice this requirement is frequently dispensed with. They +may be challenged on the same grounds as witnesses (art. 310). +The necessary documentary and other evidence is laid before +them (art. 317), and they make a single report to the court, even +if they express different opinions: in that case the grounds only +of the different opinions are to be stated, and not the personal +opinion of each of the experts (art. 318). If the court is not +satisfied with the report, new experts may be appointed (art. +322); the judges are not bound to adopt the opinion of the +experts (art. 323). “This procedure in regard to experts is +common to both the civil and commercial courts, but it is much +more frequently resorted to in the commercial court than in +the civil court, and the investigation is usually conducted by +special experts officially attached to each of these courts” +(Bodington, <i>French Law of Evidence</i>, London, 1904, p. 102). +<span class="pagenum"><a name="page81" id="page81"></a>81</span> +A similar system is to be found in force in many other European +countries; see <i>e.g.</i> Codes of Civil Procedure of Holland, arts. +222 et seq.; Belgium, arts. 302 et seq.; Italy, arts. 252 et seq.; +as well as in those colonies where French law has been followed +(Codes of Civil Procedure of Quebec, arts. 392 et seq.; St Lucia, +arts. 286 et seq.). In Mauritius the articles of the French law, +summarized above, are still nominally in force; but in practice +each side calls its own expert evidence, as in England.</p> + +<p>There is some evidence that in England the courts were in early +times in the habit of summoning to their assistance, apparently +as assessors, persons specially qualified to advise upon any +scientific or technical question that required to be determined. +Thus “in an appeal of maihem (<i>i.e.</i> wounding) ... the court +did not know how to adjudge because the wound was new, and +then the defendant took issue and prayed the court that the +maihem might be examined, on which a writ was sent to the +sheriff to cause to come <i>medicos chirurgieos de melioribus London, +ad informandum dominum regem el curiam de his quae eis ex parte +domini regis injungerentur</i>” (Year Book, 21 Hen. VII. pl. 30, +p. 33). The practice of calling in expert assistance in judicial +inquiries was not confined to medico-legal cases. “If matters +arise,” said Justice Saunders in <i>Buckley</i> v. <i>Rice Thomas</i> (1554, +Plowden, 124 a), “which concern other faculties, we commonly +apply for the aid of that science or faculty which it concerns.” +English procedure, however, being <i>litigious</i>, and not, like +continental European procedure, <i>inquisitorial</i>, in its character, +the expert soon became, and still is, simply a witness to speak +to matters of opinion.</p> + +<p>There is a considerable body of law in England as to expert +evidence. Only a few points can be touched upon here. (1) +An expert is permitted to refresh his memory in regard to any +fact by referring to anything written by himself or under his +direction at the time when the fact occurred or at a time when +it was fresh in his memory. This is also law generally in the +United States (see <i>e.g.</i> New York Civil Code, s. 1843). In +Scotland, medical and other scientific reports are lodged in +process before the trial, and the witness reads them as part of his +evidence and is liable to be examined or cross-examined on their +contents. (2) In strictness, an expert will not be allowed, in +cases of alleged insanity, to say that a litigating or incriminated +party is insane or the reverse, and so to usurp the prerogative +of the court or jury. But he may be asked whether certain facts +or symptoms, <i>assuming them to be proved</i>, are or are not indicative +of insanity. But in practice this rule is relaxed both in England +and in Scotland, and (where it exists) to a still greater extent in +America. (3) Foreign law can only be proved in English +courts—and the same rule applies in Scotland—(<i>a</i>) by obtaining +an opinion on the subject from a superior court of the country +whose laws are in dispute under the Foreign Law Ascertainment +Act 1861 or the British Law Ascertainment Act 1859, or (<i>b</i>) by +the evidence of a lawyer of the country whose law is in question, +or who has studied it <i>in that country</i>, or of an official whose +position requires, and therefore presumes, a sufficient knowledge +of that law. (4) The weight of authority both in England and in +America supports the view that an expert is not bound to give +evidence as to matters of opinion unless upon an undertaking +by the party calling him to pay a reasonable remuneration for +his evidence.</p> + +<p>Statutory provision has been made in England for the summoning +of expert assistance by the legal tribunals in various cases. +In the county courts the judge may, if he thinks fit, on the +application of either party, call in as assessor one or more persons +of skill and experience as to the matters in dispute (County +Courts Act 1888, s. 103), and special provision is made for +calling in an assessor in employers’ liability cases (act of 1880, +s. 6) and admiralty matters (see County Courts Admiralty +Jurisdiction Acts of 1868 and 1869). In the High Court and +court of appeal one or more specially qualified assessors may be +called in to assist in the hearing of any cause or matter except a +criminal proceeding by the crown (Judicature Acts 1873, s. 56), +and a like power is given to both these courts and the judicial +committee of the privy council in patent cases (Patents, &c. , Act +1883., s. 28). Maritime causes, whether original or on appeal from +county courts, are usually taken in the presence of Elder Brethren +of the Trinity House, who advise the judge without having any +right to control or any responsibility for his decision (see the +“Beryl,” 1884, 9 P.D. 1), and on appeal in maritime causes +nautical assessories are usually called in by the court of appeal, +and may be called in by the House of Lords (Judicature Act +1891, s. 3); a like provision is made as to maritime causes +in Scottish courts (Nautical Assessors [Scotland] Act 1894). +The judicial committee of the privy council, besides its power +to call in assessors in patent cases, is authorized to call them +in in ecclesiastical causes (Appellate Jurisdiction Act 1876, s. 14).</p> + +<div class="condensed"> +<p>In addition to the authorities cited in the text, see Taylor, <i>Law of +Evidence</i> (9th ed., London, 1895); J.D. Lawson, <i>Law of Expert and +Opinion Evidence</i> (1900).</p> +</div> + + +<hr class="art" /> +<p><span class="bold">EXPLOSIVES,<a name="ar77" id="ar77"></a></span> a general term for substances which by certain +treatment “explode,” <i>i.e.</i> decompose or change in a violent +manner so as to generate force. From the manner and degree of +violence of the decomposition they are classified into “propellants” +and “detonators,” but this classification is not capable +of sharp delimitation. In some cases the same substance may be +employed for either purpose under altered external conditions; +but there are some substances which could not possibly be employed +as propellants, and others which can scarcely be induced +to explode in the manner known as “detonation.” A propellant +may be considered as a substance that on explosion produces +such a disturbance that neighbouring substances are thrown +to some distance; a detonator or disruptor may produce an +extremely violent disturbance within a limited area without +projecting substances to any great distance. Time is an important, +perhaps the most important, factor in this action. A +propellant generally acts by <i>burning</i> in a more or less rapid and +regular manner, producing from a comparatively small volume +a large volume of gases; during this action heat is also developed, +which, being expended mostly on the gaseous products, causes +a further expansion. The noise accompanying an explosion is +due to an air wave, and is markedly different in the case of +a detonator from a real propellant. Some cases of ordinary +combustion can be accelerated into explosions by increasing the +area of contact between the combustible and the oxygen supplier, +for instance, ordinary gas or dust explosions. Neither temperature +nor quantity of heat energy necessarily gives an explosive +action. Some metals, <i>e.g.</i> aluminium and magnesium, will, +in oxidizing, produce a great thermal effect, but unless there be +some gaseous products no real explosive action.</p> + +<p>Explosives may be mechanical mixtures of substances capable +of chemical interaction with the production of large volumes of +gases, or definite chemical compounds of a peculiar class known +as “endothermic,” the decomposition of which is also attended +with the evolution of gases in large quantity.</p> + +<div class="condensed"> +<p>All chemical compounds are either “endothermic” or “exothermic.” +In endothermic compounds energy, in some form, has +been taken up in the act of formation of the compound. Some of +this energy has become potential, or rather the compound formed +has been raised to a higher potential. This case occurs when two +elements can be united only under some compulsion such as a very +high temperature, by the aid of an electric current, or spark, or as a +secondary product whilst some other reactions are proceeding. +For example, oxygen and nitrogen combine only under the influence +of an electric spark, and carbon and calcium in the electric furnace. +The formation of chlorates by the action of chlorine on boiling potash +is a good instance of a complex compound (potassium chlorate), +being formed in small quantity as a secondary product whilst a +large quantity of primary and simpler products (potassium chloride +and water) is forming. In chlorate formation the greater part of the +reaction represents a running down of energy and formation of +exothermic compounds, with only a small yield of an endothermic +substance. Another idea of the meaning of endothermic is obtained +from acetylene. When 26 parts by weight of this substance are +burnt, the heat produced will warm up 310,450 parts of water 1° C. +Acetylene consists of 24 parts of carbon and 2 of hydrogen by weight. +The 24 parts of carbon will, if in the form of pure charcoal, heat +192,000 parts of water 1°, and the 2 parts of hydrogen will heat +68,000 parts of water 1°, the total heat production being 260,000 +heat units. Thus 26 grams of acetylene give an excess of 50,450 +units over the amount given by the constituents. This excess of +<span class="pagenum"><a name="page82" id="page82"></a>82</span> +heat energy<a name="fa1j" id="fa1j" href="#ft1j"><span class="sp">1</span></a> is due to some form of potential energy in the compound +which becomes actual heat energy at the moment of dissolution +of the chemical union. The manner in which a substance +is endothermic is of importance as regards the practical employment +of explosives. Some particular endothermic state or form results +from the mode of formation and the consequent internal structure +of the molecule. Physical structure alone can be the cause of a +relative endothermic state, as in the glass bulbs known as Rupert’s +drops, &c. , or even in chilled steel. Rupert’s drops fly in pieces +on being scratched or cut to a certain depth. The cause is undoubtedly +to be ascribed to the molecular state of the glass brought +about by chilling from the melted state. The molecules have not +had time to separate or arrange themselves in easy positions. In +steel when melted the carbide of iron is no doubt diffused equally +throughout the liquid. When cooled slowly some carbide separates +out more or less, and the steel is soft or annealed. When chilled +the carbides are retained in solid solution. The volume of chilled +glass or steel differs slightly from that in the annealed state.</p> + +<p>Superfused substances are probably in a similar state of physical +potential or strain. Many metallic salts, and organic compounds +especially, will exhibit this state when completely melted and then +allowed to cool in a clean atmosphere. On touching with a little +of the same substance in a solid state the liquids will begin to +crystallize, at the same time becoming heated almost up to their +melting-points. The metal gallium shows this excellently well, +keeping liquid for years until touched with the solid metal, when +there is a considerable rise of temperature as solidification takes +place.</p> + +<p>All carbon compounds, excepting carbon dioxide, and many if +not all compounds of nitrogen, are endothermic. Most of the explosives +in common use contain nitrogen in some form.</p> + +<p>Exothermic compounds are in a certain sense the reverse of +endothermic; they are relatively inert and react but slowly or not +at all, unless energy be expended upon them from outside. Water, +carbon dioxide and most of the common minerals belong to this +class.</p> +</div> + +<p>The explosives actually employed at the present time include +mixtures, such as gunpowders and some chlorate compositions, +the ingredients of which separately may be non-explosive; +compounds used singly, as guncotton, nitroglycerin (in the form +of dynamite), picric acid (as lyddite or melinite), trinitrotoluene, +nitrocresols, mercury fulminate, &c. ; combinations of some +explosive compounds, such as cordite and the smokeless propellants +in general use for military purposes; and, finally, +blasting and detonating or igniting compositions, some of +which contain inert diluting materials as well as one or more +high explosives. Many igniting compositions are examples +of the last type, consisting of a high explosive diluted with a +neutral substance, and frequently containing in addition a +composition which is inflamed by the explosion of the diluted +high explosive, the flame in turn igniting the actual propellant.</p> + +<p><i>Explosive Mixtures.</i>—The explosive mixture longest known +is undoubtedly gunpowder (<i>q.v.</i>) in some form—that is, a mixture +of charcoal with sulphur and nitre, the last being the oxygen +provider. Besides the nitrates of metals and ammonium nitrate, +there is a limited number of other substances capable of serving +in a sufficiently energetic manner as oxygen providers. A few +chlorates, perchlorates, permanganates and chromates almost +complete the list. Of these the sodium, potassium and barium +chlorates are best known and have been actually tried, in +admixture with some combustible substances, as practical explosives. +Most other metallic chlorates are barred from practical +employment owing to instability, deliquescence or other +property.</p> + +<p>Of the chlorates those of potassium and sodium are the most +stable, and mixtures of either of these salts with sulphur or +sulphides, phosphorus, charcoal, sugar, starch, finely-ground +cellulose, coal or almost any kind of organic, <i>i.e.</i> carbon, compound, +in certain proportions, yield an explosive mixture. +In many cases these mixtures are not only fired or exploded by +heating to a certain temperature, but also by quite moderate +friction or percussion. Consequently there is much danger in +manufacture and storage, and however these mixtures have +been made up, they are quite out of the question as propellants on +account of their great tendency to explode in the manner of a +detonator. In addition they are not smokeless, and leave a +considerable residue which in a gun would produce serious +fouling.</p> + +<p>Mixtures of chlorates with aromatic compounds such as the +nitro- or dinitro-benzenes or even naphthalene make very +powerful blasting agents. The violent action of a chlorate +mixture is due first to the rapid evolution of oxygen, and also +to the fact that a chlorate can be detonated when alone. A +drop of sulphuric acid will start the combustion of a chlorate +mixture. In admixture with sulphur, sulphides and especially +phosphorus, chlorates give extremely sensitive compositions, +some of which form the basis of friction tube and firing mixtures.</p> + +<p>Potassium and sodium perchlorates and permanganates +make similar but slightly less sensitive explosive mixtures with +the above-mentioned substances. Finely divided metals such as +aluminium or magnesium give also with permanganates, chlorates +or perchlorates sensitive and powerful explosives. Bichromates, +although containing much available oxygen, form but feeble +explosive mixtures, but some compounds of chromic acid with +diazo compounds and some acetylides are extremely powerful +as well as sensitive. Ammonium bichromate is a self-combustible +after the type of ammonium nitrate, but scarcely an +explosive.</p> + +<p><i>Explosive Compounds.</i>—Nearly all the explosive compounds +in actual use either for blasting purposes or as propellants are +nitrogen compounds, and are obtained more or less directly from +nitric acid. Most of the propellants at present employed consist +essentially of nitrates of some organic compound, and may be +viewed theoretically as nitric acid, the hydrogen of which has +been replaced by a carbon complex; such compounds are +expressed by M·O·NO<span class="su">2</span>, which indicates that the carbon group +is in some manner united by means of oxygen to the nitrogen +group. Guncotton and nitroglycerin are of this class. Another +large class of explosives is formed by a more direct attachment +of nitrogen to the carbon complex, as represented by M·NO<span class="su">2</span>. +A number of explosives of the detonating type are of this class. +They contain the same proportions of oxygen and nitrogen as +nitrites, but are not nitrites. They have been termed nitro-derivatives +for distinction. One of the simplest and longest-known +members of this group is nitrobenzene, C<span class="su">6</span>H<span class="su">5</span>NO<span class="su">2</span>, which +is employed to some extent as an explosive, being one ingredient +in rack-a-rock and other blasting compositions. The dinitro-benzenes, +C<span class="su">6</span>H<span class="su">4</span>(NO<span class="su">2</span>)<span class="su">2</span>, made from it are solids which are somewhat +extensively employed as constituents of some sporting +powders, and in admixture with ammonium nitrate form a blasting +powder of a “flameless” variety which is comparatively +safe in dusty or “gassy” coal seams.</p> + +<p>Picric acid or trinitrophenol, C<span class="su">6</span>H<span class="su">2</span>·OH·(NO<span class="su">2</span>)<span class="su">3</span> is employed +as a high explosive for shell, &c. It requires, however, either to +be enclosed and heated, or to be started by a powerful detonator +to develop its full effect. Its compounds with metals, such as +the potassium salt, C<span class="su">6</span>H<span class="su">2</span>·OK·(NO<span class="su">2</span>)<span class="su">3</span>, are when dry very easily +detonated by friction or percussion and <i>always</i> on heating, +whereas picric acid itself will burn very quietly when set fire +to under ordinary conditions. Trinitrotoluene, C<span class="su">6</span>H<span class="su">2</span>·CH<span class="su">3</span>·(NO<span class="su">2</span>)<span class="su">3</span>, +is a high explosive resembling picric acid in the manner of its explosion +(to which in fact it is a rival), but differs therefrom in not +forming salts with metals. The nitronaphthols, C<span class="su">10</span>H<span class="su">6</span>·OH·NO<span class="su">2</span>, +and higher nitration products may be counted in the list. Their +salts with metals behave much like the picrates.</p> + +<p>All these nitro compounds can be reduced by the action of +nascent hydrogen to substances called amines (<i>q.v.</i>), which are +not always explosive in themselves, but in some cases can form +nitrates of a self-combustible nature. Aminoacetic acid, for +instance, will form a nitrate which burns rapidly but quietly, and +might be employed as an explosive. By the action of nitrous acid +at low temperatures on aromatic amines, <i>e.g.</i> aniline, C<span class="su">6</span>H<span class="su">5</span>NH<span class="su">2</span>, +diazo compounds are produced. These are all highly explosive, +and when in a dry state are for the most part also extremely +sensitive to friction, percussion or heat. As many of these diazo +compounds contain no oxygen their explosive nature must be +ascribed to the peculiar state of union of the nitrogen. This +state is attempted to be shown by the formulae such as, for +<span class="pagenum"><a name="page83" id="page83"></a>83</span> +instance, C<span class="su">6</span>H<span class="su">5</span>·N:N·X, which maybe some compound of diazobenzene. +Probably the most vigorous high explosive at present +known is the substance called hydrazoic acid or azoimide (<i>q.v.</i>). +It forms salts with metals such as AgN<span class="su">3</span>, which explode in a +peculiar manner. The ammonium compound, NH<span class="su">4</span>N<span class="su">3</span>, may +become a practical explosive of great value.</p> + +<p>Mercuric fulminate, HgC<span class="su">2</span>N<span class="su">2</span>O<span class="su">2</span>, is one of the most useful +high explosives known. It is formed by the action of a solution +of mercurous nitrate, containing some nitrous acid, on alcohol. +It is a white crystalline substance almost insoluble in cold water +and requiring 130 times its weight of boiling water for solution. +It may be heated to 180° C. before exploding, and the explosion +so brought about is much milder than that produced by percussion. +It forms the principal ingredient in cap compositions, +in many fuses and in detonators. In many of these compositions +the fulminate is diluted by mixture with certain quantities of +inert powders so that its sensitiveness to friction or percussion +is just so much lowered, or slowed down, that it will fire another +mixture capable of burning with a hot flame. For detonating +dynamite, guncotton, &c. , it is generally employed without +admixture of a diluent.</p> + +<p><i>Smokeless Propellants.</i>—Gunpowders and all other explosive +mixtures or compounds containing metallic salts must form +smoke on combustion. The solids produced by the resolution +of the compounds are in an extremely finely-divided state, and on +being ejected into the atmosphere become more or less attached +to water vapour, which is so precipitated, and consequently adds +to the smoke. The simplest examples of propellants of the smokeless +class are compressed gases. Compressed air was the propellant +for the Zalinski dynamite gun. Liquefied carbon dioxide +has also been proposed and used to a slight extent with the same +idea. It is scarcely practical, however, because when a quantity +of a gas liquefied by pressure passes back again into the gaseous +state, there is a great absorption of heat, and any remaining +liquid, and the containing vessel, are considerably cooled. Steam +guns were tried in the American Civil War in 1864; but a steam +gun is not smokeless, for the steam escaping from the long tube +or gun immediately condenses on expansion, forming white mist +or smoke.</p> + +<p>At the earliest stage of the development of guncotton the +advantage of its smokeless combustion was fully appreciated +(see <span class="sc"><a href="#artlinks">Guncotton</a></span>). That it did not at once take its position +as <i>the</i> smokeless propellant, was simply due to its physical +state—a fibrous porous mass—which burnt too quickly or even +detonated under the pressure required in fire-arms of any kind. +In the early eighties of the 19th century it was found that several +substances would partly dissolve or at least gelatinize guncotton, +and the moment when guncotton proper was obtained as a +colloid or jelly was the real start in the matter of smokeless +propellants.</p> + +<p>Guncotton is converted into a gelatinous form by several +substances, such as esters, <i>e.g.</i> ethyl acetate or benzoate, acetone +and other ketones, and many benzene compounds, most of which +are volatile liquids. On contact with the guncotton a jelly is +formed which stiffens as the evaporation of the gelatinizing +agent proceeds, and finally hardens when the evaporation is +complete. Whilst in a stiff pasty state it may be cut, moulded +or pressed into any desired shape without any danger of ignition. +In fact guncotton in the colloid state may be hammered on an +anvil, and, as a rule, only the portion struck will detonate or fire. +Guncotton alone makes a very hard and somewhat brittle mass +after treatment with the gelatinizing agent and complete drying, +and small quantities of camphor, vaseline, castor oil and other +substances are incorporated with the gelatinous guncotton to +moderate this hard and brittle state.</p> + +<p>All the smokeless powders, of which gelatinized guncottons +or nitrated celluloses are the base, are moulded into some conveniently +shaped grain, <i>e.g.</i> tubes, cords, rods, disks or tablets, +so that the rate of burning may be controlled as desired. The +Vieille powder, invented in 1887 and adopted in France for a +magazine rifle, consisted of gelatinized guncotton with a little +picric acid. Later a mixture of two varieties of guncotton +gelatinized together was used. In addition to guncottons other +explosive or non-explosive substances are contained in some of +these powders. Guncotton alone in the colloid state burns very +slowly if in moderate-sized pieces, and when subdivided or made +into thin rods or strips it is still very mild as an explosive, partly +from a chemical reason, viz. there is not sufficient oxygen in it +to burn the carbon to dioxide. Many mixtures are consequently +in use, and many more have been proposed, which contain some +metallic salt capable of supplying oxygen, such as barium or +ammonium nitrate, &c. , the idea being to accelerate the rate of +burning of the guncotton and if possible avoid the production +of smoke.</p> + +<p>The discovery by A. Nobel that nitroglycerin could be incorporated +with collodion cotton to form blasting gelatin (see +<span class="sc"><a href="#artlinks">Dynamite</a></span>) led more or less directly to the invention of ballistite, +which differs from blasting gelatin only in the relative amounts of +collodion, or soluble nitrated cotton, and nitroglycerin. Ballistite +was adopted by the Italian government in 1890 as a military +powder. Very many substances and mixtures have been +proposed for smokeless powder, but the two substances, guncotton +and nitroglycerin, have for the most part kept the field +against all other combinations, and for several reasons. Nitroglycerin +contains a slight excess of oxygen over that necessary to +convert the whole of the carbon into carbon dioxide; it burns +in a more energetic manner than guncotton; the two can be +incorporated together in any proportion whilst the guncotton +is in the gelatinous state; also all the liquids which gelatinize +guncotton dissolve nitroglycerin, and, as these gelatinizing +liquids evaporate, the nitroglycerin is left entangled in the guncotton +jelly, and then shares more or less its colloidal character. +In burning the nitroglycerin is protected from detonation by the +gelatinous state of the guncotton, but still adds to the rate of +burning and produces a higher temperature.</p> + +<div class="condensed"> +<p><i>Desirable Qualities.</i>—Smokelessness is one only of the desirable +properties of a propellant. All the present so-called smokeless +powders produce a little fume or haze, mainly due to the condensation +of the steam which forms one of the combustion products. +There is often also a little vapour from the substances, such as oils, +mineral jelly, vaseline or other hydrocarbon added for lubrication or +to render the finished material pliable, &c. The gases produced +should neither be very poisonous nor exert a corrosive action on +metals, &c. The powder itself should have good keeping qualities, +that is, not be liable to chemical changes within ordinary ranges of +temperature or in different climates when stored for a few years. +In these powders slight chemical changes are generally followed by +noticeable ballistic changes. All the smokeless powders of the +present day produce some oxide of nitrogen, traces of which hang +about the gun after firing and change rapidly into nitrous and nitric +acids. Nitrous acid is particularly objectionable in connexion with +metals, as it acts as a carrier of oxygen. The fouling from modern +smokeless powders is a slight deposit of acid grease, and the remedy +consists in washing out the bore of the piece with an alkaline liquid. +The castor oil, mineral jelly or camphor, and similar substances +added to smokeless powders are supposed to act as lubricants to +some extent. They are not as effective in this respect as mineral +salts, and the rifling of both small-arms and ordnance using smokeless +powders is severely gripped by the metal of the projectile. The +alkaline fouling produced by the black and brown powders acted +as a preventive of rusting to some extent, as well as a lubricant in +the bore.</p> + +<p><i>Danger in Manufacture.</i>—In the case of the old gunpowders, +the most dangerous manufacturing operation was incorporation. +With the modern colloid propellants the most dangerous operations +are the chemical processes in the preparation of nitroglycerin, the +drying of guncotton, &c. After once the gelatinizing solvent has +been added, all the mechanical operations can be conducted, practically, +with perfect safety. This statement appears to be correct for +all kinds of nitrated cellulose powders, whether mixed with nitroglycerin +or other substances. Should they become ignited, which is +possible by a rise of temperature (to say 180°) or contact with a +flame, the mixture burns quickly, but does not detonate.</p> + +<p>As a rule naval and military smokeless powders are shaped into +flakes, cubes, cords or cylinders, with or without longitudinal perforations. +All the modifications in shape and size are intended to regulate +the rate of burning. Sporting powders are often coloured for trade +distinction. Some powders are blackleaded by glazing with pure +graphite, as is done with black powders. One object of this glazing +is to prevent the grains or pieces becoming joined by pressure; +for rods or pieces of some smokeless powders might possibly unite +under considerable pressure, producing larger pieces and thus +altering the rate of burning. Most smokeless powders are fairly +<span class="pagenum"><a name="page84" id="page84"></a>84</span> +insensitive to shock. All these gelatinized powders are a little less +easily ignited than black powders. A slightly different cap composition +is required for small-arm cartridges, and cannon cartridges +generally require a small primer or starter of powdered black gunpowder.</p> + +<p>It is desired that a propellant shall produce the maximum velocity +with the minimum pressure. The pressure should start gently so +that the inertia of the projectile is overcome without any undue +local strain on the breech near the powder chamber, and more +especially that as more and more space is given to the gases by the +movement of the projectile up the gun to the muzzle, gas should be +produced with sufficient rapidity to keep the pressure nearly uniform +or slightly increasing along the bore. The leading idea for improvements +in relation to propellants is to obtain the greatest possible +pressure regularly developed, and at the same time the lowest +temperatures.</p> +</div> +<div class="author">(W. R. E. H.)</div> + +<p><i>Law.</i>—In 1860 an act was passed in England “to amend the +law concerning the making, keeping and carriage of gunpowder +and compositions of an explosive nature, and concerning the +manufacture and use of fireworks” (23 & 24 Vict. c. 139), +whereby previous acts on the same subject were repealed, and +minute and stringent regulations introduced. Amending acts +were passed in 1861 and 1862. In 1875 was passed the Explosives +Act (38 & 39 Vict. c. 17), which repealed the former +acts, and dealt with the whole subject in a more comprehensive +manner. This act, containing 122 sections, and applying to +Scotland and Ireland, as well as to England, constitutes, with +various orders in council and home office orders, a complete code. +The act of 1875 was based on the report of a committee of the +House of Commons, public opinion having been greatly excited +on the subject by a terrible explosion on the Regent’s Canal in +1874. Explosives are thus defined: (1) Gunpowder, nitroglycerin, +dynamite, guncotton, blasting powders, fulminate of +mercury or of other metals, coloured fires, and every other +substance, whether similar to those above-mentioned or not, +used or manufactured with a view to produce a practical effect +by explosion or a pyrotechnic effect, and including (2) fog-signals, +fireworks, fuses, rockets, percussion caps, detonators, cartridges, +ammunition of all descriptions, and every adaptation or preparation +of an explosive as above defined. Part i. deals with gunpowder, +providing that it shall be manufactured only at factories +lawfully existing or licensed under the act; that it shall be kept +(except for private use) only in existing or new magazines or +stores, or in registered premises, licensed under the act. Private +persons may keep gunpowder for their own use to the amount of +thirty pounds. The act also prescribes rules for the proper keeping +of gunpowder on registered premises. Part ii. deals with +nitroglycerin and other explosives; part iii. with inspection, +accidents, search, &c. ; part iv. contains various supplementary +provisions. By order in council the term “explosive” may be +extended to any substance which appears to be specially dangerous +to life or property by reason of its explosive properties, or to +any process liable to explosion in the manufacture thereof, and +the provisions of the act then extend to such substance just as +if it were included in the term “explosive” in the act. The act +lays down minute and stringent regulations for the sale of gunpowder, +restricting the sale thereof in public thoroughfares or +places, or to any child apparently under the age of thirteen; +requiring the sale of gunpowder to be in closed packages labelled; +it also lays down general rules for conveyance, &c. The act also +gives power by order in council to define, from time to time, the +composition, quality and character of any explosive, and to +classify explosives, and such orders in council are frequently +made including new substances; those in force will be found in +the <i>Statutory Rules and Orders</i>, tit. “explosive substance.” The +Merchant Shipping Act 1894 imposes restrictions on the carriage +of dangerous goods in a British or foreign vessel, “dangerous +goods” meaning aquafortis, vitriol, naphtha, benzine, gunpowder, +lucifer matches, nitroglycerin, petroleum and any explosive +within the meaning of the Explosives Act 1875. The act is +administered by the home office, and an annual report is published +containing the proceedings of the inspectors of explosives +and an account of the working of the act. Each annual report +gives a list of explosives at the time authorized for manufacture +or importation, and appendices containing information as to +accidents, experiments, &c. </p> + +<p>Practically every European country has legislated on the lines +of the English act of 1875, Austria taking the lead, in 1877, with +an explosives ordinance almost identical with the English act. +The United States and the various English colonies also have +explosives acts regulating the manufacture, storage and importation +of explosives. (See also <span class="sc"><a href="#artlinks">Petroleum</a></span>.)</p> +<div class="author">(T. A. I.)</div> + +<div class="condensed"> +<p><span class="sc">Bibliography.</span>—M. Berthelot, <i>Sur la force des matières explosives</i> +(Paris, 1883); P.F. Chalon, <i>Les Explosifs modernes</i> (Paris, 1886); +W.H. Wardell, <i>Handbook of Gunpowder and Guncotton</i> (London, +1888); J.P. Cundill, <i>A Dictionary of Explosives</i> (London, 1889 and +1897); M. Eissler, <i>A Handbook of Modern Explosives</i> (London, 1896, +new ed. 1903); J.A. Longridge, <i>Smokeless Powder and its Influence +on Gun Construction</i> (London, 1890); C. Napier Hake and W. +Macnab, <i>Explosives and their Power</i> (London, 1892); G. Coralys, +<i>Les Explosifs</i> (Paris, 1893); A. Ponteaux, <i>La Poudre sans fumée +et les poudres anciennes</i> (Paris, 1893); F. Salvati, <i>Vocabolario di +polveri ed explosivi</i> (Rome, 1893); C. Guttmann, <i>The Manufacture +of Explosives</i> (London, 1895 and later); S.J. von Romocki, <i>Geschichte +der Sprengstoffchemie, der Sprengtechnik und des Torpedowesens bis +zum Beginn der neusten Zeit</i> (Berlin, 1895); <i>Geschichte der Explosivstoffe, +die rauchschwachen Pulver</i> (Berlin, 1896); P.G. Sanford, +<i>Nitro-explosives</i> (London, 1896); L. Gody, <i>Traité théorique et +pratique des matières explosives</i> (Namur, 1896); R. Wille, <i>Der +Plastomerite</i> (Berlin, 1898); E. Sarrau, <i>Introduction à la théorie +des explosifs</i> (1893); <i>Théorie des explosifs</i> (1896); O. Guttmann, +<i>Manufacture of Explosives</i> (London, 1895); E.M. Weaver, <i>Notes on +Military Explosives</i> (New York, 1906); M. Eissler, <i>The Modern High +Explosives</i> (New York, 1906); <i>Treatise on Service Explosives</i>, +published by order of the secretary of state for war (London, 1907). +Most of the literature on modern explosives, <i>e.g.</i> dynamite, &c. , +is to be found in papers contributed to scientific journals and societies. +An index to those which have appeared in the <i>Journal of the Society +of Chemical Industry</i> is to be found in the decennial index (1908) +compiled by F.W. Renant.</p> +</div> + +<hr class="foot" /> <div class="note"> + +<p><a name="ft1j" id="ft1j" href="#fa1j"><span class="fn">1</span></a> Not necessarily heat energy entirely. A number of substances—acetylides +and some nitrogen compounds, such as nitrogen chloride—decompose +with extreme violence, but <i>little heat</i> is produced.</p> +</div> + + +<hr class="art" /> +<p><span class="bold">EXPRESS<a name="ar78" id="ar78"></a></span> (through the French from the past participle of the +Lat. <i>exprimere</i>, to press out, by transference used of representing +objects in painting or sculpture, or of thoughts, &c. in words), a +word signifying that which is clearly and definitely set forth or +represented, explicit, and thus used of a meaning, a law, a contract +and the like, being specially contrasted with “implied.” +Thus in law, malice, for which there is actual evidence, as apart +from that which may be inferred from the acts of the person +charged, is known as “express.” The word is most frequently +used with the idea of something done with a definite purpose; +the term “express train,” now meaning one that travels at a +high speed over long distances with few intermediate stoppages, +was, in the early days of railways, applied to what is now usually +called a “special,” <i>i.e.</i> a train not running according to the +ordinary time-tables of the railway company, but for some +specific purpose, or engaged by a private person. About 1845 +this term became used for a train running to a particular place +without stopping. Similarly in the British postal service, +express delivery is a special and immediate delivery of a letter, +parcel, &c. , by an express messenger at a particular increased +rate. The system was adopted in 1891.</p> + +<p>In the United States of America, express companies for the +rapid transmission of parcels and luggage and light goods generally +perform the function of the post office or the railways in +the United Kingdom and the continent of Europe. Not only +do they deliver goods, but by the cash on delivery system (see +<span class="sc"><a href="#artlinks">Cash</a></span>) the express companies act as agents both for the purchaser +and seller of goods. They also serve as a most efficient agency +for the transmission of money, the express money order being +much more easily convertible than the postal money orders, as +the latter can only be redeemed at offices in large and important +towns. The system dates back to 1839, when one William +Frederick Harnden (1813-1845), a conductor on the Boston and +Worcester railway, undertook on his own account the carrying +of small parcels and the performance of small commissions. +Obliged to leave the company’s service or abandon his enterprise, +he started an “express” service between Boston and New +York, carrying parcels, executing commissions and collecting +drafts and bills. Alvin Adams followed in 1840, also between +Boston and New York. From 1840 to 1845 the system was +adopted by many others between the more important towns +<span class="pagenum"><a name="page85" id="page85"></a>85</span> +throughout the States. The attempt to carry letters also was +stopped by the government as interfering with the post office. +In 1854 began the amalgamation of many of the companies. +Thus under the name of the Adams Express Company the +services started by Harnden and Adams were consolidated. The +lines connecting the west and east by Albany, Buffalo and the +lakes were consolidated in the American Express Company, +under the direction of William G. Fargo (<i>q.v.</i>), Henry Wells and +Johnston Livingston, while another company, Wells, Fargo & +Co., operated on the Pacific coast. The celebrated “Pony +Express” was started in 1860 between San Francisco and St +Joseph, Missouri, the time scheduled being eight days. The +service was carried on by relays of horses, with stations +25 m. apart. The charge made for the service was $2.50 per +½ oz. The completion of the Pacific Telegraph Company line +in 1861 was followed by the discontinuance of the regular +service.</p> + +<p>The name “express” is applied to a rifle having high velocity, +flat trajectory and long fixed-sight ranges; and an “express-bullet” +is a light bullet with a heavy charge of powder used in +such a rifle (see <span class="sc"><a href="#artlinks">Rifle</a></span>).</p> + + +<hr class="art" /> +<p><span class="bold">EXPROPRIATION,<a name="ar79" id="ar79"></a></span> the taking away or depriving of property +(Late Lat. <i>expropriare</i>, to take away, <i>proprium</i>, <i>i.e.</i> that which +is one’s own). The term is particularly applied to the compulsory +acquisition of private property by the state or other public +authority.</p> + + +<hr class="art" /> +<p><span class="bold">EXPULSION<a name="ar80" id="ar80"></a></span> (Lat. <i>expulsio</i>, from <i>expellere</i>), the act of driving +out, or of removing a person from the membership of a body +or the holding of an office, or of depriving him of the right of +attending a meeting, &c. In the United Kingdom the House +of Commons can by resolution expel a member. Such resolution +cannot be questioned by any court of law. But expulsion is +only resorted to in cases where members are guilty of offences +rendering them unfit for a seat in the House, such as being in +open rebellion, being guilty of forgery, perjury, fraud or breach +of trust, misappropriation of public money, corruption, conduct +unbecoming the character of an officer and a gentleman, &c. It +is customary to order the member, if absent, to attend in his +place, before an order is made for his expulsion (see May, <i>Parliamentary +Practice</i>, 1906, p. 56 seq.). Municipal corporations or +other local government bodies have no express power to expel +a member, except in such cases where the law declares the +member to have vacated his seat, or where power is given by +statute to declare the member’s seat vacant. In the cases of +officers and servants of the crown, tenure varies with the nature +of the office. Some officials hold their offices <i>ad vitam aut +culpam or dum bene se gesserunt</i>, others can be dismissed at any +time and without reason assigned and without compensation. +In the case of membership of a voluntary association (club, &c. ) +the right of expulsion depends upon the rules, and must be +exercised in good faith. Courts of justice have jurisdiction to +prevent the improper expulsion of the member of a voluntary +association where that member has a right of property in the +association. In the case of meetings, where the meeting is one +of a public body, any person not a member of the body is +entitled to be present only on sufferance, and may be expelled +on a resolution of the body. In the case of ordinary public +meetings those who convene the meeting stand in the position +of licensors to those attending and may revoke the licence and +expel any person who creates disorder or makes himself otherwise +objectionable.</p> + +<p><i>Expulsion of Aliens.</i>—Under the Naturalization Act of 1870, +the last of the civil disqualifications affecting aliens in England +was removed. The political disqualifications which remained +only applied to electoral rights. In the very exceptional cases +in which it was retained in the statute book, expulsion was +considered to have fallen into desuetude, but it has been revived +by the Aliens Act of 1905 (5 Edw. VII. c. 13). Under this +act powers are given to the secretary of state to make an order +requiring an alien to leave the United Kingdom within a time +fixed by the order and thereafter to remain outside the United +Kingdom, subject to certain conditions, provided it is certified +to him that the alien has been convicted of any felony or misdemeanour +or other offence for which the court has power to +impose imprisonment without the option of a fine, &c. , or that +he has been sentenced in a foreign country with which there is +an extradition treaty, for a crime not being an offence of a +political character. There are also provisions applicable within +one year, after the alien has entered the United Kingdom in the +case of pauper aliens. Precautions are taken to prevent, as +far as possible, any abuse of the power of expulsion. Under the +French law of expulsion (December 3, 1849) there are no such +precautions, the minister of the interior having an absolute +discretion to order any foreigner as a measure of public policy +to leave French territory and in fact to have him taken immediately +to the frontier.</p> + + +<hr class="art" /> +<p><span class="bold">EXTENSION<a name="ar81" id="ar81"></a></span> (Lat. <i>ex</i>, out; <i>tendere</i>, to stretch), in general, +the action of straining or stretching out. It is usually employed +metaphorically (cf. the phrase an “extension of time,” a period +allowed in excess of what has been agreed upon). It is used +as a technical term in logic to describe the total number of +objects to which a given term may be applied; thus the meaning +of the term “King” in “extension” means the kings of England, +Italy, Spain, &c. (cf. <span class="sc"><a href="#artlinks">Denotation</a></span>), while in “intension” it +means the attributes which taken together make up the idea of +kinghood (see <span class="sc"><a href="#artlinks">Connotation</a></span>). In psychology the literal sense +of extension is retained, <i>i.e.</i> “spread-outness.” The perception +of space by the senses of sight and touch, as opposed to semi-spatial +perceptions by smell and hearing, is that of “continuous +expanse composed of positions separated and connected by +distances” (Stout); to this the term “extension” is applied. +The perception of separate objects involves position and distance, +but these taken together are not extension, which necessarily +implies continuity. To move one’s finger along the keys of a +piano gives both the position and the distance of the keys; +to move it along the frame gives the idea of extension. By +expanding this idea we obtain the conception of all space as +an extended whole. To this perception are necessary both form +and material. It should be observed the actual quality of a +stimulus (rough, smooth, dry, &c. ) has nothing to do with the +spatial perception as such, which is concerned purely with what +is known as “local signature.” The elementary undifferentiated +sensation excited by the stimuli exerted by a continuous whole +is known as its “extensive quantity” or “extensity.” The +term has to do not with the kind of object which excites the +sensation, but simply with the vague massiveness of the latter. +As such it is distinguishable in thought from extension, though +it is not easy to say whether and if so how far the quantitative +aspect of space can exist apart from spatial order. Extensity +as an element in the complex of extension must be carefully +distinguished from intensity. Mere increase of pressure implies +increase of intensity of sensation; to increase the extensity +the <i>area</i>, so to speak, of the exciting stimulus must be increased. +Thus the extensity (also called “voluminousness,” or “massiveness”) +of the sensation produced by a roll of thunder is greater +than that produced by a whistle or the bark of a dog. It should +be observed that this application of the idea of extensity to +sensation in general, rather than to the matter which is the +exciting stimulus, is only an analogy, an attempt to explain +a common psychic phenomenon by terminology which is intrinsically +suitable to the physical. As a natural consequence +the term represents different shades of meaning in different +treatises, verging sometimes towards the physical, sometimes +towards the psychic, meaning.</p> + +<p>In connexion with extension elaborate psycho-physical +experiments have been devised,.<i>e.g.</i> with the object of comparing +the accuracy of tactual and visual perception and discovering +what are the least differences which each can observe. At a +distance two lights appear as one, just as two stars distinguishable +through a telescope are one to the naked eye (see <span class="sc"><a href="#artlinks">Vision</a></span>): +again if the points of a compass are brought close together +and pressed lightly on the skin the sensation, though vague and +diffused, is a single one.</p> + +<div class="condensed"> +<p>See <span class="sc"><a href="#artlinks">Psychology</a></span> and works there quoted; also <span class="sc"><a href="#artlinks">Space and Time</a></span>.</p> +</div> + +<p><span class="pagenum"><a name="page86" id="page86"></a>86</span></p> + + +<hr class="art" /> +<p><span class="bold">EXTENUATING CIRCUMSTANCES.<a name="ar82" id="ar82"></a></span> This expression is used +in law with reference to crimes, to describe cases in which, +though an offence has been committed without legal justification +or excuse, its gravity, from the point of view of punishment or +moral opprobrium, is mitigated or reduced by reason of the facts +leading up to or attending the commission of the offence. According +to English procedure, the jury has no power to determine +the punishment to be awarded for an offence. The sentence, +with certain exceptions in capital cases, is within the sole discretion +of the judge, subject to the statutory prescriptions as to the +kind and maximum of punishment. It is common practice for +juries to add to their verdict, guilty or not guilty, a rider recommending +the accused to mercy on the ground of grave provocation +received, or other circumstances which in their view should +mitigate the penalty. This form of rider is often added on a +verdict of guilty of wilful murder, a crime as to which the judge +has no discretion as to punishment, but the recommendation +is sent to the Home Office for consideration in advising as to +exercise of the prerogative of mercy. Quite independently of +any recommendation by the jury, the judge is entitled to take +into account matters proved during the trial, or laid before him +after verdict, as a guide to him in determining the quantum +of punishment.</p> + +<p>Under the French law (<i>Code d’instruction criminelle</i>, art. 345), +it is the sole right and the duty of a jury in a criminal case to +pronounce whether or not the commission of the offence was +attended by extenuating circumstances (<i>circonstances atténuantes</i>). +They are not bound to say anything about the matter, but +the whole or the majority may qualify the verdict by finding +extenuation, and if they do, the powers of the court to impose +the maximum punishment are taken away and the sentence to be +pronounced is reduced in accordance with the scale laid down +in art. 463 of the <i>Code pénal</i>. The most important result of this +rule is to enable a jury to prevent the infliction of capital punishment +for murder. In cases of what is termed “crime passionel,” +French juries, when they do not acquit, almost invariably find +extenuation; and a like verdict has become common even in the +case of cold-blooded and sordid murders, owing to objections +to capital punishment.</p> + + +<hr class="art" /> +<p><span class="bold">EXTERRITORIALITY,<a name="ar83" id="ar83"></a></span> a term of international law, used to +denominate certain immunities from the application of the rule +that every person is subject for all acts done within the boundaries +of a state to its local laws. It is also employed to describe the +quasi-extraterritorial position, to borrow the phrase of Grotius, +of the dwelling-place of an accredited diplomatic agent, and of +the public ships of one state while in the waters of another. +Latterly its sense has been extended to all cases in which states +refrain from enforcing their laws within their territorial jurisdiction. +The cases recognized by the law of nations relate to: +(1) the persons and belongings of foreign sovereigns, whether +incognito or not; (2) the persons and belongings of ambassadors, +ministers plenipotentiary, and other accredited diplomatic +agents and their suites (but not consuls, except in some non-Christian +countries, in which they sometimes have a diplomatic +character); (3) public ships in foreign waters. Exterritoriality +has also been granted by treaty to the subjects and citizens +of contracting Christian states resident within the territory +of certain non-Christian states. Lastly, it is held that when +armies or regiments are allowed by a foreign state to cross +its territory, they necessarily have exterritorial rights. “The +ground upon which the immunity of sovereign rulers from +process in our courts,” said Mr Justice Wills in the case of +<i>Mighell</i> v. <i>Sultan of Johore</i>, 1804, “is recognized by our law, is +that it would be absolutely inconsistent with the status of an +independent sovereign that he should be subject to the process of +a foreign tribunal,” unless he deliberately submits to its jurisdiction. +It has, however, been held where the foreign sovereign +was also a British subject (<i>Duke of Brunswick</i> v. <i>King of Hanover</i>, +1844), that he is amenable to the jurisdiction of the English +Courts in respect of transactions done by him in his capacity +as a subject. A “foreign sovereign” may be taken to include +the president of a republic, and even a potentate whose independence +is not complete. Thus in the case, cited above, of +<i>Mighell</i> v. <i>Sultan of Johore</i>, the sultan was ascertained to have +abandoned all right to contract with foreign states, and to +have placed his territory under British protection. The court +held that he was, nevertheless, a foreign sovereign in so far as +immunity from British jurisdiction was concerned. The immunity +of a foreign diplomatic agent, as the direct representative +of a foreign sovereign (or state), is based on the same grounds +as that of the sovereign authority itself. The international +practice in the case of Great Britain was confirmed by an act +of parliament of the reign of Queen Anne, which is still in force. +The preamble to this act states that “turbulent and disorderly +persons in a most outrageous manner had insulted the person +of the then ambassador of his Czarish Majesty, emperor of Great +Russia,” by arresting and detaining him in custody for several +hours, “in contempt to the protection granted by Her Majesty, +contrary to the law of nations, and in prejudice of the rights +and privileges which ambassadors and other public ministers, +authorized and received as such, have at all times been thereby +possessed of, and ought to be kept sacred and inviolable.” This +preamble has been repeatedly held by our courts to be declaratory +of the English common law. The act provides that all suits, +writs, processes, against any accredited ambassador or public +minister or his domestic servant, and all proceedings and judgments +had thereupon, are “utterly null and void,” and that +any person violating these provisions shall be punished for a +breach of the public peace. Thus a foreign diplomatic agent +cannot, like the sovereign he represents, waive his immunity +by submitting to the British jurisdiction. The diplomatic immunity +necessarily covers the residence of the diplomatic agent, +which some writers describe as assimilated to territory of the +state represented by the agent; but there is no consideration +which can justify any extension of the immunity beyond the +needs of the diplomatic mission resident within it. It is different +with public ships in foreign waters. In their case the exterritoriality +attaches to the vessel. Beyond its bulwarks +captain and crew are subject to the ordinary jurisdiction of the +state upon whose territory they happen to be. By a foreign public +ship is now understood any ship in the service of a foreign state. +It was even held in the case of the “Parlement Belge” (1880), +a packet belonging to the Belgian government, that the character +of the vessel as a public ship was not affected by its carrying +passengers and merchandise for hire. In a more recent case an +action brought by the owners of a Greek vessel against a vessel +belonging to the state of Rumania was dismissed, though the +agents of the Rumanian government had entered an appearance +unconditionally and had obtained the release of the vessel on +bail, on the ground that the Rumanian government had not +authorized acceptance of the British jurisdiction (The “Jassy,” +1906, 75 L.J.P. 93).</p> + +<p>Writers frequently describe the exterritoriality of both embassies +and ships as absolute. There is, however, this difference, +that the exterritoriality of the latter not being, like that +of embassies, a derived one, there seems to be no ground for +limitation of it. It was, nevertheless, laid down by the arbitrators +in the “Alabama” case (Cockburn dissenting), that the privilege +of exterritoriality accorded to vessels had not been admitted +into the law of nations as an absolute right, but solely as a +proceeding founded on the principle of courtesy and mutual +deference between different nations, and that it could therefore +“never be appealed to for the protection of acts done in violation +of neutrality.”</p> + +<p>The exterritorial settlements in the Far East, the privileges +of Christians under the arrangements made with the Ottoman +Porte, and other exceptions from local jurisdictions, are subject +to the conditions laid down in the treaties by which they have +been created. There are also cases in which British communities +have grown up in barbarous countries without the consent +of any local authority. All these are regulated by orders in +council, issued now in virtue of the Foreign Jurisdiction Act +1890, an act enabling the crown to exercise any jurisdiction it +may have “within a foreign country” in as ample a manner +<span class="pagenum"><a name="page87" id="page87"></a>87</span> +as if it had been acquired “by cession or conquest of territory.” +A very exceptional case of exterritoriality is that granted to the +pope under a special Italian enactment.</p> +<div class="author">(T. Ba.)</div> + + +<hr class="art" /> +<p><span class="bold">EXTORTION<a name="ar84" id="ar84"></a></span> (Lat. <i>extorsio</i>, from <i>extorquere</i>, to twist out, to +take away by force), in English law the term applied to the +exaction by public officers of money or money’s worth not due +at all, or in excess of what is due, or before it is due. Such +exaction, unless made in good faith (<i>i.e.</i> in honest mistake as +to the sum properly payable), is a misdemeanour by the common +law and is punishable by fine and (or) imprisonment. Besides +the punishment above stated, an action for twice the value of +the thing extorted lies against officers of the king (1275, 3 Edw. I. +c. 26). There are numerous provisions for the punishment of +particular officers who make illegal exactions or take illegal +fees: <i>e.g.</i> sheriffs and their officers (Sheriffs Act 1887), county +court bailiffs (County Courts Act 1888), clerks of courts of +justice, and gaolers who exact fees from prisoners. A gaoler +is also punishable for detaining the corpse of a prisoner as +security for debt. The term “public officer” is not limited to +offices under the crown; and there are old precedents of criminal +proceedings for extortion against churchwardens, and against +millers and ferrymen who demand tolls in excess of what is +customary under their franchise.</p> + +<p>The term extortion is also applied to the exaction of money +or money’s worth by menaces of personal violence or by +threats to accuse of crime or to publish defamatory matter +about another person. These offences fall partly under the head +of robbery and partly under blackmail, or what in French is +termed <i>chantage</i>.</p> + +<div class="condensed"> +<p>See <i>Russell on Crimes</i> (6th ed., vol. i. p. 423; vol. iii. p. 348).</p> +</div> + + +<hr class="art" /> +<p><span class="bold">EXTRACT<a name="ar85" id="ar85"></a></span> (from Lat. <i>extrahere</i>, to draw out), in pharmacy, +the name given to preparations formed by evaporating or concentrating +solutions of active principles; <i>tinctures</i> are solutions +which have not been subjected to any evaporation. “Liquid +extracts” are those of a syrupy consistency, and are generally +prepared by treating the drug with the solvent (water, alcohol, +&c.) and concentrating the solution until it attains the desired +consistency. “Ordinary extracts” are thick, tenacious and +sometimes even dry preparations; they are obtained by evaporating +solutions as obtained above, or the juices expressed from +the plants.</p> + +<p>Extraction, in chemical technology, is a process for separating +one substance from another by taking advantage of the varying +solubility of the components in some chosen solvent. The term +“lixiviation” is used when water is the solvent. In laboratory +practice all the common solvents are employed. With small quantities +it may suffice to shake the substance with the solvent, the +mixture being heated if necessary, filter and distil or otherwise +remove the solvent from the distillate. For larger quantities +continuous extraction is advisable. This may be carried out +in many forms of apparatus; one of the most convenient is +the Soxhlet extractor, in which the extract siphons into the +flask containing the solvent, and so maintains the quantity of +available solvent practically constant. Continuous extraction +is generally the practice in technology. One of the most important +applications is in the fat and gelatine industries.</p> + + +<hr class="art" /> +<p><span class="bold">EXTRADITION<a name="ar86" id="ar86"></a></span> (Lat. <i>ex</i>, out, and <i>traditio</i>, handing over), +the surrender of an alleged criminal for trial by a foreign state +where he has taken refuge, to the state against which the alleged +offence has been committed. When a person who has committed +an offence in one country escapes to another, what is the duty +of the latter with regard to him? Should the country of refuge +try him in its own courts according to its own laws, or deliver +him up to the country whose laws he has broken? To the +general question international law gives no certain answer. +Some jurists, Grotius among them, incline to hold that a state +is bound to give up fugitive criminals, but the majority appear +to deny the obligation as a matter of right, and prefer to put +it on the ground of comity. And the universal practice of nations +is to surrender criminals only in consequence of some special +treaty with the country which demands them.</p> + +<p>There are two practical difficulties about extradition which +have probably prevented the growth of any uniform rule on the +subject. One is the variation in the definitions of crime adopted +by different countries. The second is the possibility of the +process of extradition being employed to get hold of a person +who is wanted by his country, not really for a criminal, but for +a political offence. In modern states, and more particularly +in England, offences of a political character have always been +carefully excluded from the operation of the law of extradition.</p> + +<p>1. <span class="sc">United Kingdom.</span>—The Extradition Acts 1870-1873 +(33 & 34 Vict. cc. 62, and 36 & 37 Vict. c. 60) and the Fugitive +Offenders Act 1881 (44 & 45 Vict. c. 69) deal with different +branches of the same subject, the recovery and surrender of +fugitive criminals. The Extradition Acts apply in the case of +countries with which Great Britain has extradition treaties. +The Fugitive Offenders Act applies—(1) as between the United +Kingdom and any British possession, (2) as between any two +British possessions, and (3) as between the United Kingdom +or a British possession and certain foreign countries, such as +Turkey and China, in which the crown exercises foreign jurisdiction.</p> + +<p><i>Conditions of Surrender.</i>—In spite of some earlier authorities +it has long been settled that in English law there is no power to +surrender fugitive criminals to a foreign country without express +statutory authority. Such authority is now given by the +Extradition Acts 1870-1873, but only in the case of the offences +therein specified, and with regard to countries with which an +arrangement has been entered into, and to which the acts have +been applied by order in council. The acts are further to be +applied, subject to such “conditions, exceptions and qualifications +as may be deemed expedient” (s. 2); and these conditions, +&c. , are invariably to be found in the extradition treaty which +is set out in the order in council applying the Extradition Acts +to a particular country. To support a demand for extradition +from Great Britain it is therefore necessary to show that the +offence is one of those enumerated in the Extradition Acts, and +also in the particular treaty, and that the acts charged amount +to the offence according to the laws both of Great Britain and of +the state demanding the surrender.</p> + +<p><i>Surrender of Subjects.</i>—A further question arises where a state +is called on to surrender one of its own subjects. Some of the +treaties, such as those with France and Germany, stipulate +that neither contracting party shall surrender its own subjects, +and in such cases a British subject cannot be surrendered by +his own country. The treaties with Spain, Switzerland and +Luxemburg provide for the surrender by Great Britain of her +own subjects, but there is no reciprocity. Other treaties, such +as those with Austria, Belgium, Russia and the Netherlands, +give each party the option of surrendering or refusing to surrender +its own subjects in each particular case. Under such treaties +British subjects are surrendered unless the secretary of state +intervenes to forbid it. Lastly, some treaties, such as that with +the United States, contain no restriction of this kind, and the +subjects of each power are freely surrendered to the other. +Surrender by Great Britain is also subject to the following +restrictions contained in s. 3 of the Extradition Act 1870:—(1) +that the offence is not of a political character, and the requisition +has not been made with a view to try and punish for an +offence of a political character; (2) that the prisoner shall not +be liable to be tried for any but the specified extradition offences; +(3) that he shall not be surrendered until he has been tried and +served his sentence for offences committed in Great Britain; +and (4) that he shall not be actually given up until fifteen days +after his committal for extradition, so as to allow of an application +to the courts.</p> + +<p><i>Political Offences.</i>—The question as to what constitutes a +political offence is one of some nicety. It was discussed in <i>In +re Castioni</i> (1890, 1 Q.B. 149), where it was held, following the +opinion of Mr Justice Stephen in his <i>History of the Criminal Law</i>, +that to give an offence a political character it must be “incidental +to and form part of political disturbances.” Extradition was +accordingly refused for homicide committed in the course of an +armed rising against the constituted authorities. In the more +<span class="pagenum"><a name="page88" id="page88"></a>88</span> +recent case of <i>In re Meunier</i> (1894, 2 Q.B. 415), an Anarchist +was charged with causing two explosions in Paris—one at the +Café Véry resulting in the death of two persons, and the other +at certain barracks. It was not contended that the outrage +at the cafe was a political crime, but it was argued that the +explosion at the barracks came within the description. The +court, however, held that to constitute a political offence there +must be two or more parties in the state, each seeking to impose +a government of its own choice on the other, which was not the +case with regard to Anarchist crimes. The party of anarchy +was the enemy of all governments, and its effects were directed +primarily against the general body of citizens. The test applied +in the earlier case is perhaps the more satisfactory of the two.</p> + +<p>With regard to the provision that surrender shall not be +granted if the requisition has in fact been made with a view to +try and punish for an offence of a political character, it, was +decided in the case of <i>Arton</i> (1896, 1 Q.B. 108) that a mere suggestion, +that after his surrender for a non-political crime, the +prisoner would be interrogated on political matters (his alleged +complicity in the Panama scandal), and punished for his refusal +to answer, was not enough to bring him within the provision. +The court also held that it had no jurisdiction to entertain a +suggestion that the request of the French government for his +extradition was not made in good faith and in the interests of +justice.</p> + +<p><i>Extradition Offences.</i>—The following is a list of crimes in +respect of which extradition may be provided for under the +Extradition Acts 1870-1873, and the Slave Trade Act 1873. +<i>Extradition Act</i> 1870:—(1) Murder; (2) Attempt to murder; +(3) Conspiracy to murder; (4) Manslaughter; (5) Counterfeiting +and altering money, uttering counterfeit or altered money; +(6) Forgery, counterfeiting, and altering and uttering what is +forged or counterfeited or altered; (7) Embezzlement and +larceny; (8) Obtaining money or goods by false pretences; +(9) Crimes by bankrupts against bankruptcy law; (10) Fraud +by a bailee, banker, agent, factor, trustee or director, or member +or public officer of any company made criminal by any law for the +time being in force; (11) Rape; (12) Abduction; (13) Child-stealing; +(14) Burglary and housebreaking; (15) Arson; (16) +Robbery with violence; (17) Threats by letter or otherwise with +intent to extort; (18) Crimes committed at sea: (<i>a</i>) Piracy by +the law of nations; (<i>b</i>) Sinking or destroying a vessel at sea, or +attempting or conspiring to do so; (<i>c</i>) Assault on a ship on the +high seas, with intent to destroy life or to do grievous bodily harm; +(<i>d</i>) Revolt, or conspiring to revolt, by two or more persons on board +a ship on the high seas against the authority of the master; +(19) Bribery. <i>Extradition Act</i> 1873:-(20) Kidnapping and false +imprisonment; (21) Perjury and subornation of perjury. This +act also extends to indictable offences under 24 & 25 Vict. +cc. 96, 97, 98, 99, 100, and amending and substituted acts. +Among such offences included in various extradition treaties +are the following:—(22) Obtaining valuable securities by false +pretences; (23) Receiving any money, valuable security or +other property, knowing the same to have been stolen or unlawfully +obtained; (24) Falsification of accounts (see <i>In re Arton</i>, +1896, 1 Q.B. 509); (25) Malicious injury to property, if such +offence be indictable;. (26) Knowingly making, without lawful +authority, any instrument, tool or engine adapted and intended +for the counterfeiting of coin of the realm; (27) Abandoning +children; exposing or unlawfully detaining them; (28) Any +malicious act done with intent to endanger the safety of any +person in a railway train; (29) Wounding or inflicting grievous +bodily harm; (30) Assault occasioning actual bodily harm; +(31) Assaulting a magistrate or peace or public officer; (32) +Indecent assault; (33) Unlawful carnal knowledge, or any +attempt to have unlawful carnal knowledge, of a girl under age; +(34) Bigamy; (35) Administering drugs or using instruments +with intent to procure the miscarriage of women; (36) Any +indictable offence under the laws for the time being in force in +relation to bankruptcy. <i>Slave Trade Act</i> 1873 (36 & 37 Vict. +c. 88, s. 27):—(37) Dealing in slaves in such manner as to +constitute a criminal offence against the laws of both states.</p> + +<p>The United Kingdom has extradition treaties with practically +all civilized foreign countries; and though it is not practicable +to state which of the statutory extradition offences are included +in each, it may be said generally that crimes 1 to 17 inclusive +are covered in all, though Rumania has reserved the right to +refuse, and Portugal does refuse, to surrender for a crime punishable +with death.</p> + +<p>The act of 1873 provides for the surrender of accessories +before and after the fact to extradition crimes, and most of the +treaties contain a clause by which extradition is to be granted +for participation in any of the crimes specified in the treaty, +provided that such participation is punishable by the laws of +both countries. Several of the treaties also contain clauses, +providing for optional surrender in respect of any crime not +expressly mentioned for which extradition can be granted by +the laws of both countries.</p> + +<p>It is further to be noted that the restrictions on surrender +in the Extradition Acts apply only to surrenders by Great Britain. +Foreign countries may surrender fugitives to Great Britain +without any treaty, if they are willing to do so and their law +allows of it, and such surrenders have not infrequently been +made. But when surrendered for an extradition crime, the +prisoner cannot be tried in England for any other crime committed +before such surrender, until he has been restored, or has +had an opportunity of returning, to the foreign state from which +he was extradited.</p> + +<p><i>Procedure.</i>—To obtain from a foreign country the extradition of +a fugitive from the United Kingdom, it is necessary to procure +a warrant for his arrest, and to send it, or a certified copy, to the +home secretary together with such further evidence as is required +by the treaty with the country in question. In most, cases +an information or deposition containing evidence which would +justify a committal for trial in Great Britain will be required. +The home secretary will then communicate through the foreign +secretary and the proper diplomatic channels with the foreign +authorities, and in case of urgency will ask them by telegraph for +a provisional arrest. For the arrest in the United Kingdom of +fugitive criminals whose extradition is requested by a foreign +state, two procedures are provided in ss. 7 and 8 of the act of +1870:—(1) On a diplomatic requisition supported by the warrant +of arrest and documentary evidence, the home secretary, if he +thinks the crime is not of a political character, will order the +chief magistrate at Bow Street to proceed; and such magistrate +will then issue a warrant of arrest on such evidence as would be +required if the offence had been committed in the United Kingdom. +(2) More summarily, any magistrate or justice of the peace +may issue a provisional warrant of arrest on evidence which +would support such a warrant if the crime had been committed +within his jurisdiction. In practice a sworn information is required, +but this may be based on a telegram from the foreign +authorities. The magistrate or justice must then report the +issue of the warrant to the home secretary, who may cancel it +and discharge the prisoner. When arrested on the provisional +warrant, the prisoner will be brought up before a magistrate +and remanded to Bow Street, and will then be further remanded +until the magistrate at Bow Street is notified that a formal +requisition for surrender has been made; and unless such +requisition is made in reasonable time the prisoner is entitled +to be discharged. The examination of the prisoner prior to his +committal for extradition ordinarily takes place at Bow Street. +The magistrate is required to hear evidence that the alleged +offence is of a political character or is not an extradition crime. +If satisfied in these respects, and if the foreign warrant of arrest +is duly authenticated, and evidence is given which according +to English law would justify a committal for trial, if the prisoner +has not yet been tried, or would prove a conviction if he has +already been convicted, the magistrate will commit him for +extradition. Under the Extradition Act, 1895 the home secretary, +if of opinion that removal to Bow Street would be dangerous to +the prisoner’s life, or prejudicial to his health, may order the case +to be taken by a magistrate at the place where the prisoner was +apprehended, or then is, and the magistrate may order the +<span class="pagenum"><a name="page89" id="page89"></a>89</span> +prisoner to be detained in such place. After committal for extradition, +every prisoner has fifteen days in which to apply for +<i>habeas corpus</i>, and after such period, or at the close of the <i>habeas +corpus</i> proceedings if they are unsuccessful, the home secretary +issues his warrant for surrender, and the prisoner is handed over +to the officers of the foreign government.</p> + +<p>The Extradition Acts apply to the British colonies, the +governor being substituted for the secretary of state. Their +operation may, however, be suspended by order in council, as +in the case of Canada, where the colony has passed an Extradition +Act of its own (see Statutory Rules and Orders).</p> + +<p><i>Fugitive Offenders Act.</i>—There are no extradition treaties +with certain countries in which the crown exercises foreign jurisdiction, +such as Cyprus, Turkey, Egypt, China, Japan, Corea, +Zanzibar, Morocco, Siam, Persia, Somali, &c. In these countries +the Fugitive Offenders Act 1881 (44 & 45 Vict. c. 69) has been +applied, pursuant to s. 36 of that statute, and the measures for +obtaining surrender of a fugitive criminal are the same as in a +British colony. The act, however, only applies to persons over +whom the crown has jurisdiction in these territories, and generally +is expressly restricted to British subjects.</p> + +<p>Under this act a fugitive from one part of the king’s dominions +to another, or to a country where the crown exercises foreign +jurisdiction, may be brought back by a procedure analogous to +extradition, but applicable only to treason, piracy and offences +punishable with twelve months’ imprisonment with hard labour +or more. The original warrant of arrest must be endorsed by one +of several authorities where the offenders happen to be,—in +practice by the home secretary in the United Kingdom and by +the governor in a colony. Pending the arrival of the original +warrant a provisional arrest may be made, as under the Extradition +Acts. The fugitive must then be brought up for +examination before a local magistrate, who, if the endorsed +warrant is duly authenticated, and evidence is produced “which, +according to the law administered by the magistrate, raises a +strong or probable presumption that the offender committed the +offence, and that the act applies to it,” may commit him for return. +An interval of fifteen days is allowed for <i>habeas corpus</i> proceedings, +and (s. 10) the court has a large discretion to discharge +the prisoner, or impose terms, if it thinks the case frivolous, or +that the return would be unjust or oppressive, or too severe +a punishment. The next step is for the home secretary in the +United Kingdom, and the governor in a colony, to issue a +warrant for the return of the prisoner. He must be removed +within a month, in the absence of reasonable cause to the contrary. +If not prosecuted within six months after arrival, or if +acquitted, he is entitled to be sent back free of cost.</p> + +<p>In the case of fugitive offenders from one part of the United +Kingdom to another, it is enough to get the warrant of arrest +backed by a magistrate having jurisdiction in that part of +the United Kingdom where the offender happens to be. A +warrant issued by a metropolitan police magistrate may be +executed, without backing, by a metropolitan police officer anywhere, +and there are certain other exceptions, but as a rule a +warrant cannot be executed without being backed by a local +magistrate.</p> +<div class="author">(J. E. P. W.)</div> + +<p>2. <span class="sc">United States.</span>—Foreign extradition is purely an affair of +the United States, and not for the individual states themselves. +Upon a demand upon the United States for extradition, there is +a preliminary examination before a commissioner or judge before +there can be a surrender to the foreign government (Revised +Statutes, Title LXVI.; 22 Statutes at Large, 215). It is enough +to show probable guilt (<i>Ornelas</i> v. <i>Ruiz</i>, 161 United States +Reports, 502). An extradition treaty covers crimes previously +committed. If a Power, with which the United States have +such a treaty, surrenders a fugitive charged with a crime not +included in the treaty, he may be tried in the United States for +such crime. Inter-state extradition is regulated by act of Congress +under the Constitution of the United States (Article IV. s. +2; United States Revised Statutes, s. 5278). A surrender may +be demanded of one properly charged with an act which constitutes +a crime under the laws of the demanding state, although +it be no crime in the other state. A party improperly surrendered +may be released by writ of <i>habeas corpus</i>, either from a state or +United States court (<i>Robb</i> v. <i>Conolly</i>, 111 U.S. Reports, 624). On +his return to the state from which he fled, he is subject to prosecution +for any crime, though on a foreign extradition the law is otherwise +(<i>Lascelles</i> v. <i>Georgia</i>, 148 U.S. Reports, 537).</p> +<div class="author">(S. E. B.)</div> + +<div class="condensed"> +<p>See Sir E. Clarke, <i>Treatise upon the Law of Extradition</i> (4th ed., +1904); Biron and Chalmers, <i>Law and Practice of Extradition</i> (1903).</p> +</div> + + +<hr class="art" /> +<p><span class="bold">EXTRADOS<a name="ar87" id="ar87"></a></span> (<i>extra</i>, outside, Fr. <i>dos</i>, back), the architectural +term for the outer boundary of the voussoirs of an arch (<i>q.v.</i>).</p> + + +<hr class="art" /> +<p><span class="bold">EXTREME UNCTION,<a name="ar88" id="ar88"></a></span> a sacrament of the Roman Catholic +Church. In James v. 14 it is ordained that, if any believer is +sick, he shall call for the elders of the church; and they shall +pray over him, anointing him with oil in the name of the Lord; +and the prayer of faith shall save him that is sick, and the Lord +shall raise him up; and if he have committed sins, it shall be +forgiven him.</p> + +<p>Origen reprobated medical art on the ground that the prescription +here cited is enough; modern faith-healers and Peculiar +People have followed in his wake. The Catholic Church has more +wisely left physicians in possession, and elevated the anointing +of the sick into a sacrament to be used only in cases of mortal +sickness, and even then not to the exclusion of the healing art.</p> + +<p>It has been general since the 9th century. The council of +Florence <span class="scs">A.D.</span> 1439 thus defined it:—</p> + +<div class="condensed"> +<p>“The fifth sacrament is extreme unction. Its matter is olive +oil, blessed by a bishop. It shall not be given except to a sick person +whose death is apprehended. He shall be anointed in the following +places: the eyes, ears, nostrils, mouth, hands, feet, reins. The +form of the sacrament, is this: Through this anointing of thee and +through its most pious mercy, be forgiven all thy sins of sight, &c. ... and +so in respect of the other organs. A priest can administer +this sacrament. But its effect is to make whole the mind, and, +so far as it is expedient, the body as well.”</p> +</div> + +<p>This sacrament supplements that of penance (viz. remission +of post-baptismal sin) in the sense that any guilt unconfessed or +left over after normal penances imposed by confessors is purged +thereby. It was discussed in the 12th century whether this +sacrament is indelible like baptism, or whether it can be repeated; +and the latter view, that of Peter Lombard, prevailed.</p> + +<p>It was a popular opinion in the middle ages that extreme +unction extinguishes all ties and links with this world, so that he +who has received it must, if he recovers, renounce the eating of +flesh and matrimonial relations. A few peasants of Lombardy +still believe that one who has received extreme unction ought to +be left to die, and that sick people may be starved to death +through the withholding of food on superstitious grounds. Such +opinions, combated by bishops and councils, were due to the +influence of the <i>consolamentum</i> of the Cathars (<i>q.v.</i>). In both +sacraments the death-bed baptism of an earlier age seems to +survive, and they both fulfil a deep-seated need of the human +spirit.</p> + +<p>Some Gnostics sprinkled the heads of the dying with oil and +water to render them invisible to the powers of darkness; but in +the East generally, where the need to compete with the Cathar +sacrament of <i>Consolatio</i> was less acutely felt, extreme unction +is unknown. The Latinizing Armenians adopted it from Rome +in the crusading epoch. At an earlier date, however, it was usual +to anoint the dead.</p> + +<p>In the Roman Church the bishop blesses the oil of the sick +used in extreme unctions on Holy Thursday at the Chrismal +Mass,<a name="fa1k" id="fa1k" href="#ft1k"><span class="sp">1</span></a> using the following prayer of the sacramentaries of +Gelasius and Hadrian:—</p> + +<div class="condensed"> +<p>“Send forth, we pray Thee, O Lord, Thy holy spirit, the Paraclete +from Heaven, into this fatness of oil, which Thou hast deigned to +produce from the green wood for refreshment of mind and body; +and through Thy holy benediction may it be for all that anoint, taste, +touch, a protection of mind and body, of soul and spirit, unto the +easing away of all pain, all weakness, all sickness of mind and body; +wherefore Thou hast anointed priest, kings and prophets and martyrs +with thy chrism, perfected by Thee, O Lord, blessed and abiding in +our bowels in the name of our Lord Jesus Christ.”</p> + +<p>See L. Duchesne, <i>Origines du Culte Chrétien</i> (Paris, 1898).</p> +</div> +<div class="author">(F. C. C.)</div> + +<hr class="foot" /> <div class="note"> + +<p><a name="ft1k" id="ft1k" href="#fa1k"><span class="fn">1</span></a> The oil left over from the year before is burnt.</p> +</div> + +<p><span class="pagenum"><a name="page90" id="page90"></a>90</span></p> + + +<hr class="art" /> +<p><span class="bold">EYBESCHÜTZ, JONATHAN<a name="ar89" id="ar89"></a></span> (1690-1764), German rabbi, +was from 1750 rabbi in Altona. He was a man of erudition, +but he owed his fame chiefly to his personality. Few men of the +period so profoundly impressed their mark on Jewish life. He +became specially notorious because of a curious controversy +that arose concerning the amulets which Eybeschütz was suspected +of issuing. These amulets recognized the Messianic +claims of Sabbatai Sebi (<i>q.v.</i>), and a famous rabbinic contemporary +of Eybeschütz, Jacob Emden, boldly accused him +of heresy. The controversy was a momentous incident in the +Jewish life of the period, and though there is insufficient evidence +against Eybeschütz, Emden may be credited with having +crushed the lingering belief in Sabbatai current even in some +orthodox circles.</p> +<div class="author">(I. A.)</div> + + +<hr class="art" /> +<p><span class="bold">EYCK, VAN,<a name="ar90" id="ar90"></a></span> the name of a family of Flemish painters in whose +works the rise and mature development of art in western Flanders +are represented. Though bred in the valley of the Meuse, they +finally established their professional domicile in Ghent and in +Bruges; and there, by skill and inventive genius, they changed +the traditional habits of the earlier schools, remodelled the +primitive forms of Flemish design, and introduced a complete +revolution into the technical methods of execution familiar to +their countrymen.</p> + +<p>1. <span class="sc">Hubert</span> (Huybrecht) <span class="sc">van Eyck</span> (? 1366-1426) was the +oldest and most remarkable of this race of artists. The date +of his birth and the records of his progress are lost amidst the +ruins of the earlier civilization of the valley of the Meuse. He +was born about 1366, at Maeseyck, under the shelter or protection +of a Benedictine convent, in which art and letters had been +cultivated from the beginning of the 8th century. But after a +long series of wars—when the country became insecure, and the +schools which had flourished in the towns decayed—he wandered +to Flanders, and there for the first time gained a name. As court +painter to the hereditary prince of Burgundy, and as client to +one of the richest of the Ghent patricians, Hubert is celebrated. +Here, in middle age, between 1410 and 1420, he signalized +himself as the inventor of a new method of painting. Here he +lived in the pay of Philip of Charolais till 1421. Here he painted +pictures for the corporation, whose chief magistrates honoured +him with a state visit in 1424. His principal masterpiece, +the “Worship of the Lamb,” commissioned by Jodocus Vijdts, +lord of Pamele, is the noblest creation of the Flemish school, a +piece of which we possess all the parts dispersed from St Bavon +in Ghent to the galleries of Brussels and Berlin,—one upon which +Hubert laboured till he died, leaving it to be completed by his +brother. Almost unique as an illustration of contemporary +feeling for Christian art, this great composition can only be +matched by the “Fount of Salvation,” in the museum of Madrid. +It represents, on numerous panels, Christ on the judgment seat, +with the Virgin and St John the Baptist at His sides, hearing +the songs of the angels, and contemplated by Adam and Eve, +and, beneath him, the Lamb shedding His blood in the presence +of angels, apostles, prophets, martyrs, knights and hermits. +On the outer sides of the panels are the Virgin and the angel +annunciate, the sibyls and prophets who foretold the coming +of the Lord, and the donors in prayer at the feet of the Baptist and +Evangelist. After this great work was finished it was placed, +in 1432, on an altar in St Bavon of Ghent, with an inscription +on the framework describing Hubert as “maior quo nemo +repertus,” and setting forth, in colours as imperishable as the +picture itself, that Hubert began and John afterwards brought +it to perfection. John van Eyck certainly wished to guard +against an error which ill-informed posterity showed itself +but too prone to foster, the error that he alone had composed +and carried out an altarpiece executed jointly by Hubert and +himself. His contemporaries may be credited with full knowledge +of the truth in this respect, and the facts were equally +well known to the duke of Burgundy or the chiefs of the corporation +of Bruges, who visited the painter’s house in state in 1432, +and the members of the chamber of rhetoric at Ghent, who +reproduced the Agnus Dei as a <i>tableau vivant</i> in 1456. Yet +a later generation of Flemings forgot the claims of Hubert, +and gave the honours that were his due to his brother John +exclusively.</p> + +<p>The solemn grandeur of church art in the 15th century never +found, out of Italy, a nobler exponent than Hubert van Eyck. +His representation of Christ as the judge, between the Virgin and +St John, affords a fine display of realistic truth, combined with +pure drawing and gorgeous colour, and a happy union of earnestness +and simplicity with the deepest religious feeling. In contrast +with earlier productions of the Flemish school, it shows a singular +depth of tone and great richness of detail. Finished with surprising +skill, it is executed with the new oil medium, of which +Hubert shared the invention with his brother, but of which no +rival artists at the time possessed the secret,—a medium which +consists of subtle mixtures of oil and varnish applied to the +moistening of pigments after a fashion, only kept secret for a +time from gildsmen of neighbouring cities, but unrevealed to +the Italians till near the close of the 15th century. When Hubert +died on the 18th of September 1426 he was buried in the chapel +on the altar of which his masterpiece was placed. According +to a tradition as old as the 16th century, his arm was preserved +as a relic in a casket above the portal of St Bavon of Ghent. +During a life of much apparent activity and surprising successes +he taught the elements of his art to his brother John, who survived +him.</p> + +<p>2. <span class="sc">John</span> (Jan) <span class="sc">van Eyck</span> (? 1385-1440). The date of his +birth is not more accurately known than that of his elder brother, +but he was born much later than Hubert, who took charge of +him and made him his “disciple.” Under this tuition John +learnt to draw and paint, and mastered the properties of colours +from Pliny. Later on, Hubert admitted him into partnership, +and both were made court painters to Philip of Charolais. After +the breaking up of the prince’s household in 1421, John became +his own master, left the workshop of Hubert, and took an +engagement as painter to John of Bavaria, at that time resident +at the Hague as count of Holland. From the Hague he returned +in 1424 to take service with Philip, now duke of Burgundy, at a +salary of 100 livres per annum, and from that time till his death +John van Eyck remained the faithful servant of his prince, +who never treated him otherwise than graciously. He was +frequently employed in missions of trust; and following the +fortunes of a chief who was always in the saddle, he appears for +a time to have been in ceaseless motion, receiving extra pay for +secret services at Leiden, drawing his salary at Bruges, yet +settled in a fixed abode at Lille. In 1428 he joined the embassy +sent by Philip the Good to Lisbon to beg the hand of Isabella +of Portugal. His portrait of the bride fixed the duke’s choice. +After his return he settled finally at Bruges, where he married, +and his wife bore him a daughter, known in after years as a nun +in the convent of Maeseyck. At the christening of this child +the duke was sponsor, and this was but one, of many distinctions +by which Philip the Good rewarded his painter’s merits. Numerous +altarpieces and portraits now give proof of van Eyck’s +extensive practice. As finished works of art and models of +conscientious labour they are all worthy of the name they +bear, though not of equal excellence, none being better than +those which were completed about 1432. Of an earlier period, +a “Consecration of Thomas à Becket” has been preserved, and +may now be seen at Chatsworth, bearing the date of 1421; no +doubt this picture would give a fair representation of van Eyck’s +talents at the moment when he started as an independent +master, but that time and accidents of omission and commission +have altered its state to such an extent that no conclusive opinion +can be formed respecting it. The panels of the “Worship of +the Lamb” were completed nine years later. They show that +John van Eyck was quite able to work in the spirit of his brother. +He had not only the lines of Hubert’s compositions to guide +him, he had also those parts to look at and to study which +Hubert had finished. He continued the work with almost +as much vigour as his master. His own experience had been +increased by travel, and he had seen the finest varieties of +landscape in Portugal and the Spanish provinces. This enabled +him to transfer to his pictures the charming scenery of lands +<span class="pagenum"><a name="page91" id="page91"></a>91</span> +more sunny than those of Flanders, and this he did with accuracy +and not without poetic feeling. We may ascribe much of the +success which attended his efforts to complete the altarpiece +of Ghent to the cleverness with which he [reproduced the varied +aspect of changing scenery, reminiscent here of the orange +groves of Cintra, there of the bluffs and crags of his native +valley. In all these backgrounds, though we miss the scientific +rules of perspective with which the van Eycks were not familiar, +we find such delicate perceptions of gradations in tone, such +atmosphere, yet such minuteness and perfection of finish, that our +admiration never flags. Nor is the colour less brilliant or the +touch less firm than in Hubert’s panels. John only differs from +his brother in being less masculine and less sternly religious. +He excels in two splendid likenesses of Jodocus Vijdts and his +wife Catherine Burluuts. The same vigorous style and coloured +key of harmony characterizes the small “Virgin and Child” of +1432 at Ince, and the “Madonna,” probably of the same date, +at the Louvre, executed for Rollin, chancellor of Burgundy. +Contemporary with these, the male portraits in the National +Gallery, and the “Man with the Pinks,” in the Berlin Museum +(1432-1434), show no relaxation of power; but later creations +display no further progress, unless we accept as progress a more +searching delicacy of finish, counterbalanced by an excessive +softness of rounding in flesh contours. An unfaltering minuteness +of hand and great tenderness of treatment may be found, +combined with angularity of drapery and some awkwardness +of attitude in the full length portrait couple (John Arnolfini and +his wife) at the National Gallery (1434), in which a rare insight +into the detail of animal nature is revealed in a study of a terrier +dog. A “Madonna with Saints,” at Dresden, equally soft and +minute, charms us by the mastery with which an architectural +background is put in. The bold and energetic striving of earlier +days, the strong bright tone, are not equalled by the soft blending +and tender tints of the later ones. Sometimes a crude ruddiness +in flesh strikes us as a growing defect, an instance of which +is the picture in the museum of Bruges, in which Canon van der +Paelen is represented kneeling before the Virgin under the +protection of St George (1434). From first to last van Eyck +retains his ability in portraiture. Fine specimens are the two +male likenesses in the gallery of Vienna (1436), and a female, the +master’s wife, in the gallery of Bruges (1439). His death in +1440/41 at Bruges is authentically recorded. He was buried +in St Donat. Like many great artists he formed but few pupils. +Hubert’s disciple, Jodocus of Ghent, hardly does honour to his +master’s teaching, and only acquires importance after he has +thrown off some of the peculiarities of Flemish teaching. Petrus +Cristus, who was taught by John, remains immeasurably behind +him in everything that relates to art. But if the personal +influence of the van Eycks was small, that of their works was +immense, and it is not too much to say that their example, +taken in conjunction with that of van der Weyden, determined +the current and practice of painting throughout the whole of +Europe north of the Alps for nearly a century.</p> + +<div class="condensed"> +<p>See also Waagen, <i>Hubert and Johann van Eyck</i> (1822); Voll, +<i>Werke des Jan van Eyck</i> (1900); L. Kämmerer on the two families in +Knackfuss’s <i>Künstler-Monographien</i> (1898).</p> +</div> +<div class="author">(J. A. C.)</div> + + +<hr class="art" /> +<p><span class="bold">EYE,<a name="ar91" id="ar91"></a></span> a market-town and municipal borough in the Eye +parliamentary division of Suffolk; England; 94½ m. N.E. from +London by the Great Eastern railway, the terminus of a branch +from the Ipswich-Norwich line. Pop. (1901) 2004. The church +of St Peter and St Paul is mainly of Perpendicular flint work, +with Early English portions and a fine Perpendicular rood +screen. It was formerly attached to a Benedictine priory. +Slight fragments of a Norman castle crown a mound of probably +earlier construction. There are a town hall, corn exchange, +and grammar school founded in 1566. Brewing is the chief +industry. The town is governed by a mayor, 4 aldermen and +12 councillors. Area, 4410 acres.</p> + +<p>Eye (<i>Heya</i>, <i>Aye</i>) was once surrounded by a stream, from +which it is said to have derived its name. Leland says it was +situated in a marsh and had formerly been accessible by river +vessels from Cromer, though the river was then only navigable +to Burston, 12 m. from Eye. From the discovery of numerous +bones and Roman urns and coins it has been thought that the +place was once the cemetery of a Roman camp. William I. +gave the lordship of Eye to Robert Malet, a Norman, who built a +castle and a Benedictine monastery which was at first subordinate +to the abbey of Bernay in Normandy. Eye is a borough by +prescription. In 1205 King John granted to the townsmen a +charter freeing them from various tolls and customs and from +the jurisdiction of the shire and hundred courts. Later charters +were granted by Elizabeth in 1558 and 1574, by James I. in +1604, and by William III. in 1697. In 1574 the borough was +newly incorporated under two bailiffs, ten chief and twenty-four +inferior burgesses, and an annual fair on Whit-Monday and a +market on Saturday were granted. Two members were returned +to each parliament from 1571 till 1832, when the Reform Act +reduced the membership to one. By the Redistribution Act of +1885 the representation was merged in the Eye division of the +county. The making of pillow-lace was formerly carried on +extensively, but practically ceased with the introduction of +machinery.</p> + + +<hr class="art" /> +<p><span class="bold">EYE<a name="ar92" id="ar92"></a></span> (O. Eng. <i>eáge</i>, Ger. <i>Auge</i>); derived from an Indo-European +root also seen in Lat. <i>oc-ulus</i>, the organ of vision (<i>q.v.</i>).</p> + +<p><span class="sc">Anatomy.</span>—The eye consists of the eyeball, which is the true +organ of sight, as well as of certain muscles which move it, and +of the lachrymal apparatus which keeps the front of it in a +moist condition. The <i>eyeball</i> is contained in the front of the +orbit and is a sphere of about an inch (24 mm.) in diameter. +From the front of this a segment of a lesser sphere projects +slightly and forms the <i>cornea</i> (fig. 1, <i>co</i>). There are three coats +to the eyeball, an external (protective), a middle (vascular), and +an internal (sensory). There are also three refracting media, the +aqueous humour, the lens and the vitreous humour or body.</p> + +<table class="pic" style="clear: both;" summary="Illustration"> +<tr><td class="figcenter" colspan="2"><img style="width:381px; height:383px" src="images/img91.jpg" alt="" /></td></tr> +<tr><td class="caption" colspan="2"><span class="sc">Fig. 1.</span>—Diagrammatic Section through the Eyeball.</td></tr> + +<tr><td class="f90" style="width: 50%; vertical-align: top;"> +<p><i>cj</i>, Conjunctiva.</p> +<p><i>co</i>, Cornea.</p> +<p><i>Sc</i>, Sclerotic.</p> +<p><i>ch</i>, Choroid.</p> +<p><i>pc</i>, Ciliary processes.</p> +<p><i>mc</i>, Ciliary muscle.</p> +<p><i>O</i>, Optic nerve.</p> +<p><i>R</i>, Retina.</p> +<p><i>I</i>, Iris.</p></td> + +<td class="f90" style="width: 50%; vertical-align: top;"> +<p><i>aq</i>, Anterior chamber of aqueous humour.</p> +<p><i>L</i>, Lens.</p> +<p><i>V</i>, Vitreous body.</p> +<p><i>Z</i>, Zonule of Zinn, the ciliary process being removed to show it.</p> +<p><i>p</i>, Canal of Petit.</p> +<p><i>m</i>, Yellow spot.</p> +<p>    The dotted line behind the cornea represents its posterior epithelium.</p></td></tr></table> + +<p class="pt2">The protective coat consists of the <i>sclerotic</i> in the posterior +five-sixths and the cornea in the anterior sixth. The sclerotic +(fig. 1, <i>Sc</i>) is a firm fibrous coat, forming the “white of the eye,” +which posteriorly is pierced by the optic nerve and blends with +the sheath of that nerve, while anteriorly it is continued into the +cornea at the <i>corneo-scleral junction</i>. At this point a small canal, +known as the <i>canal of Schlemm</i>, runs round the margin of the +cornea in the substance of the sclerotic (see fig. 1). Between +the sclerotic and the subjacent choroid coat is a lymph space +traversed by some loose pigmented connective tissue,—the +<span class="pagenum"><a name="page92" id="page92"></a>92</span> +<i>lamina fusca</i>. The cornea is quite continuous with the sclerotic +but has a greater convexity. Under the microscope it is seen to +consist of five layers. Most anteriorly there is a layer of stratified +epithelium, then an anterior elastic layer, then the <i>substantia +propria</i> of the cornea which is fibrous with spaces in which the +stellate <i>corneal corpuscles</i> lie, while behind this is the posterior +elastic layer and then a delicate layer of endothelium. The +transparency of the cornea is due to the fact that all these +structures have the same refractive index.</p> + +<p>The middle or vascular coat of the eye consists of the <i>choroid</i>, +the <i>ciliary processes</i> and the <i>iris</i>. The choroid (fig. 1, <i>ch</i>) does not +come quite as far forward as the corneo-scleral junction: it is +composed of numerous blood-vessels and pigment cells bound +together by connective tissue and, superficially, is lined by a +delicate layer of pigmented connective tissue called the <i>lamina +suprachoroidea</i> in contact with the already-mentioned perichoroidal +lymph space. On the deep surface of the choroid is +a structureless basal lamina.</p> + +<p>The <i>ciliary processes</i> are some seventy triangular ridges, +radially arranged, with their apices pointing backward (fig. 1, <i>pc</i>), +while their bases are level with the corneo-scleral junction. +They are as vascular as the rest of the choroid, and contain in their +interior the <i>ciliary muscle</i>, which consists of radiating and circular +fibres. The radiating fibres (fig. 1, <i>mc</i>) rise, close to the canal of +Schlemm, from the margin of the posterior elastic lamina of the +cornea, and pass backward and outward into the ciliary processes +and anterior part of the choroid, which they pull forward when +they contract. The circular fibres lie just internal to these and +are few or wanting in short-sighted people.</p> + +<p>The <i>iris</i> (fig. 1, <i>I</i>) is the coloured diaphragm of the eye, the +centre of which is pierced to form the pupil; it is composed of a +connective tissue stroma containing blood-vessels, pigment cells +and muscle fibres. In front of it is a reflection of the same layer +of endothelium which lines the back of the cornea, while behind +both it and the ciliary processes is a double layer of epithelium, +deeply pigmented, which really belongs to the retina. The pigment +in the substance of the iris is variously coloured in different +individuals, and is often deposited after birth, so that, in newly-born +European children, the colour of the eyes is often slate-blue +owing to the black pigment at the back of the iris showing +through. White, yellow or reddish-brown pigment is deposited +later in the substance of the iris, causing the appearance, with +the black pigment behind, of grey, hazel or brown eyes. In +blue-eyed people very little interstitial pigment is formed, while +in Albinos the posterior pigment is also absent and the blood vessels +give the pink coloration. The muscle fibres of the iris +are described as circular and radiating, though it is still uncertain +whether the latter are really muscular rather than elastic. On +to the front of the iris, at its margin, the posterior layer of the +posterior elastic lamina is continued as a series of ridges called +the <i>ligamentum pectinatum iridis</i>, while between these ridges are +depressions known as the <i>spaces of Fontana</i>.</p> + +<p>The inner or sensory layer of the wall of the eyeball is the +<i>retina</i>; it is a delicate transparent membrane which becomes +thinner as the front of the eye is approached. A short distance +behind the ciliary processes the nervous part of it stops and +forms a scalloped border called the <i>ora serrata</i>, but the pigmented +layer is continued on behind the ciliary processes and iris, as +has been mentioned, and is known as the <i>pars ciliaris retinae</i> +and <i>pars iridica retinae</i>. Under the microscope the posterior +part of the retina is seen to consist of eight layers. In its passage +from the lens and vitreous the light reaches these layers in the +following order:—(1) Layer of nerve fibres; (2) Layer of ganglion +cells; (3) Inner molecular layer; (4) Inner nuclear layer; (5) +Outer molecular layer; (6) Outer nuclear layer; (7) Layer of +rods and cones; (8) Pigmented layer.</p> + +<div class="condensed"> +<p>The layer of nerve fibres (fig. 2, <i>2</i>) is composed of the axis-cylinders +only of the fibres of the optic nerve which pierce the sclerotic, choroid +and all the succeeding layers of the retina to radiate over its surface.</p> + +<p>The ganglionic layer (fig. 2, <i>3</i>) consists of a single stratum of large +ganglion cells, each of which is continuous with a fibre of the preceding +layer which forms its axon. Each also gives off a number of finer +processes (dendrites) which arborize in the next layer.</p> + +<p>The inner molecular layer (fig. 2, <i>4</i>) is formed by the interlacement +of the dendrites of the last layer with those of the cells of the inner +nuclear layer which comes next.</p> + +<p>The inner nuclear layer (fig. 2, <i>5</i>) contains three different kinds +of cells, but the most important and numerous are large bipolar +cells, which send one process into the inner molecular layer, as has +just been mentioned, and the other into the outer molecular layer, +where they arborize with the ends of the rod and cone fibres.</p> + +<p>The outer molecular layer (fig. 2, <i>6</i>) is very narrow and is formed +by the arborizations just described. The outer nuclear layer (fig. +2, <i>7</i>), like the inner, consists of oval cells, which are of two kinds. +The rod granules are transversely striped, and are connected externally +with the rods, while internally processes pass into the outer +molecular layer to end in a knob around which the arborizations +of the inner nuclear cells lie. The cone granules are situated more +externally, and are in close contact with the cones; internally their +processes form a foot-plate in the outer molecular layer from which +arborizations extend.</p> + +<p>The layer of rods and cones (fig. 2, <i>9</i>) contains these structures, +the rods being more numerous than the cones. The rods are spindle-shaped +bodies, of which the inner segment is thicker than the outer. +The cones are thicker and shorter than the rods, and resemble Indian +clubs, the handles of which are directed outward and are transversely +striped. In the outer part of the rods the visual purple or rhodopsin +is found.</p> + +<p>The pigmented layer consists of a single layer of hexagonal cells +containing pigment, which is capable of moving towards the rods +and cones when the eye is exposed to light and away from them in +the dark.</p> +</div> + +<table class="nobctr" style="clear: both;" summary="Illustration"> +<tr><td class="figcenter"><img style="width:483px; height:152px" src="images/img92.jpg" alt="" /></td></tr> +<tr><td class="tcl f90"><span class="sc">Fig. 2.</span>—Diagrammatic section through the retina to show the +several layers, which are numbered as in the text. <i>Ct</i>, The radial +fibres of the supporting connective tissue.</td></tr></table> + +<p class="pt2">Supporting the delicate nervous structures of the retina are +a series of connective tissue rods known as the <i>fibres of Müller</i> +(fig. 2, <i>Ct</i>); these run through the thickness of the retina at +right angles to its surface, and are joined together on the inner +side of the layer of nerve fibres to form the <i>inner limiting membrane</i>. +More externally, at the bases of the rods and cones, they +unite again to form the outer limiting membrane.</p> + +<p>When the retina is looked at with the naked eye from in front +two small marks are seen on it. One of these is an oval depression +about 3 mm. across, which, owing to the presence of pigment, is +of a yellow colour and is known as the yellow spot (<i>macula +lutea</i>); it is situated directly in the antero-posterior axis of the +eyeball, and at its margin the nerve fibre layer is thinned and the +ganglionic layer thickened. At its centre, however, both these +layers are wanting, and in the layer of rods and cones only the +cones are present. This central part is called the <i>fovea centralis</i> +and is the point of acutest vision. The second mark is situated +a little below and to the inner side of the yellow spot; it is a +circular disk with raised margins and a depressed centre and is +called the <i>optic disk</i>; in structure it is a complete contrast to the +yellow spot, for all the layers except that of the nerve fibres are +wanting, and consequently, as light cannot be appreciated here, +it is known as the “blind spot.” It marks the point of entry of +the optic nerve, and at its centre the retinal artery appears and +divides into branches. An appreciation of the condition of the +optic disk is one of the chief objects of the ophthalmoscope.</p> + +<p>The <i>crystalline lens</i> (fig. 1, <i>L</i>) with its ligament separates the +aqueous from the vitreous chamber of the eye; it is a biconvex +lens the posterior surface of which is more curved than the anterior. +Radiating from the anterior and posterior poles are three +faint lines forming a Y, the posterior Y being erect and the +anterior inverted. Running from these figures are a series of +lamellae, like the layers of an onion, each of which is made up of +a number of fibrils called the lens fibres. On the anterior surface +of the lens is a layer of epithelial cells, which, towards the margin +or equator, gradually elongate into lens fibres. The whole lens +is enclosed in an elastic structureless membrane, and, like the +<span class="pagenum"><a name="page93" id="page93"></a>93</span> +cornea, its transparency is due to the fact that all its constituents +have the same refractive index.</p> + +<p>The ligament of the lens is the thickened anterior part of the +hyaloid membrane which surrounds the vitreous body; it is +closely connected to the iris at the ora serrata, and then splits +into two layers, of which the anterior is the thicker and blends +with the anterior part of the elastic capsule of the lens, so that, +when its attachment to the ora serrata is drawn forward by the +ciliary muscle, the lens, by its own elasticity, increases its convexity. +Between the anterior and posterior splitting of the +hyaloid membrane is a circular lymph space surrounding the +margin of the lens known as the <i>canal of Petit</i> (fig. 1, <i>p</i>).</p> + +<p>The <i>aqueous humour</i> (fig. 1, <i>aq</i>) is contained between the lens +and its ligament posteriorly and the cornea anteriorly. It is +practically a very weak solution of common salt (chloride of +sodium 1.4%). The space containing it is imperfectly divided +into a large anterior and a small posterior chamber by a perforated +diaphragm—the iris.</p> + +<p>The <i>vitreous body</i> or <i>humour</i> is a jelly which fills all the +contents of the eyeball behind the lens. It is surrounded by the +hyaloid membrane, already noticed, and anteriorly is concave +for the reception of the lens.</p> + +<p>From the centre of the optic disk to the posterior pole of the +lens a lymph canal formed by a tube of the hyaloid membrane +stretches through the centre of the vitreous body; this is the +<i>canal of Stilling</i>, which in the embryo transmitted the hyaloid +artery to the lens. The composition of the vitreous is practically +the same as that of the aqueous humour.</p> + +<p>The <i>arteries of the eyeball</i> are all derived from the ophthalmic +branch of the internal carotid, and consist of the retinal which +enters the optic nerve far back in the orbit, the two long ciliaries, +which run forward in the choroid and join the anterior ciliaries, +from muscular branches of the ophthalmic, in the circulus iridis +major round the margin of the iris, and the six to twelve short +ciliaries which pierce the sclerotic round the optic nerve and +supply the choroid and ciliary processes.</p> + +<p>The <i>veins of the eyeball</i> emerge as four or five trunks rather +behind the equator; these are called from their appearance +<i>venae vorticosae</i>, and open into the superior ophthalmic vein. In +addition to these there is a retinal vein which accompanies its +artery.</p> + +<p><i>Accessory Structures of the Eye.</i>—The <i>eyelids</i> are composed of +the following structures from in front backward: (1) Skin; (2) +Superficial fascia; (3) Orbicularis palpebrarum muscle; (4) +<i>Tarsal plates</i> of fibrous tissue attached to the orbital margin by +the superior and inferior <i>palpebral ligaments</i>, and, at the junction +of the eyelids, by the external and internal <i>tarsal ligaments</i> of +which the latter is also known as the <i>tendo oculi</i>; (5) <i>Meibomian +glands</i>, which are large modified sebaceous glands lubricating the +edges of the lids and preventing them adhering, and <i>Glands of +Moll</i>, large sweat glands which, when inflamed, cause a “sty”; +(6) the <i>conjunctiva</i>, a layer of mucous membrane which lines the +back of the eyelids and is reflected on to the front of the globe, +the reflection forming the fornix: on the front of the cornea the +conjunctiva is continuous with the layer of epithelial cells already +mentioned.</p> + +<p>The <i>lachrymal</i> gland is found in the upper and outer part of +the front of the orbit. It is about the size of an almond and +has an upper (orbital) and a lower (palpebral) part. Its six to +twelve ducts open on to the superior fornix of the conjunctiva.</p> + +<p>The <i>lachrymal canals</i> (canaliculi) (see fig. 3, <i>2</i> and <i>3</i>) are +superior and inferior, and open by minute orifices (puncta) on to +the free margins of the two eyelids near their inner point of +junction. They collect the tears, secreted by the lachrymal +gland, which thus pass right across the front of the eyeball, continually +moistening the conjunctiva. The two ducts are bent +round a small pink tubercle called the <i>caruncula lachrymalis</i> +(fig. 3, <i>4</i>) at the inner angle of the eyelids, and open into the +<i>lachrymal sac</i> (fig. 3, <i>5</i>), which lies in a groove in the lachrymal +bone. The sac is continued down into the <i>nasal duct</i> (fig. 3, <i>6</i>), +which is about ¾ inch long and opens into the inferior meatus of +the nose, its opening being guarded by a valve.</p> + +<table class="pic" style="clear: both;" summary="Illustration"> +<tr><td class="figcenter" colspan="2"><img style="width:329px; height:308px" src="images/img93a.jpg" alt="" /></td></tr> +<tr><td class="caption" colspan="2"><span class="sc">Fig. 3.</span>—Lachrymal Canals and Duct.</td></tr> + +<tr><td class="f90" style="width: 50%; vertical-align: top;"> +<p><i>1</i>, Orbicular muscle.</p> +<p><i>2</i>, Lachrymal canal.</p> +<p><i>3</i>, Punctum.</p> +<p><i>4</i>, Caruncula.</p></td> + +<td class="f90" style="width: 50%; vertical-align: top;"> +<p><i>5</i>, Lachrymal sac.</p> +<p><i>6</i>, Lachrymal duct.</p> +<p><i>7</i>, Angular artery.</p></td></tr></table> + +<p>The orbit contains seven muscles, six of which rise close to the +optic foramen. The <i>levator palpebrae superioris</i> is the highest, +and passes forward to the superior tarsal plate and fornix of the +conjunctiva. The <i>superior</i> and <i>inferior recti</i> are inserted into the +upper and lower surfaces +of the eyeball respectively; +they make +the eye look inward as +well as up or down. +The external and internal +recti are inserted +into the sides of the +eyeball and make it +look outward or inward. +The superior +oblique runs forward +to a pulley in the inner +and front part of the +roof of the orbit, round +which it turns to be +inserted into the outer +and back part of the +eyeball. It turns the +glance downward and +outward. The inferior +oblique rises from the inner and front part of the floor of the +orbit, and is also inserted into the outer and back part of the +eyeball. It directs the glance upward and outward. Of all +these muscles the superior oblique is supplied by the fourth +cranial nerve, the external rectus by the sixth and the rest by the +third.</p> + +<p>The posterior part of the eyeball and the anterior parts of the +muscles are enveloped in a lymph space, known as the <i>capsule +of Tenon</i>, which assists their movements.</p> + +<table class="nobctr" style="clear: both;" summary="Illustration"> +<tr><td class="figcenter"><img style="width:106px; height:157px" src="images/img93b.jpg" alt="" /></td> +<td class="figcenter"><img style="width:119px; height:156px" src="images/img93c.jpg" alt="" /></td></tr> +<tr><td class="caption"><span class="sc">Fig. 4.</span><br /> +Diagram of Developing<br />Eye (1st stage).</td> +<td class="caption"><span class="sc">Fig. 5.</span><br /> +Diagram of Developing<br />Eye (2nd stage).</td></tr> + +<tr><td class="tcl f90"> +α, Forebrain.<br /> +β, Optic vesicle.<br /> +γ, Superficial ectoderm.<br /> +δ, Thickening for lens.<br /></td> + +<td class="tcl f90"> +β, Optic cup.<br /> +δ, Invagination of lens.<br /> +  Other letters as in fig. 4. +</td></tr></table> + +<p class="pt2"><span class="sc">Embryology.</span>—As is pointed out in the article <span class="sc"><a href="#artlinks">Brain</a></span>, the +<i>optic vesicles</i> grow out from the fore-brain, and the part nearest +the brain becomes constricted and elongated to form the optic +stalk (see figs. 4 and 5, β). At the same time the ectoderm +covering the side of the head thickens and becomes invaginated +to form the lens vesicle (see figs. 4 and 5, δ), which later loses its +connexion with the surface and approaches the optic vesicle, +causing that structure to become cupped for its reception, so +that what was the optic vesicle becomes the optic cup and consists +of an external and an internal layer of cells (fig. 6 β and δ). Of +these the outer cells become the retinal pigment, while the +inner form the other layers of the retina. The invagination of +the optic cup extends, as the <i>choroidal fissure</i> (not shown in the +diagrams), along the lower and back part of the optic stalk, and +into this slit sinks some of the surrounding mesoderm to form +the vitreous body and the hyaloid arteries, one of which persists.<a name="fa1l" id="fa1l" href="#ft1l"><span class="sp">1</span></a> +When this has happened the fissure closes up. The anterior +epithelium of the lens vesicle remains, but from the posterior +the lens fibres are developed and these gradually fill up the +cavity. The superficial layer of head ectoderm, from which the +lens has been invaginated and separated, becomes the anterior +<span class="pagenum"><a name="page94" id="page94"></a>94</span> +epithelium of the cornea (fig. 6, ε), and between it and the lens +the mesoderm sinks in to form the cornea, iris and anterior +chamber of the eye, while surrounding the optic cup the mesoderm +forms the sclerotic and choroid +coats (fig. 7, η and ζ). Up to the seventh +month the pupil is closed by the <i>membrana +pupillaris</i>, derived from the capsule +of the lens which is part of the +mesodermal ingrowth through the +choroidal fissure already mentioned. +The hyaloid artery remains, as a prolongation +of the retinal artery to the +lens, until just before birth, but after +that its sheath forms the canal of +Stilling. Most of the fibres of the +optic nerve are centripetal and begin +as the axons of the ganglionic cells of +the retina; a few, however, are centrifugal +and come from the nerve cells in +the brain.</p> + +<table class="flt" style="float: right; width: 240px;" summary="Illustration"> +<tr><td class="figright1"><img style="width:143px; height:174px" src="images/img94a.jpg" alt="" /></td></tr> +<tr><td class="caption"><span class="sc">Fig. 6.</span></td></tr> +<tr><td class="caption1">Diagram of Developing Eye (3rd stage).</td></tr> +<tr><td class="caption1"> +<p>δ, Solid lens.</p> +<p>ε, Corneal epithelium.</p> +<p>   Other letters as in figs. 4 and 5.</p></td></tr> + +<tr><td class="figright1"><img style="width:168px; height:132px" src="images/img94b.jpg" alt="" /></td></tr> +<tr><td class="caption"><span class="sc">Fig. 7.</span></td></tr> +<tr><td class="caption1">Diagram of Developing Eye (4th stage). The mesodermal tissues are dotted.</td></tr> +<tr><td class="caption1"> +<p>ζ, Choroid and Iris.</p> +<p>η, Sclerotic and Cornea.</p> +<p>θ, Vitreous.</p> +<p>ε, Aqueous.</p> +<p>κ, Eyelids.</p></td></tr></table> + +<p>The eyelids are developed as ectodermal +folds, which blend with one +another about the third month and +separate again before birth in Man +(fig. 7, κ). The lachrymal sac and +duct are formed from solid ectodermal +thickenings which later become +canalized.</p> + +<p>It will thus be seen that the optic +nerve and retina are formed from the +brain ectoderm; the lens, anterior epithelium +of the cornea, skin of the eyelids, +conjunctiva and lachrymal apparatus +from the superficial ectoderm; while the +sclerotic, choroid, vitreous and aqueous +humours as well as the iris and cornea are derived from the +mesoderm.</p> + +<div class="condensed"> +<p>See <i>Human Embryology</i>, by C.S. Minot (New York); Quain’s +<i>Anatomy</i>, vol. i. (1908); “Entwickelung des Auges der Wirbeltiere,” +by A. Froriep, in <i>Handbuch der vergleichenden und experimentellen +Entwickelungslehre der Wirbeltiere</i> (O. Hertwig, Jena, +1905).</p> +</div> + +<p class="pt1"><span class="sc">Comparative Anatomy.</span>—The Acrania, as represented by +Amphioxus (the lancelet), have a patch of pigment in the fore +part of the brain which is regarded as the remains of a degenerated +eye. In the Cyclostomata the hag (Myxine) and larval lamprey +(Ammocoetes) have ill-developed eyes lying beneath the skin and +devoid of lens, iris, cornea and sclerotic as well as eye muscles. +In the adult lamprey (Petromyzon) these structures are developed +at the metamorphosis, and the skin becomes transparent, rendering +sight possible. Ocular muscles are developed, but, unlike +most vertebrates, the inferior rectus is supplied by the sixth +nerve while all the others are supplied by the third. In all +vertebrates the retina consists of a layer of senso-neural cells, +the rods and cones, separated from the light by the other layers +which together represent the optic ganglia of the invertebrates; +in the latter animals, however, the senso-neural cells are nearer +the light than the ganglia.</p> + +<p>In fishes the eyeball is flattened in front, but the flat cornea +is compensated by a spherical lens, which, unlike that of other +vertebrates, is adapted for near vision when at rest. The iris +in some bony fishes (Teleostei) is not contractile. In the +Teleostei, too, there is a process of the choroid which projects +into the vitreous chamber and runs forward to the lens; it is +known as the <i>processus falciformis</i>, and, besides nourishing the +lens, is concerned in accommodation. This specialized group +of fishes is also remarkable for the possession of a so-called +<i>choroid gland</i>, which is really a <i>rete mirabile</i> (see <span class="sc"><a href="#artlinks">Arteries</a></span>) +between the choroid and sclerotic. The sclerotic in fishes is +usually chondrified and sometimes calcified or ossified. In the +retina the rods and cones are about equal in number, and the +cones are very large. In the cartilaginous fishes (Elasmobranchs) +there is a silvery layer, called the <i>tapetum lucidum</i>, on the retinal +surface of the choroid.</p> + +<p>In the Amphibia the cornea is more convex than in the fish, +but the lens is circular and the sclerotic often chondrified. There +is no processus falciformis or tapetum lucidum, but the class +is interesting in that it shows the first rudiments of the ciliary +muscle, although accommodation is brought about by shifting +the lens. In the retina the rods outnumber the cones and these +latter are smaller than in any other animals. In some Amphibians +coloured oil globules are found in connexion with the cones, +and sometimes two cones are joined, forming double or twin +cones.</p> + +<p>In Reptilia the eye is spherical and its anterior part is often +protected by bony plates in the sclerotic (Lacertilia and Chelonia). +The ciliary muscle is striated, and in most reptiles accommodation +is effected by relaxing the ciliary ligament as in higher vertebrates, +though in the snakes (Ophidia) the lens is shifted as it is in the +lower forms. Many lizards have a vascular projection of the +choroid into the vitreous, foreshadowing the pecten of birds +and homologous with the processus falciformis of fishes. In +the retina the rods are scarce or absent.</p> + +<p>In birds the eye is tubular, especially in nocturnal and raptorial +forms: this is due to a lengthening of the ciliary region, which is +always protected by bony plates in the sclerotic. The pecten, +already mentioned in lizards, is a pleated vascular projection +from the optic disk towards the lens which in some cases it reaches. +In Apteryx this structure disappears. In the retina the cones +outnumber the rods, but are not as numerous as in the reptiles. +The ciliary muscle is of the striped variety.</p> + +<p>In the Mammalia the eye is largely enclosed in the orbit, and +bony plates in the sclerotic are only found in the monotremes. +The cornea is convex except in aquatic mammals, in which it is +flattened. The lens is biconvex in diurnal mammals, but in +nocturnal and aquatic it is spherical. There is no pecten, but +the numerous hyaloid arteries which are found in the embryo +represent it. The iris usually has a circular pupil, but in some +ungulates and kangaroos it is a transverse slit. In the Cetacea +this transverse opening is kidney-shaped, the hilum of the kidney +being above. In many carnivores, especially nocturnal ones, +the slit is vertical, and this form of opening seems adapted to a +feeble light, for it is found in the owl, among birds. The tapetum +lucidum is found in Ungulata, Cetacea and Carnivora. The +ciliary muscle is unstriped. In the retina the rods are more +numerous than the cones, while the macula lutea only appears +in the Primates in connexion with binocular vision.</p> + +<p>Among the accessory structures of the eye the retractor bulbi +muscle is found in amphibians, reptiles, birds and many mammals; +its nerve supply shows that it is probably a derivative of +the external or posterior rectus. The nictitating membrane +or third eyelid is well-developed in amphibians, reptiles, birds +and some few sharks; it is less marked in mammals, and in +Man is only represented by the little <i>plica semilunaris</i>. When +functional it is drawn across the eye by special muscles derived +from the retractor bulbi, called the <i>bursalis</i> and <i>pyramidalis</i>. +In connexion with the nictitating membrane the Harderian +gland is developed, while the lachrymal gland secretes fluid +for the other eyelids to spread over the conjunctiva. These +two glands are specialized parts of a row of glands which in the +Urodela (tailed amphibians) are situated along the lower eyelid; +the outer or posterior part of this row becomes the lachrymal +gland, which in higher vertebrates shifts from the lower to the +upper eyelid, while the inner or anterior part becomes the +Harderian gland. Below the amphibians glands are not necessary, +as the water keeps the eye moist.</p> + +<p>The lachrymal duct first appears in the tailed amphibians; +in snakes and gecko lizards, however, it opens into the mouth.</p> + +<div class="condensed"> +<p>For literature up to 1900 see R. Wiedersheim’s <i>Vergleichende +Anatomie der Wirbeltiere</i> (Jena, 1902). Later literature is noticed +in the catalogue of the Physiological Series of the R. College of +Surgeons of England Museum, vol. iii. (London, 1906).</p> +</div> +<div class="author">(F. G. P.)</div> + +<p class="pt1"><span class="sc">Eye Diseases.</span>—The specially important diseases of the eye +are those which temporarily or permanently interfere with +<span class="pagenum"><a name="page95" id="page95"></a>95</span> +sight. In considering the pathology of the eye it may be remembered +that (1) it is a double organ, while (2) either eye +may have its own trouble.</p> + +<p>1. The two eyes act together, under normal conditions, for +all practical purposes exactly as if there were but one eye placed +in the middle of the face. All impressions made upon either +retina, to the one side of a vertical line through the centre, the +<i>fovea centralis</i>, before giving rise to conscious perception cause +a stimulation of the same area in the brain. Impressions +formed simultaneously, for instance, on the right side of the +right retina and on corresponding areas of the right side of the +left retina, are conveyed to the same spots in the right occipital +lobe of the brain. Pathological processes, therefore, which are +localized in the right or left occipital lobes, or along any part of +the course of the fibres which pass from the right or left optic +tracts to these “visual centres,” cause defects in function of +the right or left halves of the two retinae. <i>Hemianopia</i>, or half-blindness, +arising from these pathological changes, is of very +varying degrees of severity, according to the nature and extent of +the particular lesion. The blind areas in the two fields of vision, +corresponding to the outward projection of the paralysed retinal +areas, are always symmetrical both in shape and degree. The +central lesion may for instance be very small, but at the same +time destructive to the nerve tissue. This will be revealed as +a sector-shaped or insular symmetrical complete blindness in +the fields of vision to the opposite side. Or a large central area, +or an area comprising many or all of the nerve fibres which pass +to the visual centre on one side, may be involved in a lesion +which causes impairment of function, but no actual destruction +of the nerve tissue. There is thus caused a symmetrical weakening +of vision (<i>amblyopia</i>) in the opposite fields. In such cases +the colour vision is so much more evidently affected than the +sense of form that the condition has been called <i>hemiachromatopsia</i> +or half-colour blindness. Hemianopia may be caused +by haemorrhage, by embolism, by tumour growth which either +directly involves the visual nerve elements or affects them by +compression and by inflammation. Transitory hemianopia +is rare and is no doubt most frequently of toxic origin.</p> + +<p>The two eyes also act as if they were one in accommodating. +It is impossible for the two eyes to accommodate simultaneously +to different extents, so that where there is, as occasionally +happens, a difference in focus between them, this difference +remains the same for all distances for which they are adapted. +In such cases, therefore, both eyes cannot ever be accurately +adapted at the same time, though either may be alone. It +often happens as a consequence that the one eye is used to receive +the sharpest images of distant, and the other of near objects. +Any pathological change which leads to an interference in the +accommodating power of one eye alone must have its origin in a +lesion which lies peripherally to the nucleus of the third cranial +nerve. Such a lesion is usually one of the third nerve itself. +Consequently, a unilateral accommodation paresis is almost +invariably associated with pareses of some of the oculo-motor +muscles. A bilateral accommodation paresis is not uncommon. +It is due to a nuclear or more central cerebral disturbance. +Unlike a hemianopia, which is mostly permanent, a double +accommodation paresis is frequently transitory. It is often a +post-diphtheritic condition, appearing alone or associated with +other paresis.</p> + +<p>Both eyes are also normally intimately associated in their +movements. They move in response to a stimulus or a combination +of stimuli, emanating from different centres of the +brain, but one which is always equally distributed to the corresponding +muscles in both eyes, so that the two lines of fixation +meet at the succession of points on which attention is directed. +The movements are thus associated in the same direction, to +the right or left, upwards or downwards, &c. In addition, +owing to the space which separates the two eyes, convergent +movements, caused by stimuli equally distributed between the +two internal recti, are required for the fixation of nearer and +nearer-lying objects. These movements would not be necessary +in the case of a single eye. It would merely have to accommodate. +The converging movements of the double eye occur in association +with accommodation, and thus a close connexion becomes +established between the stimuli to accommodation and convergence. +All combinations of convergent and associated +movements are constantly taking place normally, just as if a +single centrally-placed eye were moved in all directions and +altered its accommodation according to the distance, in any +direction, of the object which is fixed.</p> + +<p>Associated and convergent movements may be interfered +with pathologically in different ways. Cerebral lesions may +lead to their impairment or complete abolition, or they may +give rise to involuntary spasmodic action, as the result of +paralysing or irritating the centres from which the various +co-ordinated impulses are controlled or emanate. Lesions which +do not involve the centres may prevent the response to associated +impulses in one eye alone by interfering with the functional +activity of one or more of the nerves along which the stimuli +are conveyed. Paralysis of oculo-motor nerves is thus a common +cause of defects of association in the movements of the double +eye. The great advantage of simultaneous binocular vision—viz. +the appreciation of depth, or stereoscopic vision—is thus +lost for some, or it may be all directions of fixation. Instead +of seeing singly with two eyes, there is then double-vision +(<i>diplopia</i>). This persists so long as the defect of association +continues, or so long as the habit of mentally suppressing the +image of the faultily-directed eye is not acquired.</p> + +<p>In the absence of any nerve lesions, central or other, interfering +with their associated movements, the eyes continue throughout +life to respond equally to the stimuli which cause these movements, +even when, owing to a visual defect of the one eye, +binocular vision has become impossible. It is otherwise, however, +with the proper co-ordination of convergent movements. These +are primarily regulated by the unconscious desire for binocular +vision, and more or less firmly associated with accommodation. +When one eye becomes blind, or when binocular vision for other +reasons is lost, the impulse is gradually, as it were, unlearnt. +This is the cause of <i>divergent concomitant squint</i>. Under somewhat +similar conditions a degree of convergence, which is in +excess of the requirements of fixation, may be acquired from +different causes. This gives rise to <i>convergent concomitant +squint</i>.</p> + +<div class="condensed"> +<p>For <i>Astigmatism</i>, &c., see the article <span class="sc"><a href="#artlinks">Vision</a></span>.</p> +</div> + +<p>2. Taking each eye as a single organ, we find it to be subject +to many diseases. In some cases both eyes may be affected in +the same way, <i>e.g.</i> where the local disease is a manifestation of +some general disturbance. Apart from the fibrous coat of the +eye, the sclera, which is little prone to disease, and the external +muscles and other adnexa, the eye may be looked upon as +composed of two elements, (<i>a</i>) the dioptric media, and (<i>b</i>) the +parts more or less directly connected with perception. Pathological +conditions affecting either of these elements may interfere +with sight.</p> + +<p>The dioptric media, or the transparent portions which are concerned +in the transmission of light to, and the formation of images +upon, the retina, are the following: the <i>cornea</i>, the <i>aqueous +humour</i>, the <i>crystalline lens</i> and the <i>vitreous humour</i>. Loss of +transparency in any of these media leads to blurring of the retinal +images of external objects. In addition to loss of transparency +the cornea may have its curvature altered by pathological processes. +This necessarily causes imperfection of sight. The +crystalline lens, on the other hand, may be dislocated, and thus +cause image distortion.</p> + +<p><i>The Cornea.</i>—The transparency of the cornea is mainly lost +by imflammation (<i>keratitis</i>), which causes either an infiltration of +its tissues with leucocytes, or a more focal, more destructive +ulcerative process.</p> + +<p>Inflammation of the cornea may be primary or secondary, +<i>i.e.</i> the inflammatory changes met with in the corneal tissue +may be directly connected with one or more foci of inflammation +in the cornea itself or the focus or foci may be in some other part +of the eye. Only the very superficial forms of primary keratitis, +those confined to the epithelial layer, leave no permanent change; +<span class="pagenum"><a name="page96" id="page96"></a>96</span> +there is otherwise always a loss of tissue resulting from the +inflammation and this loss is made up for by more or less densely +intransparent connective tissue (<i>nebula</i>, <i>leucoma</i>). These according +to their site and extent cause greater or less visual disturbance. +Primary keratitis may be ulcerative or non-ulcerative, +superficial or deep, diffuse or circumscribed, vascularized or +non-vascularized. It may be complicated by deeper inflammations +of the eye such as iritis and cyclitis. In some cases the +anterior chamber is invaded by pus (<i>hypopyon</i>). The healing +of a corneal ulcer is characterized by the disappearance of pain +where this has been a symptom and by the rounding off of its +sharp margins as epithelium spreads over them from the surrounding +healthy parts. Ulcers tend to extend either in depth or +superficially, rarely in both manners at the same time. A deep +ulcer leads to perforation with more or less serious consequences +according to the extent of the perforation. Often an eye bears +permanent traces of a perforation in adhesion of the iris to the +back of a corneal scar or in changes in the lens capsule (capsular +cataract). In other cases the ulcerated cornea may yield +to pressure from within, which causes it to bulge forwards +(<i>staphyloma</i>).</p> + +<p>The principal causes of primary keratitis are traumata and +infection from the conjunctiva. Traumata are most serious when +the body causing the wound is not aseptic or when micro-organisms +from some other source, often the conjunctiva and +tear-sac, effect a lodgment before healing of the wound has +sufficiently advanced. In infected cases a complication with +iritis is not uncommon owing to the penetration of toxines into +the anterior chamber.</p> + +<p>Inflammations of the cornea are the most important diseases +of the eye, because they are among the most frequent, because +of the value of the cornea to vision and because much good can +often be done by judicious treatment and much harm result +from wrong interference and neglect. The treatment of primary +keratitis must vary according to the cause. Generally speaking +the aim should be to render the ulcerated portions as aseptic +as possible without using applications which are apt to cause +a great deal of irritation and thus interfere with healing. On +this account it is important to be able to recognize when healing +is taking place, for as soon as this is the case, rest, along with +frequent irrigation of the conjunctiva with sterilized water at +the body temperature, and occasionally mild antiseptic irrigation +of the nasal mucous membrane is all that is required. It is a +common and dangerous mistake to over treat.</p> + +<p>Of local antiseptics which are of use may be mentioned the +actual cautery, chlorine water, freshly prepared silver nitrate or +protargol, and the yellow oxide of mercury. These different +agents are of course not all equally applicable in any given +case; it depends upon the severity as well as upon the +nature of the inflammation which is the most suitable. For +instance, the actual cautery is employed only in the case of the +deeper septic or malignant ulcers, in which the destruction of +tissue is already considerable and tending to spread further. +Again the yellow oxide of mercury should only be used in the +more superficial, strumous forms of inflammation. Many other +substances are also in use, but need not here be referred to.</p> + +<p><i>Secondary keratitis</i> takes the form of an interstitial deposit of +leucocytes between the layers of the cornea as well as often of +vascularization, sometimes intense, from the deeper network +of vessels (anterior ciliary) surrounding the cornea. The duration +of a secondary keratitis is usually prolonged, often lasting many +months. More or less complete restoration of transparency is the +rule, however, eventually.</p> + +<p>No local treatment is called for except the shading of the eyes +and in most cases the use of a mydriatic to prevent synechiae +when the iris is involved. Often it is advisable to do something +for the general health. In young people there is probably nothing +better than cod-liver oil and syrup of the iodide of iron. Inherited +syphilis, tuberculous and other inflammations are the +causes of secondary keratitis.</p> + +<p><i>Neuro-paralytic Keratitis.</i>—When the fifth nerve is paralysed +there is a tendency for the cornea to become inflamed. Different +forms of inflammation may then occur which all, besides anaesthesia, +show a marked slowness in healing. The main cause of +neuro-paralytic keratitis lies in the greater vulnerability of +the cornea. The prognosis is necessarily bad. The treatment +consists in as far as possible protecting the eye from external +influences, by keeping it tied up, and by frequently irrigating +with antiseptic lotions.</p> + +<p>Certain non-inflammatory and degenerative changes are met +with in the cornea. Of these may be mentioned <i>keratoconus</i> +or conical cornea, in which, owing to some disturbance of vitality, +the nature of which has not been discovered, the normal curvature +of the cornea becomes altered to something more of a hyberboloid +of revolution, with consequent impairment of vision: <i>arcus +senilis</i>, a whitish opacity due to fatty degeneration, extending +round the corneal margin, varying in thickness in different +subjects and usually only met with in old people: <i>transverse +calcareous film</i>, consisting of a finely punctiform opacity extending, +in a tolerably uniformly wide band, occupying the zone of +the cornea which is left uncovered when the lids are half closed.</p> + +<p>Tumours of the cornea are not common. Those chiefly met +with are dermoids, fibromata, sarcomata and epitheliomata.</p> + +<p><i>Scleritis.</i>—Inflammation of the sclera is confined to its anterior +part which is covered by conjunctiva. Scleritis may occur in +circumscribed patches or may be diffused in the shape of a belt +round the cornea. The former is usually more superficial and +uncomplicated, the latter deeper and complicated with corneal +infiltration, irido-cyclitis and anterior choroiditis. Superficial +scleritis or, as it is often called, <i>episcleritis</i>, is a long-continued +disease which is associated with very varying degrees of discomfort. +The chronic nature of the affection depends mainly +upon the tendency that the inflammation has to recur in successive +patches at different parts of the sclera. Often only one eye at a +time is affected. Each patch lasts for a month or two and is +succeeded by another after an interval of varying duration. +Months or years may elapse between the attacks. The cicatricial +site of a previous patch is rarely again attacked. The scleral +infiltration causes a firm swelling, often sensitive to touch, over +which the conjunctiva is freely movable. The overlying conjunctiva +is always injected. The infiltration itself at the height +of the process is densely vascularized. Seen through the conjunctiva +its vessels have a darker, more purplish hue than the +superficial ones. The swelling caused by the infiltration gradually +subsides, leaving a cicatrix to which the overlying conjunctiva +becomes adherent. The cicatrix has a slaty porcellanous-looking +colour. Superficial scleritis occurs in both sexes with +about equal frequency. No definite cause for the inflammation +is known. The treatment on the whole is unsatisfactory. +Burning down the nodules with the actual cautery, and subsequently +a visit to such baths as Harrogate, Buxton, Homburg +and Wiesbaden, may be recommended.</p> + +<p>Deep scleritis with its attendant complications is altogether +a more serious disease. Etiologically it is equally obscure. +Both eyes are almost always attacked. It more generally occurs +in young people, mostly in young women. Deep scleritis is +more persistent and less subject to periods of intermission than +episcleritis. The deeper and more wide-spread inflammatory +infiltrations of the sclera lead eventually to weakening of that +coat, and cause it to yield to the intra-ocular pressure. Vision +suffers from extension of the infiltration to the cornea, or from +iritis with its attendant synechiae, or from anterior choroiditis, +and sometimes also from secondary glaucoma. The treatment +is on the whole unsatisfactory. Iridectomy, especially if done +early in the process, may be of use.</p> + +<p><i>The Aqueous Humour.</i>—Intransparency of the aqueous humour +is always due to some exudation. This comes either from the +iris or the ciliary processes, and may be blood, pus or fibrin. +An exudation in this situation tends naturally to gravitate to +the most dependent part, and, in the case of blood or pus, is +known as <i>kyphaema</i> or <i>hypopyon</i>.</p> + +<p><i>The Crystalline Lens Cataract.</i>—Intransparency of the crystalline +lens is technically known as <i>cataract</i>. Cataract may be +idiopathic and uncomplicated, or traumatic, or secondary to +<span class="pagenum"><a name="page97" id="page97"></a>97</span> +disease in the deeper parts of the eye. The modified epithelial +structure of which the lens is composed is always being added to +throughout life. The older portions of the lens are consequently +the more central. They are harder and less elastic. This +arrangement seems to predispose to difficulties of nutrition. +In many people, in the absence altogether of general or local +disease, the transparency of the lens is lost owing to degeneration +of the incompletely-nourished fibres. This idiopathic cataract +mostly occurs in old people; hence the term <i>senile cataract</i>. +So-called <i>senile</i> cataract is not, however, necessarily associated +with any general senile changes. An idiopathic uncomplicated +cataract is also met with as a congenital defect due to faulty +development of the crystalline lens. A particular and not +uncommon form of this kind of cataract, which may also develop +during infancy, is <i>lamellar</i> or <i>zonular cataract</i>. This is a partial +and stationary form of cataract in which, while the greater part +of the lens retains its transparency, some of the lamellae are +intransparent. Traumatic cataract occurs in two ways: by +laceration or rupture of the lens capsule, or by nutritional changes +consequent upon injuries to the deeper structures of the eye. +The transparency of the lens is dependent upon the integrity +of its capsule. Penetrating wounds of the eye involving the +capsule, or rupture of the capsule from severe blows on the eye +without perforation of its coats, are followed by rapidly developing +cataract. Severe non-penetrating injuries, which do not +cause rupture of the capsule, are sometimes followed, after a +time, by slowly-progressing cataract. Secondary cataract is +due to abnormalities in the nutrient matter supplied to the lens +owing to disease of the ciliary body, choroid or retina. In some +diseases, as diabetes, the altered general nutrition tells in the +same way on the crystalline lens. Cataract is then rapidly +formed. All cases of cataract in diabetes are not, however, +necessarily true diabetic cataracts in the above sense. <i>Dislocations +of the lens</i> are traumatic or congenital. In old-standing +disease of the eye the suspensory ligament may yield in part, +and thus lead to lens dislocation. The lens is practically always +cataractous before this takes place.</p> + +<p><i>The Vitreous Humour.</i>—The vitreous humour loses its transparency +owing to exudation from the inflamed ciliary body or +choroid. The exudation may be fibrinous or purulent; the +latter only as a result of injuries by which foreign bodies or +septic matter are introduced into the eye or in metastatic +choroiditis. Blood may also be effused into the vitreous from +rupture of retinal, ciliary or choroidal vessels. The pathological +significance of the various effusions into the vitreous depends +greatly upon the cause. In many cases effusion and absorption +are constantly taking place simultaneously. The extent of +possible clearing depends greatly upon the preponderance of +the latter process.</p> + +<p><i>Diseases of the Iris and Ciliary Body.</i>—Inflammation of the +iris, iritis, arises from different causes. The various idiopathic +forms have relations to constitutional disturbances such as +rheumatism, gout, albuminuria, tuberculosis, fevers, syphilis, +gonorrhoea and others, or they may come from cold alone. +Traumatic and infected cases are attributable to accidents, +the presence of foreign bodies, operations, &c. In addition, +iritis may be secondary to keratitis, scleritis or choroiditis. +The beginning of an attack of inflammation of the iris is characterized +by alterations in its colour due to hyperaemia and by +circumcorneal injection. Later on, exudation takes place into +the substance of the iris, causing thickening and also a loss of +gloss of its surface. According to the nature and severity of +the exudation there may be deposits formed on the back of the +cornea, attachments between the iris and lens capsule (synechiae), +or even gelatinous-looking coagulations or pus in the anterior +chamber.</p> + +<p>The subjective symptoms to which the inflammation may +give rise are dread of light (<i>photophobia</i>), pain, generally most +severe at night and often very great, also more or less impairment +of sight. Along with the pain and photophobia there is lacrymation. +An acute attack of iritis usually lasts about six weeks. +Some cases become chronic and last much longer. Others are +chronic from the first, and in one clinical type of iritis, in which +the ciliary body is also at the same time affected, viz. <i>iritis +serosa</i>, there is usually comparatively little injection of the eye +or pain, so that the patient’s attention may only be directed to +the eye owing to the gradual impairment of sight which results. +In some cases, and more particularly in men, there is a tendency +to the recurrence at longer or shorter intervals of attacks of +iritis (<i>recurrent iritis</i>). In these cases, as well as in all cases of +plastic iritis which have not been properly treated, serious +consequences to sight are apt to follow from the binding down +of the iris to the lens capsule and the occlusion of the pupil by +exudation.</p> + +<p>Inflammation of the ciliary body, <i>cyclitis</i>, is frequently associated +with iritis. This association is probable in all cases where +there are deposits on the posterior surface of the cornea. It is +certain where there are changes in the intra-ocular tension. +Often in cyclitis there is a very marked diminution in tension. +Cyclitis is also present when the degree of visual disturbance +is greater than can be accounted for by the visible changes in +the pupil and anterior chamber. The exudation may, as in +iritis, be serous, plastic or purulent. It passes from the two +free surfaces of the ciliary body into the posterior aqueous, and +into the vitreous, chambers. This produces, what is a constant +sign of cyclitis, more or less intransparency of the vitreous +humour. Where there has been excessive exudation into the +vitreous, subsequent shrinking and liquefaction take place, +leading to detachment of the retina and consequent blindness.</p> + +<p>The treatment of iritis necessarily differs to some extent +according to the cause. The general treatment applicable to +all cases need only be here considered. What should be aimed +at, at the time of the inflammation, is to put the eye as far as +possible at rest, to prevent the formation of synechiae and +alleviate the pain. An attempt should be made to get the pupil +thoroughly dilated with atropine. The dilatation should be kept +up as long as any circumcorneal injection lasts. If a case of +iritis be left to itself or treated without the use of a mydriatic, +posterior synechiae almost invariably form. Some fibrinous +exudation may even organize into a membrane stretching +across, and more or less completely occluding, the pupil. +Synechiae, though not of themselves causing impairment of +vision, increase the risk that the eye runs from subsequent +attacks of iritis. It should however be remembered that as +the main call for a mydriatic is to prevent synechiae, the <i>raison +d’être</i> for its use no longer exists when, having been begun too +late, the pupil cannot properly be dilated by it. Under these +conditions it may even do harm. The eyes should also be kept +shaded from the light by the use of a shade or neutral-tinted +glasses. During an attack any use of the eyes for reading or +sewing or work of any kind calling for accommodation must be +prohibited. This applies equally to the case of inflammation +in one eye alone and in both.</p> + +<p>Pain is best relieved by hot fomentations, cocain, and in +many cases the internal use of salicin or phenacetin. The +treatment sometimes required for cases of old iritis is iridectomy. +The operation is called for in two different classes of cases. +In the first place, to improve vision where the pupil is small, and +to a great extent occluded, though the condition has not so far +led to serious nutritive changes; and in the second place, with +the object as well of preventing the complete destruction of +vision which either the existing condition or the danger of +recurrence of the inflammation has threatened. Iridectomy +for iritis should be performed when the inflammation has +entirely subsided. The portion of iris excised should be large. +The operation is urgently called for where the condition of <i>iris +bombans</i> exists.</p> + +<p>Iris tumours, either simple or malignant, are of rare occurrence.</p> + +<p>A frequent result of a severe blow on the eye is a separation +of a portion of the iris from its peripheral attachment (<i>iridodialysis</i>). +Of congenital anomalies the most commonly met with +are coloboma and more or less persistence of the foetal pupillary +membrane. The most serious form of irido-cyclitis is that which +may follow penetrating wounds of the eye. Under certain +<span class="pagenum"><a name="page98" id="page98"></a>98</span> +conditions this leads to a similar inflammation in the other eye. +This so-called <i>sympathetic ophthalmitis</i> is of a malignant type, +causing destruction of the sympathizing eye.</p> + +<p><i>The Retina.</i>—Choroidal inflammations are generally patchy, +various foci of inflammation being scattered over the choroid. +These patches may in course of time become more or less confluent. +The effect upon vision depends upon the extent to which +the external or percipient elements of the retina become involved. +It is especially serious when the more central portions of the +retina, are thus affected (<i>choroido-retinitis centralis</i>).</p> + +<p>A peculiar and grave pathological condition of the eye is what +is known as <i>glaucoma</i>. A characteristic of this condition is +increase of the intra-ocular tension, which has a deleterious +effect on the optic nerve end and its ramifications in the retina. +The cause of the rise of tension is partly congestive, partly +mechanical. The effect of glaucoma, when untreated, is to cause +ever-increasing loss of sight, although the time occupied by the +process before it leads to complete blindness varies within such +extraordinary wide limits as from a few hours to many years. +The uveal tract may be the site of <i>sarcoma</i>.</p> + +<p>The retina is subject to inflammation, to detachment from the +choroid, to haemorrhages from the blood-vessels and to tumour. +Retinal inflammation may primarily affect either the nerve +elements or the connective tissue framework. The former is +usually associated with some general disease such as albuminuria +or diabetes and is bilateral. The tissue changes are oedema, the +formation of exudative patches, and haemorrhage. Where the +connective tissue elements are primarily affected, the condition +is a slow one, similar to <i>sclerosis</i> of the central nervous system. +The gradual blindness which this causes is due to compression +of the retinal nerve elements by the connective tissue hyperplasia, +which is always associated with characteristic changes in the +disposition of the retinal pigment. This retinal sclerosis is +consequently generally known as <i>retinitis pigmentosa</i>, a disease +to which there is a hereditary predisposition. Besides occurring +during inflammation, haemorrhages into the retina are met with +in phlebitis of the central retinal vein, which is almost invariably +unilateral, and in certain conditions of the blood, as pernicious +anaemia, when they are always bilateral.</p> + +<p>The optic nerve is subject to inflammation (optic neuritis) +and atrophy. Double optic neuritis, affecting, however, only +the intra-ocular ends of the nerves, is an almost constant +accompaniment of brain tumour. Unilateral neuritis has a +different causation, depending upon an inflammation, mainly +perineuritic, of the nerve in the orbit. It is analogous to +peripheral inflammation of other nerves, such as the third, +fourth, sixth and seventh cranial nerves.</p> + +<p><i>Diseases of the Conjunctiva.</i>—These are the most frequent +diseases of the eye with which the surgeon has to deal. They +generally lead to more or less interference with the functional +activity of the eye and often indeed to great impairment of vision +owing to the tendency which there is for the cornea to become +implicated.</p> + +<p>Many different micro-organisms are of pathogenetic importance +in connexion with the conjunctiva. Microbes exist in the normal +conjunctival sac. These are mostly harmless, though it is usual +to find at any rate a small proportion of others which are known +to be pyogenetic. This fact is of great importance in connexion +both with problems of etiology and the practical question of +operations on the eye.</p> + +<p><i>Hyperaemia.</i>—When the conjunctiva becomes hyperaemic +its colour is heightened and its transparency lessened. Sometimes +too it becomes thickened and its surface altered in appearance. +The often marked heightening of colour is due to the very +superficial position of the dilated vessels. This is specially the +case with that part of the membrane which forms the transition +fold between the palpebral and the ocular conjunctiva. Consequently +it is there that the redness is most marked, while it is +seen to diminish towards the cornea. An important diagnostic +mark is thus furnished between purely conjunctival hyperaemia +and what is called circumcorneal congestion, which is always +an indication of more deep-seated vascular dilatation. It also +differs materially from a scleral injection, in which there is a +visible dilatation of the superficial scleral vessels.</p> + +<p>When a conjunctival hyperaemia has existed for some time +the papillae become swollen, and small blebs form on the surface +of the membrane: sometimes too, lymph follicles begin to show. +The enlargement and compression of adjacent papillae give +rise to a velvety appearance of the surface.</p> + +<p>Hyperaemia of the conjunctiva where not followed by inflammation +causes more or less lacrymation but no alteration +in the character of its secretion. The hyperaemia may be acute +and transitory or chronic. Much depends upon the cause as well +as upon the persistence of the irritation which sets it up.</p> + +<p>Traumata, the presence of foreign bodies in the conjunctival +sac, or the irritations of superficial chalky infarcts in the +Meibomian ducts, cause more or less severe transitory congestion. +Continued subjection to irritating particles such as flour, stones, +dust, &c. , causes a more continued hyperaemia which is often +circumscribed and less pronounced. Bad air in schools, barracks, +workhouses, &c. , also causes a chronic hyperaemia in which it is +common to find a follicular hyperplasia. Long exposure to too +intense light, astigmatism and other ocular defects which cause +asthenopia lead also to chronic hyperaemia. Anaemic individuals +are often subject to discomfort from hyperaemia of this nature.</p> + +<p>The treatment of conjunctival hyperaemia consists first in +the removal of the cause when it can be discovered. Often +this is difficult. In addition the application of hot sterilized +water is useful and soothing.</p> + +<p><i>Conjunctivitis.</i>—When the conjunctiva is actually inflamed +the congested membrane is brought into a condition of heightened +secreting action. The secretions become more copious and more +or less altered in character. A sufficiently practical though by +no means sharply defined clinical division of cases of conjunctivitis +is arrived at by taking into consideration the character of +the secretion from the inflamed membrane and the visible tissue +alterations which the membrane undergoes. The common +varieties of conjunctivitis which may thus be distinguished are the +following: (α) Catarrhal conjunctivitis, (β) Purulent conjunctivitis, +(γ) Phlyctenular conjunctivitis, (δ) Granular conjunctivitis +and (ε) Diphtheritic conjunctivitis.</p> + +<p>However desirable a truly etiological classification might +appear to be, it is doubtful whether such could satisfactorily +be made. So much is certain at all events, that not only can +identically the same clinical appearance result from the actions +of quite different pathogenetic organisms, but that various +concomitant circumstances may lead to very different clinical +signs being set up by one and the same microbe. As regards +<i>contagion</i> there is no doubt that the secretion in the case of a +true conjunctivitis (<i>i.e.</i> not merely a hyperaemia) is always more +or less contagious. The degree of virulence varies not only in +different cases, but the effect of contagion from the same source +may be different in different individuals. Healthy conjunctivae +may thus react differently, not only as regards the degree of +severity, but even according to different clinical types, when +infected by secretion from the same source. There are no doubt +different reasons for this, such as the stage at which the inflammation +has arrived in the eye from which the secretion is derived, +differences in the surroundings and in the susceptibility of the +infected individuals, the presence of dormant microbes of a +virulent type in the healthy conjunctiva which has been infected, +&c. Many points in this connexion are very difficult to investigate +and much remains to be elucidated. Contagion usually +takes place directly and not through the air. Often in this +way one eye is first affected and may in some cases, when +sufficient care is afterwards taken, be the only one to suffer.</p> + +<p>The treatment in all severer forms of conjunctivitis should be +undertaken with the primary object in view of preventing any +implication of the cornea.</p> + +<p><i>Catarrhal conjunctivitis</i>, which is characterized by an increased +mucoid secretion accompanying the hyperaemia, is usually +bilateral and may be either acute or chronic. Acute conjunctivitis +lasts as a rule only for a week or two: the chronic type +may persist, with or without occasional exacerbations, for +<span class="pagenum"><a name="page99" id="page99"></a>99</span> +years. The subjective symptoms vary in intensity with the +severity of the inflammation. There is always more or less +troublesome “burning” in the eyes with a tired heavy feeling +in the lids. This is aggravated by reading, which is most distressing +in a close or smoky atmosphere and by artificial light. +In acute cases, indeed, reading is altogether impossible. In all +cases of catarrhal conjunctivitis the symptoms are also more +marked if the eyes have been tied up, even though this may +produce a temporary relief.</p> + +<p>A curious variety of acute catarrhal conjunctivitis, in which +the hyperaemia and lacrymation are the predominant features, +is the so-called <i>hay-fever</i>. In this condition the mucous membrane +of the nose and throat are similarly affected, and there +is at the same time more or less constitutional disturbance. +Hay-fever is due to irritation from the pollen of many plants, but +principally from that of the different grasses. Some people are +so susceptible to it that they invariably suffer every year during +the early summer months. Here it is difficult to remove the +cause, but many cases can be cured and almost all are alleviated +be means of a special antitoxin applied locally.</p> + +<p>Other ectogenetic causes of catarrhal conjunctivitis which +have been studied are mostly microbic. Of these the most +common are the Morax-Axenfeld and the Koch-Weeks conjunctivitis.</p> + +<p>The Morax-Axenfeld bacillus sets up a conjunctivitis which +affects individuals of all ages and conditions and which is contagious. +The inflammation is usually chronic, at most subacute. +It is often sufficiently characteristic to be recognized without a +microscopical examination of the secretions. In typical cases +the lid margin, palpebral conjunctiva, and it may be a patch +of ocular conjunctiva at the outer or inner angle are alone +hyperaemic: the secretion is not copious and is mostly found +as a greyish coagulum lying at the inner lid-margin. The +subjective symptoms are usually slight. Complications with +other varieties of catarrhal conjunctivitis are not uncommon. +This mild form of conjunctivitis generally lasts for many months, +subject to more or less complete disappearance followed by +recurrences. It can be rapidly cured by the use of an oxide of +zinc ointment, which should be continued for some time after +the appearances have altogether passed off.</p> + +<p>The conjunctivitis caused by the Koch-Weeks microbe is +still more common. It is a more acute type, affects mostly +children, and is very contagious and often epidemic. Here the +hyperaemia involves both the ocular and the palpebral conjunctiva, +and usually there is considerable swelling of the lids +and a copious secretion. Both eyes are always affected. +Occasionally the engorged conjunctival vessels give way, causing +numerous small extravasations (ecchymoses). Complications +with phlyctenulae (<i>vide infra</i>) are common in children. The +acute symptoms last for a week or ten days, after which the +course is more chronic. Treatment with nitrate of silver in +solution is generally satisfactory. Other less frequent microbic +causes of catarrhal conjunctivitis yield to the same treatment.</p> + +<p>A form of <i>epidemic muco-purulent conjunctivitis</i> is not uncommon, +in which the swelling of the conjunctival folds and lids +is much more marked and the secretions copious. It is less +amenable to treatment and also apt to be complicated by +corneal ulceration. The microbe which gives rise to this condition +has not been definitely established. This inflammation is +also known as <i>school ophthalmia</i>. This is extremely contagious, +so that isolation of cases becomes necessary. The treatment +with weak solutions of sub-acetate of lead during the acute +stage, provided there be no corneal complication, and subsequently +with a weak solution of tannic acid, may be recommended.</p> + +<p><i>Purulent Conjunctivitis.</i>—Some of the severer forms of +catarrhal conjunctivitis are accompanied not only by a good +deal of swelling of both conjunctiva and lids but also by a +decidedly muco-purulent secretion. Nevertheless there is a +sufficiently sharply-defined clinical difference between the +catarrhal and purulent types of inflammation. In purulent +conjunctivitis the oedema of the lids is always marked, often +excessive, the hyperaemia of the whole conjunctiva is intense: +the membrane is also infiltrated and swollen (chemosis), the +papillae enlarged and the secretion almost wholly purulent. +Although this variety of conjunctivitis is principally due to +infection by gonococci, other microbes, which more frequently +set up a catarrhal type, may lead to the purulent form.</p> + +<p>All forms are contagious, and transference of the secretion +to other eyes usually sets up the same type of severe inflammation. +The way in which infection mostly takes place is by +direct transference by means of the hands, towels, &c. , of +secretions containing gonococci either from the eye or from +some other mucous membrane. The poison may also sometimes +be carried by flies. The dried secretion loses its virulence.</p> + +<p>In new-born children (<i>ophthalmia neonatorum</i>) infection +takes place from the maternal passages during birth. Notwithstanding +the great changes which occur during the progress +of a purulent conjunctivitis, there is on recovery a complete +<i>restitutio ad integrum</i> so far as the conjunctiva is concerned. +Owing to the tendency to severe ulceration of the cornea, more +or less serious destructions of that membrane, and consequently +more or less interference with sight, may result before the +inflammation has passed off. This is a special danger in the +case of adults. For this reason when only one eye is affected +the first point to be attended to in the treatment is to secure the +second eye from contagion by efficient occlusion. The appliance +known as Buller’s shield, a watch-glass strapped down by plaster, +is the best for this purpose. It not only admits of the patient +seeing with the sound eye, but allows the other to remain under +direct observation. The treatment otherwise consists in frequent +removal of the secretions from the affected eye, and the use +of nitrate of silver solution as a bactericide applied directly +to the conjunctival surface; sometimes it is necessary to cut +away the chemotic conjunctiva immediately surrounding the +cornea. When the cornea has become affected efforts may be +made with the thermo-cautery or otherwise to limit the area of +destruction and thus admit of something being done to improve +the vision after all inflammation has subsided. The greatest +cleanliness as well as proper antiseptic precautions should of +course be observed by every one in any way connected with the +treatment of such cases.</p> + +<p><i>Phlyctenular conjunctivitis</i> is an acute inflammation of the +ocular conjunctiva, in which little blebs or phlyctenules form, +more particularly in the vicinity of the corneal margin, as well as +on the epithelial continuation of the conjunctiva which covers +the cornea. The inflammation is characterized by being distributed +in little circumscribed foci and not diffused as in all +other forms of conjunctivitis. In it the conjunctival secretion +is not altered, unless there should exist at the same time a complication +with some other form of conjunctivitis. This condition +is most frequent in children, particularly such as are ill-nourished +or are recovering from some illness, <i>e.g.</i> measles. The susceptibility +occurs in fact mainly where there exists what used to be +called a “strumous” diathesis. In many cases, therefore, there +is some kind of tubercular basis for the manifestations. This +basis has to do with the susceptibility only, at all events to begin +with. The local changes are not tuberculous; their exact origin +has not been clearly established. They are in all probability +produced by staphylococci.</p> + +<p>Many children suffering from phlyctenular conjunctivitis get +after a short time an eczematous excoriation of the skin of the +nostrils. This excoriated, scabby area contains crowds of +staphylococci which find a nidus here, where the copious tear-flow +down the nostrils has excoriated and irritated the skin. +Lacrymation is indeed a very common concomitant of phlyctenular +conjunctivitis. Another frequently distressing symptom +is a pronounced dread of light (<i>photophobia</i>), which often leads +to convulsive and very persistent closing of the lids (<i>blepharospasm</i>). +Indeed the relief of the photophobia is often the most +important point to be considered in the treatment of phlyctenular +conjunctivitis. The photophobia may be very severe +when the local changes are slight. The eyes should be shaded +but not bandaged. Cocain may be freely used. The best +<span class="pagenum"><a name="page100" id="page100"></a>100</span> +local application is the yellow oxide of mercury used as an +ointment.</p> + +<p>Phlyctenular conjunctivitis, and the corneal complications +with which it is so often associated, constitute a large proportion +(from ¼ to <span class="spp">1</span>⁄<span class="suu">3</span>) of all eye affections with which the surgeon has to +deal.</p> + +<p><i>Granular Conjunctivitis.</i>—This disease, which also goes by the +name of <i>trachoma</i>, is characterized by an inflammatory infiltration +of the adenoid tissue of the conjunctiva. The inflammation +is accompanied by the formation of so-called <i>granules</i>, and at the +same time by a hyperplasia of the papillae. The changes further +lead in the course of time to cicatricial transformations, so that +a gradual and progressive atrophy of the conjunctiva results. +The disease takes its origin most frequently in the conjunctival +fold of the upper lid, but eventually as a rule involves +the corna and the deeper tissues of the lid, particularly the +tarsus.</p> + +<p>The etiology of trachoma is unknown. Though a perfectly +distinctive affection when fully established, the differential +diagnosis from other forms of conjunctivitis, particularly those +associated with much follicular enlargement or which have begun +as purulent inflammation, may be difficult. Trachoma is mostly +chronic. When occurring in an acute form it is more amenable +to treatment and less likely to end in cicatricial changes. Fully +half the cases of trachoma which occur are complicated by +<i>pannus</i>, which is the name given to the affection when it has +spread to the cornea. Pannus is a superficial vascularized infiltration +of the cornea. The veiling which it produces causes +more or less defect of sight.</p> + +<p>Various methods of treatment are in use for trachoma. Expression +by means of roller-forceps or repeated grattage are +amongst the more effective means of surgical treatment, while +local applications of copper sulphate or of alum are certainly +useful in suitable cases.</p> + +<p><i>Diphtheritic conjunctivitis</i> is characterized by an infiltration +into the conjunctival tissues which, owing to great coagulability, +rapidly interferes with the nutrition of the invaded area and +thus leads to necrosis of the diphtheritic membrane. Conjunctival +diphtheria may or may not be associated with +diphtheria of the throat. It is essentially a disease of early +childhood, not more than 10% of all cases occurring after +the age of four. The cornea is exposed to great risk, more +particularly during the first few days, and may be lost by +necrosis. Subsequent ulceration is not uncommon, but may +often be arrested before complete destruction has taken place. +The disease is generally confined to one eye, and complicated by +swelling of the preauricular glands of that side. It may prove +fatal. In true conjunctival diphtheria the exciting cause is the +Klebs-Löffler bacillus. The inflammation occurs in very varying +degrees of severity. The secretion is at first thin and scant, +afterwards purulent and more copious. In severe cases there is +great chemosis with much tense swelling of the lids, which are +often of an ashy-grey colour. A streptococcus infection produces +somewhat similar and often quite as disastrous results.</p> + +<p>The treatment must be both general with antitoxin and local +with antiseptics. Of rarer forms of conjunctivitis may be +mentioned Parinaud’s conjunctivitis and the so-called spring +catarrh.</p> + +<p><i>Non-inflammatory Conjunctival Affections.</i>—These are of less +importance than conjunctivitis, either on account of their comparative +infrequency or because of their harmlessness. The +following conditions may be shortly referred to.</p> + +<p><i>Amyloid degeneration</i>, in which waxy-looking masses grow +from the palpebral conjunctiva of both lids, often attaining very +considerable dimensions. The condition is not uncommon in +China and elsewhere in the East.</p> + +<p><i>Essential Shrinking of the Conjunctiva.</i>—This is the result of +pemphigus, in which the disease has attacked the conjunctiva +and led to its atrophy.</p> + +<p><i>Pterygium</i> is a hypertrophic thickening of the conjunctiva of +triangular shape firmly attached by its apex to the superficial +layers of the cornea. It is a common condition in warm climates +owing to exposure to sun and dust, and often calls for operative +interference.</p> + +<p><i>Tumours of the Conjunctiva.</i>—These may be malignant or +benign, also syphilitic and tubercular.</p> +<div class="author">(G. A. Be.)</div> + +<hr class="foot" /> <div class="note"> + +<p><a name="ft1l" id="ft1l" href="#fa1l"><span class="fn">1</span></a> Some embryologists regard the vitreous body as formed from +the ectoderm (see Quain’s <i>Anatomy</i>, vol. i., 1908).</p> +</div> + + +<hr class="art" /> +<p><span class="bold">EYEMOUTH,<a name="ar93" id="ar93"></a></span> a police burgh of Berwickshire, Scotland. Pop. +(1901) 2436. It is situated at the mouth of the Eye, 7½ m. +N.N.W. of Berwick-on-Tweed by the North British railway via +Burnmouth. Its public buildings are the town hall, library +and masonic hall. The main industry is the fishing and allied +trades. The harbour was enlarged in 1887, and the bay is easily +accessible and affords good anchorage. Owing to the rugged +character of the coast and its numerous ravines and caves the +whole district was once infested with smugglers. The promontory +of St Abb’s Head is 3 m. to the N.W.</p> + + +<hr class="art" /> +<p><span class="bold">EYLAU<a name="ar94" id="ar94"></a></span> (<i>Preussisch-Eylau</i>), a town of Germany, in east +Prussia, on the Pasmar, 23 m. S. by E. of Königsberg by rail on +the line Pillau-Prostken. It has an Evangelical church, a teachers’ +seminary, a hospital, foundries and saw mills. Pop. 3200. +Eylau was founded in 1336 by Arnolf von Eilenstein, a knight +of the Teutonic Order. It is famous as the scene of a battle +between the army of Napoleon and the Russians and Prussians +commanded by General Bennigsen, fought on the 8th of February +1807.</p> + +<p>The battle was preceded by a severe general engagement on +the 7th. The head of Napoleon’s column (cavalry and infantry), +advancing from the south-west, found itself opposed at the outlet +of the Grünhöfchen defile by a strong Russian rearguard which +held the (frozen) lakes on either side of the Eylau road, and +attacked at once, dislodging the enemy after a sharp conflict. +The French turned both wings of the enemy, and Bagration, +who commanded the Russian rearguard, retired through Eylau +to the main army, which was now arrayed for battle east of +Eylau. Barclay de Tolly made a strenuous resistance in Eylau +itself, and in the churchyard, and these localities changed hands +several times before remaining finally in possession of the French. +It is very doubtful whether Napoleon actually ordered this +attack upon Eylau, and it is suggested that the French soldiers +were encouraged to a premature assault by the hope of obtaining +quarters in the village. There is, however, no reason to suppose +that this attack was prejudicial to Napoleon’s chance of +success, for his own army was intended to pin the enemy in front, +while the outlying “masses of manoeuvre” closed upon his +flanks and rear (see <span class="sc"><a href="#artlinks">Napoleonic Campaigns</a></span>). In this case the +vigour of the “general advanced guard” was superfluous, for +Bennigsen stood to fight of his own free will.</p> + +<p>The foremost line of the French bivouacs extended, from +Rothenen to Freiheit, but a large proportion of the army spent +the night in quarters farther back. The Russian army on the +other hand spent the night bivouacked in order of battle, the +right at Schloditten and the left at Serpallen. The cold was +extreme, 2° F. being registered in the early morning, and food +was scarce in both armies. The ground was covered at the time +of battle with deep snow, and all the lakes and marshes were +frozen, so that troops of all arms could pass everywhere, so far +as the snow permitted. Two of Napoleon’s corps (Davout and +Ney) were still absent, and Ney did not receive his orders until +the morning of the 8th. His task was to descend upon the +Russian right, and also to prevent a Prussian corps under +Lestocq from coming on to the battlefield. Davout’s corps +advancing from the south-east on Mollwitten was destined for +the attack of Bennigsen’s left wing about Serpallen and Klein +Sausgarten. In the meantime Napoleon with his forces at and +about Eylau made the preparations for the frontal attack. +His infantry extended from the windmill, through Eylau, to +Rothenen, and the artillery was deployed along the whole front; +behind each infantry corps and on the wings stood the cavalry. +The Guard was in second line south of Eylau, and an army +reserve stood near the Waschkeiten lake. Bennigsen’s army +was drawn up in line from Schloditten to Klein Sausgarten, the +front likewise covered by guns, in which arm he was numerically +much superior. A detachment occupied Serpallen.</p> + +<p>The battle opened in a dense snowstorm. About 8 <span class="scs">A.M.</span> +<span class="pagenum"><a name="page101" id="page101"></a>101</span> +Bennigsen’s guns opened fire on Eylau, and after a fierce but +undecided artillery fight the French delivered an infantry +attack from Eylau. This was repulsed with heavy losses, and the +Russians advanced towards the windmill in force. Thereupon +Napoleon ordered his centre, the VII. corps of Augéreau to move +forward from the church against the Russian front, the division +of St Hilaire on Augéreau’s right participating in the attack. +If we conceive of this first stage of the battle as the action of +the “general advanced guard,” Augéreau must be held to have +overdone his part. The VII. corps advanced in dense masses, +but in the fierce snowstorm lost its direction. St Hilaire attacked +directly and unsupported; Augéreau’s corps was still less +fortunate. Crossing obliquely the front of the Russian line, as +if making for Schloditten, it came under a <i>feu d’enfer</i> and was +practically annihilated. In the confusion the Russian cavalry +charged with the utmost fury downhill and with the wind behind +them. Three thousand men only out of about fourteen thousand +appeared at the evening parade of the corps. The rest were +killed, wounded, prisoners or dispersed. The marshal and every +senior officer was amongst the killed and wounded, and one +regiment, the 14th of the Line, cut off in the midst of the Russians +and refusing to surrender, fell almost to a man. The Russian +counterstroke penetrated into Eylau itself and Napoleon himself +was in serious danger. With the utmost coolness, however, he +judged the pace of the Russian advance and ordered up a +battalion of the Guard at the exact moment required. In the +streets of Eylau the Guard had the Russians at their mercy, +and few escaped. Still the situation for the French was desperate +and the battle had to be maintained at all costs. Napoleon now +sent forward the cavalry along the whole line. In the centre +the charge was led by Murat and Bessières, and the Russian +horsemen were swept off the field. The Cuirassiers under +D’Hautpoult charged through the Russian guns, broke through +the first line of infantry and then through the second, penetrating +to the woods of Anklappen.</p> + +<div class="center pt2"><img style="width:522px; height:476px; vertical-align: middle;" src="images/img101b.jpg" alt="" /></div> + +<p class="pt2">The shock of a second wave of cavalry broke the lines again, +and though in the final retirement the exhausted troopers lost +terribly, they had achieved their object. The wreck of Augéreau’s +and other divisions had been reformed, the Guard brought up +into first line, and, above all, Davout’s leading troops had occupied +Serpallen. Thence, with his left in touch with Napoleon’s +right (St Hilaire), and his right extending gradually towards +Klein Sausgarten, the marshal pressed steadily upon the Russian +left, rolling it up before him, until his right had reached +Kutschitten and his centre Anklappen. By that time the +troops under Napoleon’s immediate command, pivoting their left +on Eylau church, had wheeled gradually inward until the general +line extended from the church to Kutschitten. The Russian +army was being driven westward, when the advance of Lestocq +gave them fresh steadiness. The Prussian corps had been +fighting a continuous flank-guard action against Marshal Ney +to the north-west of Althof, and Lestocq had finally succeeded +in disengaging his main body, Ney being held up at Althof by +a small rearguard, while the Prussians, gathering as they went the +fugitives of the Russian army, hastened to oppose Davout. +The impetus of these fresh troops led by Lestocq and his staff-officer +Scharnhorst was such as to check even the famous +divisions of Davout’s corps which had won the battle of Auerstädt +single-handed. The French were now gradually forced back +until their right was again at Sausgarten and their centre on +the Kreege Berg.</p> + +<p>Both sides were now utterly exhausted, for the Prussians +also had been marching and fighting all day against Ney. The +battle died away at nightfall, Ney’s corps being unable effectively +to intervene owing to the steadiness of the Prussian detachment +left to oppose him, and the extreme difficulty of the roads. +A severe conflict between the Russian extreme right and Ney’s +corps which at last appeared on the field at Schloditten ended +the battle. Bennigsen retreated during the night through Schmoditten, +Lestocq through Kutschitten. The numbers engaged +in the first stage of the battle may be taken as—Napoleon, 50,000, +Bennigsen, 67,000, to which later were added on the one side +Ney and Davout, 29,000, on the other Lestocq, 7000. The losses +were roughly, 15,000 men to the French, 18,000 to the Allies, or +21 and 27% respectively of the troops actually engaged. The +French lost 5 eagles and 7 other colours, the Russians 16 colours +and 24 guns..</p> + + +<hr class="art" /> +<p><span class="bold">EYRA<a name="ar95" id="ar95"></a></span> (<i>Felis eyra</i>), a South American wild cat, of weasel-like +build, and uniform coloration, varying in different individuals +from reddish-yellow to chestnut. It is found in Brazil, Guiana +and Paraguay, and extends its range to the Rio del Norte, but +is rare north of the isthmus of Panama. Little is known of its +habits in a wild state, beyond the fact that it is a forest-dweller, +active in movement and fierce in disposition. Several have +been exhibited in the London Zoological Gardens, and some have +grown gentle in captivity. Don Felix de Azara wrote of one +which he kept on a chain that it was “as gentle and playful as +any kitten could be.” The name is sometimes applied to the +jaguarondi.</p> + + +<hr class="art" /> +<p><span class="bold">EYRE, EDWARD JOHN<a name="ar96" id="ar96"></a></span> (1815-1901), British colonial governor, +the son of a Yorkshire clergyman, was born on the 5th of August +1815. He was intended for the army, but delays having arisen +in producing a commission, he went out to New South Wales, +where he engaged in the difficult but very necessary undertaking +of transporting stock westward to the new colony of South +Australia, then in great distress, and where he became magistrate +and protector of the aborigines, whose interests he warmly +advocated. Already experienced as an Australian traveller, +he undertook the most extensive and difficult journeys in the +desert country north and west of Adelaide, and after encountering +the greatest hardships, proved the possibility of land communication +between South and West Australia. In 1845 he returned +to England and published the narrative of his travels. In 1846 +he was appointed lieutenant-governor of New Zealand, where he +served under Sir George Grey. After successively governing St +Vincent and Antigua, he was in 1862 appointed acting-governor +of Jamaica and in 1864 governor. In October 1865 a negro +insurrection broke out and was repressed with laudable vigour, +but the unquestionable severity and alleged illegality of Eyre’s +subsequent proceedings raised a storm at home which induced +the government to suspend him and to despatch a special +commission of investigation, the effect of whose inquiries, +declared by his successor, Sir John Peter Grant, to have been +“admirably conducted,” was that he should not be reinstated +in his office. The government, nevertheless, saw nothing in +Eyre’s conduct to justify legal proceedings; indictments preferred +by amateur prosecutors at home against him and military +officers who had acted under his direction, resulted in failure, +and he retired upon the pension of a colonial governor. As an +<span class="pagenum"><a name="page102" id="page102"></a>102</span> +explorer Eyre must be classed in the highest rank, but opinions +are always likely to differ as to his action in the Jamaica rebellion. +He died on the 30th of November 1901.</p> + + +<hr class="art" /> +<p><span class="bold">EYRE, SIR JAMES<a name="ar97" id="ar97"></a></span> (1734-1799), English judge, was the son of +the Rev. Thomas Eyre, of Wells, Somerset. He was educated at +Winchester College and at St John’s College, Oxford, which, +however, he left without taking a degree. He was called to the +bar at Gray’s Inn in 1755, and commenced practice in the lord +mayor’s and sheriffs’ courts, having become by purchase one of +the four counsel to the corporation of London. He was appointed +recorder of London in 1763. He was counsel for the plaintiff in +the case of <i>Wilkes</i> v. <i>Wood</i>, and made a brilliant speech in condemnation +of the execution of general search warrants. His refusal to +voice the remonstrances of the corporation against the exclusion +of Wilkes from parliament earned him the recognition of the +ministry, and he was appointed a judge of the exchequer in 1772. +From June 1792 to January 1793 he was chief commissioner of +the great seal. In 1793 he was made chief justice of the common +pleas, and presided over the trials of Horne Tooke, Thomas +Crosfield and others, with great ability and impartiality. He +died on the 1st of July 1799 and was buried at Ruscombe, +Berkshire.</p> + +<div class="condensed"> +<p>See Howell, <i>State Trials</i>, xix. (1154—1155); Foss, <i>Lives of the +Judges</i>.</p> +</div> + + +<hr class="art" /> +<p><span class="bold">EYRIE,<a name="ar98" id="ar98"></a></span> the alternative English form of the words Aerie or +Aery, the lofty nest of a bird of prey, especially of an eagle, +hence any lofty place of abode; the term is also used of the +brood of the bird. The word derives from the Fr. <i>aire</i>, of the +same meaning, which comes from the Lat. <i>area</i>, an open space, +but was early connected with <i>aërius</i>, high in the air, airy, a +confusion that has affected the spelling of the word. The +forms “eyrie” or “eyry” date from a 17th century attempt +to derive the word from the Teutonic <i>ey</i>, an egg.</p> + + +<hr class="art" /> +<p><span class="bold">EZEKIEL<a name="ar99" id="ar99"></a></span> (<span title="Ihezkel">יחזקאל</span>, “God strengthens” or “God is strong”; +Sept. <span class="grk" title="Iezekiel">Ἰεζεκιήλ</span>; Vulg. Ezechiel), son of Buzi, one of the most +vigorous and impressive of the older Israelite thinkers. He +was a priest of the Jerusalem temple, probably a member of +the dominant house of Zadok, and doubtless had the literary +training of the cultivated priesthood of the time, including +acquaintance with the national historical, legal and ritual +traditions and with the contemporary history and customs +of neighbouring peoples. In the year 597 (being then, probably, +not far from thirty years of age) he was carried off +to Babylonia by Nebuchadrezzar with King Jehoiachin and +a large body of nobles, military men and artisans, and there, it +would seem, he spent the rest of his life. His prophecies are +dated from this year (“our captivity,” xl. 1), except in i. 1, +where the meaning of the date “thirtieth year” is obscure; +it cannot refer to his age (which would be otherwise expressed +in Hebrew), or to the reform of Josiah, 621 (which is not elsewhere +employed as an epoch); possibly the reference is to the +era of Nabopolassar (626 according to the Canon of Ptolemy), +if chronological inexactness be supposed (34 or 33 years instead +of 30), a supposition not at all improbable. That the word +“thirtieth” is old, appears from the fact that a scribe has added +a gloss (<i>vv.</i> 2, 3) to bring this statement into accord with the +usual way of reckoning in the book: the “thirtieth” year, +he explains, is the fifth year of the captivity of Jehoiachin. The +exiles dwelt at Tell-abib (“Hill of the flood”), one of the mounds +or ruins made by the great floods that devastated the country,<a name="fa1m" id="fa1m" href="#ft1m"><span class="sp">1</span></a> +near the “river” Chebar (Kebar), probably a large canal not +far south of the city of Babylon. Here they had their own +lands, and some form of local government by elders, and appear +to have been prosperous and contented; probably the only +demand made on them by the Babylonian government was the +payment of taxes.</p> + +<p>Ezekiel was married (xxiv. 18), had his own house, and comported +himself quietly as a Babylonian subject. But he was a +profoundly interested observer of affairs at home and among +the exiles: as patriot and ethical teacher he deplored alike the +political blindness of the Jerusalem government (King Zedekiah +revolted in 588) and the immorality and religious superficiality +and apostasy of the people. He, like Jeremiah, was friendly to +Nebuchadrezzar, regarding him as Yahweh’s instrument for the +chastisement of the nation. Convinced that opposition to +Babylonian rule was suicidal, and interpreting historical events, +in the manner of the times, as indications of the temper of the +deity, he held that the imminent political destruction of the +nation was proof of Yahweh’s anger with the people on account +of their moral and religious depravity; Jerusalem was hopelessly +corrupt and must be destroyed (xxiv.). On the other +hand, he was equally convinced that, as his predecessors had +taught (Hos. xi. 8, 9; Isa. vii. 3 <i>al.</i>), Yahweh’s love for his people +would not suffer them to perish utterly—a remnant would be +saved, and this remnant he naturally found in the exiles in +Babylonia, a little band plucked from the burning and kept safe +in a foreign land till the wrath should have passed (xi. 14 ff.). +This conception of the exiles as the kernel of the restored nation +he further set forth in the great vision of ch. i., in which Yahweh +is represented as leaving Jerusalem and coming to take up his +abode among them in Babylonia for a time, intending, however, +to return to his own city (xliii. 7).</p> + +<p>This, then, was Ezekiel’s political creed—destruction of Jerusalem +and its inhabitants, restoration of the exiles, and meantime +submission to Babylon. His arraignment of the Judeans is +violent, almost malignant (vi. xvi. <i>al.</i>). The well-meaning but weak +king Zedekiah he denounces with bitter scorn as a perjured traitor +(xvii). He does not discuss the possibility of successful resistance +to the Chaldeans; he simply assumes that the attempt is foolish +and wicked, and, like other prophets, he identifies his political +programme with the will of God. Probably his judgment of the +situation was correct; yet, in view of Sennacherib’s failure at +Jerusalem in 701 and of the admitted strength of the city, the +hope of the Jewish nobles could not be considered wholly unfounded, +and in any case their patriotism (like that of the national +party in the Roman siege) was not unworthy of admiration. The +prophet’s predictions of disaster continued, according to the +record, up to the investment of the city by the Chaldean army in +588 (i.-xxiv.); after the fall of the city (586) his tone changed to +one of consolation (xxxiii.-xxxix.)—the destruction of the wicked +mass accomplished, he turned to the task of reconstruction. He +describes the safe and happy establishment of the people in their +own land, and gives a sketch of a new constitution, of which the +main point is the absolute control of public religion by the priesthood +(xl.-xlviii.).</p> + +<p>The discourses of the first period (i.-xxiv.) do not confine themselves +to political affairs, but contain much interesting ethical and +religious material. The picture given of Jerusalemite morals is +an appalling one. Society is described as honeycombed with +crimes and vices; prophets, priests, princes and the people +generally are said to practise unblushingly extortion, oppression, +murder, falsehood, adultery (xxii.). This description is doubtless +exaggerated. It may be assumed that the social corruption in +Jerusalem was such as is usually found in wealthy communities, +made bolder in this case, perhaps, by the political unrest and the +weakness of the royal government under Zedekiah. No such +charges are brought by the prophet against the exiles, in whose +simple life, indeed, there was little or no opportunity for flagrant +violation of law. Ezekiel’s own moral code is that of the prophets, +which insists on the practice of the fundamental civic virtues. +He puts ritual offences, however, in the same category with +offences against the moral law, and he does not distinguish +between immorality and practices that are survivals of old +recognized customs: in ch. xxii. he mentions “eating with the +blood”<a name="fa2m" id="fa2m" href="#ft2m"><span class="sp">2</span></a> along with murder, and failure to observe ritual regulations +along with oppression of the fatherless and the widow; the +old customary law permitted marriage with a half-sister (father’s +daughter), with a daughter-in-law, and with a father’s wife (Gen. +xx. 12, xxxviii. 26; 2 Sam. xvi. 21, 22), but the more refined +<span class="pagenum"><a name="page103" id="page103"></a>103</span> +feeling of the later time frowned on the custom, and Ezekiel +treats it as adultery.<a name="fa3m" id="fa3m" href="#ft3m"><span class="sp">3</span></a> However, notwithstanding the insistence +on ritual, natural in a priest, his moral standard is high; following +the prescription of Ex. xxii. 21 [20] he regards oppression of +resident aliens (a class that had not then received full civil rights) +as a crime (xxii. 7), and in his new constitution (xlvii. 22, 23) +gives them equal rights with the homeborn. His strongest +denunciation is directed against the religious practices of the +time in Judea—the worship of the Canaanite local deities (the +Baals), the Phoenician Tammuz, and the sun and other Babylonian +and Assyrian gods (vi., viii., xvi., xxiii.); he maintained +vigorously the prophetic struggle for the sole worship of Yahweh. +Probably he believed in the existence of other gods, though he +does not express himself clearly on this point; in any case he +held that the worship of other deities was destructive to Israel. +His conception of Yahweh shows a mingling of the high and the +low. On the one hand, he regards him as supreme in power, +controlling the destinies of Babylonia and Egypt as well as those +of Israel, and as inflexibly just in dealing with ordinary offences +against morality. But he conceives of him, on the other hand, +as limited locally and morally—as having his special abode in. +the Jerusalem temple, or elsewhere in the midst of the Israelite +people, and as dealing with other nations solely in the interests +of Israel. The bitter invectives against Ammon, Moab, Edom, +Philistia, Tyre, Sidon and Egypt, put into Yahweh’s mouth, are +based wholly on the fact that these peoples are regarded as +hostile and hurtful to Israel; Babylonia, though nowise superior +to Egypt morally, is favoured and applauded because it is +believed to be the instrument for securing ultimately the prosperity +of Yahweh’s people. The administration of the affairs of +the world by the God of Israel is represented, in a word, as +determined not by ethical considerations but by personal preferences. +There is no hint in Ezekiel’s writings of the grandiose +conception of Isa. xl.-lv., that Israel’s mission is to give the +knowledge of religious truth to the other nations of the world; +he goes so far as to say that Yahweh’s object in restoring the +fortunes of Israel is to establish his reputation among the nations +as a powerful deity (xxxvi. 20-23, xxxvii. 28, xxxix. 23). The +prophet regards Yahweh’s administrative control as immediate: +he introduces no angels or other subordinate supernatural +agents—the cherubs and the “men” of ix. 2 and xl. 3 are merely +imaginative symbols or representations of divine activity. His +high conception of God’s transcendence, it may be supposed, led +him to ignore intermediary agencies, which are common in the +popular literature, and later, under the influence of this same +conception of transcendence, are freely employed.</p> + +<p>The relations between the writings of Ezekiel and those of +Jeremiah is not clear. They have so much in common that they +must have drawn from the same current bodies of thought, or +there must have been borrowing in one direction or the other. +In one point, however,—the attitude toward the ritual—the two +men differ radically. The finer mind of the nation, represented +mainly by the prophets from Amos onward, had denounced +unsparingly the superficial non-moral popular cult. The +struggle between ethical religion and the current worship became +acute toward the end of the 7th century. There were two +possible solutions of the difficulty. The ritual books of our +Pentateuch were not then in existence, and the sacrificial cult +might be treated with contempt as not authoritative. This is +the course taken by Jeremiah, who says boldly that God requires +only obedience (Jer. vii. 21 ff.). On the other hand the better +party among the priests, believing the ritual to be necessary, +might undertake to moralize it; of such a movement, begun +by Deuteronomy, Ezekiel is the most eminent representative. +Priest and prophet, he sought to unify the national religious +consciousness by preserving the sacrificial cult, discarding its +abuses and vitalizing it ethically. The event showed that he +judged the situation rightly—the religious scheme announced +by him, though not accepted in all its details, became the +dominant policy of the later time, and he has been justly called +“the father of Judaism.” He speaks as a legislator, citing +no authority; but he formulates, doubtless, the ideas and +perhaps the practices of the Jerusalem priesthood. His ritual +code (xliii.-xlvi.), which in elaborateness stands midway between +that of Deuteronomy and that of the middle books of the Pentateuch +(resembling most nearly the code of Lev. xvii.-xxvi.) +shows good judgment. Its most noteworthy features are two. +Certain priests of idolatrous Judean shrines (distinguished by +him as “Levites”) he deprives of priestly functions, degrading +them to the rank of temple menials; and he takes from the +civil ruler all authority over public religion, permitting him +merely to furnish material for sacrifices. He is, however, much +more than a ritual reformer. He is the first to express clearly the +conception of a sacred nation, isolated by its religion from all +others, the guardian of divine law and the abode of divine +majesty. This kingdom of God he conceives of as moral: +Yahweh is to put his own spirit into the people,<a name="fa4m" id="fa4m" href="#ft4m"><span class="sp">4</span></a> creating in +them a disposition to obey his commandments, which are moral +as well as ritual (xxxvi. 26, 27). The conception of a sacred +nation controlled the whole succeeding Jewish development; +if it was narrow in its exclusive regard for Israel, its intensity +saved the Jewish religion to the world.</p> + +<p><i>Text and Authorship</i>.—The Hebrew text of the book of Ezekiel +is not in good condition—it is full of scribal inaccuracies and +additions. Many of the errors may be corrected with the aid +of the Septuagint (<i>e.g.</i> the 430—390 + 40—of iv. 5, 6 is to be +changed to 190), and none of them affect the general thought. +The substantial genuineness of the discourses is now accepted by +the great body of critics. The Talmudic tradition (<i>Baba Bathra</i> +14<i>b</i>) that the men of the Great Synagogue “wrote” Ezekiel, +may refer to editorial work by later scholars.<a name="fa5m" id="fa5m" href="#ft5m"><span class="sp">5</span></a> There is no +validity in the objections of Zunz (<i>Gottesdienstl. Vortr.</i>) that +the specific prediction concerning Zedekiah (xii. 12 f.) is non-Prophetic, +and that the drawing-up of a new constitution soon +after the destruction of the city and the mention of Noah, +Daniel, Job and Persia are improbable. The prediction in +question was doubtless added by Ezekiel after the event; the +code belongs precisely in his time, and the constitution was natural +for a priest; Noah, Daniel and Job are old legendary Hebrew +figures; and it is not probable that the prophet’s “Paras” is +our “Persia.” Havet’s contention (in <i>La Modernité des prophètes</i>) +that Gog represents the Parthians (40 <span class="scs">B.C.</span>) has little or +nothing in its support. There are additions made <i>post eventum</i>, +as in the case mentioned above and in xxix. 17-20, and the +description of the commerce of Tyre (xxvii. 9<i>b</i>-25<i>a</i>), which +interrupts the comparison of the city to a ship, looks like an +insertion whether by the prophet or by some other; but there is +no good reason to doubt that the book is substantially the work +of Ezekiel. Ezekiel’s style is generally impetuous and vigorous, +somewhat smoother in the consolatory discourses (xxxiv., +xxxvi., xxxvii.); he produces a great effect by the cumulation +of details, and is a master of invective; he is fond of symbolic +pictures, proverbs and allegories; his “visions” are elaborate +literary productions, his prophecies show less spontaneity than +those of any preceding prophet (he receives his revelations in +the form of a book, ii. 9), and in their present shape were hardly +pronounced in public—a fact that seems to be hinted at in the +statement that he was “dumb” till the fall of Jerusalem (iii. 26, +xxxiii. 22); in private interviews the people did not take him +seriously (xxxiii. 30-33). His book was accepted early as part +of the sacred literature: Ben-Sira (<i>c</i>. 180 <span class="scs">B.C.</span>) mentions him +along with Isaiah and Jeremiah (Ecclus. xlix. 8); he is not +quoted directly in the New Testament, but his imagery is +employed largely in the Apocalypse and elsewhere. His divergencies +from the Pentateuchal code gave rise to serious doubts, +but, after prolonged study, the discrepancies were explained, +and the book was finally canonized (Shab. 13<i>b</i>). According to +<span class="pagenum"><a name="page104" id="page104"></a>104</span> +Jerome (Preface to <i>Comm. on Ezek.</i>) the Jewish youth were +forbidden to read the mysterious first chapter (called the <i>markaba</i>, +the “chariot”) and the concluding section (xl.-xlviii.) till they +reached the age of thirty years.</p> + +<div class="condensed"> +<p>The book divides itself naturally into three parts: the arraignment +of Jerusalem (i.-xxiv.); denunciation of foreign enemies (xxv.-xxxii.); +consolatory construction of the future (xxxiii.-xlviii.). +The opening “vision” (i.), an elaborate symbolic picture, is of the +nature of a general preface, and was composed probably late in the +prophet’s life. Out of the north (the Babylonian sacred mountain) +comes a bright cloud, wherein appear four Creatures (formed on the +model of Babylonian composite figures), each with four faces (man, +lion, bull, eagle) and attended by a wheel; the wheels are full of +eyes, and move straight forward, impelled by the spirit dwelling +in the Creatures (the spirit of Yahweh). Supported on their heads +is something like a crystalline firmament, above which is a form like +a sapphire throne (cf. Ex. xxiv. 10), and on the throne a man-like +form (Yahweh) surrounded by a rainbow brightness. The wheels +symbolize divine omniscience and control, and the whole vision +represents the coming of Yahweh to take up his abode among the +exiles. The prophet then receives his call (ii., iii.) in the shape of a +roll of a book, which he is required to eat (an indication of the +literary form now taken by prophecy). He is informed that the +people to whom he is sent are rebellious and stiff-necked (this indicates +his opinion of the people, and gives the keynote of the following +discourses); he is appointed watchman to warn men when they +sin, and is to be held responsible for the consequences if he fail in +this duty. To this high conception of a preacher’s function the +prophet was faithful throughout his career. Next follow minatory +discourses (iv.-vii.) predicting the siege and capture of Jerusalem-perhaps +revised after the event. There are several symbolic acts +descriptive of the siege. One of these (iv. 4 ff.) gives the duration +of the national punishment in loose chronological reckoning: 40 +years (a round number) for Judah, and 150 more (according to the +corrected text) for Israel, the starting-point, probably, being the +year 722, the date of the capture of Samaria; the procedure described +in <i>v.</i> 8 is not to be understood literally. In vi. the idolatry of the +nation is pictured in darkest colours. Next follows (viii.-xi.) a +detailed description, in the form of a vision, of the sin of Jerusalem: +within the temple-area elders and others are worshipping beast-forms, +Tammuz and the sun (probably actual cults of the time); <a name="fa6m" id="fa6m" href="#ft6m"><span class="sp">6</span></a> +men approach to defile the temple and slay the inhabitants of the +city (ix.). In ch. x. the imagery of ch. i. reappears, and the Creatures +are identified with the cherubs of Solomon’s temple. This appears +to be an independent form of the vision, which has been brought +into connexion with that of i. by a harmonizing editor. There +follow a symbolic prediction of the exile (xii.) and a denunciation +of non-moral prophets and prophetesses (xiii.)—though Yahweh +deceive a prophet, yet he and those who consult him will be punished; +and so corrupt is the nation that the presence of a few eminently +good men will not save it (xiv.).<a name="fa7m" id="fa7m" href="#ft7m"><span class="sp">7</span></a> After a comparison of Israel +to a worthless wild vine (xv.) come two allegories, one portraying +idolatrous Jerusalem as the unfaithful spouse of Yahweh (xvi.), +the other describing the fate of Zedekiah (xvii.). The fine insistence +on individual moral responsibility in xviii. (cf. Deut. xxiv. 16, Jer. +xxxi. 29 f.), while it is a protest against a superficial current view, +is not to be understood as a denial of all moral relations between +successive generations. This latter question had not presented +itself to the prophet’s mind; his object was simply to correct the +opinion of the people that their present misfortunes were due not +to their own faults but to those of their predecessors. A more +sympathetic attitude appears in two elegies (xix.), one on the kings +Jehoahaz and Jehoiachin, the other on the nation. These are +followed by a scathing sketch of Israel’s religious career (xx. 1-26), +in which, contrary to the view of earlier prophets, it is declared that +the nation had always been disobedient. From this point to the +end of xxiv. there is a mingling of threat and promise.<a name="fa8m" id="fa8m" href="#ft8m"><span class="sp">8</span></a> The allegory +of xxiii. is similar to that of xvi., except that in the latter Samaria +is relatively treated with favour, while in the former it (Aholah) is +involved in the same condemnation as that of Jerusalem. At this +point is introduced (xxv.-xxxii.) the series of discourses directed +against foreign nations. The description of the king of Tyre (xxviii. +11-19) as dwelling in Eden, the garden of God, the sacred mountain, +under the protection of the cherub, bears a curious resemblance to +the narrative in Gen. ii., iii., of which, however, it seems to be independent, +using different Babylonian material; the text is corrupt. +The section dealing with Egypt is one of remarkable imaginative +power and rhetorical vigour: the king of Egypt is compared to a +magnificent cedar of Lebanon (in xxxi. 3 read: “there was a cedar +in Lebanon”) and to the dragon of the Nile, and the picture of his +descent into Sheol is intensely tragic. Whether these discourses +were all uttered between the investment of Jerusalem and its fall, +or were here inserted by Ezekiel or by a scribe, it is not possible to +say. In xxxiii. the function of the prophet as watchman is described +at length (expansion of the description in iii.) and the news of the +capture of the city is received. The following chapters (xxxiv.-xxxix.) +are devoted to reconstruction: Edom, the detested enemy +of Israel, is to be crushed; the nation, politically raised from the +dead, with North and South united (xxxvii.), is to be established +under a Davidide king; a final assault, made by Gog, is to be successfully +met,<a name="fa9m" id="fa9m" href="#ft9m"><span class="sp">9</span></a> and then the people are to dwell in their own land in +peace for ever; this Gog section is regarded by some as the beginning +of Jewish apocalyptic writing. In the last section (xl.-xlviii.), put +as a vision, the temple is to be rebuilt, in dimensions and arrangements +a reproduction of the temple of Solomon (cf. I Kings vi., vii.), +the sacrifices and festivals and the functions of priests and prince +are prescribed, a stream issuing from under the temple is to vivify +the Dead Sea and fertilize the land (this is meant literally), the land +is divided into parallel strips and assigned to the tribes. The +prophet’s thought is summed up in the name of the city: <i>Yahweh +Shammah</i>, “Yahweh is there,” God dwelling for ever in the midst +of his people.</p> + +<p><span class="sc">Literature.</span>—For the older works see the <i>Introductions</i> of J.G. +Carpzov (1757) and C.H.H. Wright (1890). For <i>legends</i>: Pseud.-Epiphan., +<i>De vit. prophet.</i>; Benjamin of Tudela, Itin.; Hamburger, +<i>Realencycl.</i>; <i>Jew. Encycl.</i> On the Hebrew text; C.H. Cornill, +<i>Ezechiel</i> (1886) (very valuable for text and ancient versions); +H. Graetz, <i>Emendationes</i> (1893).; C.H. Toy, “Text of Ezek.” +(1899) in Haupt’s <i>Sacred Books of the Old Test.</i> Commentaries: +F. Hitzig (1847); H. Ewald (1868); E. Reuss (French ed., 1876; +Germ, ed., 1892); Currey (1876) in <i>Speaker’s Comm.</i>; R. Smend +(revision of Hitzig) (1880) in <i>Kurzgefasst. exeget. Handbuch</i>; A.B. +Davidson (1882) in Cambr. <i>Bible for Schools</i>; J. Skinner (1895) in +<i>Expos. Bible</i>; A. Bertholet (1897) in Marti’s <i>Kurz. Hand-Comm.</i>; +C.H. Toy (1899) in Haupt’s <i>Sacr. Bks.</i> (Eng. ed.); R. Kraetzschmar +(1900) in W. Nowack’s <i>Handkommentar</i>. See also Duhm, <i>Theol. d. +Propheten</i> (1875); A. Kuenen, <i>Prophets and Prophecy</i> (1877); +Gautier, <i>La Mission du prophète Ezéchiel</i> (1891); Montefiore, <i>Hibbert +Lectures</i> (1892); A. Bertholet, <i>Der Verfassungsentwurf des Hesekiel</i> +(1896); articles in Herzog-Hauck, <i>Realencykl.</i>; Hastings, <i>Bibl. +Dict.</i>; Cheyne, <i>Encycl. Bibl., Jew. Encycl.</i>; F. Bleek, <i>Introd.</i> (Eng. +tr., 1875), and Bleek-Wellhausen (Germ.) (1878); Wildeboer, +<i>Letterkunde d. Oud. Verbonds</i> (1893), and Germ, transl., <i>Litt. d. Alt. +Test.</i>; Perrot and Chipiez, <i>Hist. de l’art</i>, &c. , in which, however, the +restoration of Ezekiel’s temple (by Chipiez) is probably untrustworthy.</p> +</div> +<div class="author">(C. H. T.*)</div> + +<hr class="foot" /> <div class="note"> + +<p><a name="ft1m" id="ft1m" href="#fa1m"><span class="fn">1</span></a> The Assyrian term <i>abubu</i> is used of the great primeval deluge +(in the Gilgamesh epic), and also of the local floods common in the +country.</p> + +<p><a name="ft2m" id="ft2m" href="#fa2m"><span class="fn">2</span></a> So we must read (as Robertson Smith has pointed out) in xxii. 9 +and xviii. 6, instead of “eating on the mountains.”</p> + +<p><a name="ft3m" id="ft3m" href="#fa3m"><span class="fn">3</span></a> The stricter marriage law is formulated in Lev. xviii. 8-15, +xx. 11 ff.</p> + +<p><a name="ft4m" id="ft4m" href="#fa4m"><span class="fn">4</span></a> Yahweh’s spirit, thought of as Yahweh’s vital principle, as +man’s spirit is man’s vital principle, is to be breathed into them, as, +in Gen. ii. 7, Yahweh breathes his own breath into the lifeless body. +The spirit in the Old Testament is a refined material thing that may +come or be poured out on men.</p> + +<p><a name="ft5m" id="ft5m" href="#fa5m"><span class="fn">5</span></a> The “Great Synagogue” is semi-mythical.</p> + +<p><a name="ft6m" id="ft6m" href="#fa6m"><span class="fn">6</span></a> In viii. 17 the unintelligible expression “they put the branch +to their nose” is the rendering of a corrupt Hebrew text; a probable +emendation is: “they are sending a stench to my nostrils.”</p> + +<p><a name="ft7m" id="ft7m" href="#fa7m"><span class="fn">7</span></a> The legendary figure of Daniel (xiv. 14) is later taken by the +author of the book of Daniel as his hero.</p> + +<p><a name="ft8m" id="ft8m" href="#fa8m"><span class="fn">8</span></a> For a reconstruction of the poem in xxi. 10, 11, see the English +Ezekiel in Haupt’s <i>Sacred Books</i>.</p> + +<p><a name="ft9m" id="ft9m" href="#fa9m"><span class="fn">9</span></a> Gog probably represents a Scythian horde (though such an +invasion never took place)—certainly not Alexander the Great, who +would have been called “king of Greece,” and would have been +regarded not as an enemy but as a friend.</p> +</div> + + +<hr class="art" /> +<p><span class="bold">EZRA<a name="ar100" id="ar100"></a></span> (from a Hebrew word meaning “help”), in the Bible, +the famous scribe and priest at the time of the return of the +Jews in the reign of the Persian king Artaxerxes I. (458 <span class="scs">B.C.</span>). +His book and that of Nehemiah form one work (see <span class="sc"><a href="#artlinks">Ezra and +Nehemiah, Books of</a></span>), apart from which we have little trustworthy +evidence as to his life. Even in the beginning of the +2nd century <span class="scs">B.C.</span>, when Ben Sira praises notable figures of the +exilic and post-exilic age (Zerubbabel, Jeshua and Nehemiah), +Ezra is passed over (Ecclesiasticus xlix. 11-13), and he is not +mentioned in a still later and somewhat fanciful description of +Nehemiah’s work (2 Macc. i. 18-36). Already well known as a +scribe, Ezra’s labours were magnified by subsequent tradition. +He was regarded as the father of the scribes and the founder of +the Great Synagogue. According to the apocryphal fourth +book of Ezra (or 2 Esdras xiv.) he restored the law which had +been lost, and rewrote all the sacred records (which had been +destroyed) in addition to no fewer than seventy apocryphal +works. The former theory recurs elsewhere in Jewish tradition, +and may be associated with the representation in Ezra-Nehemiah +which connects him with the law. But the story of his many +literary efforts, like the more modern conjecture that he closed +the canon of the Old Testament, rests upon no ancient basis.</p> + +<div class="condensed"> +<p>See <span class="sc"><a href="#artlinks">Bible</a></span>, sect. Old Testament (Canon and Criticism); <span class="sc"><a href="#artlinks">Jews</a></span> +(history, §21 seq.). The apocryphal books, called 1 and 2 Esdras +(the Greek form of the name) in the English Bible, are dealt with +below as <span class="sc"><a href="#artlinks">Ezra, Third Book of</a></span>, and <span class="sc"><a href="#artlinks">Ezra, Fourth Book of</a></span>, +while the canonical book of Ezra is dealt with under <span class="sc"><a href="#artlinks">Ezra and +Nehemiah</a></span>.</p> +</div> + + +<hr class="art" /> +<p><span class="bold">EZRA, THIRD BOOK OF<a name="ar101" id="ar101"></a></span> [1 <i>Esdras</i>]. The titles of the various +books of the Ezra literature are very confusing. The Greek, +the Old Latin, the Syriac, and the English Bible from 1560 +<span class="pagenum"><a name="page105" id="page105"></a>105</span> +onwards designate this book as 1 Esdras, the canonical books +Ezra and Nehemiah being 2 Esdras in the Greek. In the Vulgate, +however, our author was, through the action of Jerome, degraded +into the third place and called 3 Esdras, whereas the canonical +books <i>Ezra</i> and <i>Nehemiah</i> (see <span class="sc"><a href="#artlinks">Ezra and Nehemiah, Books of</a></span>, +below) were called 1 and 2 Esdras, and the Apocalypse of Ezra +4 Esdras. Thus the nomenclature of our book follows, and +possibly wrongly, the usage of the Vulgate.<a name="fa1n" id="fa1n" href="#ft1n"><span class="sp">1</span></a> In the Ethiopic +version a different usage prevails. The <span class="correction" title="amended from Apocalyspe">Apocalypse</span> is called +1 Esdras, our author 2 Esdras, and Ezra and Nehemiah 3 Esdras, +or 3 and 4 Esdras. Throughout this article we shall use the best +attested designation of this book, <i>i.e.</i> 1 Esdras.</p> + +<p><i>Contents</i>.—With the exception of one original section, namely, +that of Darius and the three young men, our author contains +essentially the same materials as the canonical Ezra and some +sections of 2 Chronicles and Nehemiah. To the various explanations +of this phenomenon we shall recur later. The book may +be divided as follows (the verse division is that of the Cambridge +LXX):—</p> + +<div class="condensed"> +<p>Chap. i. = 2 Chron. xxxv. 1-xxxvi. 21.—Great passover of Josiah; +his death at Megiddo. His successors down to the destruction of +Jerusalem and the Captivity. (Verses i. 21-22 are not found elsewhere, +though the LXX of 2 Chron. xxxv. 20 exhibits a very +distant parallel.)</p> + +<p>Chap. ii. 1-14 = Ezra i.—The edict of Cyrus. Restoration of the +sacred vessels through Sanabassar to Jerusalem.</p> + +<p>Chap. ii. 15-25 = Ezra iv. 6-24.—First attempt to rebuild the +Temple: opposition of the Samaritans. Decree of Artaxerxes: +work abandoned till the second year of Darius.</p> + +<p>Chap. iii. 1-v. 6.—This section is peculiar to our author. The +contest between the three pages waiting at the court of Darius and +the victory of the Jewish youth “Zerubbabel,” to whom as a reward +Darius decrees the return of the Jews and the restoration of the +Temple and worship. Partial list of those who returned with +“Joachim, son of Zerubbabel.”</p> + +<p>Chap. v. 7-70 = Ezra ii.-iv. 5.—List of exiles who returned with +Zerubbabel. Work on the Temple begun. Offer of the Samaritans’ +co-operation rejected. Suspension of the work through their +intervention till the reign of Darius.</p> + +<p>Chap. vi. 1-vii. 9 = Ezra v. 1-vi. 18.—Work resumed in the second +year of Darius. Correspondence between Sisinnes and Darius with +reference to the building of the Temple. Darius’ favourable decree. +Completion of the work by Zerubbabel.</p> + +<p>Chap. vii. 10-15 =Ezra vi. 19-22.—Celebration of the completion +of the Temple.</p> + +<p>Chap. viii. 1-ix. 36 = Ezra vii.-x.—Return of the exiles under +Ezra. Mixed marriages forbidden.</p> + +<p>Chap. ix. 37-55 = Nehemiah vii. 73-viii. 12.—The reading of the +Law.</p> +</div> + +<p>Thus, apart from iii. 1-v. 3, which gives an account of the +pages’ contest, the contents of the book are doublets of the +canonical Ezra and portions of 2 Chronicles and Nehemiah. +The beginning of the book seems imperfect, with its abrupt +opening “And Josiah held the passover”: its conclusion is +mutilated, as it breaks off in the middle of a sentence. As +Thackeray suggests, it probably continued the history of the +feast of Tabernacles described in Neh. viii.—a view that is +supported by Joseph. <i>Ant</i>. xi. 5. 5, “who describes that feast +using an Esdras word <span class="grk" title="epanorthôsis">ἐπανόρθωσις</span> and ... having hitherto +followed Esdras as his authority passes on to the Book of +Nehemiah.”</p> + +<p><i>Claims to Canonicity</i>.—It would seem that even greater value +was attached to 1 Esdras than to the Hebrew Ezra. (1) For +in the best MSS. (BA) it stands before 2 Esdras—the verbal +translation of the Hebrew Ezra and Nehemiah. (2) It is used by +Josephus, who in fact does not seem aware of the existence +of 2 Esdras. (3) 1 Esdras is frequently quoted by the Greek +fathers—Clem. Alex., Origen, Eusebius, and by the Latin—Tertullian, +Cyprian, Augustine. The adverse judgment of the +church is due to Jerome, who, from his firm attachment to the +Hebrew Old Testament, declined to translate the “dreams” +of 3 and 4 Esdras. This judgment influenced alike the Council +of Trent and the Lutheran church in Germany; for Luther +also refused to translate Esdras and the Apocalypse of Ezra.</p> + +<p><i>Origin and Relation to the Canonical Ezra.</i>—Various theories +have been given as to the relation of the book and the canonical +Ezra.</p> + +<p>1. Some scholars, as Keil, Bissell and formerly Schürer, regarded +1 Esdras as a free compilation from the Greek of 2 Esdras (2 Chron. +and Ezra-Nehemiah). This theory has now given place to others +more accordant with the facts of the case.</p> + +<p>2. Others, as Ewald, <i>Hist. of Isr.</i> v. 126-128, and Thackeray +in Hastings’ <i>Bible Dictionary</i>, assume a lost Greek version of +Chronicles, Ezra and Nehemiah, from which were derived +1 Esdras—a free redaction of the former and 2 Esdras. +Thackeray claims that we have “a satisfactory explanation +of the coincidences in translation and deviation from the Hebrew +in 1 Esdras and 2 Esdras, if we suppose both are to some extent +dependent on a lost Greek original.” But later in the same +article Thackeray is compelled to modify this view and admit +that 1 Esdras is not a mere redaction of a no longer extant +version of the canonical books, but shows not only an independent +knowledge of the Hebrew text but also of a Hebrew text superior +in not a few passages to the Massoretic text, where 2 Esdras +gives either an inaccurate version or a version reproducing the +secondary Massoretic text.</p> + +<p>3. Others like Michaelis, Trendelenburg, Pohlmann, Herzfeld, +Fritzsche hold it to be a direct and independent translation of +the Hebrew. There is much to be said in favour of this view. +It presupposes in reality two independent recensions of the +Hebrew text, such as we cannot reasonably doubt existed at +one time of the Book of Daniel. Against this it has been urged +that the story of the three pages was written originally in Greek +(Ewald, Schürer, Thackeray). The only grounds for this theory +are the easiness of the Greek style and the paronomasia in +iv. 62 <span class="grk" title="hanesin kai haphesin">ἄνεσιν καὶ ἄφεσιν</span>. But the former is no real objection, +and the latter may be purely accidental. On the other hand +there are several undoubted Semiticisms. Thus we have two +instances Of the split relative <span class="grk" title="ou">οὗ</span> ... <span class="grk" title="autou">αὐτοῦ</span> iii. 5; <span class="grk" title="ou">οὗ</span> ... <span class="grk" title="ep’ autô">ἐπ᾽ αὐτῷ</span> +iv. 63 and the phrase pointed out by Fritzsche <span class="grk" title="ta dikaia poiei +apo pantôn">τὰ δίκαια ποιεῖ ἀπὸ πάντων</span> = <span title="asa mishpat min">עשה משפט מן</span>. It must, however, be admitted that +there are fewer Hebraisms in this section of the book than in the +rest.</p> + +<p>4. Sir H.H. Howorth in the treatises referred to at the close +of this article has shown cogent grounds for regarding 1 Esdras +as the original and genuine Septuagint translation, and 2 Esdras +as probably that of Theodotion. For this view he adduces +among others the following grounds: (i.) Its use by Josephus, +who apparently was not acquainted with 2 Esdras. (ii.) Its +precedence of 2 Esdras in the great uncials. (iii.) Its origin at a +time when Chronicles, Ezra and Nehemiah formed a single work. +(iv.) Its preservation of a better Hebrew text in many instances +than 2 Esdras. (v.) The fact that 1 Esdras and the Septuagint +of Daniel go back to one and the same translator, as Dr Gwynn +(<i>Dict. Christ. Biog.</i> iv. 977) has pointed out (cf. 1 Esdr. vi. 31, +and Dan. ii. 5).</p> + +<p>This contention of Howorth has been accepted by Nestle, +Cheyne, Bertholet, Ginsburg and other scholars, though they +regard the question of an Aramaic original of chapters iii. 1-v. 6 +as doubtful. Howorth’s further claim that he has established +the historical credibility of the book as a whole and its chronological +accuracy as against the canonical Ezra has not as yet +met with acceptance; but his arguments have not been fairly +met and answered.</p> + +<p>5. Volz (<i>Encyc. Bibl.</i> ii. 1490) thinks that the solution of the +problem is to be found in a different direction. The text is of +unequal value, and the inequalities are so great as to exclude +the supposition that the Greek version was produced <i>aus einem +Guss.</i> iii. 1-v. 3 is an independent narrative written originally in +Greek and itself a composite production, the praise of truth +being an addition, vi. 1-vii. 15, ii. 15-25<i>a</i> is a fragment of an +Aramaic narrative. Some in Josephus (<i>Ant.</i> xi. 4. 9) an account +of Samaritan intrigues is introduced immediately after 1 Esdras +vii. 15, it is natural to infer that something of the same kind +<span class="pagenum"><a name="page106" id="page106"></a>106</span> +has fallen out between vi. and ii. 15-25. The Aramaic text +behind 1 Esdras here is better than that behind the canonical +Ezra. Next, viii.-ix. is from the Ezra document (= Ezra vii.-x.; +Neh. vii. 73, viii. 1 sqq.), though implying a different Hebrew text. +ii. 1-15; v. 7-73; vii. 2-4, 6-15 are from the Chronicles: likewise +i. is from 2 Chron. xxxv.-vi., 2 Esdras being at the same time +before the translator.</p> + +<p><i>Date</i>.—The book must be placed between 300 <span class="scs">B.C.</span> and <span class="scs">A.D.</span> 100, +when it was used by Josephus. It is idle to attempt any nearer +limits until definite conclusions have been reached on the chief +problems of the book.</p> + +<p><i>MSS. and Versions</i>.—The book is found in B and A. The +latter seems to have preserved the more ancient form of the +text, as it is generally that followed by Josephus. The Old +Latin in two recensions is published by Sabatier, <i>Bibliorum +sacrorum Latinae versiones antiquae</i>, iii. Another Latin translation +is given in Lagarde (<i>Septuag. Studien</i>, ii., 1892). In Syriac +the text is found only in the Syro-Hexaplar of Paul of Tella +(<span class="scs">A.D.</span> 616). See Walton’s Polyglott. There is also an Ethiopic +version edited by Dillmann (<i>Bibl. Vet. Test. Aeth</i>. v., 1894) +and an Armenian.</p> + +<div class="condensed"> +<p><span class="sc">Literature</span>.—Exegesis: Fritzsche, <i>Exeget. Handb. zu den Apokr.</i> +(1851); Zöckler, <i>Die Apokryphen</i>, 155-161 (1891); Bissell in Lange-Schaff’s +<i>Comm</i>. (1880); Lupton in <i>Speaker’s Comm</i>. (1888); Ball, +notes to 1 Esdr. in the <i>Variorum Apocrypha</i>. Introduction and +critical Inquiries: Trendelenburg, “Apocr. Esra,” in Eichhorn’s +<i>Allgem. Bibl. der bibl. Litt.</i> i. 178-232 (1787); Pohlmann, “Über +das Ansehen der apokr. dritten Buchs Esras,” in <i>Tübingen Theol. +Quartalschrift</i>, 257-275 (1859); Sir H. Howorth, “Character and +Importance of 1 Esdras,” in the <i>Academy</i> (1893), pp. 13, 60, 106, +174, 326, 524; and further studies entitled “Some Unconventional +Views on the Text of the Bible,” in the <i>Proceedings of the Society of +Biblical Archaeology</i>, 1901, pp. 147-159; 306-330, 1902, June and +November.</p> +</div> +<div class="author">(R. H. C.)</div> + +<hr class="foot" /> <div class="note"> + +<p><a name="ft1n" id="ft1n" href="#fa1n"><span class="fn">1</span></a> “At the Council of Trent (when the Septuagint Canon was +virtually accepted as authoritative), by a most curious aberration, +Esdras iii. and iv. and the Epistle of Manasseh were alone excluded +from the canon and remitted to our appendix.”—Howorth, “Unconventional +Views on the Text of the Bible,” in the <i>P.S.B.A.</i>, +1901, p. 149.</p> +</div> + + +<hr class="art" /> +<p><span class="bold">EZRA, FOURTH BOOK<a name="ar102" id="ar102"></a></span> (or <span class="sc">Apocalypse</span>) <b>OF</b>. This is the +most profound and touching of the Jewish Apocalypses. It +stands in the relation of a sister work to the Apocalypse of +Baruch, but though the relation is so close, they have many +points of divergence. Thus, whereas the former represents the +ordinary Judaism of the 1st century of the Christian era, the +teaching of 4 Ezra on the Law, Works, Justification, Original +Sin and Free Will approximates to the school of Shammai and +serves to explain the Pauline doctrines on those subjects; but +to this subject we shall return.</p> + +<p><i>Original Language and Versions</i>.—In the Latin version our +book consists of sixteen chapters, of which, however, only +iii.-xiv. are found in the other versions. To iii.-xiv., accordingly, +the present notice is confined. After the example of most of the +Latin MSS. we designate the book 4 Ezra (see Bensly-James, +<i>Fourth Book of Ezra</i>, pp. xxiv-xxvii). In the First Arabic and +Ethiopic versions it is called 1 Ezra; in some Latin MSS. and in +the English Authorized Version it is 2 Ezra, and in the Armenian +3 Ezra. Chapters i.-ii. are sometimes called 3 Ezra, and xv.-xvi. +5 Ezra. All the versions go back to a Greek text. This is shown +by the late Greek apocalypse of Ezra (Tischendorf, <i>Apocalypses +Apocryphae</i>, 1866, pp. 24-33), the author of which was acquainted +with the Greek of 4 Ezra; also by quotations from it in Barn, +iv. 4; xii. 1 = 4 Ezra xii. 10 sqq., v. 5; Clem. Alex. <i>Strom</i>. iii. 16 +(here first expressly cited) = 4 Ezra v. 35, &c. (see Bensly-James, +<i>op. cit.</i> pp. xxvii-xxxviii). The derivation of the Latin version +from the Greek is obvious when we consider its very numerous +Graecisms. Thus the genitive is found after the comparative +(v. 13) <i>horum majora</i>; xi. 29 <i>duorum capitum majus</i>, even the +genitive absolute as in x. 9, the double negative, <i>de</i> and <i>ex</i> with +the genitive. Peculiar genders can only be accounted for by the +influence of the original forms in Greek, as x. 23 <i>signaculum</i> +(<span class="grk" title="sphragis">σφραγίς</span>) . . . <i>tradita est</i>; xi. 4 <i>caput</i> (<span class="grk" title="kephalê">κεφαλή</span>) ... <i>sed et ipsa</i>. +In vi. 25 we have the Greek attraction of the relative—<i>omnibus</i> +<i>istis quibus praedixi tibi</i>. In his <i>Messias Judaeorum</i> (1869), +pp. 36-110, Hilgenfeld has given a reconstruction of the Greek +text. Till 1896 only Ewald believed that 4 Ezra was written +originally in Hebrew. In that year Wellhausen (<i>Gött. Gel. Anz.</i> +pp. 12-13) and Charles (<i>Apoc. Bar.</i> p. lxxii) pointed out that +a Hebrew original must be assumed on various grounds; and +this view the former established in his <i>Skizzen u. Vorarbeiten</i>, +vi. 234-240 (1899). Of the numerous grounds for this assumption +it will be necessary only to adduce such constructions as “de quo +me interrogas de eo,” iv. 28, and xiii. 26, “qui per semet ipsum +liberabit” (= <span title="asher-bo">אשר-בו</span>) = “through whom he will deliver,” or to +point to such a mistranslation as vii. 33, “longanimitas congregabitur,” +where for “congregabitur” (= <span title="yeasef">יאסף</span>) we require +“evanescet,” which is another and the actual meaning of the +Hebrew verb in this passage. The same mistranslation is found +in the Vulgate in Hosea iv. 3. Gunkel has adopted this view +in his German translation of the book in Kautzsch’s <i>Apok. und +Pseud, des A. Testaments</i>, ii. 332-333, and brought forward in +confirmation the following remarkable instance in viii. 23, +where though the Latin, Syriac, Ethiopic, Arabic and Armenian +Versions read <i>testificatur</i>, the Second Arabic version and the +Apostolic Constitutions have <span class="grk" title="menei eis ton aiôna">μένει εἰς τὸν αἰῶνα</span>, which are to be +explained as translations of <span title="(lieh) emdat la’ad">עמדת לעד (לע</span>. Another interesting +case is found in xiv. 3, where the Latin and all other versions +but Arabic[2] read <i>super rubum</i> and the Arabic[2] <i>in monte Sinai</i>. +Here there is a corruption of <span title="sneh">סנה</span> “bush” into <span title="sinai">סיני</span> “Sinai.”</p> + +<div class="condensed"> +<p><i>Latin Version.</i>—All the older editions of this version, as those +of Fabricius, Sabatier, Volkmar, Hilgenfeld, Fritzsche, as well as +in the older editions of the Bible, are based ultimately on only +one MS., the Codex Sangermanensis (written <span class="scs">A.D.</span> 822), as Gildemeister +proved in 1865 from the fact that the large fragment between +verses 36 and 37 in chapter vii., which is omitted in all the above +editions, originated through the excision of a leaf in this MS. A +splendid edition of this version based on MSS. containing the missing +fragment, which have been subsequently discovered, has been published +by Bensly-James, <i>op. cit.</i> This edition has taken account +of all the important MSS. known, save one at Leon in Spain.</p> + +<p><i>Syriac Version.</i>—This version, found in the Ambrosian Library +in Milan, was translated into Latin by Ceriani, <i>Monumenta sacra +et profana</i>, II. ii. pp. 99-124 (1866). Two years later this scholar +edited the Syriac text, <i>op. cit.</i> V. i. pp. 4-111, and in 1883 reproduced +the MS. by photo-lithography (<i>Translatio Syra Peshitto V.T.</i> +II. iv. pp. 553-572). Hilgenfeld incorporated Ceriani’s Latin translation +in his <i>Messias Judaeorum</i>. This translation needs revision +and correction.</p> + +<p><i>Ethiopic Version.</i>—First edited and translated by Laurence, +<i>Primi Ezrae libri versio Aethiopica</i> (1820). Laurence’s Latin +translation was corrected by Praetorius and reprinted in Hilgenfeld’s +<i>Messias Judaeorum</i>. In 1894 Dillmann’s text based on ten +MSS. was published—<i>V.T. Aeth. libri apocryphi</i>, v. 153-193.</p> + +<p><i>Arabic Versions.</i>—The First Arabic version was translated from a +MS. in the Bodleian Library into English by Ockley (in Whiston’s +Primitive Christianity, vol. iv. 1711). This was done into Latin +and corrected by Steiner for Hilgenfeld’s <i>Mess. Jud.</i> The Second +Arabic version, which is independent of the first, has been edited +from a Vatican MS. and translated into Latin by Gildemeister, 1877.</p> + +<p><i>Armenian Version.</i>—First printed in the Armenian Bible (1805). +Translated into Latin by Petermann for Hilgenfeld’s Mess. Jud.; +next with Armenian text and English translation by Issaverdens in +the <i>Uncanonical Writings of the Old Testament</i>, pp. 488 sqq. (Venice, +1901).</p> + +<p><i>Georgian Version.</i>—According to F.C. Conybeare an accurate +Georgian version made from the Greek exists in an 11th-century MS. +at Jerusalem.</p> + +<p><i>Relation of the above Versions.</i>—These versions stand in the order +of worth as follows: Latin, Syriac, Ethiopic. The remaining +versions are paraphrastic and less accurate, and are guilty of additions +and omissions. All the versions, save the Second Arabic one, +go back to the same Greek version. The Second Arabic version +presupposes a second Greek version.</p> + +<p><i>Modern Versions.</i>—All the English versions are now antiquated, +except those in the Variorum Apocrypha and the Revised Version +of the Apocrypha, and even these are far from satisfactory. Similarly, +all the German versions are behindhand, except the excellent +version of Gunkel in <i>Apok. u. Pseud.</i> ii. 252-401, which, however, +needs occasional correction.</p> +</div> + +<p><i>Contents.</i>—The book (iii.-xiv.) consists of seven visions or +parts, like the apocalypse of Baruch. They are: (1) iii. 1-v. 19; +(2) v. 20-vi. 34; (3) vi. 35-ix. 25; (4) ix. 26-x. 60; (5) xi. 1-xii. +51; (6) xiii.; (7) xiv. These deal with (1) religious problems +and speculations and (2) eschatological questions. The first +three are devoted to the discussion of religious problems affecting +in the main the individual. The presuppositions underlying +these are in many cases the same as those in the Pauline Epistles. +The next three visions are principally concerned with eschatological +problems which relate to the nation. The seventh vision +<span class="pagenum"><a name="page107" id="page107"></a>107</span> +is a fragment of the Ezra Saga recounting the rewriting of the +Scriptures, which had been destroyed. This has no organic +connexion with what precedes.</p> + +<div class="condensed"> +<p><i>First Vision.</i> iii.-v. 19.—“In the thirtieth year after the ruin +of the city I Salathiel (the same is Ezra) was in Babylon and lay +troubled upon my bed.” In a long prayer Ezra asks how the desolation +of Sion and the prosperity of Babylon can be in keeping with +the justice of God. The angel Uriel answers that God’s ways are +unsearchable and past man’s understanding. When Ezra asks +when the end will be and what are the signs of it, the angel answers +that the end is at hand and enumerates the signs of it.</p> + +<p><i>Second Vision.</i> v. 14-vi. 34.—Phaltiel, chief of the people, +reproaches Ezra for forsaking his flock. Ezra fasts, and in his +prayer asks why God had given up his people into the hands of the +heathen. Uriel replies: “Lovest thou that people better than +He that made them?” Man cannot find out God’s judgment. +The end is at hand; its signs are recounted.</p> + +<p><i>Third Vision.</i> vi. 35-ix. 25.—Ezra recounts the works of creation, +and asks why Israel does not possess the world since the world +was made for Israel. The answer is that the present state is a +necessary stage to the coming one. Then follows an account of +the Messianic age and the resurrection: the punishment of the +wicked and the blessings of the righteous. There can be no intercession +for the departed. Few will be saved—only as it were a +grape out of a cluster or a plant out of a forest.</p> + +<p><i>Fourth Vision.</i> ix. 26-x. 60.—Ezra eats of herbs in the field of +Ardat, and sees in a vision a woman mourning for her only son. +Ezra reminds her of the greater desolation of Sion. Suddenly she +is transfigured and vanishes, and in her place appears a city. The +woman, Uriel explains, represents Sion.</p> + +<p><i>Fifth Vision.</i> xi. i-xii. 39.—Vision of an eagle with three heads, +twelve wings and eight winglets, which is rebuked by a lion and +destroyed. The eagle is the fourth kingdom seen by Daniel, and +the lion is the Messiah.</p> + +<p><i>Sixth Vision.</i> xiii.—Vision of a man (<i>i.e.</i> the Messiah) arising +from the sea, who destroys his enemies who assemble against him, +and gathers to him another multitude, <i>i.e.</i> the lost Ten Tribes.</p> + +<p><i>Seventh Vision.</i> xiv.—Ezra is told of his approaching translation. +He asks for the restoration of the Law, and is enabled by God to +dictate in forty days ninety-four books (the twenty-four canonical +books of the Old Testament that were lost, and seventy secret books +for the wise among the people).</p> + +<p>Ezra’s translation is found in the Canon only in the Oriental +Versions. In the Latin it was omitted when xv.-xvi. were added.</p> +</div> + +<p><i>Integrity.</i>—According to Gunkel (<i>Apok. u. Pseud.</i> ii. 335-352) +the whole book is the work of one writer. Thus down to vii. +16 he deals with the problem of the origin of suffering in the +world, and from vii. 17 to ix. 25 with the question who is worthy +to share in the blessedness of the next world. As regards the +first problem the writer shows, in the first vision, that suffering +and death come from sin—no less truly on the part of Israel +than of all men, for God created man to be immortal; that the +end is nigh, when wrongs will be righted; God’s rule will then +be recognized. In the second he emphasizes the consolation to +be found in the coming time, and in the third he speaks solely of +the next world, and then addresses himself to the second problem. +The fourth, fifth and sixth visions are eschatological. In these +the writer turns aside from the religious problems of the first +three visions and concerns himself only with the future national +supremacy of Israel. Zion’s glory will certainly be revealed +(vision four), Israel will destroy Rome (five) and the hostile +Gentiles (six). Then the book is brought to a close with the +legend of Ezra’s restoration of the lost Old Testament Scriptures.</p> + +<p>In the course of the above work there are many inconsistencies +and contradictions. These Gunkel explains by admitting that +the writer has drawn largely on tradition, both oral and written, +for his materials. Thus he concedes that eschatological materials +in v. 1-13, vi; 18-28, vii. 26 sqq., also ix. 1 sqq., are from this +source, and apparently from an originally independent work, as +Kabisch urges, but that it is no longer possible to separate the +borrowed elements from the text. Again, in the four last visions +he is obliged to make the same concession on a very large scale. +Vision four is based on a current novel, which the author has +taken up and put into an allegorical form. Visions five and six +are drawn from oral or written tradition, and relate only to the +political expectations of Israel, and seven is a reproduction of a +legend, for the independent existence of which evidence is +furnished by the quotations in Bensly-James pp. xxxvii-xxxviii. +Thus the chief champion of the unity of the book makes so +many concessions as to its dependence on previously existing +sources that, to the student of eschatology, there is little to +choose between his view and that of Kabisch. In fact, if the +true meaning of the borrowed materials is to be discovered, the +sources must be disentangled. Hence the need of some such +analysis as that of Kabisch (<i>Das vierte Buck Ezra</i>, 1889): S = an +Apocalypse of Salathiel, <i>c.</i> <span class="scs">A.D.</span> 100, preserved in a fragmentary +condition, iii. 1-31, iv. 1-51, v. 13<i>b</i>-vi. 10, 30-vii. 25, vii. 45-viii. +62, ix. 13-x. 57, xii. 40-48, xiv. 28-35. E = an Ezra Apocalypse, +<i>c.</i> 31 <span class="scs">B.C.</span>, iv. 52-v. 13a, vi. 13-28, vii. 26-44, viii. 63-ix. 12. +A = an Eagle Vision, <i>c.</i> <span class="scs">A.D.</span> 90, x. 60-xii. 35. M = a Son-of-Man +Vision, xiii. E<span class="sp">2</span> = an Ezra fragment, <i>c.</i> <span class="scs">A.D.</span> 100, xiv. 1-17<i>a</i>, +18-27, 36-47. All these, according to Kabisch, were edited by a +Zealot, <i>c.</i> 120, who supplied the connecting links and made +many small additions. In the main this analysis is excellent. +If we assume that the editor was also the author of S, and that +such a vigorous stylist, as he shows himself to be, recast to some +extent the materials he borrowed, there remains but slight +difference between the views of Kabisch and Gunkel. Neither +view, however, is quite satisfactory, and the problem still awaits +solution. Other attempts, such as Ewald’s (<i>Gesch. d. Volkes +Israel</i>[3], vii. 69-83) and De Faye’s (<i>Apocalypses juives</i>, 155-165), +make no contribution.</p> + +<p><i>School of the Author.</i>—The author or final redactor of the book +was a pessimist, and herein his book stands in strong contrast +with the Apocalypse of Baruch. Thus to the question propounded +in the New Testament—“Are there few that be saved?” +he has no hesitation in answering, “There be many created, but +few that be saved” (viii. 3): “An evil heart hath grown up in +us which hath led us astray ... and that not a few only but +wellnigh all that have been created” (vii. 48). In the Apocalypse +of Baruch on the other hand it is definitely maintained that not +a few shall be saved (xxi. 11). Moreover, the sufferings of the +wicked are so great in the next world it were better, according +to 4 Ezra (as also to the school of Shammai), that man had not +been born. “It is much better (for the beasts of the field) than +for us; for they expect not a judgment and know not of +torments” (vii. 66): yet “it would have been best not to have +given a body to Adam, or that being done, to have restrained +him from sin; for what profit is there that man should in the +present life live in heaviness and after death look for punishment” +(vii. 116, 117). In iv. 12 the nexus of life, sin and suffering just +referred to, is put still more strongly: “It were better we had +not been at all than that we should be born and sin and suffer.”<a name="fa1o" id="fa1o" href="#ft1o"><span class="sp">1</span></a> +The different attitude of these two writers towards this question +springs from their respective views on the question of free will. +The author of Baruch declares (iv. 15, 19): “For though Adam +sinned and brought untimely death upon all, yet of those who +were born from him each one of them prepared for his own soul +torment to come, and again each one of them has chosen for +himself glories to come ... each one of us has been the Adam +of his own soul,” Though the writer of Ezra would admit the +possibility of a few Israelites attaining to salvation through the +most strenuous endeavour, yet he holds that man is all but +predoomed through his original evil disposition or through the +fall of Adam (vii. 118). “O Adam, what hast thou done: for +though it was thou that sinned, the evil is not fallen on thee +alone, but upon all of us that come of thee.”</p> + +<p>Another contrast between the two books is that while Baruch +shows some mercy to the Gentiles (lxxii. 4-6) in the Messianic +period, none according to 4 Ezra and the Shammaites (Toseph. +<i>Sanh.</i> xiii. 2) will be extended to them, (iii. 30, ix. 22 sq., xii. 34, +xiii. 37 sq.).</p> + +<p>On the above grounds it is not unreasonable to conclude that +whereas the Apocalypse of Baruch owes its leading characteristics +to a pupil of Hillel’s school, 4 Ezra shows just as clearly +its derivation from that of Shammai. Kohler (<i>Jewish Encyc.</i> +<span class="pagenum"><a name="page108" id="page108"></a>108</span> +v. 221) points out that the view of 4 Ezra that the Ten +Tribes will return was held by the Shammaites, whereas it was +denied by Aqiba. The Apocalypse of Baruch is silent on this +point.</p> + +<p><i>Time and Place.</i>—The work was written towards the close of +the 1st century (iii. 1, 29), and somewhere in the east.</p> + +<div class="condensed"> +<p><span class="sc">Literature.</span>—In addition to the authorities mentioned above, +see Dillmann, Herzog’s <i>Real-Encyk.</i>[2] xii. 353 sqq.; Schürer, <i>Gesch. +des jüd. Volkes</i>[3], iii. 246 sqq.; and the articles on 4 Esdras in +Hastings’ <i>Bible Dictionary</i> and the <i>Encyclopaedia Biblica</i> by Thackeray +and James respectively.</p> +</div> +<div class="author">(R. H. C.)</div> + +<hr class="foot" /> <div class="note"> + +<p><a name="ft1o" id="ft1o" href="#fa1o"><span class="fn">1</span></a> In the Apocalypse of Baruch, x. 6, we find a similar expression: +“Blessed is he who was not born, or being born has died.” But +here death is said to be preferable to witnessing the present woes of +Jerusalem.</p> +</div> + + +<hr class="art" /> +<p><span class="bold">EZRA AND NEHEMIAH, BOOKS OF,<a name="ar103" id="ar103"></a></span> in the Old Testament. +The two canonical books entitled Ezra and Nehemiah in the +English Bibie<a name="fa1p" id="fa1p" href="#ft1p"><span class="sp">1</span></a> correspond to the 1 and 2 Esdras of the Vulgate, +to the 2 Esdras of the Septuagint, and to the Ezra and +Nehemiah of the Massoretic (Hebrew) text. Though for many +centuries they have thus been treated as separate compositions, +we have abundant evidence that they were anciently regarded as +forming but one book, and a careful examination proves that +together with the book of Chronicles they constitute one single +work. The two books may therefore be conveniently treated +together.</p> + +<p>1. <i>Position and Date.</i>—Origen (Euseb, <i>H.E.</i> vi. 25), expressly +enumerating the twenty-two books of the old covenant as +acknowledged by the Jews and accepted by the Christian church, +names “the First and Second Ezra in one book”; Melito of +Sardis (Euseb. <i>H.E.</i> iv. 26) in like manner mentions the book +of Ezra only. So also the Talmud (in <i>Bābā bathrā</i>, 14. 2), nor +can it be supposed that Josephus in his enumeration (<i>c.</i> <i>Ap.</i> +i. 8) reckoned Nehemiah as apart from Ezra. That the Jews +themselves recognized no real separation is shown by the fact +that no Massoretic notes are found after Ezra x., but at the end +of Nehemiah the contents of both are reckoned together, and it +is stated that Neh. iii. 22 is the middle verse of the book. Their +position in the Hebrew Bible <i>before</i> the book of Chronicles +is, however, illogical. The introductory verses of Ezra i. are +identical with the conclusion of 2 Chron. xxxvi., whilst in the +version of 1 Esdras no less than two chapters (2 Chron. xxxv. sq.) +overlap. The cause of the separation is probably to be found +in the late reception of Chronicles into the Jewish canon. Further +proof of the unity of the three is to be found in the general similarity +of style and treatment. The same linguistic criteria recur, +and the interest in lists and genealogies, in priests and Levites, +and in the temple service point unmistakably to the presence +of the same hand (the so-called “chronicler”) in Chronicles-Ezra-Nehemiah. +See <span class="sc"><a href="#artlinks">Bible</a></span> (sect. <i>Canon</i>); <span class="sc"><a href="#artlinks">Chronicles</a></span>.</p> + +<p>The period of history covered by the books of Ezra and +Nehemiah extends from the return of the exiles under Zerubbabel +in 537-536 <span class="scs">B.C.</span> to Nehemiah’s second visit to Jerusalem in 432 +<span class="scs">B.C.</span> In their present form, however, the books are considerably +later, and allusions to Nehemiah in the past (Neh. xii. 26, 47), +to the days of Jaddua (the grandson of Nehemiah’s contemporary +Joiada; <i>ib.</i> xii. 11), to Darius (Nothus 423 <span class="scs">B.C.</span> or rather +Codomannus 336 <span class="scs">B.C.</span>, <i>ib. v.</i> 22), and the use of the term “king +of Persia,” as a distinctive title after the fall of that empire +(332 <span class="scs">B.C.</span>), are enough to show that, as a whole, they belong to +the same age as the book of Chronicles.</p> + +<p>2. <i>Contents.</i>—Their contents may be divided into four parts:—</p> + +<p>(<i>a</i>) The events preceding the mission of Ezra (i.-vi.).—In the +first year of his reign Cyrus was inspired to grant a decree permitting +the Jews to return to build the temple in Jerusalem +(i.); a list of families is given (ii.). The altar of burnt-offering +was set up, and in the second year of the return the foundations +of the new temple were laid with great solemnity (iii.). The +“adversaries of Judah and Benjamin” offered to assist but +were repulsed, and they raised such opposition to the progress +of the work that it ceased until the second year of Darius (521-520 +<span class="scs">B.C.</span>). Aroused by the prophets Haggai and Zechariah the +building was then resumed, and despite fresh attempts to +hinder the work it was completed, consecrated and dedicated +in the sixth year of that king (vi.). The event was solemnized +by the celebration of the Passover (cf. 2 Chron. xxx., Hezekiah; +xxxv. Josiah).</p> + +<p>(<i>b</i>) An interval of fifty-eight years is passed over in silence, +and the rest of the book of Ezra comprises his account of his +mission to Jerusalem (vii.-x.). Ezra, a scribe of repute, well +versed in the laws of Moses, returns with a band of exiles in +order to reorganize the religious community. A few months +after his arrival (seventh year of Artaxerxes, 458 <span class="scs">B.C.</span>) he instituted +a great religious reform, viz. the prohibition of intermarriage +with the heathen of the land (cf. already vi. 21). +In spite of some opposition (x. 15 obscurely worded) the reform +was accepted, and the foundations of a new community were +laid.</p> + +<p>(<i>c</i>) Twelve years elapse before the return of Nehemiah, whose +description of his work is one of the most interesting pieces of +Old Testament narrative (Neh. i.-vi.). In the twentieth year of +Artaxerxes (445 <span class="scs">B.C.</span>), Nehemiah the royal cup-bearer at Shushan +(Susa, the royal winter palace) was visited by friends from Judah +and was overcome with grief at the tidings of the miserable condition +of Jerusalem and the pitiful state of the Judaean remnant +which had escaped the captivity. He obtained permission to +return, and on reaching the city made a secret survey of the ruins +and called upon the nobles and rulers to assist in repairing them. +Much opposition was caused by Sanballat the Horonite (<i>i.e.</i> of +the Moabite Horonaim or Beth-horon, about 15 m. N.W. of +Jerusalem), Tobiah the Ammonite, Geshem (or Gashmu) the +Arabian, and the Ashdodites, whose virulence increased as the +rebuilding of the walls continued. But notwithstanding attempts +upon the city and upon the life of Nehemiah, and in spite of +intrigues among certain members of the Judaean section, in +fifty-two days the city walls were complete (Neh. vi. 15). The +hostility, however, did not cease, and measures were taken to +ensure the safety of the city (vi. 16-vii. 4). A valuable account +is given of Nehemiah’s economical reforms, illustrating the +internal social conditions of the period and the general character +of the former governors who had been placed in charge (v., cf. +the laws codified in Lev. xxv. 35 sqq.).</p> + +<p>(<i>d</i>) The remaining chapters carry on the story of the labours +of <i>both</i> Ezra, and Nehemiah. The list of those who returned +under the decree of Cyrus is repeated (Neh. vii.), and leads up to +the reading of the Law by Ezra, a great national confession of +guilt, and a solemn undertaking to observe the new covenant, the +provisions of which are detailed (x. 28-39). After sundry lists of +the families dwelling in Jerusalem and its neighbourhood (xi. 1 +sqq., apparently a sequel to vii. 1-4),<a name="fa2p" id="fa2p" href="#ft2p"><span class="sp">2</span></a> and of various priests and +Levites, an account is given of the dedication of the walls (xii. +27-43), the arrangements for the Levitical organization (<i>vv.</i> 44-47), +and a fresh separation from the heathen (Moabites and +Ammonites, xiii. 1-3; cf. Deut. xxiii. 3 seq.). The book concludes +with another extract from Nehemiah’s memoirs dealing with +the events of a second visit, twelve years later (xiii. 4-31). On +this occasion he vindicated the sanctity of the temple by +expelling Tobiah, reorganized the supplies for the Levites, took +measures to uphold the observance of the Sabbath, and protested +energetically against the foreign marriages. In the course +of his reforms he thrust out a son of Joiada (son of Eliashib, +the high-priest), who had married the daughter of Sanballat, an +incident which had an important result (see <span class="sc"><a href="#artlinks">Samaritans</a></span>).</p> + +<p>That these books are the result of compilation (like the book +of Chronicles itself) is evident from the many abrupt changes; +the inclusion of certain documents written in an Aramaic dialect +(Ezr. iv. 8-vi. 18, vii. 12-26)<a name="fa3p" id="fa3p" href="#ft3p"><span class="sp">3</span></a>; the character of the name-lists; +the lengthy gaps in the history; the use made of two distinct +sources, attributed to Ezra and Nehemiah respectively, and +from the varying form in which the narratives are cast. The +<span class="pagenum"><a name="page109" id="page109"></a>109</span> +chronicler’s hand can usually be readily recognized. There +are relatively few traces of it in Nehemiah’s memoirs and in +the Aramaic documents, but elsewhere the sources are largely +coloured, if not written from the standpoint of his age. Examples +of artificial arrangement appear notably in Ezr. ii.-iii. 1 +compared with Neh. vii. 6-viii. 1 (first clause); in the present +position of Ezr. iv. 6-23; and in the dislocation of certain +portions of the two memoirs in Neh. viii.-xiii. (see below). It +should be noticed that the present order of the narratives involves +the theory that some catastrophe ensued after Ezr. x. and before +Neh. i.; that the walls had been destroyed and the gates burnt +down; that some external opposition (with which, however, Ezra +did not have to contend) had been successful; that the main +object of Ezra’s mission was delayed for twelve years, and, +finally, that only through Nehemiah’s energy was the work of +social and religious reorganization successful. These topics +raise serious historical problems (see <span class="sc"><a href="#artlinks">Jews</a></span>: <i>History</i>, § 21).</p> + +<p>3. <i>Criticism of Ezra i.-vi.</i>—The chronicler’s account of the +destruction of Jerusalem, the seventy years’ interval (2 Chron. +xxxvi. 20 sq.; cf. Jer. xxv. 11, xxix. 10, also Is. xxiii. 17), and the +return of 42,360 of the exiles (Ezr. ii. 64 sqq.) represent a +special view of the history of the period. The totals, as also the +detailed figures, in Ezr., Neh. and 1 Esdr. v. vary considerably; +the number is extremely large (contrast Jer. lii. 30); it includes +the common people (contrast 2 Kings xxiv. 14, xxv. 12), and +ignores the fact that Judah was not depopulated, that the Jews +were carried off to other places besides Babylon and that many +remained behind in Babylon. According to this view, Judah +and Jerusalem were practically deserted until the return. The +list in Ezr. ii. is that of families which returned “every man unto +his city” under twelve leaders (including Nehemiah, Azariah +[cf. Ezra], Zcrubbabel and Jeshua); it recurs with many variations +in a different and apparently more original context in Neh. +vii., and in 1 Esdr. v. is ascribed to the time of Darius. The +families (to judge from the northwards extension of Judaean +territory) are probably those of the population in the later +Persian period, hardly those who returned to the precise homes +of their ancestors (see C.F. Kent, Israel’s <i>Hist. and Biogr. +Narratives</i>, p. 379). The offerings which are for the temple-service +in Neh. vii. 70-72 (cf. 1 Chron. xxix. 6-8) are for the +building of the temple in Ezr. ii. 68-70; and since the walls are +not yet built, the topographical details in Neh. viii. 1 (see 1 Esdr. +v. 47) are adjusted, and the event of the seventh month is not the +reading of the Law amid the laments of the people (Neh. viii.; +see <i>vv.</i> 9-11) but the erection of the altar by Jeshua and Zerubbabel +under inauspicious circumstances (cf. Ezr. iii. 3 with 1 +Esdr. v. 50).</p> + +<p>The chronologically misplaced account of the successful opposition +in the time of Ahasuerus (<i>i.e.</i> Xerxes) and Artaxerxes (the +son and grandson of Darius respectively) breaks the account of +the <i>temple</i> under Cyrus and Darius, and is concerned with the +city walls (iv. 6-23)<a name="fa4p" id="fa4p" href="#ft4p"><span class="sp">4</span></a>; there is some obscurity in <i>vv.</i> 7-9: Rehum +and Shimshai evidently take the lead, Tabeel may be an Aramaized +equivalent of Tobiah. A recent return is implied (iv. 12) +and the record hints that a new decree may be made (<i>v.</i> 21). +The account of the unsuccessful opposition to the <i>temple</i> in the +time of Darius (v. sq.; for another account see Jos. <i>Ant.</i> xi. 4, 9) +is independent of iv. 7-23, and throws another light upon the +decree of Cyrus (vi. 3-5, contrast i. 2-4). It implies that Sheshbazzar, +who had been sent with the temple vessels in the time of +Cyrus, had laid the foundations and that the work had continued +without cessation (v. 16, contrast iv. 5, 24). The beginning of +the reply of Darius is wanting (vi. 6 sqq.), and the decree which +had been sought in Babylon is found at Ecbatana. Chap. vi. 15 +sqq. follow more naturally upon v. 1-2, but <i>v.</i> 14 with its difficult +reference to Artaxerxes now seems to presuppose the decree in +iv. 21 and looks forward to the time of Ezra or Nehemiah. As +regards this section (Ezr. i.-vi.) as a whole, there is little doubt +that i. iii. 1-iv. 5, vi. 15-22 are from the chronicler, whose free +treatment of his material is seen in the use he has made of ch. ii. +Notwithstanding the unimpeachable evidence for the tolerant +attitude of Persian kings and governors towards the religion of +subject races, it is probable that the various decrees incorporated +in the book (cf. also 1 Esdr. iv. 42 sqq.) have been reshaped from +a Jewish standpoint. A noteworthy example appears in the +account of the unique powers entrusted to Ezra (vii. 11-26), the +introduction to whose memoirs, at all events, is quite in the style +of the chronicler.</p> + +<p>4. <i>Memoirs of Nehemiah and Ezra.</i>—The memoirs of Ezra +and Nehemiah do not appear to have been incorporated without +some adjustment. The lapse of time between Neh. i. 1 and ii. 1 +is noteworthy, and with the prayer in i. 5-11 cf. Ezr. ix. 6-15, +Dan. ix. 4 sqq. (also parallels in Deuteronomy); chap. i. in its +present form may be a compiler’s introduction. The important +topographical list in ch. iii. is probably from another source; +the styie is different, Nehemiah is absent, and the high-priest +is unusually prominent.<a name="fa5p" id="fa5p" href="#ft5p"><span class="sp">5</span></a> Chap, v., where Nehemiah reviews his +<i>past</i> conduct as governor, turns aside to economic reforms and +scarcely falls within the fifty-two days of the building of the +walls. The chapter is closely associated with the contents of +xiii. and breaks the account of the opposition. Anticipated +already in ii. 10, the hostility partly arises from the repudiation +of Samaritan religious claims (ii. 20; cf. Ezr. iv. 3) and is partly +political. It is difficult to follow its <span class="correction" title="amended from progrees">progress</span> clearly, and the +account ceases abruptly in. vi. 17-19 with the notice of the +conspiracy of Tobiah and the nobles of Judah. The chronicler’s +style can be recognized in vii. 1-5 (in its present form), where +steps are taken to protect and to people Jerusalem; the older +sequel is now found in ch. xi. Whilst the account of the dedication +of the walls is marked by the use of the pronoun “I” +(xii. 31, 38, 40), it is probably now due as a whole to the chronicler, +and when the more trustworthy memoirs of Nehemiah are +resumed (xiii. 4 sqq.) the episodes, although placed twelve +years later (ver. 6), are intimately connected with the preceding +reforms (cf. xii. 44-xiii. 3 with xiii. 10 sqq., 23 sqq.).<a name="fa6p" id="fa6p" href="#ft6p"><span class="sp">6</span></a> Nehemiah’s +attitude towards intermarriage is markedly moderate in contrast +to the drastic measures of Ezra, whose mission and work the +simpler and perhaps earlier narratives of Nehemiah originally +ignored, and the relation between the two is complicated further +by the literary character of the memoir of Ezra.</p> + +<p>To the last mentioned are prefixed (<i>a</i>) the scribe’s genealogy, +which traces him back to Aaron and names as his immediate +ancestor, Seraiah, who had been slain 130 years previously +(Ezr. vii. 1-5), and (<i>b</i>) an independent account of the return +(<i>vv.</i> 6-10) with a reference to Ezra’s renown, obviously not +from the hand of Ezra himself. Whatever the original prelude +to Ezra’s thanksgiving may have been (vii. 27 seq.), we now +have the essentially Jewish account of the letter of Artaxerxes +with its unusual concessions.<a name="fa7p" id="fa7p" href="#ft7p"><span class="sp">7</span></a> The list of those who returned +amounts to the moderate total of 1496 males (viii., but 1690 in +1 Esdr. viii. 30 sqq.). Ezra’s mission was obviously concerned +with the Law and Temple service (vii. 6, 10, 14 sqq., 25; viii. 17, +24-30, 33 sq.), but four months elapse between his return in the +fifth month (vii. 9) and the preparations for the marriage reforms +in the ninth (x. 9), and there is a delay of twelve years before the +Law is read (Neh. viii.). The Septuagint version (1 Esdr. ix.; cf. +Josephus, <i>Antiq.</i> xi. 5. 5 and some modern scholars) would place +<span class="pagenum"><a name="page110" id="page110"></a>110</span> +the latter after Ezr. x., but more probably this event (dated in +the seventh month) should precede the great undertaking in +Ezr. ix.<a name="fa8p" id="fa8p" href="#ft8p"><span class="sp">8</span></a> That the adjustment was attended with considerable +revision of the passages appears from a careful comparison of +Neh. viii. sq. with Ezr. ix. sq. With Ezra’s confession (ix. 6 sqq.) +compare the prayer in Neh. ix. 5 sqq., which the Septuagint +ascribes to him. In Ezr. x. (written in the third person) the +number of those that had intermarried with the heathen is +relatively small considering the general trend of the preliminaries, +and the list bears a marked resemblance to that in ch. ii. It +ends abruptly and obscurely (x. 44; cf. 1 Esdr. ix. 36), and whilst +as a whole the memoirs of Ezra point to ideas later than those of +Nehemiah, the present close literary connexion between them +is seen in the isolated reference to Johanan the son of Eliashib +in Ezra x. 6, which seems to be connected with Neh. xiii. 7, and +(after W.R. Smith) in the suitability of <i>ib.</i> xiii. 1, 2 between +Ezr. x. 9 and 10. The list of signatories in Neh. x. 1-27 should +be compared with the names in xii. and 1 Chron. xxiv.; the true +connexion of ix. 38 is very obscure, and the relation to Ezr. ix. +seq. is complicated by the reference to the separation from the +heathen in Neh. ix. 2. The description of the covenant (Neh. x. +28 sqq., marked by the use of “we”) is closely connected with +xii. 43-xiii. 3 (from the same or an allied source), and anticipates +the parallel though somewhat preliminary measures detailed +in the more genuine memoirs (Neh. xiii. 4 sqq.). Finally, the +specific allusion in xiii. 1-3 to Ammon and Moab is possibly +intended as an introduction to the references to Tobiah and +Sanballat respectively (<i>vv.</i> 4 seq., 28).</p> + +<p>5. <i>Summary.</i>—The literary and historical criticism of Ezra-Nehemiah +is closely bound up with that of Chronicles, whose +characteristic features it shares. Although the three formed +a unit at one stage it may seem doubtful whether two so closely +related chapters as 1 Chron. ix. and Neh. xi. would have appeared +in one single work, while the repetition of Neh. vii. 6-viii. 1 in +Ezr. ii.-iii. 1 is less unnatural if they had originally appeared in +distinct sources. Thus other hands apart from the compiler of +Chronicles may have helped to shape the narratives, either +before their union with that book or after their separation.<a name="fa9p" id="fa9p" href="#ft9p"><span class="sp">9</span></a> +The present intricacy is also due partly to specific historical +theories regarding the post-exilic period. Here the recension in +1 Esdras especially merits attention for its text, literary structure +and for its variant traditions.<a name="fa10p" id="fa10p" href="#ft10p"><span class="sp">10</span></a> Its account of a return in the +time of Darius scarcely arose <i>after</i> Ezr. i.-iii. (Cyrus); the reverse +seems more probable, and the possibility of some confusion or +of an intentional adjustment to the earlier date is emphasized +by the relation between the popular feeling in Ezr. iii. 12 (Cyrus) +and Hag. ii. 3 (Darius), and between the grant by Cyrus in iii. 7 +(it is not certain that he held Phoenicia) and the permit of +Darius in 1 Esdr. iv. 47-57 (see <i>v.</i> 48). To the latter context +belongs the list of names which reappears in Ezr. ii. (Cyrus). +But from the independent testimony of Haggai and Zechariah it +is doubtful whether the chronicler’s account of the return under +Cyrus is at all trustworthy. The list in 1 Esdr. v., Ezr. ii., +as already observed, appears to be in its more original context +in Neh. vii., <i>i.e.</i> in the time of Artaxerxes, and it is questionable +whether the earliest of the surviving detailed traditions in +Ezra-Nehemiah went back before this reign. It is precisely at +this age that there is evidence for a return, apparently other +than that of Ezra or Nehemiah (see Ezr. iv. 12), yet no account +seems to be preserved unless the records were used for the +history of earlier periods (cf. generally Ezr. iii. 12 sq. with Neh. +viii. 9-11; Ezr. iii. 7 with the special favour enlisted on behalf +of the Jews in vi. 7 sq., 13, vii. 21; Neh. ii. 7 sq.). But the +account of the events in the reign of Artaxerxes is extremely +perplexing. Since the building of the walls of Jerusalem +must have begun early in the fifth month (Neh. vi. 15), an +allowance of three days (ii. 11) makes the date of Nehemiah’s +arrival practically the anniversary of Ezra’s return (Ezr. vii. 9, +viii. 32). Considering the close connexion between the work +of the two men this can hardly be accidental. The compiler, +however, clearly intends Neh. vi. 15 (25th of sixth month) to be +the prelude to the events in Neh. vii. 73, viii. (seventh month), +but the true sequence of Neh. vi. sqq. is uncertain, and the +possibility of artificiality is suggested by the unembellished +statement of Josephus that the building of the walls occupied, +not fifty-two days, but two years four months (<i>Ant</i>. xi. 5. 8). +The present chronological order of Nehemiah’s work is confused +(cf. §4, n. 3), and the obscure interval of twelve years in his work +corresponds very closely to that which now separates the records +of Ezra’s labours. However, both the recovery of the compilers’ +aims and attempted reconstructions are precluded from finality +by the scantiness of independent historical evidence. (See +further <span class="sc"><a href="#artlinks">Jews</a></span>: <i>History</i>, §21 seq.)</p> + +<div class="condensed"> +<p><span class="sc">Bibliography.</span>—S.R. Driver, <i>Lit. of the O.T.</i> (1909), pp. 540 sqq. +and the commentaries of H.E. Ryle (<i>Camb. Bible</i>, 1893), C. Siegfried +(1901), A. Bertholet (1902), and T.W. Davies (<i>Cent. Bible</i>, 1909). +Impetus to recent criticism of these books starts with Van Hoonacker +(<i>Neh. et Esd</i>. [1890]; see also <i>Expos. Times</i> [1897], pp. 351-354, and +M.-J. Lagrange, <i>Rev. biblique</i>, iii. 561-585 [1894], iv. 186-202 [1895]) +and W.H. Kosters (Germ. ed., <i>Wiederherstellung Israëls</i>, 1895). +The latter’s important conclusions (for which see his article with +Cheyne’s additions in <i>Ency. Bib</i>. col. 1473 sqq., 3380 sqq.) have been +adversely criticized, especially by J. Wellhausen (<i>Nachrichten</i> of the +Univ. of Göttingen, 1895, pp. 166-186), E. Meyer (<i>Entstehung d. +Judentums</i>, 1896), J. Nikel (<i>Wiederherstellung d. jüd. Gemein.</i>, +1900), and S. Jampel in <i>Monatsschrift f. Gesch. u. Wissens. d. +Judentums</i>, vols. xlvi.-xlvii. (1902-1903). The negative criticisms +of Kosters have, however, been strengthened by his replies (in the +Dutch <i>Theolog. Tijdschrift</i>), and by the discussions of C.C. Torrey +and C.F. Kent (<i>op. cit</i>) and of G. Jahn (<i>Esra u. Neh.</i> pp. i-lxxviii; +1909), and his general position appears to do more justice to the +biblical evidence as a whole.</p> +</div> +<div class="author">(S. A. C.)</div> + +<hr class="foot" /> <div class="note"> + +<p><a name="ft1p" id="ft1p" href="#fa1p"><span class="fn">1</span></a> References to 1 Esdras in this article are to the book discussed +above as <span class="sc"><a href="#artlinks">Ezra, Third Book of</a></span>.</p> + +<p><a name="ft2p" id="ft2p" href="#fa2p"><span class="fn">2</span></a> With Neh. xi. 4-19 cf. 1 Chron. ix. 3-17; with the list xii. 1-7 cf. +<i>vv.</i> 12-21 and x. 3-9; and with xii. 10 sq. cf. 1 Chron. vi. 3-13 (to +which it forms the sequel). See further Smend, <i>Listen d. Esra u. +Neh.</i> (1881).</p> + +<p><a name="ft3p" id="ft3p" href="#fa3p"><span class="fn">3</span></a> Sometimes wrongly styled Chaldee (<i>q.v.</i>); see <span class="sc"><a href="#artlinks">Semitic Languages</a></span>.</p> + +<p><a name="ft4p" id="ft4p" href="#fa4p"><span class="fn">4</span></a> Its real position in the history of this period is not certain. +Against the supposition that the names refer to Cambyses and +Pseudo-Smerdis who reigned after Cyrus and before Darius, see +H.E. Ryle, <i>Camb. Bible</i>, “Ezra and Neh.,” p. 65 sq. Against the +view that Darius is D. ii. Nothus of 423-404 <span class="scs">B.C.</span>, see G.A. Smith, +<i>Minor Prophets</i>, ii. 191 sqq. The ignorance of the compiler regarding +the sequence of the kings finds a parallel in that of the author of the +book of Daniel (<i>q.v.</i>); see C.C. Torrey, <i>Amer. Journ. of Sem. Lang.</i> +(1907), p. 178, n. 1.</p> + +<p><a name="ft5p" id="ft5p" href="#fa5p"><span class="fn">5</span></a> See further H.G. Mitchell, <i>Journ. of Bibl. Lit.</i> (1903), pp. 88 sqq.</p> + +<p><a name="ft6p" id="ft6p" href="#fa6p"><span class="fn">6</span></a> The chronological difficulties will be seen from xiii. 6 (“before +this”), which would imply that the dedication of the walls was on +the occasion of Nehemiah’s later visit (see G.A. Smith, <i>Expositor</i>, +July 1906, p. 12). His previous departure is perhaps foreshadowed +in vii. 2.</p> + +<p><a name="ft7p" id="ft7p" href="#fa7p"><span class="fn">7</span></a> See <i>Ency. Bib.</i> col. 1480. Papyri from a Jewish colony in +Elephantine (407 <span class="scs">B.C.</span>) clearly show the form which royal permits +could take, and what the Jews were prepared to give in return; the +points of resemblance are extremely interesting, but compared with +the biblical documents the papyri reveal some striking differences.</p> + +<p><a name="ft8p" id="ft8p" href="#fa8p"><span class="fn">8</span></a> C.C. Torrey, <i>Comp. and Hist. Value of Ezra-Neh.</i> (Beihefte of +<i>Zeit. f. alttest. Wissens.</i>, 1896), pp. 30-34; C.F. Kent, <i>Israel’s Hist. +and Biog. Narratives</i>, pp. 32, 369. Since Neh. vii. 70-73 is closely +joined to viii., the suggested transposition would place its account +of the contributions to the temple in a more appropriate context +(cf. Ezr. viii. 24-30, 33 sq.).</p> + +<p><a name="ft9p" id="ft9p" href="#fa9p"><span class="fn">9</span></a> For linguistic evidence reference should be made to J. Geissler, +<i>Die litterarischen Beziehungen d. Esramemoiren</i> (Chemnitz, 1899).</p> + +<p><a name="ft10p" id="ft10p" href="#fa10p"><span class="fn">10</span></a> See especially Sir Henry Howorth, <i>Proc. of Society of Bibl. Arch.</i> +(1901-1904), <i>passim</i>; C.C. Torrey, <i>Ezra Studies</i> (Chicago, 1910). +For the text, see A. Klostermann, <i>Real-Ency. f. prot. Theol.</i> v. 501 +sqq.; H. Guthe in Haupt’s <i>Sacred Books of Old Testament</i> (1899); +and S.A. Cook in R.H. Charles, <i>Apocrypha and Pseudepigrapha</i>.</p> +</div> + + +<hr class="art" /> +<p><span class="bold">EZZO,<a name="ar104" id="ar104"></a></span> or <span class="sc">Ehrenfried</span> (<i>c.</i> 954-1024), count palatine in Lorraine, +was the son of a certain Hermann (d. <i>c.</i> 1000), also a count +palatine in Lorraine who had possessions in the neighbourhood +of Bonn. Having married Matilda (d. 1025), a daughter of the +emperor Otto II., Ezzo came to the front during the reign of his +brother-in-law, the emperor Otto III. (983-1002); his power was +increased owing to the liberal grant of lands in Thuringia and +Franconia which he received with his wife, and some time later +his position as count palatine was recognized as an hereditary +dignity. Otto’s successor, the emperor Henry II., was less +friendly towards the powerful count palatine, though there was +no serious trouble between them until 1011; but some disturbances +in Lorraine quickly compelled the emperor to come to terms, +and the assistance of Ezzo was purchased by a gift of lands. +Henceforward the relations between Henry and his vassal appear +to have been satisfactory. Very little is known about Ezzo’s +later life, but we are told that he died at a great age at Saalfeld +on the 21st of March 1024. He left three sons, among them being +Hermann, who was archbishop of Cologne from 1036 to 1056, +and Otto, who was for a short time duke of Swabia; and seven +daughters, six of whom became abbesses. Ezzo founded a +monastery at Brauweiler near Cologne, the place where his +marriage had been celebrated. This was dedicated in 1028 by +Piligrim, archbishop of Cologne, and here both Ezzo and his wife +were buried.</p> + + +<hr class="art" /> +<p><span class="bold">EZZOLIED,<a name="ar105" id="ar105"></a></span> or <span class="sc">Anegenge</span>, an old German poem, written by +Ezzo, a scholar of Bamberg. It was written about 1060, but not, +as one authority asserts, composed while the author was making +a pilgrimage to Jerusalem. The subject of the poem is the life of +Christ. Very popular during the later middle ages, the <i>Ezzolied</i> +had a great influence on the poetry of south Germany, and is +valuable as a monument of the poetical literature of the time.</p> + +<div class="condensed"> +<p>The text is printed in the <i>Denkmäler deutscher Poesie und Prosa +aus dem 8-12. Jahrhundert</i> (Berlin, 1892) of C.V. Müllenhoff and W. +Scherer.</p> +</div> + +<p><span class="pagenum"><a name="page111" id="page111"></a>111</span></p> + + +<hr class="art" /> +<p><span class="bold f150">F<a name="ar106" id="ar106"></a></span> This is the sixth letter of the English alphabet as it was +of the Latin. In the ordinary Greek alphabet the symbol +has disappeared, although it survived far into historical +times in many Greek dialects as <img style="width:16px; height:17px; vertical-align: middle;" src="images/img111a.jpg" alt="" />, the digamma, the +use of which in early times was inductively proved by Bentley, +when comparatively little was known of the local alphabets +and dialects of Greece. The so-called <i>stigma</i> ς, which serves +for the numeral 6, is all that remains to represent it. This +symbol derives its name from its resemblance in medieval MSS. +to the abbreviation for <span class="grk" title="st">στ</span>. The symbol occupying the same position +in the Phoenician alphabet was Vau (<img style="width:58px; height:29px; vertical-align: middle;" src="images/img111b.jpg" alt="" />), which seems +to be represented by the Greek Υ, the Latin <img style="width:16px; height:18px; vertical-align: middle;" src="images/img111c.jpg" alt="" />, at the end of +the early alphabet. Many authorities therefore contend that +<img style="width:15px; height:18px; vertical-align: middle;" src="images/img111d.jpg" alt="" /> is only a modification of the preceding symbol E and has +nothing to do with the symbol Vau. In some early Latin +inscriptions <img style="width:15px; height:18px; vertical-align: middle;" src="images/img111d.jpg" alt="" /> is represented by |<span class="sp">|</span>, as E is by ||. It must be +admitted that the resemblance between the sixth symbol of +the Phoenician alphabet and the corresponding symbol of the +European alphabet is not striking. But the position of the +limbs of symbols in early alphabets often varies surprisingly. +In Greek, besides <img style="width:15px; height:18px; vertical-align: middle;" src="images/img111d.jpg" alt="" /> we find for <i>f</i> in Pamphylia (the only Greek +district in Asia which possesses the symbol) <img style="width:16px; height:21px; vertical-align: middle;" src="images/img111e.jpg" alt="" />, and in Boeotia, +Thessaly, Tarentum, Cumae and on Chalcidian vases of Italy the +form <img style="width:16px; height:19px; vertical-align: middle;" src="images/img111f.jpg" alt="" />, though except at Cumae and on the vases the form <img style="width:15px; height:18px; vertical-align: middle;" src="images/img111d.jpg" alt="" /> +exists contemporaneously with <img style="width:16px; height:19px; vertical-align: middle;" src="images/img111f.jpg" alt="" /> or even earlier. At the little +town of Falerii (Civita Castellana), whose alphabet is undoubtedly +of the same origin as the Latin, <img style="width:16px; height:17px; vertical-align: middle;" src="images/img111a.jpg" alt="" /> takes the form <img style="width:17px; height:21px; vertical-align: middle;" src="images/img111g.jpg" alt="" />. Though +uncertain, therefore, it seems not impossible that the original +symbol of the Phoenician alphabet, which was a consonant like +the English <i>w</i>, may have been differentiated in Greek into two +symbols, one indicating the consonant value <i>w</i> and retaining +the position of the Phoenician consonant Vau, the other having +the vowel value <i>u</i>, which ultimately most dialects changed to +a modified sound like French <i>u</i> or German <i>ü</i>. Be this as it may, +the value of the symbol <img style="width:16px; height:17px; vertical-align: middle;" src="images/img111a.jpg" alt="" /> in Greek was <i>w</i>, a bilabial voiced +sound, not the labio-dental unvoiced sound which we call <i>f</i>. +When the Romans adopted the Greek alphabet they took over +the symbols with their Greek values. But Greek had no sound +corresponding to the Latin <i>f</i>, for φ was pronounced <i>p-h</i>, like the +final sound of <i>lip</i> in ordinary English or the initial sound of <i>pig</i> +in Irish English. Consequently in the very old inscription +on a gold fibula found at Praeneste and published in 1887 (see +<span class="sc"><a href="#artlinks">Alphabet</a></span>) the Latin <i>f</i> is represented by <img style="width:27px; height:16px; vertical-align: middle;" src="images/img111h.jpg" alt="" />. Later, as Latin +did not use <img style="width:15px; height:18px; vertical-align: middle;" src="images/img111d.jpg" alt="" /> for the consonant written as <i>v</i> in <i>vis</i>, &c. , <img style="width:15px; height:18px; vertical-align: middle;" src="images/img111i.jpg" alt="" /> was +dropped and <img style="width:15px; height:18px; vertical-align: middle;" src="images/img111d.jpg" alt="" /> received a new special value in Latin as representative +of the unvoiced labio-dental spirant. In the Oscan +and Umbrian dialects, whose alphabet was borrowed from +Etruscan, a special form appears for <i>f</i>, viz. <img style="width:13px; height:17px; vertical-align: middle;" src="images/img111j.jpg" alt="" />, the old form <img style="width:16px; height:19px; vertical-align: middle;" src="images/img111f.jpg" alt="" /> +being kept for the other consonant <i>v</i> (<i>i.e.</i> English <i>w</i>). The +<img style="width:13px; height:17px; vertical-align: middle;" src="images/img111j.jpg" alt="" /> has generally been asserted to be developed out of the second +element in the combination <img style="width:27px; height:16px; vertical-align: middle;" src="images/img111h.jpg" alt="" />, its upper and lower halves +being first converted into lozenges, <img style="width:13px; height:25px; vertical-align: middle;" src="images/img111k.jpg" alt="" />, which naturally changed +to <img style="width:13px; height:17px; vertical-align: middle;" src="images/img111j.jpg" alt="" /> when inscribed without lifting the writing or incising implement. +Recent discoveries, however, make this doubtful +(see <span class="sc"><a href="#artlinks">Alphabet</a></span>).</p> +<div class="author">(P. Gi.)</div> + + +<hr class="art" /> +<p><span class="bold">FABBRONI, ANGELO<a name="ar107" id="ar107"></a></span> (1732-1803), Italian biographer, was +born at Marradi in Tuscany on the 25th of September 1732. +After studying at Faenza he entered the Roman college founded +for the education of young Tuscans. On the conclusion of his +studies he continued his stay in Rome, and having been introduced +to the celebrated Jansenist Bottari, received from him the canonry +of Santa Teresa in Trastevere. Some time after this he was +chosen to preach a discourse in the pontifical chapel before +Benedict XIV. and made such a favourable impression that the +pontiff settled on him an annuity, with the possession of which +Fabbroni was able to devote his whole time to study. He was +intimate with Leopold I., grand-duke of Tuscany, but the Jesuits +disliked him on account of his Jansenist views. Besides his +other literary labours he began at Pisa in 1771 a literary journal, +which he continued till 1796. About 1772 he made a journey to +Paris, where he formed the acquaintance of Condorcet, Diderot, +d’Alembert, Rousseau and most of the other eminent Frenchmen +of the day. He also spent four months in London. He died at +Pisa on the 22nd of September 1803.</p> + +<div class="condensed"> +<p>The following are his principal works:—<i>Vitae Italorum doctrina +excellentium qui saeculis XVII. et XVIII. floruerunt</i> (20 vols., +Pisa, 1778-1799, 1804-1805), the last two vols., published posthumously, +contain a life of the author; <i>Laurentii Medicei Magnifici +Vita</i> (2 vols., Pisa, 1784), a work which served as a basis for H. +Roscoe’s <i>Life of Lorenzo dei Medici</i>; <i>Leonis X. pontificis maximi +Vita</i> (Pisa, 1797); and <i>Elogi di Dante Alighieri, di Angelo Poliziano, +di Lodovico Ariosto, e di Torq. Tasso</i> (Parma, 1800).</p> +</div> + + +<hr class="art" /> +<p><span class="bold">FABER,<a name="ar108" id="ar108"></a></span> the name of a family of German lead-pencil manufacturers. +Their business was founded in 1760 at Stein, near +Nuremberg, by Kaspar Faber (d. 1784). It was then inherited by +his son Anton Wilhelm (d. 1819). Georg Leonhard Faber succeeded +in 1810 (d. 1839), and the business passed to Johann Lothar +von Faber (1817-1896), the great-grandson of the founder. At +the time of his assuming control about twenty hands were employed, +under old-fashioned conditions, and owing to the invention +of the French <i>crayons Contés</i> of Nicolas Jacques Conté (<i>q.v.</i>) +competition had reduced the entire Nuremberg industry to a low +ebb (see <span class="sc"><a href="#artlinks">Pencil</a></span>). Johann introduced improvements in machinery +and methods, brought his factory to the highest state of efficiency, +and it became a model for all the other German and Austrian manufacturers. +He established branches in New York, Paris, London +and Berlin, and agencies in Vienna, St Petersburg and Hamburg, +and made his greatest <i>coup</i> in 1856, when he contracted for the +exclusive control of the graphite obtained from the East Siberian +mines. Faber had also branched out into the manufacture of +water-colour and oil paints, inks, slates and slate-pencils, and +engineers’ and architects’ drawing instruments, and built +additional factories to house his various industries at New York +and at Noisy-le-Sec, near Paris, and had his own cedar mills +in Florida. For his services to German industry he received a +patent of nobility and an appointment as councillor of state. +After the death of his widow (1903) the business was inherited +by his grand-daughter Countess Otilie von Faber-Castell and her +husband, Count Alexander.</p> + + +<hr class="art" /> +<p><span class="bold">FABER, BASIL<a name="ar109" id="ar109"></a></span> (1520—<i>c.</i> 1576), Lutheran schoolmaster and +theologian, was born at Sorau, in lower Lusatia, in 1520. In +1538 he entered the university of Wittenberg, studying as +<i>pauper gratis</i> under Melanchthon. Choosing the schoolmaster’s +profession, he became successively rector of the schools at +Nordhausen, Tennstadt (1555), Magdeburg (1557) and Quedlinburg +(1560). From this last post he was removed in December +1570 as a Crypto-Calvinist. In 1571 he was appointed to the +Raths-gymnasium at Erfurt, not as rector, but as director +(<i>Vorsteher</i>). In this situation he remained till his death in 1575 +or 1576. His translation of the first twenty-five chapters of +Luther’s commentary on Genesis was published in 1557; in other +ways he promoted the spread of Lutheran views. He was a +contributor to the first four of the <i>Magdeburg Centuries</i>. He is +best known by his <i>Thesaurus eruditionis scholasticae</i> (1571; +last edition, improved by J.H. Leich, 1749, folio, 2 vols.); this +was followed by his <i>Libellus de disciplina scholastica</i> (1572).</p> + +<div class="condensed"> +<p>See Wagenmann and G. Müller in Herzog-Hauck’s <i>Realencyklopädie</i> +(1898).</p> +</div> +<div class="author">(A. Go.*)</div> + + +<hr class="art" /> +<p><span class="bold">FABER, FREDERICK WILLIAM<a name="ar110" id="ar110"></a></span> (1814-1863), British hymn +writer and theologian, was born on the 28th of June 1814 at +Calverley, Yorkshire, of which place his grandfather, Thomas +Faber, was vicar. He attended the grammar school of Bishop +Auckland for a short time, but a large portion of his boyhood +was spent in Westmorland. He afterwards went to Harrow +<span class="pagenum"><a name="page112" id="page112"></a>112</span> +and to Balliol College, Oxford. In 1835 he obtained a scholarship +at University College; and in 1836 he gained the Newdigate +prize for a poem on “The Knights of St John,” which elicited +special praise from Keble. Among his college friends were Dean +Stanley and Roundell Palmer, 1st earl of Selborne. In January +1837 he was elected fellow of University College. Meanwhile he +had given up the Calvinistic views of his youth, and had become +an enthusiastic follower of John Henry Newman. In 1841 a +travelling tutorship took him to the continent; and on his +return a book appeared called <i>Sights and Thoughts in Foreign +Churches and among Foreign Peoples</i> (London, 1842), with a +dedication to his friend the poet Wordsworth. He accepted the +rectory of Elton in Huntingdonshire, but soon after went again +to the continent, in order to study the methods of the Roman +Catholic Church; and after a prolonged mental struggle he +joined the Roman Catholic communion in November 1845. He +founded a religious community at Birmingham, called Wilfridians, +which was ultimately merged in the oratory of St Philip Neri, +with John Henry Newman as Superior. In 1849 a branch of the +oratory—subsequently independent—was established in London, +first in King William Street, and afterwards at Brompton, over +which Faber presided till his death on the 26th of September +1863. In spite of his weak health, an almost incredible amount of +work was crowded into those years. He published a number of +theological works, and edited the <i>Oratorian Lives of the Saints</i>. +He was an eloquent preacher, and a man of great charm of +character. It is mainly as a hymn-writer, however, that Faber +is remembered. Among his best-known hymns are:—“The +Greatness of God,” “The Will of God,” “The Eternal Father,” +“The God of my Childhood,” “Jesus is God,” “The Pilgrims +of the Night,” “The Land beyond the Sea,” “Sweet Saviour, +bless us ere we go,” “I was wandering and weary,” and “The +Shadow of the Rock.” The hymns are largely used in Protestant +collections. In addition to many pamphlets and translations, +Faber published the following works: <i>All for Jesus</i>; <i>The +Precious Blood</i>; <i>Bethlehem</i>; <i>The Blessed Sacrament</i>; <i>The +Creator and the Creature</i>; <i>Growth of Holiness; Spiritual Conferences</i>; +<i>The Foot of the Cross</i> (8 vols., London, 1853-1860).</p> + +<div class="condensed"> +<p>See his <i>Life and Letters</i>, by Father J.E. Bowden (London, 1869), +and <i>A Brief Sketch of the Early Life of the late F.W. Faber</i>, D.D., by +his brother the Rev. F.A. Faber (London, 1869).</p> +</div> + + +<hr class="art" /> +<p><span class="bold">FABER,<a name="ar111" id="ar111"></a></span> Fabri or Fabry (surnamed <span class="sc">Stapulensis</span>), <b>JACOBUS</b> +[Jacques Lefèvre d’Étaples] (<i>c.</i> 1455—<i>c.</i> 1536), a pioneer of the +Protestant movement in France, was born of humble parents at +Étaples, in Pas de Calais, Picardy, about 1455. He appears to +have been possessed of considerable means. He had already been +ordained priest when he entered the university of Paris for higher +education. Hermonymus of Sparta was his master in Greek. +He visited Italy before 1486, for he heard the lectures of Argyropulus, +who died in that year; he formed a friendship with +Paulus Aemilius of Verona. In 1492 he again travelled in Italy, +studying in Florence, Rome and Venice, making himself familiar +with the writings of Aristotle, though greatly influenced by the +Platonic philosophy. Returning to Paris, he became professor in +the college of Cardinal Lemoine. Among his famous pupils were +F.W. Vatable and Farel; his connexion with the latter drew him +to the Calvinistic side of the movement of reform. At this time he +began the publication, with critical apparatus, of Boëtius (<i>De +Arithmetica</i>), and Aristotle’s <i>Physics</i> (1492), <i>Ethics</i> (1497), <i>Metaphysics</i> +(1501) and <i>Politics</i> (1506). In 1507 he took up his +residence in the Benedictine Abbey of St Germain des Prés, near +Paris; this was due to his connexion with the family of Briçonnet +(one of whom was the superior), especially with William Briçonnet, +cardinal bishop of St Malo (Meaux). He now began to +give himself to Biblical studies, the first-fruit of which was his +<i>Quintuplex Psalterium: Gallicum, Romanum, Hebraicum, Vetus, +Conciliatum</i> (1509); the <i>Conciliatum</i> was his own version. This +was followed by <i>S. Pauli Epistolae xiv. ex vulgata editione, adjecta +intelligentia ex Graeco cum commentariis</i> (1512), a work of great +independence and judgment. His <i>De Maria Magdalena et +triduo Christi disceptatio</i> (1517) provoked violent controversy +and was condemned by the Sorbonne (1521). He had left Paris +during the whole of 1520, and, removing to Meaux, was appointed +(May 1, 1523) vicar-general to Bishop Briçonnet, and published +his French version of the New Testament (1523). This (contemporary +with Luther’s German version) has been the basis of +all subsequent translations into French. From this, in the same +year, he extracted the versions of the Gospels and Epistles “à +l’usage du diocèse de Meaux.” The prefaces and notes to both +these expressed the view that Holy Scripture is the only rule of +doctrine, and that justification is by faith alone. He incurred +much hostility, but was protected by Francis I. and the princess +Margaret. Francis being in captivity after the battle of Pavia +(February 25, 1525), Faber was condemned and his works suppressed +by commission of the parlement; these measures were +quashed on the return of Francis some months later. He issued +<i>Le Psautier de David</i> (1525), and was appointed royal librarian at +Blois (1526); his version of the Pentateuch appeared two years +later. His complete version of the Bible (1530), on the basis of +Jerome, took the same place as his version of the New Testament. +Margaret (now queen of Navarre) led him to take refuge (1531) at +Nérac from persecution. He is said to have been visited (1533) +by Calvin on his flight from France. He died in 1536 or 1537.</p> + +<div class="condensed"> +<p>See C.H. Graf, <i>Essai sur la vie et les écrits</i> (1842); G. Bonet-Maury, +in A. Herzog-Hauck’s <i>Realencyklopädie</i> (1898).</p> +</div> +<div class="author">(A. Go.*)</div> + + +<hr class="art" /> +<p><span class="bold">FABER<a name="ar112" id="ar112"></a></span> (or <span class="sc">Lefèvre</span>), <b>JOHANN</b> (1478-1541), German theologian, +styled from the title of one of his works “Malleus +Haereticorum,” son of one Heigerlin, a smith (<i>faber</i>), was born +at Leutkirch, in Swabia, in 1478. His early life is obscure; the +tradition that he joined the Dominicans is untenable. He studied +theology and canon law at Tübingen and at Freiburg im Breisgau, +where he matriculated on the 26th of July 1509, and graduated +M.A. and doctor of canon law. He was soon appointed vicar +of Lindau and Leutkirch, and shortly afterwards canon of Basel. +In 1518 Hugo von Landenberg, bishop of Constance, made him +one of his vicars-general, and Pope Leo X. appointed him papal +protonotary. He was an advocate of reforms, in sympathy with +Erasmus, and corresponded (1519-1520) with Zwingli. While +he defended Luther against Eck, he was as little inclined to adopt +the position of Luther as of Carlstadt. His journey to Rome +in the autumn of 1521 had the result of estranging him from the +views of the Protestant leaders. He published <i>Opus adversus +nova quaedam dogmata Lutheri</i> (1522), and appeared as a disputant +against Zwingli at Zürich (1523). Then followed his <i>Malleus in +haeresin Lutheranam</i> (1524). Among his efforts to stem the tide +of Protestant innovation was the establishment of a training-house +for the maintenance and instruction of popular preachers, +drawn from the lower ranks, to compete with the orators of reform. +In 1526 he became court preacher to the emperor Ferdinand, and +in 1527 and 1528 was sent by him as envoy to Spain and England. +He approved the death by burning of Balthasar Hubmeier, the +Baptist, at Vienna on the 10th of March 1528. In 1531 he was +consecrated bishop of Vienna, and combined with this (till 1538) +the administration of the diocese of Neustadt. He died at Vienna +on the 21st of May 1541. His works were collected in three +volumes, 1537, 1539 and 1541.</p> + +<div class="condensed"> +<p>See C.E. Kettner, <i>Diss. de J. Fabri Vita Scriptisque</i> (1737); +Wagenmann and Egli in Herzog-Hauck’s <i>Realencyklopädie</i> (1898).</p> +</div> +<div class="author">(A. Go.*)</div> + + +<hr class="art" /> +<p><span class="bold">FABERT, ABRAHAM DE<a name="ar113" id="ar113"></a></span> (1599-1660), marshal of France, +was the son of Abraham Fabert, seigneur de Moulins (d. 1638), +a famous printer who rendered great services, civil and military, +to Henry IV. At the age of fourteen he entered the <i>Gardes +françaises</i>, and in 1618 received a commission in the Piedmont +regiment, becoming major in 1627. He distinguished himself +repeatedly in the constant wars of the period, notably in La +Rochelle and at the siege of Exilles in 1630. His bravery and +engineering skill were again displayed in the sieges of Avesnes and +Maubeuge in 1637, and in 1642 Louis XIII. made him governor +of the recently-acquired fortress of Sedan. In 1651 he became +lieutenant-general, and in 1654 at the siege of Stenay he introduced +new methods of siegecraft which anticipated in a measure +the great improvements of Vauban. In 1658 Fabert was made +a marshal of France, being the first commoner to attain that rank. +He died at Sedan on the 17th of May 1660.</p> + +<p><span class="pagenum"><a name="page113" id="page113"></a>113</span></p> + +<div class="condensed"> +<p>See <i>Histoire du maréchal de Fabert</i> (Amsterdam, 1697); P. Barre, +<i>Vie de Fabert</i> (Paris, 1752); A. Feillet, <i>Le Premier Maréchal de +France plébéien</i> (Paris, 1869); Bourelly, <i>Le Maréchal Fabert</i> (Paris, +1880).</p> +</div> + + +<hr class="art" /> +<p><span class="bold">FABIAN<a name="ar114" id="ar114"></a></span> [<span class="sc">Fabianus</span>], <b>SAINT</b> (d. 250), pope and martyr, was +chosen pope, or bishop of Rome, in January 236 in succession to +Anteros. Eusebius (<i>Hist. Eccl.</i> vi. 29) relates how the Christians, +having assembled in Rome to elect a new bishop, saw a dove +alight upon the head of Fabian, a stranger to the city, who was +thus marked out for this dignity, and was at once proclaimed +bishop, although there were several famous men among the +candidates for the vacant position. Fabian was martyred during +the persecution under the emperor Decius, his death taking place +on the 20th of January 250, and was buried in the catacomb of +Calixtus, where a memorial has been found. He is said to have +baptized the emperor Philip and his son, to have done some building +in the catacombs, to have improved the organization of the +church in Rome, to have appointed officials to register the deeds +of the martyrs, and to have founded several churches in France. +His deeds are thus described in the <i>Liber Pontificalis</i>: “Hic +regiones dividit diaconibus et fecit vii subdiacones, qui vii +notariis imminerent, ut gestas martyrum integro fideliter colligerent, +et multas fabricas per cymiteria fieri praecepit.” +Although there is very little authentic information about Fabian, +there is evidence that his episcopate was one of great importance +in the history of the early church. He was highly esteemed by +Cyprian, bishop of Carthage; Novatian refers to his <i>nobilissimae +memoriae</i>, and he corresponded with Origen. One authority +refers to him as Flavian.</p> + +<div class="condensed"> +<p>See the article on “Fabian” by A. Harnack in Herzog-Hauck’s +<i>Realencyklopädie</i>, Band v. (Leipzig, 1898).</p> +</div> + + +<hr class="art" /> +<p><span class="bold">FABIUS,<a name="ar115" id="ar115"></a></span> the name of a number of Roman soldiers and +statesmen. The Fabian gens was one of the oldest and most +distinguished patrician families of Rome. Its members claimed +descent from Hercules and a daughter of the Arcadian Evander. +From the earliest times it played a prominent part in Roman +history, and was one of the two gentes exclusively charged with +the management of the most ancient festival in Rome—the +Lupercalia (Ovid, <i>Fasti</i>, ii. 375). The chief family names of the +Fabian gens or clan, in republican times, were Vibulanus, Ambustus, +Maximus, Buteo, Pictor, Dorso, Labeo; with surnames +Verrucosus, Rullianus, Gurges, Aemilianus, Allobrogicus (all +of the Maximus branch). The most important members of the +family are the following:—</p> + +<p>1. <span class="sc">Marcus Fabius Ambustus</span>, pontifex maximus in the year +of the capture of Rome by the Gauls (390). His three sons, +Quintus, Numerius and Caeso, although they had been sent as +ambassadors to the Gauls when they were besieging Clusium, +subsequently took part in hostilities (Livy v. 35). The Gauls +thereupon demanded their surrender, on the ground that they +had violated the law of nations; the Romans, by way of reply, +elected them consular tribunes in the following year. The result +was the march of the Gauls upon Rome, the battle of the Allia, +and the capture of the city (Livy vi. 1).</p> + +<p>2. <span class="sc">Q. Fabius Maximus</span>, surnamed <i>Rullianus</i> or <i>Rullus</i>, +master of the horse in the second Samnite War to L. Papirius +Cursor, by whom he was degraded for having fought the Samnites +contrary to orders (Livy viii. 30), in spite of the fact that he +gained a victory. In 315, when dictator, he was defeated by the +Samnites at Lautulae (Livy ix. 23). In 310 he defeated the +Etruscans at the Vadimonian Lake. In 295, consul for the fifth +time, he defeated, at the great battle of Sentinum, the combined +forces of the Etrurians, Umbrians, Samnites and Gauls (see +<span class="sc"><a href="#artlinks">Rome</a></span>: <i>History</i>, II. “The Republic”). As censor (304) he +altered the arrangement of Appius Claudius Caecus, whereby the +freedmen were taken into all the tribes, and limited them to the +four city tribes. For this he is said to have received the title of +<i>Maximus</i>, as the deliverer of the comitia from the rule of the mob +(Livy ix. 46), but there is reason to think that this title was first +conferred on his grandson. It is probable that his achievements +are greatly exaggerated by historians favourable to the Fabian +house.</p> + +<p>3. <span class="sc">Quintus Fabius Maximus</span>, surnamed <i>Verrucosus</i> (from a +wart on his lip), <i>Ovicula</i> (“the lamb,” from his mild disposition), +and <i>Cunctator</i> (“the delayer,” from his cautious tactics in the +war against Hannibal), grandson of the preceding. He served his +first consulship in Liguria (233 <span class="scs">B.C.</span>), was censor (230) and consul +for the second time (228). In 218 he was sent to Carthage to +demand satisfaction for the attack on Saguntum (Livy xxi. 18). +According to the well-known story, he held up a fold of his toga +and offered the Carthaginians the choice between peace and war. +When they declared themselves indifferent, he let fall his toga +with the words, “Then take war.” After the disastrous campaign +on the Trebia, and the defeat on the banks of the Trasimene +Lake, Fabius was named dictator (Livy calls him pro-dictator, +since he was nominated, not by the consul, but by the people) +in 217, and began his tactics of “masterly inactivity.” Manœuvring +among the hills, where Hannibal’s cavalry were useless, he +cut off his supplies, harassed him incessantly, and did everything +except fight. His steady adherence to his plan caused dissatisfaction +at Rome and in his own camp, and aroused the suspicion that +he was merely endeavouring to prolong his command. Minucius +Rufus, his master of the horse, seized the opportunity, during the +absence of Fabius at Rome, to make an attack upon the enemy +which proved successful. The people, more than ever convinced +that a forward movement was necessary, divided the command +between Minucius and Fabius (Livy xxii. 15. 24; Polybius iii. 88). +Minucius was led into an ambuscade by Hannibal, and his army +was only saved by the opportune arrival of Fabius. Minucius +confessed his mistake and henceforth submitted to the orders of +Fabius (Livy xxiii. 32). At the end of the legal time of six months +Fabius resigned the dictatorship and the war was carried on by +the consuls. The result of the abandonment of Fabian tactics +was the disaster of Cannae (216). In 215 and 214 (as consul for +the third and fourth times) he was in charge of the operations +against Hannibal together with Claudius Marcellus (Livy xxiii. +39). He laid siege to Capua, which had gone over to Hannibal +after Cannae, and captured the important position of Casilinum; +in his fifth consulship (209) he retook Tarentum, which had been +occupied by Hannibal for three years (Livy xxvii. 15; Polybius +xiii. 4; Plutarch, <i>Fabius</i>). He died in 203. Fabius was a +strenuous opponent of the new aggressive policy, and did all he +could to prevent the invasion of Africa by Scipio. He was +distinguished for calmness and prudence, while by no means +lacking in courage when it was required. In his later years, +however, he became morose, and showed jealousy of rising young +men, especially Scipio (<i>Life</i> by Plutarch; Livy xx.-xxx.; Polybius +iii. 87-106).</p> + +<p>4. <span class="sc">Q. Fabius Maximus Aemilianus</span>, eldest son of L. Aemilius +Paullus, adopted by Fabius Cunctator. He served in the last +Macedonian War (168), and, as consul, defeated Viriathus in +Spain (Livy, <i>Epit</i>. 52). He was the pupil and patron of Polybius +(Polybius xviii., xxix. 6, xxxii. 8-10; Livy xliv. 35).</p> + +<p>5. <span class="sc">Q. Fabius Maximus Allobrogicus</span>, son of the above, +consul 121 in Gaul. He obtained his surname from his victory +over the Allobroges and Arverni in that year (Vell. Pat. ii. 10; +Eutropius iv. 22). As censor (108) he erected the first triumphal +arch.</p> + +<p>6. <span class="sc">Q. Fabius Vibulanus</span>, with his brothers Caeso and Marcus, +filled the consulship for seven years in succession (485-479 <span class="scs">B.C.</span>). +In the last year there was a reaction against the family, in consequence +of Caeso espousing the cause of the plebeians. Thereupon +the Fabii—to the number, it is said, of 306 patricians, with some +5000 dependents—emigrated from Rome under the leadership of +Caeso, and settled on the banks of the Cremera, a few miles above +Rome. For two years the exiles continued to be the city’s chief +defence against the Veientes, until at last they were surprised and +cut off. The only survivor of the gens was Quintus, the sen of +Marcus, who apparently took no part in the battle. The story +that he had been left behind at Rome on account of his youth cannot +be true, as he was consul ten years afterwards. This Quintus +was consul in 467, 465 and 459, and a member of the second +decemvirate in 450, on the fall of which he went into voluntary +exile (Livy ii. 42, 48-50, iii. 1, 9, 41, 58, vi. 1; Dion. Halic. +viii. 82-86, ix. 14-22: Ovid, <i>Fasti</i>, ii. 195).</p> + +<p><span class="pagenum"><a name="page114" id="page114"></a>114</span></p> + +<div class="condensed"> +<p>The Fabian name is met with as late as the 2nd century <span class="scs">A.D.</span> A +complete list of the Fabii will be found in de Vit’s <i>Onomasticon</i>; +see also W.N. du Rieu, <i>Disputatio de Gente Fabia</i> (1856), containing +an account of 57 members of the family.</p> +</div> + + +<hr class="art" /> +<p><span class="bold">FABIUS PICTOR, QUINTUS,<a name="ar116" id="ar116"></a></span> the father of Roman history, +was born about 254 <span class="scs">B.C.</span> He was the grandson of Gaius Fabius, +who received the surname <i>Pictor</i> for his painting of the temple +of Salus (302). He took an active part in the subjugation of the +Gauls in the north of Italy (225), and after the battle of Cannae +(216) was employed by the Romans to proceed to Delphi in order +to consult the oracle of Apollo. He was the earliest prose writer +of Roman history. His materials consisted of the <i>Annales +Maximi</i>, <i>Commentarii Consulares</i>, and similar records; the +chronicles of the great Roman families; and his own experiences +in the Second Punic War. He is also said to have made much use +of the Greek historian Diodes of Peparethus. His work, which +was written in Greek, began with the arrival of Aeneas in Italy, +and ended with the Hannibalic war. Although Polybius and +Dionysius of Halicarnassus frequently find fault with him, the +first uses him as his chief authority for the Second Punic War. +A Latin version of the work was in existence in the time of Cicero, +but it is doubtful whether it was by Fabius Pictor or by a later +writer with whom he was confused—Q. Fabius Maximus Servilianus +(consul 142); or there may have been two annalists of +the name of Fabius Pictor.</p> + +<div class="condensed"> +<p>Fragments in H. Peter, <i>Historicorum Romanorum Fragmenta</i> +(1883); see also <span class="sc"><a href="#artlinks">Annalists</a></span> and <span class="sc"><a href="#artlinks">Livy</a></span>, and Teuffel-Schwabe, <i>History +of Roman Literature</i>, § 116.</p> +</div> + + +<hr class="art" /> +<p><span class="bold">FABLE<a name="ar117" id="ar117"></a></span> (Fr. <i>fable</i>, Lat. <i>fabula</i>). With certain restrictions, +the necessity of which will be shown in the course of the article, +we may accept the definition of “fable” which Dr Johnson proposes +in his <i>Life of Gay</i>: “A <i>fable</i> or <i>apologue</i> seems to be, in its +genuine state, a narrative in which beings irrational, and sometimes +inanimate (<i>arbores loquuntur, non tantum ferae</i>), are, for the +purpose of moral instruction, feigned to act and speak with human +interests and passions.” The description of La Fontaine, the +greatest of fabulists, is a poetic rendering of Johnson’s definition:</p> + +<table class="reg f90" summary="poem"><tr><td> <div class="poemr"> +<p>“Fables in sooth are not what they appear;</p> +<p class="i05">Our moralists are mice, and such small deer.</p> +<p class="i05">We yawn at sermons, but we gladly turn</p> +<p class="i05">To moral tales, and so amused we learn.”</p> +</div> </td></tr></table> + +<p class="noind">The fable is distinguished from the myth, which grows and is not +made, the spontaneous and unconscious product of primitive +fancy as it plays round some phenomenon of natural or historical +fact. The literary myth, such as, for instance, the legend of +Pandora in Hesiod or the tale of Er in the <i>Republic</i> of Plato, is +really an allegory, and differs from the fable in so far as it is +self-interpreting; the story and the moral are intermingled +throughout. Between the parable and the fable there is no clear +line of demarcation, and theologians like Trench have unwarrantably +narrowed their definition of a parable to fit those of the +New Testament. The soundest distinction is drawn by Neander. +In the fable human passions and actions are attributed to beasts; +in the parable the lower creation is employed only to illustrate +the higher life and never transgresses the laws of its kind. But +whether Jotham’s apologue of the trees choosing a king, perhaps +the first recorded in literature, should be classed as a fable or a +parable is hardly worth disputing. Lastly, we may point out +the close affinity between the fable and the proverb. A proverb +is often a condensed or fossilized fable, and not a few fables are +amplified or elaborated proverbs.</p> + +<p>The history of the fable goes back to the remotest antiquity, +and Aesop has even less claim to be reckoned the father of the +fable than has Homer to be entitled the father of poetry. The +fable has its origin in the universal impulse of men to express their +thoughts in concrete images, and is strictly parallel to the use of +metaphor in language. It is the most widely diffused if not the +most primitive form of literature. Though it has fallen from its +high place it still survives, as in J. Chandler Harris’s <i>Uncle Remus</i> +and Rudyard Kipling’s <i>Jungle Book</i>. The Arab of to-day will +invent a fable at every turn of the conversation as the readiest +form of argument, and in the <i>Life</i> of Coventry Patmore it is +told how an impromptu fable of his about the pious dormouse +found its way into Catholic books of devotion.</p> + +<p>With the fable, as we know it, the moral is indispensable. +As La Fontaine puts it, an apologue is composed of two parts, +body and soul. The body is the story, the soul the morality. +But if we revert to the earliest type we shall find that this is no +longer the case. In the primitive beast-fable, which is the direct +progenitor of the Aesopian fable, the story is told simply for its +own sake, and is as innocent of any moral as the fairy tales of +Little Red Riding-Hood and Jack and the Beanstalk. Thus, +in a legend of the Flathead Indians, the Little Wolf found in +cloud-land his grandsires the Spiders with their grizzled hair and +long crooked nails, and they spun balls of thread to let him down +to earth; when he came down and found his wife the Speckled +Duck, whom the Old Wolf had taken from him, she fled in confusion, +and this is why she lives and dives alone to this very day. +Such animal myths are as common in the New World as in the Old, +and abound from Finland and Kamtchatka to the Hottentots and +Australasians. From the story invented, as the one above +quoted, to account for some peculiarity of the animal world, +or told as a pure exercise of the imagination, just as a sailor spins +a yarn about the sea-serpent, to the moral apologue the transition +is easy; and that it has been effected by savages unaided by +the example of higher races seems sufficiently proved by the tales +quoted by E.B. Tylor (<i>Primitive Culture</i>, vol. i. p. 411). From +the beast-fables of savages we come next to the Oriental apologues, +which we still possess in their original form. The East, the land +of myth and legend, is the natural home of the fable, and Hindustan +was the birthplace, if not of the original of these tales, at +least of the oldest shape in which they still exist. The <i>Pancha +Tantra</i> (2nd century <span class="scs">B.C.</span>), or fables of the Brahma Vishnu +Sarman, have been translated from Sanskrit into almost every +language and adapted by most modern fabulists. The <i>Kalilah</i> +and <i>Dimna</i> (names of two jackals), or fables of Bidpai (or Pilpai), +passed from India to western Europe through the successive +stages of Pahlavi (ancient Persian), Arabic, Greek, Latin. By +the end of the 16th century there were Italian, French and English +versions. There is an excellent Arabic edition (Paris, 1816) with +an introduction by Sylvestre de Sacy. The <i>Hitopadesa</i>, or +“friendly instruction,” is a modernized form of the same work, +and of it there are three translations into English by Dr Charles +Wilkins, Sir William Jones and Professor F. Johnson. The +<i>Hitopadesa</i> is a complete chaplet of fables loosely strung together, +but connected so as to form something of a continuous story, +with moral reflections freely interspersed, purporting to be written +for the instruction of some dissolute young princes. Thus, in the +first fable a flock of pigeons see the grains of rice which a fowler +has scattered, and are about to descend on them, when the king +of the pigeons warns them by telling the fable of a traveller who +being greedy of a bracelet was devoured by a tiger. They neglect +his warning and are caught in the net, but are afterwards delivered +by the king of the mice, who tells the story of the Deer, the Jackal +and the Crow, to show that no real friendship can exist between +the strong and the weak, the beast of prey and his quarry, and so +on to the end of the volume. Another book of Eastern fables is +well worthy of notice, <i>Buddhaghosha’s Parables</i>, a commentary +on the <i>Dhammapada</i> or <i>Buddha’s Paths of Virtue</i>. The original +is in Pali, but an English translation of the Burmese version +was made by Captain T. Rogers, R.E.</p> + +<p>From Hindustan the Sanskrit fables passed to China, Tibet +and Persia; and they must have reached Greece at an early age, +for many of the fables which passed under the name of Aesop +are identical with those of the East. Aesop to us is little more +than a name, though, if we may trust a passing notice in Herodotus +(ii. 134), he must have lived in the 6th century <span class="scs">B.C.</span> Probably +his fables were never written down, though several are ascribed +to him by Xenophon, Aristotle, Plutarch and other Greek writers, +and Plato represents Socrates as beguiling his last days by +versifying such as he remembered. Aristophanes alludes to +them as merry tales, and Plato, while excluding the poets from +his ideal republic, admits Aesop as a moral teacher. Of the +various versions of <i>Aesop’s Fables</i>, by far the most trustworthy +is that of Babrius or Babrias, a Greek probably of the 3rd +century <span class="scs">A.D.</span>, who rendered them in choliambic verse. These, +<span class="pagenum"><a name="page115" id="page115"></a>115</span> +which were long known in fragments only, were recovered in a +MS. found by M. Minas in a monastery on Mount Athos in 1842, +now in the British Museum.<a name="fa1q" id="fa1q" href="#ft1q"><span class="sp">1</span></a> An inferior version of the same in +Latin iambics was made by Phaedrus, a slave of Thracian origin, +brought to Rome in the time of Augustus and manumitted by him. +Phaedrus professes to polish in senarian verse the rough-hewn +blocks from Aesop’s quarry; but the numerous allusions to +contemporary events, as, for example, his hit at Sejanus in the +Frogs and the Sun, which brought upon the author disgrace and +imprisonment, show that many of them are original or free adaptations. +For some time scholars doubted as to the genuineness of +Phaedrus’s fables, but their doubts have been lately dispelled +by a closer examination of the MSS. and by the discovery of two +verses of a fable on a tomb at Apulum in Dacia. Phaedrus’s +style is simple, clear and brief, but dry and unpoetical; and, +as Lessing has pointed out, he often falls into absurdities when +he deserts his original. For instance, in Aesop the dog with the +meat in his mouth sees his reflection in the water as he passes +over a bridge; Phaedrus makes him see it as he swims across the +river.</p> + +<p>To sum up the characteristics of the Aesopian fable, it is +artless, simple and transparent. It affects no graces of style, and +we hardly need the text with which each concludes, <span class="grk" title="ho mythos dêloi hoti, k.t.l.">ὁ μῦθος δηλοῖ ὅτι, κ.τ.λ.</span> +The moral inculcated is that of <i>Proverbial Philosophy</i> +and <i>Poor Richard’s Almanacks</i>. Aesop is no maker of phrases, but +an orator who wishes to gain some point or induce some course of +action. It is the Aesopian type that Aristotle has in view when +he treats of the fable as a branch of rhetoric, not of poetry.</p> + +<p>The Latin race was given to moralizing, and the language lent +itself to crisp and pointed narrative, but they lacked the free +play of fancy, the childlike “make-believe,” to produce a national +body of fables. With the doubtful exception of Phaedrus, we +possess nothing but solitary examples, such as the famous +apologue of Menenius Agrippa to the Plebs and the exquisite +Town Mouse and Country Mouse of Horace’s <i>Satires</i>.</p> + +<p>The fables of the rhetorician Aphthonius about <span class="scs">A.D.</span> 400 in +Greek prose, and those in Latin elegiac verse by Avianus, used +for centuries as a text-book in schools, form in the history of +the apologue a link between classical and medieval times. In a +Latin dress, sometimes in prose, sometimes in regular verse, +and sometimes in rhymed stanzas, the fable contributed, with +other kinds of narratives, to make up the huge mass of stories +which has been bequeathed to us by the monastic libraries. +These served more uses than one. They were at once easier and +safer reading than the classics. To the lazy monk they stood in +place of novels; to the more industrious and gifted they furnished +an exercise on a par with Latin verse composition in our +public schools; the more original transformed them into <i>fabliaux</i>, +or embodied them in edifying stories, as in the <i>Gesta Romanorum</i>. +It is not in the <i>Speculum Doctrinale</i> of Vincent de Beauvais, a +Dominican of the 12th century, nor in the collection of his +contemporary Odo de Cerinton, an English Cistercian, nor in +Planudes of the 14th century, whose one distinction is to have +added to the fables a life of Aesop, that the direct lineage of La +Fontaine must be traced. It is the <i>fabliaux</i> that inspired some +of his best fables—the Lion’s Court, the Young Widow, the Coach +and the Fly.</p> + +<p>As the supremacy of Latin declined and modern languages began +to be turned to literary uses, the fable took a new life. Not only +were there numerous adaptations of Aesop, known as Ysopets, +but Marie de France in the 13th century composed many original +fables, some rivalling La Fontaine’s in simplicity and gracefulness. +Later, also, fables were not wanting, though not numerous, in +the English tongue. Chaucer has given us one, in his Nonne +Preste’s Tale, which is an expansion of the fable <i>Don Coc et don +Werpil</i> of Marie de France; another is Lydgate’s tale of The +Churl and the Bird.</p> + +<p>Several of Odo’s tales, like Chaucer’s story, can be ultimately +traced to the History of Reynard the Fox. This great beast-epic +has been referred by Grimm as far back as the 10th century, and +is known to us in three forms, each with independent episodes, +but all woven upon a common basis. The Latin form is probably +the earliest, and the poems <i>Reinardus</i> and <i>Ysengrinus</i> date from +the 10th or 11th century. Next come the German versions. +The most ancient, that of a minnesinger Heinrich der Glichesaere +(probably a Swabian), was analysed and edited by Grimm in 1840. +The French poem of more than 30,000 lines, the <i>Roman du +Rénard</i>, belongs probably to the 13th century. In 1498 appeared +<i>Reynke de Voss</i>, almost a literal version in Low Saxon of the +Flemish poem of the 12th century, <i>Reinaert de Vos</i>. Hence +the well-known version of Goethe into modern German hexameters +was taken. The poem has been well named “an unholy +world Bible.” In it the Aesopian fable received a development +which was in several respects quite original. We have here no +short and unconnected stories. Materials, partly borrowed from +older apologues, but in a much greater proportion new, are +worked up into one long and systematic tale. The moral, so +prominent in the fable proper, shrinks so far into the background, +that the epic might be considered a work of pure fiction, an animal +romance. The attempts to discover in it personal satire have +signally failed; some critics deny even the design to represent +human conduct at all; and we can scarcely get nearer to its +signification than by regarding it as being, in a general way, what +Carlyle has called “a parody of human life.” It represents a +contest maintained successfully, by selfish craft and audacity, +against enemies of all sorts, in a half-barbarous and ill-organized +society. With his weakest foes, like Chaunteclere the Cock, +Reynard uses brute-force; over the weak who are protected, like +Kiward the Hare and Belin the Ram, he is victorious by uniting +violence with cunning; Bruin, the dull, strong, formidable Bear, +is humbled by having greater power than his own enlisted against +him; and the most dangerous of all the fox’s enemies, Isengrim, +the obstinate, greedy and implacable Wolf, after being baffled +by repeated strokes of malicious ingenuity, forces Reynard to a +single combat, but even thus is not a match for his dexterous +adversary. The knavish fox has allies worthy of him in Grimbart +the watchful badger, and in his own aunt Dame Rukenawe, the +learned She-ape; and he plays at his pleasure on the simple +credulity of the Lion-King, the image of an impotent feudal +sovereign. The characters of these and other brutes are kept +up with a rude kind of consistency, which gives them great +liveliness; many of the incidents are devised with much force +of humour; and the sly hits at the weak points of medieval +polity and manners and religion are incessant and palpable.</p> + +<p>It is needless to trace the fable, or illustrations borrowed from +fables, that so frequently occur as incidental ornaments in the +older literature of England and other countries. It has appeared +in every modern nation of Europe, but has nowhere become very +important, and has hardly ever exhibited much originality either +of spirit or of manner. In English, Prior transplanted from France +some of La Fontaine’s ease of narration and artful artlessness, +while Gay took as his model the <i>Contes</i> rather than the <i>Fables</i>. +Gay’s fables are often political satires, but some, like the Fox on +his Deathbed, have the true ring, and in the Hare with many +Friends there is genuine pathos. To Dryden’s spirited remodellings +of old poems, romances and <i>fabliaux</i>, the name of fables, +which he was pleased to give them, is quite inapplicable. In +German, Hagedorn and Gellert, both famous in their day and +the latter extolled by Goethe, are quite forgotten; and even +Lessing’s fables are read by few but schoolboys. In Spanish, +Yriarte’s fables on literary subjects are sprightly and graceful, +but the critic is more than the fabulist. A spirited version of the +best appeared in <i>Blackwood’s Magazine</i>, 1839. Among Italians +Pignotti is famous for versatility and command of rhythm, as +amongst Russians is Kriloff for his keen satire on Russian society. +He has been translated into English by Ralston.</p> + +<p>France alone in modern times has attained any pre-eminence in +the fable, and this distinction is almost entirely owing to one +author. Marie de France in the 13th century, Gilles Corrozet, +Guillaume Haudent and Guillaume Gueroult in the 16th, are now +<span class="pagenum"><a name="page116" id="page116"></a>116</span> +studied mainly as the precursors of La Fontaine, from whom +he may have borrowed a stray hint or the outline of a story. +The unique character of his work has given a new word to the +French language: other writers of fables are called <i>fabulistes</i>, +La Fontaine is named <i>le fablier</i>. He is a true poet; his verse +is exquisitely modulated; his love of nature often reminds us of +Virgil, as do his tenderness and pathos (see, for instance, The +Two Pigeons and Death and the Woodcutter). He is full of sly +fun and delicate humour; like Horace he satirizes without +wounding, and “plays around the heart.” Lastly, he is a keen +observer of men. The whole society of the 17th century, its +greatness and its foibles, its luxury and its squalor, from <i>Le +grand monarque</i> to the poor <i>manant</i>, from his majesty the lion +to the courtier of an ape, is painted to the life. To borrow his +own phrase, La Fontaine’s fables are “une ample comédie +à cent actes divers.” Rousseau did his best to discredit the +<i>Fables</i> as immoral and corruptors of youth, but in spite of <i>Émile</i> +they are studied in every French school and are more familiar +to most Frenchmen than their breviary. Among the successors +of La Fontaine the most distinguished is Florian. He justly +estimates his own merits in the pretty apologue that he prefixed +to his <i>Fables</i>. He asks a sage whether a fabulist writing after +La Fontaine would not be wise to consign his work to the flames. +The sage replies by a question: “What would you say did some +sweet, ingenuous Maid of Athens refuse to let herself be seen +because there was once a Helen of Troy?”</p> + +<p>The fables of Lessing represent the reaction against the French +school of fabulists. “With La Fontaine himself,” says Lessing, +“I have no quarrel, but against the imitators of La Fontaine I +enter my protest.” His attention was first called to the fable +by Gellert’s popular work published in 1746. Gellert’s fables were +closely modelled after La Fontaine’s, and were a vehicle for lively +railings against the fair sex, and hits at contemporary follies. +Lessing’s early essays were in the same style, but his subsequent +study of the history and theory of the fable led him to discard his +former model as a perversion of later times, and the “Fabeln,” +published in 1759, are the outcome of his riper views. Lessing’s +fables, like all that he wrote, display his vigorous common sense. +He has, it is true, little of La Fontaine’s <i>curiosa felicitas</i>, his sly +humour and lightness of touch; and Frenchmen would say that +his criticism of La Fontaine is an illustration of the fable of the +sour grapes. On the other hand, he has the rare power of looking +at both sides of a moral problem; he holds a brief for the stupid +and the feeble, the ass and the lamb; and in spite of his formal +protest against poetical ornament, there is in not a few of his +fables a vein of true poetry, as in the Sheep (ii. 13) and Jupiter +and the Sheep (ii. 18). But the monograph which introduced the +<i>Fabeln</i> is of more inportance than the fables themselves. +According to Lessing the ideal fable is that of Aesop. All the +elaborations and refinements of later authors, from Phaedrus +to La Fontaine, are perversions of this original. The fable is +essentially a moral precept illustrated by a single example, +and it is the lesson thus enforced which gives to the fable its +unity and makes it a work of art. The illustration must be either +an actual occurrence or represented as such, because a fictitious +case invented <i>ad hoc</i> can appeal but feebly to the reader’s +judgment. Lastly, the fable requires a story or connected chain +of events. A single fact will not make a fable, but is only an +emblem. We thus arrive at the following definition:—“A fable +is a relation of a series of changes which together form a whole. +The unity of the fable consists herein, that all the parts lead up to +an end, the end for which the fable was invented being the moral +precept.”</p> + +<p>We may notice in passing a problem in connexion with the +fable which had long been debated, but never satisfactorily +resolved till Lessing took it in hand—Why should animals +have been almost universally chosen as the chief <i>dramatis +personae</i>? The reason, according to Lessing, is that animals +have distinct characters which are known and recognized by all. +The fabulist who writes of Britannicus and Nero appeals to the +few who know Roman history. The Wolf and the Lamb comes +home to every one whether learned or simple. But, besides this, +human sympathies obscure the moral judgment; hence it follows +that the fable, unlike the drama and the epos, should abstain +from all that is likely to arouse our prejudices or our passions. +In this respect the Wolf and the Lamb of Aesop is a more perfect +fable than the Rich Man and the Poor Man’s Ewe Lamb of Nathan.</p> + +<p>Lessing’s analysis and definition of the fable, though he seems +himself unconscious of the scope of his argument, is in truth its +death-warrant. The beast-fable arose in a primitive age when +men firmly believed that beasts could talk and reason, that any +wolf they met might be a were-wolf, that a peacock might be a +Pythagoras in disguise, and an ox or even a cat a being worthy of +their worship. To this succeeded the second age of the fable, +which belongs to the same stage of culture as the Hebrew proverbs +and the gnomic poets of Greece. That honesty is the best policy, +that death is common to all, seemed to the men of that day +profound truths worthy to be embalmed in verse or set off by the +aid of story or anecdote. Last comes an age of high literary +culture which tolerates the trite morals and hackneyed tales for +the sake of the exquisite setting, and is amused at the wit which +introduces topics and characters of the day under the transparent +veil of animal life. Such an artificial product can be nothing more +than the fashion of a day, and must, like pastoral poetry, die a +natural death. A serious moralist would hardly choose that form +to inculcate, like Mandeville in his <i>Fable of the Bees</i>, a new +doctrine in morals, for the moral of the fable must be such that +he who runs may read. A true poet will not care to masquerade +as a moral teacher, or show his wit by refurbishing some old-world +maxim. Yet Taine in France, Lowell in America, and J.A. +Froude in England have proved that the fable as one form of +literature is not yet extinct, and is capable of new and unexpected +developments.</p> + +<div class="condensed"> +<p><span class="sc">Bibliography.</span>—<i>Pantschatantrum</i>, ed. Kosegarten (Bonn, 1848); +<i>Hitopadesa</i>, ed. Max Müller (1864); Silvestre de Sacy, <i>Calilah et +Dimna, ou Fables de Bidpai, en Arabe, précédées d’un mémoire sur +l’origine de ce livre</i> (Paris, 1816), translated by the Rev. Wyndham +Knatchbull (Oxford, 1819); Comparetti, <i>Ricerche intorno al Libro +di Sindebād</i> (Milan, 1869); Max Müller, “Migration of Fables,” +<i>Chips from a German Workshop</i>, vol. iv. (1875); Keller, <i>Untersuchungen +über die Geschichte der griechischen Fabel</i> (Leipzig, 1862); +<i>Babrius</i>, ed. W.G. Rutherford, with excursus on Greek fables +(1883); L. Hervieux, <i>Les Fabuiistes latins</i> (1884); Jakob Grimm, +<i>Reinhart Fuchs</i> (Berlin, 1834); A.C.M. Robert, <i>Fables inédites des +XII<span class="sp">e</span>, XIII<span class="sp">e</span>, et XIV<span class="sp">e</span> siècles</i>, &c. (Paris, 1825); Taine, <i>Essai +sur les fables de La Fontaine</i> (1853); Saint-Marc Girardin, <i>La +Fontaine et les fabulistes</i> (Paris, 1867).</p> +</div> +<div class="author">(F. S.)</div> + +<hr class="foot" /> <div class="note"> + +<p><a name="ft1q" id="ft1q" href="#fa1q"><span class="fn">1</span></a> M. Minas professed to have discovered under the same circumstances +another collection of ninety-four fables by Babrius. This +second part was accepted by Sir G.C. Lewis, but J. Conington +conclusively proved it spurious, and probably a forgery. See +<span class="sc"><a href="#artlinks">Babrius</a></span>.</p> +</div> + + +<hr class="art" /> +<p><span class="bold">FABLIAU.<a name="ar118" id="ar118"></a></span> The entertaining tales in eight-syllable rhymed +verse which form a marked section of French medieval literature +are called <i>fabliaux</i>, the word being derived by Littré from +<i>fablel</i>, a diminutive of <i>fable</i>. It is a mistake to suppose, as is +frequently done, that every legend of the middle ages is a fabliau. +In a poem of the 12th century a clear distinction is drawn +between songs of chivalry, war or love, and <i>fabliaux</i>, which are +recitals of laughter. A fabliau always related an event; it was +usually brief, containing not more than 400 lines; it was neither +sentimental, religious nor supernatural, but comic and gay. +MM. de Montaiglon and Raynaud, who have closely investigated +this class of literature, consider that about 150 fabliaux have +come down to us more or less intact; a vast number have +doubtless disappeared. It appears from a phrase in the writings +of the trouvère, Henri d’Andeli, that the fabliau was not thought +worthy of being copied out on parchment. The wonder, then, +is that so many of these ephemeral compositions have been +preserved. Arguments brought forward by M. Joseph Bédier, +however, tend to show that we need not regret the disappearance +of the majority of the fabliaux, as those which were copied into +MSS. were those which were felt to be of the greatest intrinsic +value. As early as the 8th century fabliaux must have existed, +since the faithful are forbidden to take pleasure in these <i>fabulas +inanes</i> by the <i>Paenitentiale</i> of Egbert. But it appears that all the +early examples are lost.</p> + +<p>In the opinion of the best scholars, the earliest surviving +fabliau is that of <i>Richeut</i>, which dates from 1159. This is a +rough and powerful study of the coarse life of the day, with +little plot, but engaged with a realistic picture of manners. +<span class="pagenum"><a name="page117" id="page117"></a>117</span> +Such poems, but of a more strictly narrative nature, continued +to be produced, mainly in the north and north-east of France, +until the middle of the 14th century. Much speculation has been +expended on the probable sources of the tales which the trouvères +told. The Aryan theory, which saw in them the direct influence +of India upon Europe, has now been generally abandoned. It +does not seem probable that any ancient or exotic influences were +brought to bear upon the French jongleurs, who simply invented +or adapted stories of that universal kind which springs unsown +from every untilled field of human society. More remarkable +than the narratives themselves is the spirit in which they are +told. This is full of the national humour and the national irony, +the true <i>esprit gaulois</i>. A very large section of these popular +poems deals satirically with the pretensions of the clergy. Such +are the famous <i>Prêtre aux mûres</i>, the <i>Prêtre qui dit la Passion</i> +and <i>Les Perdrix</i>. Some of these are innocently merry; others are +singularly depraved and obscene. Another class of fabliaux is +that which comprises jests against the professions; in this, +the most prominent example is <i>Le Vilain Mire</i>, a satire on +doctors, which curiously predicts the <i>Médecin malgré lui</i> of +Molière. There are also tales whose purpose is rather voluptuous +than witty, and whose aim is to excuse libertinage and render +marriage ridiculous. Among these are prominent <i>Court Mantel</i> +and <i>Le Dit de Berenger</i>. Yet another class repeated, with a +strain of irony or oddity, such familiar classical stories as those +of Narcissus, and Pyramus and Thisbe. It is rarely that any +elevation of tone raises these poems above a familiar and even +playful level, but there are some that are almost idealistic. +Among these the story of a sort of Sisyphus errant, <i>Le Chevalier +de Barizel</i>, offers an ethical interest which lifts it in certain +respects above all other surviving fabliaux. An instance of the +pathetic fabliau is <i>Housse Partie</i>, a kind of primitive version of +the story of King Lear.</p> + +<p>In composing these pieces, of very varied character, the +jongleurs have practised an art which was in many respects +rudimentary, but sincere and simple. The student of language +finds the rich vocabulary of the fabliaux much more attractive +to him than the conventionality of the serious religious and +amatory poems of the same age. The object of the writers was +the immediate amusement of their audience; by reference to +familiar things, they hoped to arouse a quick and genuine +merriment. Hence their incorrectness and their negligence +are balanced by a delightful ease and absence of pedantry, and +in the fabliaux we get closer than elsewhere to the living diction +of medieval France. It is true that if we extend too severe a +judgment to these pieces, we may find ourselves obliged to +condemn them altogether. An instructed French critic, vexed +with their faults, has gone so far as to say that “the subjects +of these tales are degrading, their inspiration nothing better +than flat and cruel derision, their distinguishing features rascality, +vulgarity and platitude of style.” From one point of view, this +condemnation of the fabliau is hardly too severe. But such +scholars as Gaston Paris and Paul Meyer have not failed to +emphasize other sides to the question. They have praised, in +the general laxity of style and garrulity of the middle ages, +the terseness of the jongleurs; in the period of false ornament, +their fidelity to nature; in a time of general vagueness, the +sharp and picturesque outlines of their art. One feature of the +fabliaux, however, cannot be praised and yet must not be overlooked. +In no other section of the world’s literature is the scorn +and hatred of women so prominent. It is difficult to account +for the anti-feminine rage which pervades the fabliaux, and takes +hideous shapes in such examples as <i>Le Valet aux deux femmes</i>, +<i>Le Pêcheur de Pont-sur-Seine</i> and <i>Chicheface et Bigorne</i>. Probably +this was a violent reaction against the extravagant cult of +woman as expressed in the contemporary <i>lais</i> as well as in the +legends of saints. The exaggeration was not greater in the one +case than in the other, and it is probable that the exaltation was +made endurable to those who listened to the trouvères by the +corresponding degradation. We must remember, too, that +those who listened were not nobles or clerks, they were the +common people. The fabliaux were <i>fabellae ignobilium</i>, little +stories told to amuse persons of low degree, who were irritated +by the moral pretensions of their superiors.</p> + +<p>The names of about twenty of the authors of fabliaux have +been preserved, although in most cases nothing is known of their +personal history. The most famous poet of this class of writing +is the man whose name, or more probably pseudonym, was +Rutebeuf. He wrote <i>Frère Denyse</i> and <i>Le Sacristain</i>, while to +him is attributed the <i>Dit d’Aristote</i>, in the course of which Aristotle +gives good advice to Alexander. Fabliaux, however, form but a +small part of the work of Rutebeuf, who was a satirical poet of +wide accomplishment and varied energy. Most of the jongleurs +who wrote these merry and indecent tales in octosyllabic verse +were persons of less distinction. Henri d’Andeli was an ecclesiastic, +attached, it is supposed, to the cathedral of Rouen. Jean +de Condé, who flourished in the court of Hainaut from 1310 to +1340, and who is the latest of the genuine writers of fabliaux, +lived in comfort and security, but most of the professional +jongleurs seem to have spent their years in a Bohemian existence, +wandering among the clergy and the merchant class, alternately +begging for money and food and reciting their mocking verses.</p> + +<div class="condensed"> +<p>The principal authorities for the fabliaux are MM. Anatole de +Montaiglon and Gaston Raynaud, who published the text, in 6 vols., +between 1872 and 1890. This edition corrected and supplemented +the very valuable labours of Méon (1808-1823) and Jubinal (1839-1842). +The works of Henri d’Andeli were edited by M.A. Héron +in 1880, and those of Rutebeuf were made the subject of an exhaustive +monograph by M. Léon Clédat in 1891. See also the +editions of separate fabliaux by Gaston Paris, Paul Meyer, Ebeling, +August Schéler and other modern scholars. M. Joseph Bedier’s <i>Les +Fabliaux</i> (1895) is a useful summary of critical opinion on the +entire subject.</p> +</div> +<div class="author">(E. G.)</div> + + +<hr class="art" /> +<p><span class="bold">FABRE, FERDINAND<a name="ar119" id="ar119"></a></span> (1830-1898), French novelist, was born +at Bédarieux, in Hérault, a very picturesque district of the +south of France, which he made completely his own in literature. +He was the son of a local architect, who failed in business, and +Ferdinand was brought up by his uncle, the Abbé Fulcran Fabre, +at Camplong among the mulberry woods. Of his childhood and +early youth he has given a charming account in <i>Ma Vocation</i> +(1889). He was destined to the priesthood, and was sent for +that purpose to the seminary of St Pons de Thomières, where, in +1848, he had, as he believed, an ecstatic vision of Christ, who +warned him “It is not the will of God that thou shouldst be a +priest.” He had now to look about for a profession, and, after +attempting medicine at Montpellier, was articled as a lawyer’s +clerk in Paris. In 1853 he published a volume of verses, <i>Feuilles +de lierre</i>, broke down in health, and crept back, humble and +apparently without ambition, to his old home at Bédarieux. +After some eight or nine years of country life he reappeared in +Paris, with the MS. of his earliest novel, <i>Les Courbezon</i> (1862), +in which he treated the subject which was to recur in almost all +his books, the daily business of country priests in the Cevennes. +This story enjoyed an immediate success with the literary class +of readers; George Sand praised it, Sainte-Beuve hailed in its +author “the strongest of the disciples of Balzac,” and it was +crowned by the French Academy. From this time forth Fabre +settled down to the production of novels, of which at the time of +his death he had published about twenty. Among these the +most important were <i>Le Chevrier</i> (1868), unique among his +works as written in an experimental mixture of Cevenol patois +and French of the 16th century; <i>L’Abbé Tigrane, candidat à la +papauté</i> (1873), by common consent the best of all Fabre’s +novels, a very powerful picture of unscrupulous priestly ambition; +<i>Mon Oncle Célestin</i> (1881), a study of the entirely single and +tender-hearted country abbé; and <i>Lucifer</i> (1884), a marvellous +gallery of serious clerical portraits. In 1883 Fabre was appointed +curator of the Mazarin Library, with rooms in the Institute, +where, on 11th February 1898, he died after a brief attack of +pneumonia. Ferdinand Fabre occupies in French literature a +position somewhat analogous to that of Mr Thomas Hardy +amongst English writers of fiction. He deals almost exclusively +with the population of the mountain villages of Hérault, and +particularly with its priests. He loved most of all to treat of +the celibate virtues, the strictly ecclesiastical passions, the +enduring tension of the young soul drawn between the spiritual +<span class="pagenum"><a name="page118" id="page118"></a>118</span> +vocation and the physical demands of nature. Although never +a priest, he preserved a comprehension of and a sympathy with +the clerical character, and he always indignantly denied that he +was hostile to the Church, although he stood just outside her +borders. Fabre possessed a limited and a monotonous talent, +but within his own field he was as original as he was wholesome +and charming.</p> + +<div class="condensed"> +<p>See also J. Lemaître, <i>Les Contemporains</i>, vol. ii.; G. Pellissier, +<i>Études de littérature contemporaine</i> (1898); E.W. Gosse, <i>French +Profiles</i> (1905).</p> +</div> +<div class="author">(E. G.)</div> + + +<hr class="art" /> +<p><span class="bold">FABRE D’ÉGLANTINE, PHILIPPE FRANÇOIS NAZAIRE<a name="ar120" id="ar120"></a></span> +(1750-1794), French dramatist and revolutionist, was born at +Carcassonne on the 28th of July 1750. His real name was +simple Fabre, the “d’Églantine” being added in commemoration +of his receiving the golden eglantine of Clémence Isaure from +the academy of the floral games at Toulouse. After travelling +through the provinces as an actor, he came to Paris, and produced +an unsuccessful comedy entitled <i>Les Gens de lettres, ou le provincial +à Paris</i> (1787). A tragedy, <i>Augusta</i>, produced at the +<i>Théâtre Français</i>, was also a failure. One only of his plays, +<i>Philinte, ou la suite du Misanthrope</i> (1790), still preserves its +reputation. It professes to be a continuation of Molière’s +<i>Misanthrope</i>, but the hero of the piece is of a different character +from the nominal prototype—an impersonation, indeed, of +pure and simple egotism. On its publication the play was +introduced by a preface, in which the author mercilessly satirizes +the <i>Optimiste</i> of his rival J.F. Collin d’Harleville, whose <i>Châteaux +en Espagne</i> had gained the applause which Fabre’s <i>Présomptueux</i> +(1789) had failed to win. The character of Philinte had much +political significance. Alceste received the highest praise, and +evidently represents the citizen patriot, while Philinte is a +dangerous aristocrat in disguise. Fabre was president and +secretary of the club of the Cordeliers, and belonged also to the +Jacobin club. He was chosen by Danton as his private secretary, +and sat in the National Convention. He voted for the king’s +death, supporting the <i>maximum</i> and the law of the suspected, +and he was a bitter enemy of the Girondins. After the death of +Marat he published a <i>Portrait de l’Ami du Peuple</i>. On the +abolition of the Gregorian calendar he sat on the committee +entrusted with the formation of the republican substitute, +and to him was due a large part of the new nomenclature, with +its poetic <i>Prairial and Floréal</i>, its prosaic <i>Primidi</i> and <i>Duodi</i>. +The report which he made on the subject, on the 24th of October, +has some scientific value. On the 12th of January 1794 he was +arrested by order of the committee of public safety on a charge +of malversation and forgery in connexion with the affairs of the +Compagnie des Indes. Documents still existing prove that the +charge was altogether groundless. During his trial Fabre showed +the greatest calmness and sang his own well-known song of +<i>Il pleut, il pleut, bergère, rentre tes blancs moutons</i>. He was +guillotined on the 5th of April 1794. On his way to the scaffold +he distributed his manuscript poems to the people.</p> + +<p>A posthumous play, <i>Les Précepteurs</i>, steeped with the doctrines +of Rousseau’s <i>Émile</i>, was performed on the 17th of September +1794, and met with an enthusiastic reception. Among Fabre’s +other plays are the gay and successful <i>Convalescent de qualité</i> +(1791), and <i>L’Intrigue épistolaire</i> (1791). In the latter play +Fabre is supposed to have drawn a portrait of the painter Jean +Baptiste Greuze.</p> + +<div class="condensed"> +<p>The author’s <i>Œuvres mêlées et posthumes</i> were published at Paris +1802, 2 vols. See Albert Maurin, <i>Galerie hist. de la Révolution +française</i>, tome 11; Jules Janin, <i>Hist. de la litt. dram.</i>; Chénier, +<i>Tableau de la litt. française</i>; F.A. Aulard in the <i>Nouvelle Revue</i> +(July 1885).</p> +</div> + + +<hr class="art" /> +<p><span class="bold">FABRETTI, RAPHAEL<a name="ar121" id="ar121"></a></span> (1618-1700), Italian antiquary, was +born in 1618 at Urbino in Umbria. He studied law at Cagli and +Urbino, where he took the degree of doctor at the age of eighteen. +While in Rome he attracted the notice of Cardinal Lorenzo +Imperiali, who employed him successively as treasurer and +auditor of the papal legation in Spain, where he remained +thirteen years. Meanwhile, his favourite classical and antiquarian +studies were not neglected; and on his return journey +he made important observations of the relics and monuments of +Spain, France and Italy. At Rome he was appointed judge of +appellation of the Capitol, which post he left to be auditor of the +legation at Urbino. After three years he returned to Rome, on +the invitation of Cardinal Carpegna, vicar of Innocent XI., +and devoted himself to antiquarian research, examining with +minute care the monuments and inscriptions of the Campagna. +He always rode a horse which his friends nicknamed “Marco +Polo,” after the Venetian traveller. By Innocent XII. he was +made keeper of the archives of the castle St Angelo, a charge +which he retained till his death. He died at Rome on the 7th of +January 1700. His collection of inscriptions and monuments +was purchased by Cardinal Stoppani, and placed in the ducal +palace at Urbino, where they may still be seen.</p> + +<p>His work <i>De Aquis et Aquae-ductibus veteris Romae</i> (1680), +three dissertations on the topography of ancient Latium, is +inserted in Graevius’s <i>Thesaurus</i>, iv. (1677). His interpretation +of certain passages in Livy and other classical authors involved +him in a dispute with Gronovius, which bore a strong resemblance +to that between Milton and Salmasius, Gronovius addressing +Fabretti as <i>Faber Rusticus</i>, and the latter, in reply, speaking of +<i>Grunnovius</i> and his <i>titivilitia</i>. In this controversy Fabretti +used the pseudonym Iasitheus, which he afterwards took as his +pastoral name in the Academy of the Arcadians. His other +works, <i>De Columna Trajani Syntagma</i> (Rome, 1683), and +<i>Inscriptionum Antiquarum Explicatio</i> (Rome, 1699), throw much +light on Roman antiquity. In the former is to be found his +explication of a bas-relief, with inscriptions, now in the Capitol +at Rome, representing the war and taking of Troy, known as the +Iliac table. Letters and other shorter works of Fabretti are to +be found in publications of the time, as the <i>Journal des Savants</i>.</p> + +<div class="condensed"> +<p>See Crescimbeni, <i>Le Vite degli Arcadi illustri</i>; Fabroni, <i>Vitae +Italorum</i>, vi. 174; Niceron, iv. 372; J. Lamius, <i>Memorabilia +Italorum eruditione praestantium</i> (Florence, 1742-1748).</p> +</div> + + +<hr class="art" /> +<p><span class="bold">FABRIANI, SEVERINO<a name="ar122" id="ar122"></a></span> (1792-1849), Italian author and +teacher, was born at Spilamberto, Italy, on the 7th of January +1792. Entering the Church, he took up educational work, but +in consequence of complete loss of voice he resolved to devote +himself to teaching deaf mutes, and founded a small school +specially for them. This school the duke of Modena made into +an institute, and by a special authority from the pope a teaching +staff of nuns was appointed. Fabriani’s method of instruction +is summed up in his <i>Logical Letters on Italian Grammar</i> (1847). +He died on the 27th of April 1849.</p> + + +<hr class="art" /> +<p><span class="bold">FABRIANO,<a name="ar123" id="ar123"></a></span> a town of the Marches, Italy, in the province +of Ancona, from which it is 44 m. S.W. by rail, 1066 ft. above +sea-level. Pop. (1901) town 9586, commune 22,996. It has +been noted since the 13th century for its paper mills, which still +produce the best paper in Italy. A school of painting arose here, +one of the early masters of which is Allegretto Nuzi (1308-1385); +and several of the churches contain works by him and other local +masters. His pupil, Gentile da Fabriano (1370-1428), was a +painter of considerably greater skill and wider knowledge; but +there are no important works of his at Fabriano. The sacristy +of S. Agostino also contains some good frescoes by Ottaviano +Nelli of Gubbio. The municipal picture gallery contains a +collection of pictures, and among them are some primitive +frescoes, attributable to the 12th century, which still retain +traces of Byzantine influence. The Archivio Comunale contains +documents on watermarked paper of local manufacture going +back to the 13th century. The Ponte dell’ Acra, a bridge of the +15th century, is noticeable for the ingenuity and strength of its +construction. The hospital of S. Maria Buon Gesu is a fine work +of 1456, attributed to Rossellino.</p> + +<div class="condensed"> +<p>See A. Zonghi, <i>Antiche Carte Fabrianesi</i>.</p> +</div> +<div class="author">(T. As.)</div> + + +<hr class="art" /> +<p><span class="bold">FABRICIUS, GAIUS LUSCINUS<a name="ar124" id="ar124"></a></span> (<i>i.e.</i> “the one-eyed”), Roman +general, was the first member of the Fabrician gens who settled in +Rome. He migrated to Rome from Aletrium (Livy ix. 43), +one of the Hernican towns which was allowed to retain its +independence as a reward for not having revolted. In 285 he +was one of the ambassadors sent to the Tarentines to dissuade +them from making war on the Romans. In 282 (when consul) +he defeated the Bruttians and Lucanians, who had besieged +<span class="pagenum"><a name="page119" id="page119"></a>119</span> +Thurii (Livy, <i>Epit.</i> 12). After the defeat of the Romans by +Pyrrhus at Heraclea (280), Fabricius was sent to treat for the +ransom and exchange of the prisoners. All attempts to bribe +him were unsuccessful, and Pyrrhus is said to have been so +impressed that he released the prisoners without ransom +(Plutarch, <i>Pyrrhus</i>, 18). The story that Pyrrhus attempted to +frighten Fabricius by the sight of an elephant is probably a +fiction. In 278 Fabricius was elected consul for the second time, +and was successful in negotiating terms of peace with Pyrrhus, +who sailed away to Sicily. Fabricius afterwards gained a series +of victories over the Samnites, the Lucanians and the Bruttians, +and on his return to Rome received the honour of a triumph. +Notwithstanding the offices he had filled he died poor, and provision +had to be made for his daughter out of the funds of the +state (Val. Max. iv. 4, 10). Fabricius was regarded by the +Romans of later times as a model of ancient simplicity and +incorruptible integrity.</p> + + +<hr class="art" /> +<p><span class="bold">FABRICIUS, GEORG<a name="ar125" id="ar125"></a></span> (1516-1571), German poet, historian +and archaeologist, was born at Chemnitz in upper Saxony on +the 23rd of April 1516, and educated at Leipzig. Travelling in +Italy with one of his pupils, he made an exhaustive study of the +antiquities of Rome. He published the results in his <i>Roma</i> (1550), +in which the correspondence between every discoverable relic +of the old city and the references to them in ancient literature +was traced in detail. In 1546 he was appointed rector of the +college of Meissen, where he died on the 17th of July 1571. In +his sacred poems he affected to avoid every word with the slightest +savour of paganism; and he blamed the poets for their allusions +to pagan divinities.</p> + +<div class="condensed"> +<p>Principal works: editions of Terence (1548) and Virgil (1551); +<i>Poëmatum sacrorum libri xxv.</i> (1560); <i>Poëtarum veterum ecclesiasticorum +opera Christiana</i> (1562); <i>De Re Poëtica libri septem</i> (1565); +<i>Rerum Misnicarum libri septem</i> (1569); (posthumous) <i>Originum +illustrissimae stirpis Saxonicae libri septem</i> (1597); <i>Rerum Germaniae +magnae et Saxoniae universae memorabilium mirabiliumque volumina +duo</i> (1609). A life of Georg Fabricius was published in 1839 by +D.C.W. Baumgarten-Crusius, who in 1845 also issued an edition of +Fabricius’s <i>Epistolae ad W. Meurerum et alios aequales</i>, with a short +sketch <i>De Vita Ge. Fabricii et de gente Fabriciorum</i>; see also F. +Wachter in Ersch and Gruber’s <i>Allgemeine Encyclopädie</i>.</p> +</div> + + +<hr class="art" /> +<p><span class="bold">FABRICIUS, HIERONYMUS<a name="ar126" id="ar126"></a></span> [<span class="sc">Fabrizio, Geronimo</span>] (1537-1619), +Italian anatomist and embryologist, was surnamed +Acquapendente from the episcopal city of that name, where he +was born in 1537. At Padua, after a course of philosophy, he +studied medicine under G. Fallopius, whose successor as teacher +of anatomy and surgery he became in 1562. From the senators +of Venice he received numerous honours, and an anatomical +theatre was built by them for his accommodation. He died at +Venice on the 21st of May 1619. His works include <i>De visione, +voce et auditu</i> (1600), <i>De formato foetu</i> (1600), <i>De venarum +ostiolis</i> (1603), <i>De formatione ovi et pulli</i> (1621). His collected +works were published at Leipzig in 1687 as <i>Opera omnia Anatomica +et Physiologica</i>, but the Leiden edition, published by +Albinus in 1738, is preferred as containing a life of the author +and the prefaces of his treatises. (See <span class="sc"><a href="#artlinks">Anatomy</a></span>; <span class="sc"><a href="#artlinks">Embryology</a></span>.)</p> + + +<hr class="art" /> +<p><span class="bold">FABRICIUS, JOHANN ALBERT<a name="ar127" id="ar127"></a></span> (1668-1736), German classical +scholar and bibliographer, was born at Leipzig on the 11th of +November 1668. His father, Werner Fabricius, director of music +in the church of St Paul at Leipzig, was the author of several +works, the most important being <i>Deliciae Harmonicae</i> (1656). +The son received his early education from his father, who on his +death-bed recommended him to the care of the theologian +Valentin Alberti. He studied under J.G. Herrichen, and afterwards +at Quedlinburg under Samuel Schmid. It was in Schmid’s +library, as he afterwards said, that he found the two books, +F. Barth’s <i>Adversaria</i> and D.G. Morhof’s <i>Polyhistor Literarius</i>, +which suggested to him the idea of his <i>Bibliothecae</i>, the works on +which his great reputation was founded. Having returned to +Leipzig in 1686, he published anonymously (two years later) +his first work, <i>Scriptorum recentiorum decas</i>, an attack on ten +writers of the day. His <i>Decas Decadum, sive plagiariorum et +pseudonymorum centuria</i> (1689) is the only one ot his works to +which be signs the name Faber. He then applied himself to the +study of medicine, which, however, he relinquished for that +of theology; and having gone to Hamburg in 1693, he proposed +to travel abroad, when the unexpected tidings that the expense +of his education had absorbed his whole patrimony, and even left +him in debt to his trustee, forced him to abandon his project. +He therefore remained at Hamburg in the capacity of librarian +to J.F. Mayer. In 1696 he accompanied his patron to Sweden; +and on his return to Hamburg, not long afterwards, he became +a candidate for the chair of logic and philosophy. The suffrages +being equally divided between Fabricius and Sebastian Edzardus, +one of his opponents, the appointment was decided by lot in +favour of Edzardus; but in 1699 Fabricius succeeded Vincent +Placcius in the chair of rhetoric and ethics, a post which he held +till his death, refusing invitations to Greifswald, Kiel, Giessen +and Wittenberg. He died at Hamburg on the 30th of April 1736.</p> + +<div class="condensed"> +<p>Fabricius is credited with 128 books, but very many of them +were only books which he had edited. One of the most famed and +laborious of these is the <i>Bibliotheca Latina</i> (1697, republished in an +improved and amended form by J.A. Ernesti, 1773). The divisions +of the compilation are—the writers to the age of Tiberius; thence +to that of the Antonines; and thirdly, to the decay of the language; +a fourth gives fragments from old authors, and chapters on early +Christian literature. A supplementary work was <i>Bibliotheca Latina +mediae et infimae Aetatis</i> (1734-1736; supplementary volume by +C. Schöttgen, 1746; ed. Mansi, 1754). His <i>chef-d’œuvre</i>, however, +is the <i>Bibliotheca Graeca</i> (1705-1728, revised and continued by +G.C. Harles, 1790-1812), a work which has justly been denominated +<i>maximus antiquae eruditionis thesaurus</i>. Its divisions are marked +off by Homer, Plato, Christ, Constantine, and the capture of Constantinople +in 1453, while a sixth section is devoted to canon law, +jurisprudence and medicine. Of his remaining works we may +mention:—<i>Bibliotheca Antiquaria</i>, an account of the writers whose +works illustrated Hebrew, Greek, Roman and Christian antiquities +(1713); <i>Centifolium Lutheranum</i>, a Lutheran bibliography (1728); +<i>Bibliotheca Ecclesiastica</i> (1718). His <i>Codex Apocryphus</i> (1703) is +still considered indispensable as an authority on apocryphal Christian +literature.</p> + +<p>The details of the life of Fabricius are to be found in <i>De Vita et +Scriptis J.A. Fabricii Commentarius</i>, by his son-in-law, H.S. +Reimarus, the well-known editor of Dio Cassius, published at +Hamburg, 1737; see also C.F. Bähr in Ersch and Gruber’s <i>Allgemeine +Encyclopädie</i>, and J.E. Sandys, <i>Hist. Class. Schol.</i> iii. (1908).</p> +</div> + + +<hr class="art" /> +<p><span class="bold">FABRICIUS, JOHANN CHRISTIAN<a name="ar128" id="ar128"></a></span> (1745-1808), Danish +entomologist and economist, was born at Tondern in Schleswig +on the 7th of January 1745. After studying at Altona and +Copenhagen, he was sent to Upsala, where he attended the +lectures of Linnaeus. He devoted his attention professionally +to political economy, and, after lecturing on that subject in 1769, +was appointed in 1775 professor of natural history, economy +and finance at Kiel, in which capacity he wrote various works, +chiefly referring to Denmark, and of no special interest. He +also published a few other works on general and natural history, +botany and travel (including <i>Reise nach Norwegen</i>, 1779), and, +although his professional stipend was small, he extended his +personal researches into every town in northern and central +Europe where a natural history museum was to be found. +It is as an entomologist that his memory survives, and for many +years his great scientific reputation rested upon the system of +classification which he founded upon the structure of the mouth-organs +instead of the wings. He had a keen eye for specific +differences, and possessed the art of terse and accurate description. +He died on the 3rd of March 1808.</p> + +<div class="condensed"> +<p>A complete list of his entomological publications (31) will be +found in Hagen’s <i>Bibliotheca Entomologiae</i>; the following are the +chief:—<i>Systema Entomologiae</i> (1775); <i>Genera Insectorum</i> (1776); +<i>Philosophia Entomologica</i> (1778); <i>Species insectorum</i> (1781); <i>Mantissa +Insectorum</i> (1787); <i>Entomologia Systematica</i> (1792-1794), with +a supplement (1798); <i>Systema Eleutheratorum</i> (1801), <i>Rhyngotorum</i> +(1803), <i>Piezatorum</i> (1804), and <i>Antliatorum</i> (1805). Full particulars +of his life will be found, with a portrait, in the <i>Transactions of the +Entomological Society of London</i> (1845), 4, pp. i-xvi, where his autobiography +is translated from the Danish.</p> +</div> + + +<hr class="art" /> +<p><span class="bold">FABRIZI, NICOLA<a name="ar129" id="ar129"></a></span> (1804-1885), Italian patriot, was born at +Modena on the 4th of April 1804. He took part in the Modena +insurrection of 1831, and attempted to succour Ancona, but was +arrested at sea and taken to Toulon, whence he proceeded to +Marseilles. Afterwards he organized with Mazzini the ill-fated +Savoy expedition. Taking refuge in Spain, he fought against the +Carlists, and was decorated for valour on the battlefield (18th +July 1837). At the end of the Carlist War he established a +<span class="pagenum"><a name="page120" id="page120"></a>120</span> +centre of conspiracy at Malta, endeavoured to dissuade Mazzini +from the Bandiera enterprise, but aided Crispi in organizing the +Sicilian revolution of 1848. With a company of volunteers he +distinguished himself in the defence of Venice, afterwards +proceeding to Rome, where he took part in the defence of San +Pancrazio. Upon the fall of Rome he returned to Malta, accumulating +arms and stores; which he conveyed to Sicily; after having, +in 1859, worked with Crispi to prepare the Sicilian revolution of +1860. While Garibaldi was sailing from Genoa towards Marsala +Fabrizi landed at Pizzolo, and, after severe fighting, joined +Garibaldi at Palermo. Under the Garibaldian Dictatorship he +was appointed governor of Messina and minister of war. Returning +to Malta after the Neapolitan plebiscite, which he had +vainly endeavoured to postpone, he was recalled to aid Cialdini +in suppressing brigandage. While on his way to Sicily in 1862, +to induce Garibaldi to give up the Aspromonte enterprise, +he was arrested at Naples by Lamarmora. During the war of +1866 he became Garibaldi’s chief of staff, and in 1867 fought at +Mentana. In parliament he endeavoured to promote agreement +between the chiefs of the Left, and from 1878 onwards worked to +secure the return of Crispi to power, but died on the 31st of +March 1885, two years before the realization of his object. His +whole life was characterized by ardent patriotism and unimpeachable +integrity.</p> +<div class="author">(H. W. S.)</div> + + +<hr class="art" /> +<p><span class="bold">FABROT, CHARLES ANNIBAL<a name="ar130" id="ar130"></a></span> (1580-1659), French jurisconsult, +was born at Aix in Provence on the 15th of September +1580. At an early age he made great progress in the ancient +languages and in the civil and the canon law; and in 1602 he +received the degree of doctor of law, and was made avocat to +the parlement of Aix. In 1609 he obtained a professorship in +the university of his native town. He is best known by his +translation of the <i>Basilica</i>, which may be said to have formed +the code of the Eastern empire till its destruction. This work was +published at Paris in 1647 in 7 vols. fol., and obtained for its +author a considerable pension from the chancellor, Pierre Seguier, +to whom it was dedicated. Fabrot likewise rendered great service +to the science of jurisprudence by his edition of Cujas, which +comprised several treatises of that great jurist previously unpublished. +He also edited the works of several Byzantine +historians, and was besides the author of various antiquarian +and legal treatises. He died at Paris on the 16th of January 1659.</p> + + +<hr class="art" /> +<p><span class="bold">FABYAN, ROBERT<a name="ar131" id="ar131"></a></span> (d. 1513), English chronicler, belonged to +an Essex family, members of which had been connected with +trade in London. He was a member of the Drapers company, +alderman of Farringdon Without, and served as sheriff in 1493-1494. +In 1496 he was one of those appointed to make representations +to the king on the new impositions on English cloth +in Flanders. Next year he was one of the aldermen employed +in keeping watch at the time of the Cornish rebellion. He +resigned his aldermanry in 1502, on the pretext of poverty, +apparently in order to avoid the expense of mayoralty. He +had, however, acquired considerable wealth with his wife +Elizabeth Pake, by whom he had a numerous family. He spent +his latter years on his estate of Halstedys at Theydon Garnon in +Essex. He died on the 28th of February 1513 (<i>Inquisitiones +post mortem for London</i>, p. 29, edited by G.S. Fry, 1896); his +will, dated the 11th of July 1511, was proved on the 12th of July +1513. Fabyan’s Chronicle was first published by Richard +Pynson in 1516 as <i>The new chronicles of England and of France</i>. +In this edition it ends with the reign of Richard III., and this +probably represents the work as Fabyan left it, though with +the omission of an autobiographical note and some religious +verses, which form the <i>Envoi</i> of his history. The note and verses +are first found in the second edition, printed by John Rastell in +1533 with continuations down to 1509. A third edition appeared +in 1542, and a fourth in 1559 with additions to that year. The +only modern edition is that of Sir Henry Ellis, 1811.</p> + +<p>In the note above mentioned Fabyan himself says: “and +here I make an ende of the vii. parte and hole werke, the vii. +day of November in the yere of our Lord Jesu Christes Incarnacion +M. vc. and iiij.” This seems conclusive that in 1504 +he did not contemplate any extension of his chronicles beyond +1485. The continuations printed by Rastell are certainly not +Fabyan’s work. But Stow in his <i>Collections</i> (ap. <i>Survey of +London</i>, ii. 305-306, ed. C.L. Kingsford) states that Fabyan wrote +“a Chronicle of London, England and of France, beginning at the +creation and endynge in the third year of Henry VIII., which +both I have in written hand.” In his <i>Survey of London</i> (i. 191, +209, ii. 55, 116) Stow several times quotes Fabyan as his authority +for statements which are not to be found in the printed continuations +of Rastell. Some further evidence may be found in other +notes of Stow’s (ap. <i>Survey of London</i>, ii. 280, 283, 365-366), +and in the citation by Hakluyt of an unprinted work of Fabyan +as the authority for his note of Cabot’s voyages. That Fabyan +had continued his Chronicle to 1511 may be accepted as certain, +but no trace of the manuscript can now be found.</p> + +<p>It is only the seventh part of Fabyan’s Chronicle, from the +Norman Conquest onwards, that possesses any historical value. +For his French history he followed chiefly the <i>Compendium super +Francorum gestis</i> of Robert Gaguin, printed at Paris in 1497. +For English history his best source was the old <i>Chronicles of +London</i>, from which he borrowed also the arrangement of his +work in civic form. From 1440 to 1485 he follows, as a rule +with great fidelity, the original of the London Chronicle in +Cotton MS. Vitellius A. XVI. (printed in <i>Chronicles of London</i>, +1905, pp. 153-264).</p> + +<p>Fabyan’s own merits are little more than those of an industrious +compiler, who strung together the accounts of his different +authorities without any critical capacity. He says expressly +that his work was “gaderyd without understandynge,” and +speaks of himself as “of cunnynge full destitute.” Nevertheless +he deserves the praise which he has received as an early worker, +and for having made public information which through Hall and +Holinshed has become the common property of later historians, +and has only recently been otherwise accessible. Bale alleges +that the first edition was burnt by order of Cardinal Wolsey +because it reflected on the wealth of the clergy; this probably +refers to his version of the Lollards Bill of 1410, which Fabyan +extracted from one of the London Chronicles.</p> + +<div class="condensed"> +<p>See further Ellis’ <i>Introduction</i>; W. Busch, <i>England under the +Tudors</i> (trans. A.M. Todd, 1895), i. 405-410; and C.L. Kingsford, +<i>Chronicles of London</i>, pp. xxvi-xxxii (1905).</p> +</div> +<div class="author">(C. L. K.)</div> + + +<hr class="art" /> +<p><span class="bold">FAÇADE,<a name="ar132" id="ar132"></a></span> a French architectural term signifying the external +face of a building, but more generally applied to the principal +front.</p> + + +<hr class="art" /> +<p><span class="bold">FACCIOLATI, JACOPO<a name="ar133" id="ar133"></a></span> (1682-1769), Italian philologist, was +born at Torriglia, in the province of Padua, in 1682. He owed +his admission to the seminary of Padua to Cardinal Barberigo, +who had formed a high opinion of the boy’s talents. As professor +of logic, and regent of the schools, Facciolati was the ornament +of the Paduan university during a period of forty-five years. +He published improved editions of several philological works, +such as the <i>Thesaurus Ciceronianus</i> of Nizolius, and the polyglot +vocabulary known under the name of Calepino. The latter work, +in which he was assisted by his pupil Egidio Forcellini, he +completed in four years—1715 to 1719. It was written in seven +languages, and suggested to the editor the idea of his <i>opus +magnum</i>, the <i>Tolius Latinitatis Lexicon</i>, which was ultimately +published at Cardinal Priole’s expense, 4 vols. fol., Padua, 1771 +(revised ed. by de Vit, 1858-1887). In the compilation of this +work the chief burden seems to have been borne by Facciolati’s +pupil Forcellini, to whom, however, the lexicographer allows a +very scanty measure of justice. Perhaps the best testimony to +the learning and industry of the compiler is the well-known +observation that the whole body of Latinity, if it were to perish, +might be restored from this lexicon. Facciolati’s mastery of +Latin style, as displayed in his epistles, has been very much +admired for its purity and grace. In or about 1739 Facciolati +undertook the continuation of Papadopoli’s history of the +university of Padua, carrying it on to his own day. Facciolati +was known over all Europe as one of the most enlightened and +zealous teachers of the time; and among the many flattering +invitations which he received, but always declined, was one from +the king of Portugal, to accept the directorship of a college at +<span class="pagenum"><a name="page121" id="page121"></a>121</span> +Lisbon for the young nobility. He died in 1769. His history of +the university was published in 1757, under the name <i>Fasti +Gymnasii Patavini</i>. In 1808 a volume containing nine of his +Epistles, never before published, was issued at Padua.</p> + +<div class="condensed"> +<p>See J.E. Sandys, <i>Hist. Class. Schol.</i> ii. (1908).</p> +</div> + + +<hr class="art" /> +<p><span class="bold">FACE<a name="ar134" id="ar134"></a></span> (from Lat. <i>facies</i>, derived either from <i>facere</i>, to make, +or from a root <i>fa-</i>, meaning “appear”; cf. Gr. <span class="grk" title="phainein">φαίνειν</span>), a word +whose various meanings of surface, front, expression of countenance, +look or appearance, are adaptations of the application +of the word to the external part of the front portion of the head, +usually taken to extend from the top of the forehead to the +point of the chin, and from ear to ear (see <span class="sc"><a href="#artlinks">Anatomy</a></span>: <i>Superficial +and Artistic</i>; and <span class="sc"><a href="#artlinks">Physiognomy</a></span>).</p> + + +<hr class="art" /> +<p><span class="bold">FACTION<a name="ar135" id="ar135"></a></span> (through the French, from Lat. <i>factio</i>, a company +of persons combined for action, <i>facere</i>, to do; from the other +French derivative <i>façon</i> comes “fashion”), a term, used especially +with an opprobrious meaning, for a body of partisans who +put their party aims and interests above those of the state or +public, and employ unscrupulous or questionable means; it is +thus a common term of reciprocal abuse between parties. In the +history of the Roman and Later Roman empires the factions +(<i>factiones</i>) of the circus and hippodrome, at Rome and Constantinople, +played a prominent part in politics. The <i>factiones</i> were +properly the four companies into which the charioteers were +divided, and distinguished by the colours they wore. Originally +at Rome there were only two, white (<i>albata</i>) and red (<i>russata</i>), +when each race was open to two chariots only; on the increase +to four, the green (<i>prasina</i>) and blue (<i>veneta</i>) were added. At +Constantinople the last two absorbed the red and white factions.</p> + +<div class="condensed"> +<p>For a brilliant description of the factions at Constantinople under +Justinian, and the part they played in the celebrated Nika riot in +January 532, see Gibbon’s <i>Decline and Fall</i>, ch. xl.; and J.B. +Bury’s <i>Appendix</i> 10 in vol. iv. of his edition (1898), for a discussion +of the relationship between the <i>factiones</i> and the demes of +Constantinople.</p> +</div> + + +<hr class="art" /> +<p><span class="bold">FACTOR<a name="ar136" id="ar136"></a></span> (from Lat. <i>facere</i>, to make or do), strictly “one who +makes”; thus in ordinary parlance, anything which goes to the +composition of anything else is termed one of its “factors,” +and in mathematics the term is used of those quantities which, +when multiplied together, produce a given product. In a special +sense, however—and that to which this article is devoted—“factor” +is the name given to a mercantile agent (of the class +known as “general agents”) employed to buy or sell goods +for a commission. When employed to sell, the possession of the +goods is entrusted to him by his principal, and when employed +to buy it is his duty to obtain possession of the goods and to +consign them to his principal. In this he differs from a broker +(<i>q.v.</i>), who has not such possession, and it is this distinguishing +characteristic which gave rise in England to the series of statutes +known as the Factors Acts. By these acts, consolidated and +extended by the act of 1889, third parties buying or taking +pledges from factors are protected as if the factor were in reality +owner; but these enactments have in no way affected the +contractual relations between the factor and his employer, +and it will be convenient to define them before discussing the +position of third parties as affected by the act.</p> + +<p class="pt2 center sc">I. Factor and Principal</p> + +<p>A factor is appointed or dismissed in the same way as any +other agent. He may be employed for a single transaction or to +transact all his principal’s business of a certain class during a +limited period or till such time as his authority may be determined. +A factor’s duty is to sell or buy as directed; to carry out +with care, skill and good faith any instructions he may receive; +to receive or make payment; to keep accounts, and to hand over +to his principal the balance standing to his principal’s credit, +without any deduction save for commission and expenses. All +express instructions he must carry out to the full, provided they +do not involve fraud or illegality. On any point not covered by +his express instructions he must follow the usual practice of his +particular business, if not inconsistent with his instructions or +his position as factor. Many usages of businesses in which +factors are employed have been proved in court, and may now +be regarded as legally established. For instance, he may, unless +otherwise directed, sell in his own name, give warranties as to +goods sold by him, sell by sample (in most businesses), give such +credit as is usual in his business, receive payment in cash or as +customary; and give receipts in full discharge, sell by indorsement +of bills of lading; and insure the goods. It is his duty to clear the +goods at the customs, take charge of them and keep them +safely, give such notices to his principal and others as may be +required, and if necessary take legal proceedings for the protection +of the goods. On the other hand, he has not authority to delegate +his employment, or to barter; and as between himself and his +principal he has no right to pledge the goods, although as between +the principal and the pledgee, an unauthorized pledge made by +the factor may by virtue of the Factors Act 1889 be binding +upon the principal. It is, moreover, inconsistent with his +employment as agent that he should buy or sell on his own +account from or to his principal. A factor has no right to follow +any usage which is inconsistent with the ordinary duties and +authority of a factor unless his principal has expressly or impliedly +given his consent.</p> + +<p>On the due performance of his duties the factor is entitled to +his commission, which is usually a percentage on the value of the +goods sold or bought by him on account of his principal, regulated +in amount by, the usages of each business. Sometimes the factor +makes himself personally responsible for the solvency of the +persons with whom he deals, in order that his principal may +avoid the risk entailed by the usual trade credit. In such a case +the factor is said to be employed on <i>del credere</i> terms, and is +entitled to a higher rate of commission, usually 2½% extra. +Such an arrangement is not a contract of guarantee within the +Statute of Frauds, and therefore need not be in writing. Besides +his remuneration, the factor is entitled to be reimbursed by his +principal for any expenses, and to be indemnified against any +liabilities which he may have properly incurred in the execution +of his principal’s instructions. For the purpose of enforcing his +rights a factor has, without legal proceedings, two remedies. +Firstly, by virtue of his general <i>lien</i> (<i>q.v.</i>) he may hold any of his +principal’s goods which come to his hands as security for the +payment to him of any commission, out-of-pocket expenses, +or even general balance of account in his favour. Although he +cannot sell the goods, he may refuse to give them up until he is +paid. Secondly, where he has consigned goods to his principal +but not been paid, he may “<i>stop in transit</i>” subject to the same +rules of law as an ordinary vendor; that is to say, he must exercise +his right before the transit ends; and his right may be +defeated by his principal transferring the document of title to +the goods to some third person, who takes it in good faith and +for valuable consideration (Factors Act 1889, section 10). If the +factor does not carry out his principal’s instructions, or carries +them out so negligently or unskilfully that his principal gets no +benefit thereby, the factor loses his commission and his right +to reimbursement and indemnity. If by such failure or negligence +the principal suffers any loss, the latter may recover it as +damages. So too if the factor fails to render proper accounts his +principal may by proper legal proceedings obtain an account +and payment of what is found due; and threatened breaches +of duty may be summarily stopped by an injunction. Criminal +acts by the factor in relation to his principal’s goods are dealt +with by section 78 of the Larceny Act 1860.</p> + +<p class="pt2 center sc">II. Principal and Third Party</p> + +<p>(<i>a</i>) <i>At Common Law.</i>—The actual authority of a factor is +defined by the same limits as his duty, the nature of which has +been just described; <i>i.e.</i> firstly, by his principal’s express +instructions; secondly, by the rules of law and usages of trade, +in view of which those instructions were expressed. But his +power to bind his principal as regards third parties is often wider +than his actual authority; for it would not be reasonable that +third parties should be prejudiced by secret instructions, given +in derogation of the authority ordinarily conferred by the custom +of trade; and, as regards them, the factor is said to have +“<i>apparent</i>” or “<i>ostensible</i>” authority, or to be <i>held out</i> as having +<span class="pagenum"><a name="page122" id="page122"></a>122</span> +authority to do what is customary, even though he may in fact +have been expressly forbidden so to do by his principal. But +this rule is subject to the proviso that if the third party have +notice of the factor’s actual instructions, the “apparent” +authority will not be greater than the actual. “The general +principle of law,” said Lord Blackburn in the case of <i>Cole</i> v. +<i>North-Western Bank</i>, 1875, L.R. 10, C.P. 363, “is that when the +true owner has clothed any one with apparent authority to act +as his agent, he is bound to those who deal with the agent on +the assumption that he really is an agent with that authority, +to the same extent as if the apparent authority were real.” +Under such circumstances the principal is for reasons of common +fairness precluded, or, in legal phraseology, <i>estopped</i>, from +denying his agent’s authority. On the same principle of estoppel, +but not by reason of any trade usages, a course of dealing which +has been followed between a factor and a third party with the +assent of the principal will give the factor apparent authority +to continue dealing on the same terms even after the principal’s +assent has been withdrawn; provided that the third party has no +notice of the withdrawal.</p> + +<p>Such apparent authority binds the principal both as to acts +done in excess of the actual authority and also when the actual +authority has entirely ceased. For instance, A. B. receives goods +from C.D. with instructions not to sell below 1s. per ℔; A. B. +sells at 10½d., the market price; the buyer is entitled to the goods +at 10½d., because A. B. had apparent authority, although he +exceeded his actual authority. On the same principle the buyer +would get a good title by buying from A. B. goods entrusted to +him by C. D., even though at the time of the sale C. D. had +revoked A. B.’s authority and instructed him not to sell at all. +In either case the factor is held out as having authority to sell, +and the principal cannot afterwards turn round and say that his +factor had no such authority. As in the course of his business +the factor must necessarily make representations preliminary +to the contracts into which he enters, so the principal will be +bound by any such representations as may be within the factor’s +actual or apparent authority to the same degree as by the +factor’s contracts.</p> + +<p>(<i>b</i>) <i>Under the Factors Act 1889.</i>—The main object of the +Factors Acts, in so far as they relate to transactions carried +out by factors, has been to add to the number of cases in which +third parties honestly buying or lending money on the security +of goods may get a good title from persons in whose possession +the goods are with the consent, actual or apparent, of the real +owners, thus calling in aid the principle of French law that +“<i>possession vaut titre</i>” as against the doctrine of the English +common law that “<i>nemo dat quod non habet</i>.” The chief change +in the law relating specially to factors has been to put pledges +by factors on the same footing as sales, so as to bind a principal +to third parties by his factor’s pledge as by his factor’s sale. +The Factors Act 1889 in part re-enacts and in part extends the +provisions of the earlier acts of 1823, 1825, 1842 and 1877; +and is, so far as it relates to sales by factors, in large measure +merely declaratory of the law as it previously existed. Its most +important provisions concerning factors are as follows:—</p> + +<div class="condensed"> +<p>Section I., s.s. 1. The expression mercantile agent shall mean a +mercantile agent having in the customary course of his business +as such agent authority either to sell goods, or to consign goods +for the purpose of sale, or to buy goods, or to raise money on the +security of goods;</p> + +<p>2. A person shall be deemed to be in possession of goods or of +the documents or title to goods when the goods or documents are +in his actual custody or are held by any other person subject to his +control or for him on his behalf.</p> + +<p>4. The expression “document of title” shall include any bill of +lading, dock warrant, warehouse keeper’s certificate, and warrant +or order for the delivery of goods, and any other document used in +the ordinary course of business as proof of the possession or control +of goods, or authorizing or purporting to authorize, either by indorsement +or by delivery, the possessor of the document to transfer +or receive goods thereby represented.</p> + +<p>Section II., s.s. 1. Where a mercantile agent is, with the consent +of the owner, in possession of goods or of the documents or title to +goods, any sale, pledge or other disposition of the goods made by +him when acting in the ordinary course of business of a mercantile +agent shall, subject to the provisions of this act, be as valid as if +he were expressly authorized by the owner of the goods to make +the same; provided that the person taking under the disposition +acts in good faith, and has not at the time of the disposition notice +that the person making the disposition has not authority to make +the same.</p> + +<p>2. Where a mercantile agent has, with the consent of the owner, +been in possession of goods or of the documents of title to goods, +any sale, pledge or other disposition which would have been valid +if the consent had continued shall be valid notwithstanding the +determination of the consent; provided that the person taking +under the disposition has not at the time thereof notice that the +consent has been determined.</p> + +<p>3. Where a mercantile agent has obtained possession of any +documents of title to goods by reason of his being or having been, +with the consent of the owner, in possession of the goods represented +thereby, or of any other documents of title to the goods, his +possession of the first-mentioned documents shall, for the purposes +of the act, be deemed to be with the consent of the owner.</p> +</div> + +<p class="pt2 center sc">III. Enforcement of Contracts</p> + +<p>1. Where a factor makes a contract in the name of his +principal and himself signs as agent only, he drops out as soon +as the contract is made, and the principal and third party alone +can sue or be sued upon it. As factors usually contract in their +own name this is not a common case. It is characteristic of +brokers rather than of factors.</p> + +<p>2. Where a factor makes a contract for the principal without +disclosing his principal’s name, the third party may, on discovering +the principal, elect whether he will treat the factor or +his principal as the party to the contract; provided that if the +factor contract expressly as factor, so as to exclude the idea that +he is personally responsible, he will not be liable. The principal +may sue upon the contract, so also may the factor, unless the +principal first intervene.</p> + +<p>3. Where a factor makes a contract in his own name without +disclosing the existence of his principal, the third party may, +on discovering the existence of the principal, elect whether he +will sue the factor or the principal. Either principal or factor +may sue the third party upon the contract. But if the factor +has been permitted by the principal to hold himself out as the +principal, and the person dealing with the factor has believed +that the factor was the principal and has acted on that belief +before ascertaining his mistake, then in an action by the principal +the third party may set up any defences he would have had +against the factor if the factor had brought the action on his own +account as principal.</p> + +<p>4. Where a factor has a lien upon the goods and their proceeds +for advances made to the principal it will be no defence to an +action by him for the third party to plead that he has paid the +principal, unless the factor by his conduct led the third party to +believe that he agreed to a settlement being made with his +principal.</p> + +<p>5. The factor who acts for a foreign principal will always be +personally liable unless it is clear that the third party has agreed +to look only to the principal.</p> + +<p>6. If a factor contract by deed under seal he alone can sue +or be sued upon the contract; but mercantile practice makes +contracts by deed uncommon.</p> + +<div class="condensed"> +<p><span class="sc">Authorities.</span>—Story, <i>Commentaries on the Law of Agency</i> +(Boston, 1882); Boyd and Pearson, <i>The Factors Acts 1823 to +1877</i> (London, 1884); Blackwell, <i>The Law relating to Factors</i> +(London, 1897).</p> +</div> +<div class="author">(L. F. S.)</div> + + +<hr class="art" /> +<p><span class="bold">FACTORY ACTS,<a name="ar137" id="ar137"></a></span> the name given generally to a long series +of acts constituting one of the most important chapters in the +history of English labour legislation (see <span class="sc"><a href="#artlinks">Labour Legislation</a></span>); +the term “factory” itself being short for manufactory, a building +or collection of buildings in which men or women are employed +in industry.</p> + + +<hr class="art" /> +<p><span class="bold">FACULA<a name="ar138" id="ar138"></a></span> (diminutive of <i>fax</i>, Lat. for “torch”), in astronomy, +a minute shining spot on the sun’s disk, markedly brighter than +the photosphere in general, usually appearing in groups. Faculae +are most frequent in the neighbourhood of spots. (See <span class="sc"><a href="#artlinks">Sun</a></span>.)</p> + + +<hr class="art" /> +<p><span class="bold">FACULTY<a name="ar139" id="ar139"></a></span> (through the French, from the Lat. <i>facultas</i>, +ability to do anything, from <i>facilis</i>, easy, <i>facere</i>, to do; another +form of the word in Lat. <i>facilitas</i>, facility, ease, keeps the original +meaning), power or capacity of mind or body for particular kinds +<span class="pagenum"><a name="page123" id="page123"></a>123</span> +of activity, feeling, &c. In the early history of psychology the +term was applied to various mental processes considered as +causes or conditions of the mind—a treatment of “class concepts +of mental phenomena as if they were real forces producing these +phenomena” (G.F. Stout, <i>Analytic Psychology</i>, vol. i. p. 17). +In medieval Latin <i>facultas</i> was used to translate <span class="grk" title="dunamis">δύναμις</span> in the +Aristotelian application of the word to a branch of learning or +knowledge, and thus it is particularly applied to the various +departments of knowledge as taught in a university and to the +body of teachers of the particular art or science taught. The +principal “faculties” in the medieval universities were theology, +canon and civil law, medicine and arts (see <span class="sc"><a href="#artlinks">Universities</a></span>). A +further extension of this use is to the body of members of any +particular profession.</p> + +<p>In law, “faculty” is a dispensation or licence to do that +which is not permitted by the common law. The word in this +sense is used only in ecclesiastical law. A faculty may be granted +to be ordained deacon under twenty-three years of age; to +hold two livings at once (usually called a licence or dispensation, +but granted under the seal of the office of faculties; see +<span class="sc"><a href="#artlinks">Benefice</a></span>); to be married at any place or time (usually called a +special licence; see <span class="sc"><a href="#artlinks">Marriage</a></span>; <span class="sc"><a href="#artlinks">Licence</a></span>); to act as a notary +public (<i>q.v.</i>). Any alteration in a church, such as an addition +or diminution in the fabric or the utensils or ornaments of the +church, cannot strictly be made without the legal sanction of the +ordinary, which can only be expressed by the issue of a faculty. +So a faculty would be required for a vault, for the removal of a +body, for the purpose of erecting monuments, for alterations +in a parsonage house, for brick graves, for the apportionment +of a seat, &c. Cathedrals, however, are exempt from the necessity +for a faculty before making alterations in the fabric, utensils or +ornaments.</p> + +<p>The court of faculties is the court of the archbishop for granting +faculties. It is a court in which there is no litigation or holding +of pleas. Its chief officer is called the master of faculties, and +he is one and the same with the judge of the court of arches. +Attached to the court of faculties are a registrar and deputy +registrars, a chief clerk and record-keeper, and a seal keeper. +In Scotland the society of advocates of the court of session, and +local bodies of legal practitioners, are described as faculties.</p> + + +<hr class="art" /> +<p><span class="bold">FAED, THOMAS<a name="ar140" id="ar140"></a></span> (1826-1900), British painter, born in Kirkcudbrightshire, +was the brother of John Faed, R.S.A., and +received his art education in the school of design, Edinburgh. +He was elected an associate of the Royal Scottish Academy in +1849, came to London three years later, was elected an associate +of the Royal Academy in 1861, and academician in 1864, and +retired in 1893. He had much success as a painter of domestic +genre, and had considerable executive capacity. Three of his +pictures, “The Silken Gown,” “Faults on Both Sides,” and “The +Highland Mother,” are in the National Gallery of British Art.</p> + +<div class="condensed"> +<p>See William D. McKay, <i>The Scottish School of Painting</i> (1906).</p> +</div> + + +<hr class="art" /> +<p><span class="bold">FAENZA<a name="ar141" id="ar141"></a></span> (anc. <i>Faventia</i>), a city and episcopal see of Emilia, +Italy, in the province of Ravenna, from which it is 31 m. S.W. +by rail, 110 ft. above sea-level. It is 31 m. S.E. of Bologna by +rail, on the line from Bologna to Rimini, and it is the junction +of a line to Florence through the Apennines. Pop. (1901) +21,809 (town), 39,757 (commune). The town is surrounded by +walls which date from 1456. The cathedral of S. Costanzo +stands in the spacious Piazza Vittorio Emanuele in the centre +of the town. It was begun in 1474 by Giuliano da Maiano; +the façade is, however, incomplete. In the interior is the +beautiful early Renaissance tomb of S. Savinus with reliefs +showing scenes from his life, of fine and fresh execution, by +Benedetto da Maiano; and later tombs by P. Bariloto, a local +sculptor. Opposite the cathedral is a fountain with bronze +ornamentation of 1583-1621. The clock tower alongside the +cathedral belongs to the 17th century. Beyond it is the Palazzo +Comunale, formerly the residence of the Manfredi, but entirely +reconstructed. The other churches of the town have been mostly +restored, but S. Michele (and the Palazzo Manfredi opposite it) +are fine early Renaissance buildings in brickwork. The municipal +art gallery contains an altar-piece by Girolamo da Treviso (who +also painted a fresco in the Chiesa della Commenda), a wooden +St Jerome by Donatello, and a bust of the young St John by +Antonio Rossellino (?), and some fine specimens of majolica, +a variety of which, faience, takes its name from the town. It +was largely manufactured in the 15th and 16th centuries, and +the industry has been revived in modern times with success.</p> + +<p>The ancient Faventia, on the Via Aemilia, was obviously +from its name founded by the Romans and had the citizenship +before the Social War. It was the scene of the defeat of C. +Papirius Carbo and C. Norbanus by Q. Caecilius Metellus Pius +in 82 <span class="scs">B.C.</span> In the census of Vespasian a woman of Faventia is +said to have given her age as 135. Pliny speaks of the whiteness +of its linen, and the productiveness of its vines is mentioned. +It is noticeable that some of the fields in the territory of the +ancient Faventia still preserve the exact size of the ancient +Roman <i>centuria</i> of 200 <i>iugeri</i> (E. Bormann in <i>Corp. Inscr. Lat.</i> +xi., Berlin, 1888, p. 121). When the exarchate was established, +the town became part of it, and in 748 it was taken by Liutprand. +Desiderius gave it to the church with the duchy of Ferrara. +In the 11th century it began to increase in importance. In the +wars of the 12th and 13th centuries it at first took the imperial +side, but in 1240 it stood a long siege from Frederick II. and +was only taken after eight months. After further struggles +between Guelphs and Ghibellines, the Manfredi made themselves +masters of the place early in the 14th century, and remained in +power until 1501, when the town was taken by Caesar Borgia +and the last legitimate members of the house of the Manfredi +were drowned in the Tiber; and, after falling for a few years +into the hands of the Venetians, it became a part of the states +of the church in 1509.</p> +<div class="author">(T. As.)</div> + + +<hr class="art" /> +<p><span class="bold">FAEROE<a name="ar142" id="ar142"></a></span> (also written <span class="sc">Faroe</span> or <span class="sc">The Faeroes</span>, Danish +<i>Faeröerne</i> or <i>Färöerne</i>, “the sheep islands”), a group of islands +in the North Sea belonging to Denmark. They are situated +between Iceland and the Shetland Islands, about 200 m. N.W. +of the latter, about the intersection of 7° E. with 62° N. The +total land area of the group is 511 sq. m., and there are twenty-one +islands (excluding small rocks and reefs), of which seventeen +are inhabited. The population in 1880 amounted to 11,220, +and in 1900 to 15,230. The principal islands are Strömö, on +which is the chief town, Thorshavn, with a population of 1656; +Osterö, Süderö, Vaagö, Sandö and Bordö. They consist throughout +of rocks and hills, separated from each other by narrow valleys +or ravines; but, though the hills rise abruptly, there are often +on their summits, or at different stages of their ascent, plains of +considerable magnitude. Almost everywhere they present to +the sea perpendicular cliffs, broken into fantastic forms, affording +at every turn, to those who sail along the coast, the most +picturesque and varied scenery. The highest hills are Slättaretindur +in Osterö, and Kopende and Skellingfjeld in Strömö, +which rise respectively to 2894, 2592 and 2520 ft. The sea +pierces the islands in deep fjords, or separates them by narrow +inlets through which tidal currents set with great violence, at +speeds up to seven or eight knots an hour; and, as communications +are maintained almost wholly by boat, the natives have +need of expert watermanship. There are several lakes in which +trout are abundant, and char also occur; the largest is Sörvaag +Lake in Vaagö, which is close to the sea, and discharges into it +by a sheer fall of about 160 ft. Trees are scarce, and there is +evidence that they formerly flourished where they cannot do +so now.</p> + +<div class="condensed"> +<p>The fundamental formation is a series of great sheets of columnar +basalt, 70 to 100 ft. thick, in which are intercalated thin beds of tuff. +Upon the basalt rests the so-called Coal formation, 35 to 50 ft. thick; +the lower part of this is mainly fireclay and sandstone, the upper +part is weathered clay with thin layers of brown coal and shale. +The coal is found in Süderö and in some of the other islands in +sufficient quantity to make it a matter of exploitation. Above these +beds there are layers of dolerite, 15 to 20 ft. thick, with nodular +segregations and abundant cavities which are often lined with +zeolites. As the rocks lie in a horizontal position, on most of the +islands of the group only the basalts or dolerite are visible. The +crater from which the volcanic rocks were outpoured probably lies +off the Faeroe Bank some distance to the south-west of Süderö. +The basalts are submarine flows which formed the basis of the land +<span class="pagenum"><a name="page124" id="page124"></a>124</span> +upon which grew the vegetation which gave rise to the coals; the +effusion of dolerite which covered up the Coal formation was subaerial. +The existing land features, with the fjords, are due to ice +erosion in the glacial period.<a name="fa1s" id="fa1s" href="#ft1s"><span class="sp">1</span></a></p> +</div> + +<p>The climate is oceanic; fogs are common, violent storms are +frequent at all seasons. July and August are the only true +summer months, but the winters are not very severe. It seldom +freezes for more than one month, and the harbours are rarely +ice-bound. The methods of agriculture are extremely primitive +and less than 3% of the total area is under cultivation. As the +plough is ill-suited to the rugged surface of the land, the ground +is usually turned up with the spade, care being taken not to +destroy the roots of the grass, as hay is the principal crop. +Horses and cows are few, and the cows give little milk, in consequence +of the coarse hay upon which they are fed. The number +of sheep, however, justifies the name of the islands, some individuals +having flocks of from three to five hundred, and the total +number in the islands considerably exceeds ten thousand. +The northern hare (<i>Lepus alpinus</i>) is pretty abundant in Strömö +and Osterö, having been introduced into the islands about +1840-1850. The catching of the numerous sea-birds which build +their nests upon the face of the cliffs forms an important source +of subsistence to the inhabitants. Sometimes the fowler is let +down from the top of the cliff; at other times he climbs the +rocks, or, where possible, is pushed upwards by poles made for +the purpose. The birds and the contents of the nests are taken +in nets mounted on poles; shooting is not practised, lest it +should permanently scare the birds away. Fowling has somewhat +decreased in modern times, as the fisheries have risen in +importance. The puffin is most commonly taken for its feathers. +The cod fishery is especially important, dried fish being exported +in large quantity, and the swim-bladders made into gelatine, +and also used and exported for food. The whaling industry +came into importance towards the close of the 19th century, +and stations for the extraction of the oil and whalebone have +been established at several points, under careful regulations +designed to mitigate the pollution of water, the danger to live-stock +from eating the blubber, &c. The finner whale is the species +most commonly taken.</p> + +<p>The trade of the Faeroe Islands was for some time a monopoly +in the hands of a mercantile house at Copenhagen, and this +monopoly was afterwards assumed by the Danish government, +but by the law of the 21st of March 1855 all restrictions were +removed. The produce of the whaling and fishing industries, +woollen goods, lamb skins and feathers, are the chief exports, +while in Thorshavn the preserving of fish and the manufacture +of carpets are carried on to some extent. Thorshavn is situated +on the S.E. side of Strömö, upon a narrow tongue of land, +having creeks on each side, where ships may be safely moored. +It is the seat of the chief government and ecclesiastical officials, +and has a government house and a hospital. The houses are +generally built of wood and roofed with birch bark covered with +turf. The character of the people is marked by simplicity of +manners, kindness and hospitality. They are healthy, and the +population increases steadily. The Faeroes form an <i>amt</i> (county) +of Denmark. They have also a local parliament (<i>lagthing</i>), +consisting of the <i>amtmann</i> and nineteen other members. Among +other duties, this body elects a representative to the upper house +of parliament (<i>landsthing</i>) in Denmark; the people choose by +vote a representative in the lower house (<i>folkething</i>). The +islands are included in the Danish bishopric of Zealand.</p> + +<p><i>History.</i>—The early history of the Faeroes is not clear. It +appears that about the beginning of the 9th century Grim +Kamban, a Norwegian emigrant who had left his country to +escape the tyranny of Harold Haarfager, settled in the islands. +It is said that a small colony of Irish and Scottish monks were +found in Süderö and dispersed by him. The Faeroes then already +bore their name of Sheep Islands, as these animals had been +found to flourish here exceedingly. Early in the 11th century +Sigmund or Sigismund Bresterson, whose family had flourished +in the southern islands but had been almost exterminated by +invaders from the northern, was sent from Norway, whither he +had escaped, to take possession of the islands for Olaf Trygvason, +king of Norway. He introduced Christianity, and, though he +was subsequently murdered, Norwegian supremacy was upheld, +and continued till 1386, when the islands were transferred to +Denmark. English adventurers gave great trouble to the inhabitants +in the 16th century, and the name of Magnus Heineson, +a native of Strömö, who was sent by Frederick II. to clear the +seas, is still celebrated in many songs and stories. There was +formerly a bishopric at Kirkebö, S. of Thorshavn, where remains +of the cathedral may be seen; but it was abolished at the +introduction of Protestantism by Christian III. Denmark retained +possession of the Faeroes at the peace of Kiel in 1815. +The native literature of the islands consists of the <i>Faereyinga +Saga</i>, dealing with the period of Sigmund Bresterson, and a +number of popular songs and legends of early origin.</p> + +<div class="condensed"> +<p><span class="sc">Bibliography.</span>—Lucas Jacobson Debes, <i>Feroa Reserata</i> (Copenhagen, +1673; Eng. transl. London, 1675); Torfaeus, <i>De rebus gestis +Faereyensium</i> (Copenhagen, 1695); I. Landt, <i>Beskrivelse over +Färöerne</i> (1800), and <i>Descriptions of the Feroe Islands</i> (London, +1810); A.J. Symington, <i>Pen and Pencil Sketches of Faroe and Iceland</i> +(1862); J. Russel-Jeaffreson, <i>The Faröe Islands</i> (1901); J. Falk +Rönne, <i>Beskrivelse over Färöerne</i> (Copenhagen, 1902); C.H. Ostenfeld, +E. Warming and others, <i>Botany of the Faeroes</i> (Copenhagen, +1901-1903); Annandale, <i>The Faroes and Iceland</i> (Oxford, 1905). +The <i>Faereyinga Saga</i> was translated by F. York Powell (London, +1896); for folk-songs and legends see S. Kraeth, <i>Die färöischen +Lieder von Sigurd</i> (Paderborn, 1877); V.U. Hammershaimb, +<i>Faeröisk Anthologi</i> (Copenhagen, 1886-1891).</p> +</div> + +<hr class="foot" /> <div class="note"> + +<p><a name="ft1s" id="ft1s" href="#fa1s"><span class="fn">$1</span></a> See Hans von Post, “Om Färöarnes uppkomst,” <i>Geologiska +Föreningens i Stockholm Förhandlingar</i>, vol. xxiv. (1902).</p> +</div> + + +<hr class="art" /> +<p><span class="bold">FAESULAE<a name="ar143" id="ar143"></a></span> (mod. <i>Fiesole</i>, <i>q.v.</i>), an ancient city of Etruria, +on the height 3 m. to the N.E. of Florentia, 970 ft. above sea-level. +Remains of its walls are preserved on all sides, especially +on the N.E., in one place to a height of 12 to 14 courses. The +blocks are often not quite rectangular, and the courses sometimes +change; but the general tendency is horizontal and the walls +are not of remote antiquity, the irregularities in them being +rather due to the hardness of the material employed, the rock of +the hill itself. The courses vary in height from 1 to 3 ft., and +some blocks are as long as 12½ ft. In this portion of the wall are +two drains, below one of which is a <i>phallus</i>. The site of an ancient +gate, and the road below it, can be traced; a little farther E. +was an archway, conjectured by Dennis to be a gate of the Roman +period, destroyed in 1848. The whole circuit of the walls extended +for about 1-2/3 m. The Franciscan monastery (1130 ft.) occupies +the site of the acropolis, once encircled by a triple wall, of which +no traces are now visible. Here was also the <i>Capitolium</i> of +Roman times, as an inscription found here in 1879 records (<i>Corpus +Inscr. Lat.</i> xi., Berlin, 1888, No. 1545). The Roman theatre, +below the cathedral to the N.E., has 19 tiers of stone seats and is +37 yds. in diameter. Above it is an embanking wall of irregular +masonry, and below it some remains of Roman baths, including +five parallel vaults of concrete. Just outside the town on the E. +a reservoir, roofed by the convergence of its sides, which were of +large regular blocks, was discovered in 1832, but filled in again. +Over 1000 silver denarii, all coined before 63 <span class="scs">B.C.</span>, were found +at Faesulae in 1829. A small museum contains the objects found +in the excavations of the theatre.</p> + +<p>Though Faesulae was an Etruscan city, we have no record of +it in history until 215 <span class="scs">B.C.</span>, when the Gauls passed near it in +their march on Rome. Twelve years later Hannibal seems to +have taken this route in his march south after the victory of the +Trebia. It appears to have suffered at the hands of Rome in the +Social War, and Sulla expelled some of the inhabitants from +their lands to make room for his veterans, but some of the latter +were soon driven out in their turn by the former occupiers. +Both the veterans, who soon wasted what they had acquired, +and the dispossessed cultivators joined the partisans of Catiline, +and Manlius, one of his supporters, made his headquarters at +Faesulae. Under the empire we hear practically nothing of it; +in <span class="scs">A.D.</span> 405 Radagaisus was crushed in the neighbouring hills, +and Belisarius besieged and took it in <span class="scs">A.D.</span> 539.</p> + +<div class="condensed"> +<p>See L.A. Milani, <i>Rendiconti dei Lincei</i>, ser. vi. vol. ix. (1900), +289 seq., on the discovery of an archaic altar of the <i>Locus sacer</i> of +Florence, belonging to Ancharia (Angerona), the goddess of Fiesole.</p> +</div> +<div class="author">(T. As.)</div> + +<p><span class="pagenum"><a name="page125" id="page125"></a>125</span></p> + + +<hr class="art" /> +<p><span class="bold">FAFNIR,<a name="ar144" id="ar144"></a></span> in Scandinavian mythology, the son of the giant +Hreidmar. He was the guardian of the hoard of the Nibelungs +and was killed by Sigurd.</p> + + +<hr class="art" /> +<p><span class="bold">FAGGING<a name="ar145" id="ar145"></a></span> (from “fag,” meaning “weary”; of uncertain +etymology), in English public schools, a system under which, +generally with the full approval of the authorities, a junior boy +performs certain duties for a senior. In detail this custom +varies slightly in the different schools, but its purpose—the +maintenance of discipline among the boys themselves—is the +same. Dr Arnold of Rugby defined fagging as “the power +given by the supreme authorities of the school to the Sixth Form, +to be exercised by them over the lower boys, for the sake of +securing a regular government among the boys themselves, +and avoiding the evils of anarchy; in other words, of the lawless +tyranny of brute force.” Fagging was a fully established system +at Eton and Winchester in the 16th century, and is probably a +good deal older. That the advantages of thus granting the +boys a kind of autonomy have stood the test of time is obvious +from the fact that in almost all the great public schools founded +during the 19th century, fagging has been deliberately adopted +by the authorities. The right to fag carries with it certain +well-defined duties. The fag-master is the protector of his +fags, and responsible for their happiness and good conduct. In +cases of bullying or injustice their appeal is to him, not to the +form or house master, and, except in the gravest cases, all such +cases are dealt with by the fag-master on his own responsibility +and without report to the master. Until recent years a fag’s +duties included such humble tasks as blacking boots, brushing +clothes, and cooking breakfasts, and there was no limit as to +hours; almost all the fag’s spare time being so monopolized. +This is now changed. Fagging is now restricted to such light +tasks as running errands, bringing tea to the “master’s” study, +and fagging at cricket or football. At Eton there is no cricket +fagging, and at most schools it is made lighter by all the fags +taking their turn in regular order for one hour, so that each boy +has to “fag” but once in so many weeks. At Rugby there is +“study-fagging”—two fags being assigned to each Sixth Form +boy and made responsible for the sweeping out and tidying up +of his study alternately each week,—and “night-fagging”—running +errands for the Sixth between 8.30 and 9.30 every +evening,—and each boy can choose whether he will be a study-fag +or night-fag. The right to fag is usually restricted to the +Sixth Form, but at Eton the privilege is also granted the Fifth, +and at Marlborough and elsewhere the Eleven have a right to +fag at cricket, whether in the Sixth or not.</p> + + +<hr class="art" /> +<p><span class="bold">FAGGOT,<a name="ar146" id="ar146"></a></span> a bundle of sticks used for firewood. The word +is adapted from the Fr. <i>fagot</i>, and appears in Italian as <i>fagotto</i>, +the name given to the bassoon (<i>q.v.</i>). “Faggot” is frequently +used with reference to the burning of heretics, and recanted +heretics wore an embroidered faggot on the arm as a symbol +of the punishment they had escaped. In the 18th century the +word is used of a “dummy” soldier, appearing on the rolls of a +regiment. It is this use, coupled with the idea of a bundle of +sticks as being capable of subdivision, that appears in the +expression “faggot-vote,” a vote artificially created by the +minute splitting up of property so as to give a bare qualification +for the franchise.</p> + + +<hr class="art" /> +<p><span class="bold">FAGNIEZ, GUSTAVE CHARLES<a name="ar147" id="ar147"></a></span> (1842-  ), French historian +and economist, was born in Paris on the 6th of October 1842. +Trained at the École des Chartes and the École des Hautes +Études, he made his first appearance in the world of scholarship +as the author of an excellent book called <i>Études sur l’industrie +et la classe industrielle à Paris au XIII<span class="sp">e</span> et au XIV<span class="sp">e</span> siècle</i> (1877). +This work, composed almost entirely from documents, many +unpublished, opened a new field for historical study. Twenty +years later he supplemented this book by an interesting collection +of <i>Documents relatifs à l’histoire de l’industrie et du commerce en +France</i> (2 vols., 1898-1900), and in 1897 he published <i>L’Économie +sociale de la France sous Henri IV</i>, a volume containing the +results of very minute research. He did not, however, confine +himself to economic history. His <i>Le Père Joseph et Richelieu</i> +(1894), though somewhat frigid and severe, is based on a mass +of unpublished information, and shows remarkable psychologic +grasp. In 1878 his <i>Journal parisien de Jean de Maupoint, prieur +de Ste Catherine-de-la-Couture</i> was published in vol. iv. of the +<i>Mémoires de la sociêtê de l’histoire de Paris et de l’Île de France</i>. +He wrote numerous articles in the <i>Revue historique</i> (of which +he was co-director with Gabriel Monod for some years) and in +other learned reviews, such as the <i>Revue des questions historiques</i> +and the <i>Journal des savants</i>. In 1901 he was elected member of +the Académie des Sciences Morales et Politiques.</p> + + +<hr class="art" /> +<p><span class="bold">FAGUET, ÉMILE<a name="ar148" id="ar148"></a></span> (1847-  ), French critic and man of +letters, was born at La Roche sur Yon on the 17th of December +1847. He was educated at the normal school in Paris, and after +teaching for some time in La Rochelle and Bordeaux he came to +Paris. After acting as assistant professor of poetry in the university +he became professor in 1897. He was elected to the +academy in 1900, and received the ribbon of the Legion of Honour +in the next year. He acted as dramatic critic to the <i>Soleil</i>; +from 1892 he was literary critic to the <i>Revue bleue</i>; and in 1896 +took the place of M. Jules Lemaître on the <i>Journal des débats</i>. +Among his works are monographs on <i>Flaubert</i> (1899), <i>André +Chénier</i> (1902), <i>Zola</i> (1903); an admirably concise <i>Histoire de la +littérature française depuis le XVII<span class="sp">e</span> siècle jusqu’à nos jours</i>; +series of literary studies on the 17th, 18th and 19th centuries; +<i>Questions politiques</i> (1899); <i>Propos littéraires</i> (3 series, 1902-1905); +<i>Le Libéralisme</i> (1902); and <i>L’Anticléricalisme</i> (1906).</p> + +<div class="condensed"> +<p>See A. Séché, <i>Émile Faguet</i> (1904).</p> +</div> + + +<hr class="art" /> +<p><span class="bold">FA-HIEN<a name="ar149" id="ar149"></a></span> (fl. <span class="scs">A.D.</span> 399-414), Chinese Buddhist monk, pilgrim-traveller, +and writer, author of one of the earliest and most +valuable Chinese accounts of India. He started from Changgan +or Si-gan-fu, then the capital of the Tsin empire, and passing the +Great Wall, crossed the “River of Sand” or Gobi Desert beyond, +that home of “evil demons and hot winds,” which he vividly +describes,—where the only way-marks were the bones of the +dead, where no bird appeared in the air above, no animal on the +ground below. Arriving at Khotan, the traveller witnessed a +great Buddhist festival; here, as in Yarkand, Afghanistan and +other parts thoroughly Islamized before the close of the middle +ages, Fa-Hien shows us Buddhism still prevailing. India was +reached by a perilous descent of “ten thousand cubits” from the +“wall-like hills” of the Hindu Kush into the Indus valley (about +<span class="scs">A.D.</span> 402); and the pilgrim passed the next ten years in the +“central” Buddhist realm,—making journeys to Peshawur and +Afghanistan (especially the Kabul region) on one side, and to the +Ganges valley on another. His especial concern was the exploration +of the scenes of Buddha’s life, the copying of Buddhist +texts, and converse with the Buddhist monks and sages whom +the Brahmin reaction had not yet driven out. Thus we find him +at Buddha’s birthplace on the Kohana, north-west of Benares; +in Patna and on the Vulture Peak near Patna; at the Jetvana +monastery in Oudh; as well as at Muttra on the Jumna, at +Kanauj, and at Tamluk near the mouth of the Hugli. But now +the narrative, which in its earlier portions was primarily historical +and geographical, becomes mystical and theological; miracle-stories +and meditations upon Buddhist moralities and sacred +memories almost entirely replace matters of fact. From the +Ganges delta Fa-Hien sailed with a merchant ship, in fourteen +days, to Ceylon, where he transcribed all the sacred books, as yet +unknown in China, which he could find; witnessed the festival +of the exhibition of Buddha’s tooth; and remarked the trade of +Arab merchants to the island, two centuries before Mahomet. +He returned by sea to the mouth of the Yangtse-Kiang, changing +vessels at Java, and narrowly escaping shipwreck or the fate +of Jonah.</p> + +<p>Fa-Hien’s work is valuable evidence to the strength, and in +many places to the dominance, of Buddhism in central Asia +and in India at the time of the collapse of the Roman empire in +western Europe. His tone throughout is that of the devout, +learned, sensible, rarely hysterical pilgrim-traveller. His record +is careful and accurate, and most of his positions can be identified; +his devotion is so strong that it leads him to depreciate +China as a “border-land,” India the home of Buddha being the +true “middle kingdom” of his creed.</p> + +<p><span class="pagenum"><a name="page126" id="page126"></a>126</span></p> + +<div class="condensed"> +<p>See James Legge, <i>Record of Buddhistic Kingdoms, being an account +by the Chinese Monk Fâ-hien of his travels in India and Ceylon</i>; +translated and edited, with map, &c. (Oxford, 1886); S. Beal, +<i>Travels of Fah-Hian and Sung-Yun, Buddhist pilgrims from China +to India, 400 and 518 <span class="scs">A.D.</span></i>, translated, with map, &c. (1869); +C.R. Beazley, <i>Dawn of Modern Geography</i>, vol. i. (1897), pp. 478-485.</p> +</div> + + +<hr class="art" /> +<p><span class="bold">FAHLCRANTZ, CHRISTIAN ERIK<a name="ar150" id="ar150"></a></span> (1790-1866), Swedish +author, was born at Stora Tuna in Sweden on the 30th of August +1790. His brothers, Carl Johan (1774-1861), the landscape-painter, +and Axel Magnus (1780-1854), the sculptor, became +hardly less distinguished than himself. In 1804 he entered the +university of Upsala; in 1821 he became tutor in Arabic, and +in 1825 professor of Oriental languages. In 1828 he entered the +church, but earlier than this, in 1825, he published his <i>Noachs +Ark</i>, a successful satire on the literary and social life of his time, +followed in 1826 by a second part. In 1835 Fahlcrantz brought +out the first part of his epic of <i>Ansgarius</i>, which was completed +in 1846, in 14 cantos. In 1842 he was made a member of the +Swedish Academy, and in 1849 he was made bishop of Vesterås, +his next literary work being an archaeological study on the +beautiful ancient cathedral of his diocese. In the course of the +years 1858-1861 appeared the five volumes of his <i>Rom förr och +nu</i> (<i>Rome as it was and is</i>), a theological polemic, mainly directed +against the Jesuits. He died on the 6th of August 1866. His +complete works (7 vols., Örebro, 1863-1866) were issued mainly +under his own superintendence.</p> + + +<hr class="art" /> +<p><span class="bold">FAHRENHEIT, GABRIEL DANIEL<a name="ar151" id="ar151"></a></span> (1686-1736), German +physicist, was born at Danzig on the 14th of May 1686. For the +most part he lived in England and Holland, devoting himself +to the study of physics and making a living, apparently, by the +manufacture of meteorological instruments. He was the author +of important improvements in the construction of thermometers, +and he introduced the thermometric scale known by his name +and still extensively used in Great Britain and the United States +(see <span class="sc"><a href="#artlinks">Thermometry</a></span>). He also invented an improved form of +hygrometer, a description of which, together with accounts of +various observations and experiments made by him, was published +in the <i>Phil. Trans.</i> for 1724. He died in Holland on the +16th of September 1736.</p> + + +<hr class="art" /> +<p><span class="bold">FAIDHERBE, LOUIS LÉON CÉSAR<a name="ar152" id="ar152"></a></span> (1818-1889), French +general and colonial administrator, was born on the 3rd of +June 1818, at Lille, received his military education at the École +Polytechnique and at Metz, and entered the engineers in 1840. +From 1844 to 1847 he served in Algeria, then two years in the +West Indies, and again in Algeria, taking part in many expeditions +against the Arabs. In 1852 he was transferred to Senegal +as sub-director of engineers, and in 1854 was promoted <i>chef de +bataillon</i> and appointed governor of the colony. He held this +post with one brief interval until July 1865. The work he +accomplished in West Africa constitutes his most enduring +monument. At that time France possessed in Senegal little else +than the town of St Louis and a strip of coast. Explorers had, +however, made known the riches and possibilities of the Niger +regions, and Faidherbe formed the design of adding those +countries to the French dominions. He even dreamed of creating +a French African empire stretching from Senegal to the Red Sea. +To accomplish even the first part of his design he had very +inadequate resources, especially in view of the aggressive action +of Omar Al-Hadji, the Moslem ruler of the countries of the +middle Niger. By boldly advancing the French outposts on the +upper Senegal Faidherbe stemmed the Moslem advance, and by +an advantageous treaty with Omar in 1860 brought the French +possessions into touch with the Niger. He also brought into +subjection the country lying between the Senegal and Gambia. +When he resigned his post French rule had been firmly established +over a very considerable and fertile area and the foundation +laid upon which his successors built up the predominant position +occupied now by France in West Africa. In 1863 he became +general of brigade. From 1867 to the early part of 1870 he +commanded the subdivision of Bona in Algeria, and was commanding +the Constantine division at the commencement of the +Franco-German War. Promoted general of division in November +1870, he was on the 3rd of December appointed by the Government +of National Defence to be commander-in-chief of the army +of the North. In this post he showed himself to be possessed +of the highest military talents, and the struggle between the I. +German army and that commanded by Faidherbe, in which were +included the hard-fought battles of Pont Noyelles, Bapaume and +St Quentin, was perhaps the most honourable to the French army +in the whole of the People’s War. Even with the inadequate +force of which he disposed he was able to maintain a steady +resistance up to the end of the war. Elected to the National +Assembly for the department of the Nord, he resigned his seat +in consequence of its reactionary proceedings. For his services +he was decorated with the grand cross, and made chancellor +of the order of the Legion of Honour. In 1872 he went on a +scientific mission to Upper Egypt, where he studied the monuments +and inscriptions. An enthusiastic geographer, philologist +and archaeologist, he wrote numerous works, among which may +be mentioned <i>Collection des inscriptions numidiques</i> (1870), +<i>Épigraphie phénicienne</i> (1873), <i>Essai sur la langue poul</i> (1875), +and <i>Le Zénaga des tribes sénégalaises</i> (1877), the last a study of +the Berber language. He also wrote on the geography and +history of Senegal and the Sahara, and <i>La Campagne de l’armée du +Nord</i> (1872). He was elected a senator in 1879, and, in spite of +failing health, continued to the last a close student of his favourite +subjects. He died on the 29th of September 1889, and received +a public funeral. Statues and monuments to his memory were +erected at Lille, Bapaume, St Quentin and St Louis, Senegal.</p> + + +<hr class="art" /> +<p><span class="bold">FAIENCE<a name="ar153" id="ar153"></a></span>, properly the French term for the <i>porzellana di +Faenza</i>, a fine kind of glazed and painted earthenware made at +Faenza in Italy, hence a term applied generally to all kinds of +pottery other than unglazed pottery or porcelain. It is often +particularly applied to the translucent earthenware made in +Persia (see <span class="sc"><a href="#artlinks">Ceramics</a></span>).</p> + + +<hr class="art" /> +<p><span class="bold">FAILLY, PIERRE LOUIS CHARLES DE<a name="ar154" id="ar154"></a></span> (1810-1892), French +general, was born at Rozoy-sur-Serre (Aisne) on the 21st of +January 1810, and entered the army from St Cyr in 1828. In +1851 he had risen to the rank of colonel, and Napoleon III., +with whom he was a favourite, made him general of brigade in +1854 and general of division in 1855, after which for a time De +Failly was his aide-de-camp. In the war of 1859 De Failly +commanded a division, and in 1867 he defeated Garibaldi at +Mentana, this action being the first in which the chassepot was +used. In 1870 De Failly commanded the V. corps. His inactivity +at Bitsch on the 6th of August while the I. corps on his +right and the II. corps on his left were crushed at Wörth and +Spicheren respectively, gave rise to the greatest indignation in +France, and his military career ended, after the V. corps had been +severely handled at Beaumont on the 30th of August, with the +catastrophe of Sedan. The rest of his life was spent in retirement. +De Failly wrote <i>Campaigne de 1870, Opérations et marche du 5<span class="sp">me</span> +corps jusqu’au 30 août</i> (Brussels, 1871).</p> + + +<hr class="art" /> +<p><span class="bold">FAIN, AGATHON JEAN FRANÇOIS<a name="ar155" id="ar155"></a></span> (1778-1837), French +historian, was born in Paris on the 11th of January 1778. Having +gained admittance to the offices of the Directory, he became +head of a department. Under the Consulate he entered the +office of the secretary of state, in the department of the archives. +In 1806 he was appointed secretary and archivist to the <i>cabinet +particulier</i> of the emperor, whom he attended on his campaigns +and journeys. He was created a baron of the empire in 1809, +and, on the fall of Napoleon, was first secretary of the cabinet +and confidential secretary. Compelled by the second Restoration +to retire into private life, he devoted his leisure to writing the +history of his times, an occupation for which his previous employments +well fitted him. He published successively <i>Manuscrit de +1814, contenant l’histoire des six derniers mois du règne de Napoléon</i> +(1823; new edition with illustrations, 1906); <i>Manuscrit de +1813, contenant le précis des événements de cette année pour servir +à l’histoire de l’empereur Napoléon</i> (1824); <i>Manuscrit de 1812</i> +(1827); and <i>Manuscrit de l’an iii. (1794-1795), contenant les +premières transactions de l’Europe avec la république française et +le tableau des derniers événements du régime conventionnel</i> (1828), +all of which are remarkable for accuracy and wide range of +knowledge, and are a very valuable source for the history of +<span class="pagenum"><a name="page127" id="page127"></a>127</span> +Napoleon I. Of still greater importance for the history of +Napoleon are Fain’s <i>Mémoires</i>, which were published posthumously +in 1908; they relate more particularly to the last five +years of the empire, and give a detailed picture of the emperor at +work on his correspondence among his confidential secretaries. +Immediately after the overthrow of Charles X., King Louis +Philippe appointed Fain first secretary of his cabinet (August +1830). Fain was a member of the council of state and deputy +from Montargis from 1834 until his death, which occurred in +Paris on the 16th of September 1837.</p> + + +<hr class="art" /> +<p><span class="bold">FAIR,<a name="ar156" id="ar156"></a></span> a commercial institution, defined as a “greater species +of market recurring at more distant intervals”: both “fair” +and “market” (<i>q.v.</i>) have been distinguished by Lord Coke +from “mart,” which he considers as a greater species of fair; +and all three may be defined as periodic gatherings of buyers and +sellers in an appointed place, subject to special regulation by +law or custom. Thus in England from a strictly legal point of +view there can be no fair or market without a franchise; and a +franchise of fair or market can only be exercised by right of a +grant from the crown, or by the authority of parliament or by +prescription presupposing a grant. In the earliest times periodical +trading in special localities was necessitated by the difficulties of +communication and the dangers of travel. Public gatherings, +whether religious, military or judicial, which brought together +widely scattered populations, were utilized as opportunities for +commerce. At the festivals of Delos and at the Olympic games +trade, it is said, found important outlets, while in Etruria the +annual general assembly at the temple of Voltumna served at +the same time as a fair and was regularly attended by Roman +traders. Instances of a similar nature might be multiplied; +but it was above all with religious festivals which recurred with +regularity and convoked large numbers of persons that fairs, +as distinguished from markets, are most intimately associated.</p> + +<p>The most commonly accepted derivation of the word “fair” +is from the Latin <i>feria</i>, a name which the church borrowed from +Roman custom and applied to her own festivals. A fair was +generally held during the period of a saint’s feast and in the +precincts of his church or abbey, but in England this desecration +of church or churchyard was first forbidden by the Statute of +Winton (<i>c.</i> Edward I.). Most of the famous fairs of medieval +England and Europe, with their tolls or other revenues, and, +within certain limits of time and place, their monopoly of trade, +were grants from the sovereign to abbots, bishops and other +ecclesiastical dignitaries. Their “holy day” associations are +preserved in the German word for fairs, <i>Messen</i>; as also in the +<i>kirmiss</i>, “church mass,” of the people of Brittany. So very +intimate was the connexion between the fair and the feast of the +saint that the former has very commonly been regarded as an +off-shoot or development of the latter. But there is every reason +to suppose that fairs were already existing national institutions, +long before the church turned or was privileged to turn them to +her own profit.</p> + +<p>The first charter of the great fair of Stourbridge, near +Cambridge, was granted by King John for the maintenance of +a leper hospital; but the origin of the fair itself is ascribed +to Carausius, the rebel emperor of Britain, <span class="scs">A.D.</span> 207. At all +events, it may be seen from the <i>data</i> given in Herbert Spencer’s +<i>Descriptive Sociology</i> that the country had then arrived at the +stage of development where fairs might have been recognized as +a necessity. The Romans also appear to have elaborated a +market-law similar to that in force throughout medieval Europe—though +it must be observed that the Roman <i>nundinae</i>, which +some have regarded as fairs, were weekly markets. It has also +been supposed that the ancient fairs of Lyons were a special +privilege granted by the Roman conquerors; and Sidonius +Apollinaris, <span class="scs">A.D.</span> 427, alludes to the fairs of the district afterwards +known as the county of Champagne, as if they were then familiarly +known institutions. Fairs, in a word, would not only have arisen +naturally, wherever the means of communication between individual +centres of production and consumption were felt to be +inadequate to the demand for an interchange of commodities; +but, from their very nature, they might be expected to show +some essential resemblances, even in points of legislation, and +where no international transmission of custom could have been +possible. Thus, the fair courts of pre-Spanish Mexico corresponded +very closely to those of the Beaucaire fair. They +resembled the English courts of piepowder. The Spaniards, +when first they saw the Mexican fairs, were reminded of the like +institutions in Salamanca and Granada. The great fair or market +at the city of Mexico is said to have been attended by about +40,000 or 50,000 persons, and is thus described by Prescott:—</p> + +<div class="condensed"> +<p>“Officers patrolled the square, whose business it was to keep the +peace, to collect the dues imposed on the various kinds of merchandise, +to see that no false measures or fraud of any kind were used, +and to bring offenders at once to justice. A court of twelve judges +sat in one part of the <i>tianguez</i> clothed with those ample and +summary powers which, in despotic countries, are often delegated +even to petty tribunals. The extreme severity with which they +exercised those powers, in more than one instance, proves that they +were not a dead letter.”</p> +</div> + +<p>But notwithstanding the great antiquity of fairs, their charters +are comparatively modern—the oldest known being that of St +Denys, Paris, which Dagobert, king of the Franks, granted +(<span class="scs">A.D.</span> 642) to the monks of the place “for the glory of God, and +the honour of St Denys at his festival.”</p> + +<p>In England it was only after the Norman conquest that fairs +became of capital importance. Records exist of 2800 grants of +franchise markets and fairs between the years 1199 and 1483. +More than half of these were made during the reigns of John and +Henry III., when the power of the church was in ascendancy. +The first recorded grant, however, appears to be that of William +the Conqueror to the bishop of Winchester, for leave to hold +an annual “free fair” at St Giles’s hill. The monk who had been +the king’s jester received his charter of Bartholomew fair, +Smithfield, in the year 1133. And in 1248 Henry III. granted +a like privilege to the abbot of Westminster, in honour of the +“translation” of Edward the Confessor. Sometimes fairs were +granted to towns as a means for enabling them to recover from +the effects of war and other disasters. Thus, Edward III. +granted a “free fair” to the town of Burnley in Rutland, just +as, in subsequent times, Charles VII. favoured Bordeaux after +the English wars, and Louis XIV. gave fair charters to the +towns of Dieppe and Toulon. The importance attached to +these old fairs may be understood from the inducements which, +in the 14th century, Charles IV. held out to traders visiting the +great fair of Frankfort-on-Main. The charter declared that +both during the continuance of the fair, and for eighteen days +before and after it, merchants would be exempt from imperial +taxation, from arrest for debt, or civil process of any sort, except +such as might arise from the transactions of the market itself +and within its precincts. Philip of Valois’s regulations for the +fairs of Troyes in Champagne might not only be accepted as +typical of all subsequent fair-legislation of the kingdom, but +even of the English and German laws on the subject. The fair +had its staff of notaries for the attestation of bargains, its court +of justice, its police officers, its sergeants for the execution of the +market judges’ decrees, and its visitors—of whom we may mention +the <i>prud’hommes</i>,—whose duty it was to examine the quality of +goods exposed for sale, and to confiscate those found unfit for +consumption. The confiscation required the consent of five or +six representatives of the merchant community at the fair. +The effect of these great “free fairs” of England and the +continent on the development of society was indeed great. +They helped to familiarize the western and northern countries +with the banking and financial systems of the Lombards and +Florentines, who resorted to them under the protection of the +sovereign’s “firm peace,” and the ghostly terrors of the pope. +They usually became the seat of foreign agencies. In the names +of her streets Provins preserved the memory of her 12th-century +intercourse with the agents and merchants of Germany and the +Low Countries, and long before that time the Syrian traders at +St Denys had established their powerful association in Paris. +Like the church on the religious side, the free fairs on the commercial +side evoked and cherished the international spirit. And +during long ages, when commercial “protection” was regarded +<span class="pagenum"><a name="page128" id="page128"></a>128</span> +as indispensable to a nation’s wealth, and the merchant was +compelled to “fight his way through a wilderness of taxes,” +they were the sole and, so far as they went, the complete substitute +for the free trade of later days.</p> + +<p>Their privileges, however, were, from their very nature, +destined to grow more oppressive and intolerable the more +the towns were multiplied and the means of communication +increased. The people of London were compelled to close their +shops during the days when the abbot of Westminster’s fair was +open. But a more curious and complete instance of such an +ecclesiastical monopoly was that of the St Giles’s fair, at first +granted for the customary three days, which were increased by +Henry III. to sixteen. The bishop of Winchester was, as we +have seen, the lord of this fair. On the eve of St Giles’s feast +the magistrates of Winchester surrendered the keys of the city +gates to the bishop, who then appointed his own mayor, bailiff +and coroner, to hold office until the close of the fair. During the +same period, Winchester and Southampton also—though it was +then a thriving trading town—were forbidden to transact their +ordinary commercial business, except within the bishop’s fair, +or with his special permission. The bishop’s officers were posted +along the highways, with power to forfeit to his lordship all goods +bought and sold within 7 m. of the fair—in whose centre stood +“the pavilion,” or bishop’s court. It is clear, from the curious +record of the <i>Establishment and Expenses of the Household</i> of +Percy, 5th earl of Northumberland, that fairs were the chief +centres of country traffic even as late as the 16th century. They +began to decline rapidly after 1759, when good roads had been +constructed and canal communication established between Liverpool +and the towns of Yorkshire, Cheshire and Lancashire. In +the great towns their extinction was hastened in consequence of +their evil effects on public morals. All the London fairs were +abolished as public nuisances before 1855—the last year of the +ever famous fair of St Bartholomew; and the fairs of Paris were +swept away in the storm of the Revolution.</p> + +<p><i>English Fairs and Markets.</i>—For the general reasons apparent +from the preceding sketch, fairs in England, as in France and +Germany, have very largely given way to markets for specialities. +Even the live-stock market of the metropolis is being superseded +by the dead-meat market, a change which has been encouraged +by modern legislation on cattle disease, the movements of home +stock and the importation of foreign animals. Agricultural +markets are also disappearing before the “agencies” and the +corn exchanges in the principal towns. Still there are some +considerable fairs yet remaining. Of the English fairs for live +stock, those of Weyhill in Hampshire (October 10), St Faith’s, +near Norwich (October 17), as also several held at Devizes, +Wiltshire, are among the largest in the kingdom. The first named +stands next to none for its display of sheep. Horncastle, Lincolnshire, +is the largest horse fair in the kingdom, and is regularly +visited by American and continental dealers. The other leading +horse fairs in England are Howden in Yorkshire (well known for +its hunters), Woodbridge (on Lady Day) for Suffolk horses, Barnet +in Hertfordshire, and Lincoln. Exeter December fair has a +large display of cattle, horses and most kinds of commodities. +Large numbers of Scotch cattle are also brought to the fairs of +Carlisle and Ormskirk. Nottingham has a fair for geese. Ipswich +has a fair for lambs on the 1st of August, and for butter and +cheese on the 1st of September. Gloucester fair is also famous +for the last-named commodity. Falkirk fair, or tryst, for cattle +and sheep, is one of the largest in Scotland; and Ballinasloe, +Galway, holds a like position among Irish fairs. The Ballinasloe +cattle are usually fed for a year in Leinster before they are +considered fit for the Dublin or Liverpool markets.</p> + +<p><i>French Fairs.</i>—In France fairs and markets are held under +the authority of the prefects, new fairs and markets being established +by order of the prefects at the instance of the commune +interested. Before the Revolution fairs and markets could only +be established by <i>seigneurs justiciers</i>, but only two small markets +have survived the law of 1790 abolishing private ownership of +market rights, namely, the <i>Marché Ste Catherine</i> and the <i>Marché +des enfants rouges</i>, both in Paris. Under the present system +markets and fairs are held in most of the towns and villages in +France; and at all such gatherings entertainments form an +important feature. The great fair of Beaucaire instituted in +1168 has steadily declined since the opening of railway communication, +and now ranks with the fairs of ordinary provincial +towns. Situated at the junction of the Rhone and the Canal du +Midi, and less than 40 m. from the sea, it at one time attracted +merchants from Spain, from Switzerland and Germany, and +from the Levant and Mediterranean ports, and formed one of the +greatest temporary centres of commerce on the continent. One +trade firm alone, it is said, rarely did less than 1,000,000 francs +worth of business during the fortnight that the fair lasted.</p> + +<p><i>German Fairs.</i>—In Germany the police authorities are considered +the market authorities, and to them in most cases is +assigned the duty of establishing new fairs and markets, subject +to magisterial decision. The three great fairs of Germany are +those of Frankfort-on-Main, Frankfort-on-Oder and Leipzig, +but, like all the large fairs of Europe, they have declined rapidly +in importance. Those of Frankfort-on-Main begin on Easter +Tuesday and on the nearest Monday to September 8 respectively, +and their legal duration is three weeks, though the limit is regularly +extended. The fairs of the second-named city are <i>Reminiscere</i>, +February or March; <i>St Margaret</i>, July; <i>St Martin</i>, +November. Ordinarily they last fifteen days, which is double the +legal term. The greatest of the German fairs are those of Leipzig, +whose display of books is famous all over the world. Its three +fairs are dated January 1, Easter, Michaelmas. The Easter one +is the book fair, which is attended by all the principal booksellers +of Germany, and by many more from the adjoining countries. +Most German publishers have agents at Leipzig. As many as +5000 new publications have been entered in a single Leipzig +catalogue. As in the other instances given, the Leipzig fairs last +for three weeks, or nearly thrice their allotted duration. Here no +days of grace are allowed, and the holder of a bill must demand +payment when due, and protest, if necessary, on the same day, +otherwise he cannot proceed against either drawer or endorser.</p> + +<p><i>Russian Fairs.</i>—In Russia fairs are held by local authorities. +Landed proprietors may also hold fairs on their estates subject +to the sanction of the local authorities; but no private tolls +may be levied on commodities brought to such fairs. In Siberia +and the east of Russia, where more primitive conditions foster +such centres of trade, fairs are still of considerable importance. +Throughout Russia generally they are very numerous. The +most important, that of Nijni Novgorod, held annually in July +and August at the confluence of the rivers Volga and Kama, +was instituted in the 17th century by the tsar Michael Fedorovitch. +In 1881 it was calculated that trade to the value of +246,000,000 roubles was carried on within the limits of the fair. +It still continues to be of great commercial importance, and is +usually attended by upwards of 100,000 persons from all parts +of Asia and eastern Europe. Other fairs of consequence are +those of Irbit in Perm, Kharkoff (January and August), Poltava +(August and February), Koreunais in Koursk, Ourloupinsknia +in the Don Cossack country, Krolevetz in Tchernigoff, and a +third fair held at Poltava on the feast of the Ascension.</p> + +<p><i>Indian Fairs.</i>—The largest of these, and perhaps the largest +in Asia, is that of Hurdwar, on the upper course of the Ganges. +The visitors to this holy fair number from 200,000 to 300,000; +but every twelfth year there occurs a special pilgrimage to the +sacred river, when the numbers may amount to a million or +upwards. Those who go solely for the purposes of trade are +Nepalese, Mongolians, Tibetans, central Asiatics and Mahommedan +pedlars from the Punjab, Sind and the border states. +Persian shawls and carpets, Indian silks, Kashmir shawls, cottons +(Indian and English), preserved fruits, spices, drugs, &c. , together +with immense numbers of cattle, horses, sheep and camels, are +brought to this famous fair.</p> + +<p><i>American Fairs.</i>—The word “fair,” as now used in the United +States, appears to have completely lost its Old World meaning. +It seems to be exclusively applied to industrial exhibitions and +to what in England are called fancy bazaars. Thus, during the +Civil War, large sums were collected at the “sanitary fairs,” +<span class="pagenum"><a name="page129" id="page129"></a>129</span> +for the benefit of the sick and wounded. To the first-named class +belong the state and county fairs, as they are called. Among the +first and best-known of these was the “New York World’s Fair,” +opened in 1853 by a company formed in 1851. (See <span class="sc"><a href="#artlinks">Exhibition</a></span>.)</p> + +<div class="condensed"> +<p><i>Law of Fairs.</i>—As no market or fair can be held in England +without a royal charter, or right of prescription, so any person +establishing a fair without such sanction is liable to be sued under +a writ of <i>Quo warranto</i>, by any one to whose property the said +market may be injurious. Nor can a fair or market be legally held +beyond the time specified in the grant; and by 5 Edward III. c. 5 +(1331) a merchant selling goods after the legal expiry of the fair +forfeited double their value. To be valid, a sale must take place in +“market-overt” (open market); “it will not be binding if it carries +with it a presumption of fraudulence.” These regulations satisfied, +the sale “transfers a complete property in the thing sold to the +vendee; so that however injurious or illegal the title of the vendor +may be, yet the vendee’s is good against all men except the king.” +(In Scottish law, the claims of the real owner would still remain +valid.) However, by 21 Henry VIII. c. 2 (1529) it was enacted that, +“if any felon rob or take away money, goods, or chattels, and be +indicted and found guilty, or otherwise attainted upon evidence +given by the owner or party robbed, or by any other by their procurement, +the owner or party robbed shall be restored to his money, +goods or chattels,” but only those goods were restored which were +specified in the indictment, now could the owner recover from a +<i>bona fide</i> purchaser in market-overt who had sold the goods before +conviction. For obvious reasons the rules of market-overt were +made particularly stringent in the case of horses. Thus, by 2 +Philip & Mary c. 7 (1555) and 31 Eliz. c. 12 (1589) no sale of a +horse was legal which had not satisfied the following conditions;—Public +exposure of the animal for at least an hour between sunrise +and sunset; identification of the vendor by the market officer, or +guarantee for his honesty by “one sufficient and credible person”; +entry of these particulars, together with a description of the animal, +and a statement of the price paid for it, in the market officer’s book. +Even if his rights should have been violated in spite of all these +precautions, the lawful owner could recover, if he claimed within +six months, produced witnesses, and tendered the price paid to the +vendor. Tolls were not a “necessary incident” of a fair—<i>i.e.</i> they +were illegal unless specially granted in the patent, or recognized by +custom. As a rule, they were paid only by the vendee, and to the +market clerk, whose record of the payment was an attestation to +the genuineness of the purchase. By 2 & 3 Philip & Mary c. 7 +every lord of a fair entitled to exact tolls was bound to appoint a +clerk to collect and enter them. It was also this functionary’s +business to test measures and weights. Tolls, again, are sometimes +held to include “stallage” and “picage,” which mean respectively +the price for permission to erect stalls and to dig holes for posts in +the market grounds. But toll proper belongs to the lord of the +market, whereas the other two are usually regarded as the property +of the lord of the soil. The law also provided that stallage might +be levied on any house situated in the vicinity of a market, and kept +open for business during the legal term of the said market. Among +modern statutes, one of the chief is the Markets and Fairs Clauses +Act 1847, the chief purpose of which was to consolidate previous +measures. By the act no proprietors of a new market were permitted +to let stallages, take tolls, or in any way open their ground +for business, until two justices of the peace certified to the completion +of the fair or market. After the opening of the place for public use, +no person other than a licensed hawker may sell anywhere within +the borough, his own house or shop excepted, any articles in respect +of which tolls are legally exigible in the market. A breach of this +provision entails a penalty of forty shillings. Vendors of unwholesome +meat are liable to a penalty of £5 for each offence; and the +“inspectors of provisions” have full liberty to seize the goods and +institute proceedings against the owners. They may also enter “at +all times of the day, with or without assistance,” the slaughter-house +which the undertaker of the market may, by the special act, have +been empowered to construct. For general sanitary reasons, +persons are prohibited from killing animals anywhere except in +these slaughter-houses. Again, by the Fairs Act 1873, times of +holding fairs are determined by the secretary of state; while the +Fairs Act 1871 empowers him to abolish any fair on the representation +of the magistrate and with the consent of the owner. The +preamble of the act states that many fairs held in England and Wales +are both unnecessary and productive of “grievous immorality.”</p> + +<p><i>The Fair Courts.</i>—The piepowder courts, the lowest but most +expeditious courts of justice in the kingdom, as Chitty calls them, +were very ancient. The Conqueror’s law <i>De Emporiis</i> shows their +pre-existence in Normandy. Their name was derived from <i>pied +poudreux</i>, <i>i.e.</i> “dusty-foot.”<a name="fa1r" id="fa1r" href="#ft1r"><span class="sp">1</span></a> The lord of the fair or his representative +was the presiding judge, and usually he was assisted by a jury +of traders chosen on the spot. Their jurisdiction was limited by +the legal time and precincts of the fair, and to disputes about +contracts, “slander of wares,” attestations, the preservation of +order, &c.</p> + +<p><i>Authorities.</i>—See Herbert Spencer’s <i>Descriptive Sociology</i> (1873), +especially the columns and paragraphs on “Distribution”; Prescott’s +<i>History of Mexico</i>, for descriptions of fairs under the Aztecs; +Giles Jacob’s <i>Law Dictionary</i> (London, 1809); Joseph Chitty’s +<i>Treatise on the Law of Commerce and Manufactures</i>, vol. ii. chap. 9 +(London, 1824); Holinshed’s and Grafton’s <i>Chronicles</i>, for lists, &c. , +of English fairs; Meyer’s <i>Das grosse Conversations-Lexicon</i> (1852), +under “Messen”; article “Foire” in Larousse’s <i>Dictionnaire +universelle du XIX<span class="sp">e</span> siècle</i> (Paris, 1866-1874), and its references +to past authorities; and especially, the second volume, commercial +series, of the <i>Encyclopédie méthodique</i> (Paris, 1783); M’Culloch’s +<i>Dictionary of Commerce</i> (1869-1871); Wharton’s <i>History of English +Poetry</i>, pp. 185, 186 of edition of 1870 (London, Murray & Son), for +a description of the Winchester Fair, &c. ; a note by Professor Henry +Morley in p. 498, vol. vii. <i>Notes and Queries</i>, second series; the same +author’s unique <i>History of the Fair of St Bartholomew</i> (London, 1859); +Wharton’s <i>Law Lexicon</i> (Will’s edition, London, 1876); P. Huvelin’s +<i>Essai historique sur le droit des marchés et des foires</i> (Paris, 1897); +<i>Report of the Royal Commission on Market Rights and Tolls</i>, vols. i. +(1889), xiv. (1891); <i>Final Report</i> (1891); Walford’s <i>Fairs, Past +and Present</i> (1883); <i>The Law relating to Markets and Fairs</i>, by +Pease and Chitty (London, 1899).</p> +</div> +<div class="author">(J. Ma.; Ev. C.*)</div> + +<hr class="foot" /> <div class="note"> + +<p><a name="ft1r" id="ft1r" href="#fa1r"><span class="fn">1</span></a> In Med. Lat. <i>pede-pulverosus</i> meant an itinerant merchant or +pedlar. In Scots borough law “marchand travelland” and “dusty +fute” are identical.</p> +</div> + + +<hr class="art" /> +<p><span class="bold">FAIRBAIRN, ANDREW MARTIN<a name="ar157" id="ar157"></a></span> (1838-  ), British Nonconformist +divine, was born near Edinburgh on the 4th of +November 1838. He was educated at the universities of Edinburgh +and Berlin, and at the Evangelical Union Theological +Academy in Glasgow. He entered the Congregational ministry +and held pastorates at Bathgate, West Lothian and at Aberdeen. +From 1877 to 1886 he was principal of Airedale College, Bradford, +a post which he gave up to become the first principal of Mansfield +College, Oxford. In the transference to Oxford under that name +of Spring Hill College, Birmingham, he took a considerable part, +and he has exercised influence not only over generations of his +own students, but also over a large number of undergraduates +in the university generally. He was granted the degree of M.A. +by a decree of Convocation, and in 1903 received the honorary +degree of doctor of literature. He was also given the degrees of +doctor of divinity of Edinburgh and Yale, and doctor of laws +of Aberdeen. His activities were not limited to his college work. +He delivered the Muir lectures at Edinburgh University (1878-1882), +the Gifford lectures at Aberdeen (1892-1894), the Lyman +Beecher lectures at Yale (1891-1892), and the Haskell lectures +in India (1898-1899). He was a member of the Royal Commission +of Secondary Education in 1894-1895, and of the Royal +Commission on the Endowments of the Welsh Church in 1906. In +1883 he was chairman of the Congregational Union of England +and Wales. He is a prolific writer on theological subjects. He +resigned his position at Mansfield College in the spring of 1909.</p> + +<div class="condensed"> +<p>Among his works are:—<i>Studies in the Philosophy of Religion and +History</i> (1876); <i>Studies in the Life of Christ</i> (1881); <i>Religion in +History and in Modern Life</i> (1884; rev. 1893); <i>Christ in Modern +Theology</i> (1893); <i>Christ in the Centuries</i> (1893); <i>Catholicism Roman +and Anglican</i> (1899); <i>Philosophy of the Christian Religion</i> (1902); +<i>Studies in Religion and Theology</i> (1909).</p> +</div> + + +<hr class="art" /> +<p><span class="bold">FAIRBAIRN, SIR WILLIAM<a name="ar158" id="ar158"></a></span>, Bart. (1789-1874), Scottish +engineer, was born on the 19th of February 1789 at Kelso, +Roxburghshire, where his father was a farm-bailiff. In 1803 +he obtained work at three shillings a week as a mason’s labourer +on the bridge then being built by John Rennie at Kelso; but +within a few days he was incapacitated by an accident. Later +in the same year, his father having been appointed steward on a +farm connected with Percy Main Colliery near North Shields, +he obtained employment as a carter in connexion with the +colliery. In March 1804 he was bound an apprentice to a millwright +at Percy Main, and then found time to supplement the +deficiencies of his early education by systematic private study. +It was at Percy Main that he made the acquaintance of George +Stephenson, who then had charge of an engine at a neighbouring +colliery. For some years subsequent to the expiry of his apprenticeship +in 1811, he lived a somewhat roving life, seldom remaining +long in one place and often reduced to very hard straits before +he got employment. But in 1817 he entered into partnership +with a shopmate, James Lillie, with whose aid he hired an old +shed in High Street, Manchester, where he set up a lathe and +began business. The firm quickly secured a good reputation, +<span class="pagenum"><a name="page130" id="page130"></a>130</span> +and the improvements in mill-work and water-wheels introduced +by Fairbairn caused its fame to extend beyond Manchester to +Scotland and even the continent of Europe. The partnership +was dissolved in 1832.</p> + +<p>In 1830 Fairbairn had been employed by the Forth and Clyde +Canal Company to make experiments with the view of determining +whether it were possible to construct steamers capable of +traversing the canal at a speed which would compete successfully +with that of the railway; and the results of his investigation +were published by him in 1831, under the title <i>Remarks on Canal +Navigation</i>. His plan of using iron boats proved inadequate +to overcome the difficulties of this problem, but in the development +of the use of this material both in the case of merchant +vessels and men-of-war he took a leading part. In this way +also he was led to pursue extensive experiments in regard to +the strength of iron. In 1835 he established, in connexion with +his Manchester business, a shipbuilding yard at Millwall, London, +where he constructed several hundred vessels, including many +for the royal navy; but he ultimately found that other engagements +prevented him from paying adequate attention to the +management, and at the end of fourteen years he disposed of the +concern at a great loss. In 1837 he was consulted by the sultan +of Turkey in regard to machinery for the government workshops +at Constantinople. In 1845 he was employed, in conjunction +with Robert Stephenson, in constructing the tubular railway +bridges across the Conway and Menai Straits. The share he had +in the undertaking has been the subject of some dispute; his +own version is contained in a volume he published in 1849, <i>An +Account of the Construction of the Britannia and Conway Tubular +Bridges</i>. In 1849 he was invited by the king of Prussia to submit +designs for the construction of a bridge across the Rhine, but +after various negotiations, another design, by a Prussian engineer, +which was a modification of Fairbairn’s, was adopted. Another +matter which engaged much of Fairbairn’s attention was steam +boilers, in the construction of which he effected many improvements. +Amid all the cares of business he found time for varied +scientific investigation. In 1851 his fertility and readiness of +invention greatly aided an inquiry carried out at his Manchester +works by Sir William Thomson (Lord Kelvin) and J.P. Joule, +at the instigation of William Hopkins, to determine the melting +points of substances under great pressure; and from 1861 to +1865 he was employed to guide the experiments of the government +committee appointed to inquire into the “application of +iron to defensive purposes.” He died at Moor Park, Surrey, +on the 18th of August 1874. Fairbairn was a member of many +learned societies, both British and foreign, and in 1861 served +as president of the British Association. He declined a knighthood, +in 1861, but accepted a baronetcy in 1869.</p> + +<p>His youngest brother, <span class="sc">Sir Peter Fairbairn</span> (1799-1861), +founded a large machine manufacturing business in Leeds. +Starting on a small scale with flax-spinning machinery, he +subsequently extended his operations to the manufacture of +textile machinery in general, and finally to that of engineering +tools. He was knighted in 1858.</p> + +<div class="condensed"> +<p>See <i>The Life of Sir William Fairbairn</i>, partly written by himself +and edited and completed by Dr William Pole (1877).</p> +</div> + +<hr class="art" /> + + + + + + + + + +<pre> + + + + + +End of the Project Gutenberg EBook of Encyclopaedia Britannica, 11th +Edition, Volume 10, Slice 1, by Various + +*** END OF THIS PROJECT GUTENBERG EBOOK ENCYC. 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You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: Encyclopaedia Britannica, 11th Edition, Volume 10, Slice 1 + "Evangelical Church Conference" to "Fairbairn, Sir William" + +Author: Various + +Release Date: July 14, 2011 [EBook #36735] + +Language: English + +Character set encoding: ASCII + +*** START OF THIS PROJECT GUTENBERG EBOOK ENCYC. BRITANNICA, VOL 10, SL 1 *** + + + + +Produced by Marius Masi, Don Kretz and the Online +Distributed Proofreading Team at https://www.pgdp.net + + + + + + + + + +Transcriber's notes: + +(1) Numbers following letters (without space) like C2 were originally + printed in subscript. Letter subscripts are preceded by an + underscore, like C_n. + +(2) Characters following a carat (^) were printed in superscript. + +(3) Side-notes were relocated to function as titles of their respective + paragraphs. + +(4) Macrons and breves above letters and dots below letters were not + inserted. + +(5) [root] stands for the root symbol; [alpha], [beta], etc. for greek + letters. + +(6) The following typographical errors have been corrected: + + ARTICLE EVELYN, JOHN: "He was admitted to the Middle Temple in + February 1637, and in May he became a fellow commoner of Balliol + College, Oxford." 'he' amended from 'be'. + + ARTICLE EVOLUTION: "The supposition that sensation thus rests on a + material process of absorption from external bodies naturally led + up to the idea that plants and even inorganic substances are + precipient, and so to an indistinct recognition of organic life as + a scale of intelligence." 'substances' amended from 'subtances'. + + ARTICLE EVOLUTION: "The conception of evolution was henceforward + irrepressible, and it incessantly reappears, in one shape or + another, up to the year 1858, when Charles Darwin and A.R. Wallace + published their Theory of Natural Selection." 'irrepressible' + amended from 'irrespressible'. + + ARTICLE EVOLUTION: "And those of the eighth group are not only + unintelligible without the assumption of evolution, but can be + proved never to be discordant with that hypothesis, while, in some + cases, they are exactly such as the hypothesis requires." + 'unintelligible' amended from 'unin-intelligible'. + + ARTICLE EVORA: "From 1663 to 1665 it was held by the Spaniards. In + 1832 Dom Miguel, retreating before Dom Pedro, took refuge in Evora; + and here was signed the convention of Evora, by which he was + banished." 'From' amended from 'Fom'. + + ARTICLE EWING, JULIANA HORATIA ORR: "From this time until her death + (13th May 1885), previously to which she had been a constant + invalid, Mrs Ewing produced a number of charming children's + stories." 'May' amended from 'may'. + + ARTICLE EXAMINATIONS: "In many universities of the United States + there is a definite understanding that emoluments shall only be + accepted by those needing them." 'In' amended from 'It'. + + ARTICLE EXECUTION: "There may still be imprisonment in England, + under the writ--rarely used in practice--ne exeat regno, which + issues to prevent a debtor from leaving the kingdom." 'kingdom' + amended from 'kindgom'. + + ARTICLE EXECUTION: "Under the German Code of Civil Procedure (Arts. + 796 et seq.), both the goods and (if the goods do not offer + adequate security) the person of the debtor may be seized (the + process is called arrest) as a guarantee of payment." 'Procedure' + amended from 'Prodecure'. + + ARTICLE EZRA, THIRD BOOK OF: "The Apocalypse is called 1 Esdras, + our author 2 Esdras, and Ezra and Nehemiah 3 Esdras, or 3 and 4 + Esdras." 'Apocalypse' amended from 'Apocalyspe'. + + ARTICLE EZRA AND NEHEMIAH, BOOKS OF: "It is difficult to follow its + progress clearly, and the account ceases abruptly in. vi. 17-19 + with the notice of the conspiracy of Tobiah and the nobles of + Judah." 'progress' amended from 'progrees'. + + + + + THE + + ENCYCLOPAEDIA BRITANNICA + + ELEVENTH EDITION + + + + + FIRST edition, published in three volumes, 1768-1771. + SECOND " " ten " 1777-1784. + THIRD " " eighteen " 1788-1797. + FOURTH " " twenty " 1801-1810. + FIFTH " " twenty " 1815-1817. + SIXTH " " twenty " 1823-1824. + SEVENTH " " twenty-one " 1830-1842. + EIGHTH " " twenty-two " 1853-1860. + NINTH " " twenty-five " 1875-1889. + TENTH " ninth edition and eleven + supplementary volumes, 1902-1903. + ELEVENTH " published in twenty-nine volumes, 1910-1911. + + + COPYRIGHT + + in all countries subscribing to the Bern Convention + + by + + THE CHANCELLOR, MASTERS AND SCHOLARS + of the + UNIVERSITY OF CAMBRIDGE + + + _All rights reserved_ + + + + + THE + + ENCYCLOPAEDIA BRITANNICA + + A DICTIONARY OF + ARTS, SCIENCES, LITERATURE AND GENERAL INFORMATION + + ELEVENTH EDITION + + + VOLUME X + EVANGELICAL CHURCH to FRANCIS JOSEPH + + New York + + Encyclopaedia Britannica, Inc. + 342 Madison Avenue + + + Copyright, in the United States of America, 1910, + by + The Encyclopaedia Britannica Company. + + + VOLUME X, SLICE I + + Evangelical Church Conference to Fairbairn, Sir William + + + + +ARTICLES IN THIS SLICE: + + + EVANGELICAL CHURCH CONFERENCE EXPULSION + EVANGELICAL UNION EXTENSION + EVANS, CHRISTMAS EXTENUATING CIRCUMSTANCES + EVANS, EVAN HERBER EXTERRITORIALITY + EVANS, SIR GEORGE DE LACY EXTORTION + EVANS, SIR JOHN EXTRACT + EVANS, OLIVER EXTRADITION + EVANSON, EDWARD EXTRADOS + EVANSTON EXTREME UNCTION + EVANSVILLE EYBESCHUTZ, JONATHAN + EVARISTUS EYCK, VAN + EVARTS, WILLIAM MAXWELL EYE (English town) + EVE EYE (organ) + EVECTION EYEMOUTH + EVELETH EYLAU + EVELYN, JOHN EYRA + EVERDINGEN, ALLART VAN EYRE, EDWARD JOHN + EVEREST, SIR GEORGE EYRE, SIR JAMES + EVEREST, MOUNT EYRIE + EVERETT, ALEXANDER HILL EZEKIEL + EVERETT, CHARLES CARROLL EZRA + EVERETT, EDWARD EZRA, THIRD BOOK OF + EVERETT (Massachusetts, U.S.A.) EZRA, FOURTH BOOK OF + EVERETT (Washington, U.S.A.) EZRA AND NEHEMIAH, BOOKS OF + EVERGLADES EZZO + EVERGREEN EZZOLIED + EVERLASTING F + EVERSLEY, CHARLES SHAW LEFEVRE FABBRONI, ANGELO + EVESHAM FABER + EVIDENCE FABER, BASIL + EVIL EYE FABER, FREDERICK WILLIAM + EVOLUTION FABER, JACOBUS + EVORA FABER, JOHANN + EVREUX FABERT, ABRAHAM DE + EWALD, GEORG HEINRICH AUGUST VON FABIAN, SAINT + EWALD, JOHANNES FABIUS + EWART, WILLIAM FABIUS PICTOR, QUINTUS + EWE FABLE + EWELL, RICHARD STODDERT FABLIAU + EWING, ALEXANDER FABRE, FERDINAND + EWING, JULIANA HORATIA ORR FABRE D'EGLANTINE, FRANCOIS NAZAIRE + EWING, THOMAS FABRETTI, RAPHAEL + EXAMINATIONS FABRIANI, SEVERINO + EXARCH FABRIANO + EXCAMBION FABRICIUS, GAIUS LUSCINUS + EXCELLENCY FABRICIUS, GEORG + EXCHANGE FABRICIUS, HIERONYMUS + EXCHEQUER FABRICIUS, JOHANN ALBERT + EXCISE FABRICIUS, JOHANN CHRISTIAN + EXCOMMUNICATION FABRIZI, NICOLA + EXCRETION FABROT, CHARLES ANNIBAL + EXECUTION FABYAN, ROBERT + EXECUTORS AND ADMINISTRATORS FACADE + EXEDRA FACCIOLATI, JACOPO + EXELMANS, RENE JOSEPH ISIDORE FACE + EXEQUATUR FACTION + EXETER, EARL, MARQUESS & DUKE OF FACTOR + EXETER (England) FACTORY ACTS + EXETER (New Hampshire, U.S.A.) FACULA + EXETER BOOK FACULTY + EXHIBITION FAED, THOMAS + EXHUMATION FAENZA + EXILARCH FAEROE + EXILE FAESULAE + EXILI FAFNIR + EXMOOR FOREST FAGGING + EXMOUTH, EDWARD PELLEW FAGGOT + EXMOUTH FAGNIEZ, GUSTAVE CHARLES + EXODUS, BOOK OF FAGUET, EMILE + EXODUS, THE FA-HIEN + EXOGAMY FAHLCRANTZ, CHRISTIAN ERIK + EXORCISM FAHRENHEIT, GABRIEL DANIEL + EXORCIST FAIDHERBE, LOUIS LEON CESAR + EXOTIC FAIENCE + EXPATRIATION FAILLY, PIERRE LOUIS CHARLES DE + EXPERT FAIN, AGATHON JEAN FRANCOIS + EXPLOSIVES FAIR + EXPRESS FAIRBAIRN, ANDREW MARTIN + EXPROPRIATION FAIRBAIRN, SIR WILLIAM + + + + +INITIALS USED IN VOLUME X. TO IDENTIFY INDIVIDUAL CONTRIBUTORS,[1] WITH +THE HEADINGS OF THE ARTICLES IN THIS VOLUME SO SIGNED. + + +A. B. R. + ALFRED BARTON RENDLE, M.A., D.SC, F.R.S., F.L.S. + Keeper, Department of Botany, British Museum. Author of _Text Book + on Classification of Flowering Plants_; &c. + + Flower. + +A. D. + AUSTIN DOBSON, LL.D. + See the biographical article: DOBSON, H. AUSTIN. + + Fielding, Henry. + +A. F. B. + ALDRED FARRER BARKER, M.SC. + Professor of Textile Industries at Bradford Technical College. + + Felt. + +A. F. P. + ALBERT FREDERICK POLLARD, M.A., F.R.HIST.SOC. + Professor of English History in the University of London. Fellow + of All Souls' College, Oxford. Assistant Editor of the _Dictionary + of National Biography_, 1893-1901. Lothian Prizeman, Oxford, 1892; + Arnold Prizeman, 1898. Author of _England under Protector + Somerset_; _Henry VIII._; _Life of Thomas Cranmer_; &c. + + Ferrar, Bishop; + Fox, Edward; + Fox, Richard. + +A. G. + MAJOR ARTHUR GEORGE FREDERICK GRIFFITHS (d. 1908). + H.M. Inspector of Prisons, 1878-1896. Author of _The Chronicles of + Newgate_; _Secrets of the Prison House_; &c. + + Finger Prints. + +A. Go.* + REV. ALEXANDER GORDON, M.A. + Lecturer on Church History in the University of Manchester. + + Faber, Basil, Jacobus and Johann; + Familists; + Farel, G.; + Flacius. + +A. H.-S. + SIR A. HOUTUM-SCHINDLER, C.I.E. + General in the Persian Army. Author of _Eastern Persian Irak_. + + Fars; + Firuzabad. + +A. L. + ANDREW LANG. + See the biographical article: LANG, ANDREW. + + Fairy; + Family. + +A. L. B. + ALFRED LYS BALDRY. + Art Critic of the _Globe_, 1893-1908. Author of _Modern Mural + Decoration_ and biographies of Albert Moore, Sir H. von Herkomer, + R.A., Sir J. E. Millais, P.R.A., Marcus Stone, R.A., and G. H. + Boughton, R.A. + + Fortuny. + +A. N. + ALFRED NEWTON, F.R.S. + See the biographical article: NEWTON, ALFRED. + + Falcon; + Fieldfare; + Finch; + Flycatcher; + Fowl. + +A. S. + ARTHUR SMITHELLS, F.R.S. + Professor of Chemistry in the University of Leeds. Author of + Scientific Papers on Flame and Spectrum Analysis. + + Flame. + +A. M. C. + AGNES MARY CLERKE. + See the biographical article: CLERKE, A. M. + + Flamsteed. + +A. W. + ARTHUR WATSON. + Secretary in the Academic Department, University of London. + + Examinations (_in part_). + +A. W. R. + ALEXANDER WOOD RENTON, M.A., LL.B. + Puisne Judge of the Supreme Court of Ceylon. Editor of + _Encyclopaedia of the Laws of England_. + + Fixtures; + Flat. + +A. W. W. + ADOLPHUS WILLIAM WARD, D.LITT., LL.D. + See the biographical article: WARD, A. W. + + Foote, Samuel; + Ford, John. + +C. El. + SIR CHARLES NORTON EDGCUMBE ELIOT, K.C.M.G., C.B., M.A., LL.D., D.C.L. + Vice-Chancellor of Sheffield University. Formerly Fellow of + Trinity College, Oxford. H.M.'s Commissioner and + Commander-in-Chief for the British East Africa Protectorate; Agent + and Consul-General at Zanzibar; Consul-General for German East + Africa, 1900-1904. + + Finno-Ugrian. + +C. F. B. + CHARLES FRANCIS BASTABLE, M.A., LL.D. + Regius Professor of Laws and Professor of Political Economy in the + University of Dublin. Author of _Public Finance_; _Commerce of + Nations_; _Theory of International Trade_; &c. + +Finance. + +C. F. C. + C. F. CROSS, B.SC. (Lond.), F.C.S. F.I.C. + Analytical and Consulting Chemist. + + Fibres. + +C. F. R. + CHARLES FRANCIS RICHARDSON, A.M., PH.D. + Professor of English at Dartmouth College, Hanover, New Hampshire, + U.S.A. Author of _A Story of English Rhyme_; _A History of + American Literature_; &c. + + Fiske, John. + +C. H. T.* + CRAWFORD HOWELL TOY, A.M. + See the biographical article: TOY, CRAWFORD HOWELL. + + Ezekiel. + +C. J. + CHARLES JOHNSON, M.A. + Clerk in H.M. Public Record Office. Joint Editor of the _Domesday + Survey_ for the _Victoria County History: Norfolk_. + + Exchequer (_in part_). + +C. J. B. M. + CHARLES JOHN BRUCE MARRIOTT, M.A. + Clare College, Cambridge. Secretary of the Rugby Football Union. + + Football: _Rugby_ (_in part_). + +C. J. N. F. + CHARLES JAMES NICOL FLEMING. + H.M. Inspector of Schools, Scotch Education Department. + + Football: _Rugby_ (_in part_). + +C. L. K. + CHARLES LETHBRIDGE KINGSFORD, M.A., F.R.HIST.SOC., F.S.A. + Assistant Secretary to the Board of Education. Author of _Life of + Henry V._ Editor of _Chronicles of London_ and Stow's _Survey of + London_. + + Fabyan; + Fastolf. + +C. P. I. + SIR COURTENAY PEREGRINE ILBERT, K.C.B., K.C.S.I., C.I.E. + Clerk of the House of Commons. Chairman of Statute Law Committee. + Parliamentary Counsel to the Treasury, 1899-1901. Legal Member of + Council of Governor-General of India, 1882-1886; President, 1886. + Fellow of the British Academy. Formerly Fellow and Tutor of + Balliol College, Oxford. Author of _The Government of India_; + _Legislative Method and Forms_. + + Evidence. + +C. W. A. + CHARLES WILLIAM ALCOCK. (d. 1907). + Formerly Secretary of the Football Association, London. + + Football: _Association_ (_in part_). + +D. H. + DAVID HANNAY. + Formerly British Vice-Consul at Barcelona. Author of _Short + History of the Royal Navy_; _Life of Emilio Castelar_; &c. + + First of June, Battle of the; + Fox, Charles James. + +D. Mn. + REV. DUGALD MACFADYEN, M.A. + Minister of South Grove Congregational Church, Highgate. Director + of the London Missionary Society. + + Excommunication. + +D. N. P. + DIARMID NOEL PATON, M.D., F.R.C.P. (Edin.). + Regius Professor of Physiology in the University of Glasgow. + Formerly Superintendent of Research Laboratory of Royal College of + Physicians, Edinburgh. Biological Fellow of Edinburgh University, + 1884. Author of _Essentials of Human Physiology_; &c. + + Fever. + +D. S. M.* + DAVID SAMUEL MARGOLIOUTH, M.A., D.LITT. + Laudian Professor of Arabic, Oxford. Fellow of New College. Author + of _Arabic _Papyri of the Bodleian Library_; _Mohammed and the + Rise of Islam_; _Cairo, Jerusalem_ and Damascus_. + + Fatimites. + +E. B. + EDWARD BRECK, M.A., PH.D. + Formerly Foreign Correspondent of the _New York Herald_ and the + _New York Times_. Author of _Fencing_; _Wilderness Pets_; + _Sporting in Nova Scotia_; &c. + + Foil-fencing; + Football: _American_ (_in part_). + +E. Ca. + EGERTON CASTLE, M.A., F.S.A. + Trinity College, Cambridge. Author of _Schools and Masters of + Fence_; &c. + + Fencing. + +Ed. C.* + THE HON. EDWARD EVAN CHARTERIS. + Barrister-at-Law, Inner Temple. + + Fair (_in part_). + +E. C. B. + RT. REV. EDWARD CUTHBERT BUTLER, O.S.B., M.A., D.LITT. + Abbot of Downside Abbey, Bath. Author of "The Lausiac History of + Palladius," in _Cambridge Texts and Studies_, vol. vi. + + Fontevrault; + Francis of Assisi, St; + Francis of Paola, St. + +E. C. Q. + EDMUND CROSBY QUIGGIN, M.A. + Fellow and Lecturer in Modern Languages and Monro Lecturer in + Celtic, Gonville and Caius College, Cambridge. + + Finn mac Cool. + +E. D. R. + LIEUT.-COLONEL EMILIUS C. DELME RADCLIFFE. + Author of _Falconry: Notes on the Falconidae used in India in + Falconry_. + + Falconry. + +E. E. A. + ERNEST E. AUSTEN. + Assistant in Department of Zoology, Natural History Museum, South + Kensington. + + Flea. + +E. E. H. + REV. EDWARD EVERETT HALE. + See the biographical article: HALE, E. E. + + Everett, Edward. + +E. G. + EDMUND GOSSE, LL.D. + See the biographical article: GOSSE, EDMUND. + + Ewald, Johannes; + Fabliau; + Fabre, Ferdinand; + Feuillet; + Finland: _Literature_; + FitzGerald, Edward; + Flaubert; + Flemish Literature; + Forssell. + +E. H. P. + EDWARD HENRY PALMER, M.A. + See the biographical article: PALMER, E. H. + + Firdousi (_in part_). + +E. K. + EDMUND KNECHT, PH.D., M.SC.TECH. (Manchester), F.I.C. + Professor of Technological Chemistry, Manchester University. Head + of Chemical Department, Municipal School of Technology, + Manchester. Examiner in Dyeing, City and Guilds of London + Institute. Author of _A Manual of Dyeing_; &c. Editor of _Journal + of the Society of Dyers and Colourists_. + + Finishing. + +E. M. Ha. + ERNEST MAES HARVEY. + Partner in Messrs. Allen Harvey & Ross, Bullion Brokers, London. + + Exchange. + +E. O.* + EDMUND OWEN, M.B., F.R.C.S., LL.D., D.SC. + Consulting Surgeon to St Mary's Hospital, London, and to the + Children's Hospital, Great Ormond Street, London. Chevalier of the + Legion of Honour. Late Examiner in Surgery at the University of + Cambridge, London and Durham. Author of _A Manual of Anatomy for + Senior Students_. + + Fistula. + +E. O. S. + EDWIN OTHO SACHS, F.R.S. (Edin.), A.M.INST.M.E. + Chairman of the British Fire Prevention Committee. Vice-President, + National Fire Brigades Union. Vice-President, International Fire + Service Council. Author of _Fires and Public Entertainments_; &c. + + Fire and Fire Extinction. + +E. Pr. + EDGAR PRESTAGE. + Special Lecturer in Portuguese Literature at the University of + Manchester. Commendador, Portuguese Order of S. Thiago. + Corresponding Member of Lisbon Royal Academy of Sciences and + Lisbon Geographical Society. + + Falcao; + Ferreira. + +E. Re. + ELISEE RECLUS. + See the biographical article: RECLUS, J. J. E. + + Fire. + +E. Tn. + REV. ETHELRED LEONARD TAUNTON, (d. 1907). + Author of _The English Black Monks of St Benedict_; _History of + the Jesuits in England_. + + Feckenham; + Fisher, John. + +E. W. H. + ERNEST WILLIAM HOBSON, M.A., D.SC., F.R.S., F.R.A.S. + Fellow and Tutor in Mathematics, Christ's College, Cambridge. + Stokes Lecturer in Mathematics in the University. + + Fourier's Series. + +F. C. C. + FREDERICK CORNWALLIS CONYBEARE, M.A., D.TH. (Giessen). + Fellow of the British Academy. Formerly Fellow of University + College, Oxford. Author of _The Ancient Armenian Texts of + Aristotle_; _Myth, Magic and Morals_; &c. + + Extreme Unction. + +F. G. P. + FREDERICK GYMER PARSONS, F.R.C.S., F.Z.S., F.R.ANTHROP.INST. + Vice-President, Anatomical Society of Great Britain and Ireland. + Lecturer on Anatomy at St Thomas's Hospital and the London School + of Medicine for Women. Formerly Hunterian Professor at the Royal + College of Surgeons. + + Eye: _Anatomy_. + +F. J. H. + FRANCIS JOHN HAVERFIELD, M.A., LL.D., F.S.A. + Camden Professor of Ancient History in the University of Oxford. + Fellow of Brasenose College. Ford's Lecturer, 1906-1907. Fellow of + the British Academy. Author of Monographs on Roman History, + especially Roman Britain; &c. + + Fosse. + +F. J. W. + FREDERICK JOSEPH WALL, F.C.S. + Secretary to the Football Association. + + Football: _Association_ (_in part_). + +F. R. C. + FRANK R. CANA. + Author of _South Africa from the Great Trek to the Union_. + + France: _Colonies_. + +F. S. + FRANCIS STORR, M.A. + Editor of the _Journal of Education_, London. Officier d'Academie, + Paris. + + Fable. + +G. A. B. + GEORGE A. BOULENGER, D.SC., PH.D., F.R.S. + In charge of the Collections of Reptiles and Fishes, Department of + Zoology, British Museum. Vice-President of the Zoological Society + of London. + + Flat-fish. + +G. A. Be. + GEORGE ANDREAS BERRY, M.B., F.R.C.S., F.R.S. (Edin.). + Hon. Surgeon Oculist to His Majesty in Scotland. Formerly Senior + Ophthalmic Surgeon, Edinburgh Royal Infirmary, and Lecturer on + Ophthalmology in the University of Edinburgh. Vice-President, + Ophthalmological Society. Author of _Diseases of the Eye_; _The + Elements of Ophthalmoscopic Diagnosis_; _Subjective Symptoms in + Eye Diseases_; &c. + + Eye: _Diseases_. + +G. B. A. + GEORGE BURTON ADAMS, A.M., B.D., PH.D., LITT.D. + Professor of History, Yale University. Editor of _American + Historical Review_. Author of _Civilization during the Middle + Ages_; _Political History of England_, 1066-1216; &c. + + Feudalism. + +G. C. L. + GEORGE COLLINS LEVEY, C.M.G. + Member of Board of Advice to Agent-General of Victoria. Formerly + Editor and Proprietor of the _Melbourne Herald_. Secretary, + Colonial Committee of Royal Commission to Paris Exhibition, 1900. + Secretary, Adelaide Exhibition, 1887. Secretary, Royal Commission, + Hobart Exhibition, 1894-1895. Secretary to Commissioners for + Victoria at the Exhibitions in London, Paris, Vienna, Philadelphia + and Melbourne, 1873, 1876, 1878, 1880-1881. + + Exhibition. + +G. E. + REV. GEORGE EDMUNDSON, M.A., F.R.HIST.S. + Formerly Fellow and Tutor of Brasenose College, Oxford. Ford's + Lecturer, 1909. Hon. Member, Dutch Historical Society, and Foreign + Member, Netherlands Association of Literature. + + Flanders. + +G. F. Z. + GEORGE FREDERICK ZIMMER, A.M.INST.C.E. + Author of _Mechanical Handling of Material_. + + Flour and Flour Manufacture. + +G. G. P.* + GEORGE GRENVILLE PHILLIMORE, M.A., B.C.L. + Christ Church, Oxford. Barrister-at-Law, Middle Temple. + + Fishery, Law of. + +G. P. + GIFFORD PINCHOT, A.M., D.SC., LL.D. + Professor of Forestry, Yale University. Formerly Chief Forester, + U.S.A. President of the National Conservation Association. Member + of the Society of American Foresters, Royal English Arboricultural + Society, &c. Author of _The White Pine_; _A Primer of Forestry_; + &c. + + Forests and Forestry: _United States_. + +G. W. T. + REV. GRIFFITHS WHEELER THATCHER, M.A., B.D. + Warden of Camden College, Sydney, N.S.W. Formerly Tutor in Hebrew + and Old Testament History at Mansfield College, Oxford. + + Fairuzabadi; + Fakhr ud-Din Razi; + Farabi; + Farazdaq. + +H. B. S. + REV. HENRY BARCLAY SWETE, M.A., D.D., LITT.D. + Regius Professor of Divinity, Cambridge University. Fellow of + Gonville and Caius College, Cambridge. Fellow of King's College, + London. Fellow of British Academy. Hon. Canon of Ely Cathedral. + Author of _The Holy Spirit in the New Testament_; &c. + + Fathers of the Church. + +H. Ch. + HUGH CHISHOLM, M.A. + Formerly Scholar of Corpus Christi College, Oxford. Editor of the + 11th Edition of the _Encyclopaedia Britannica_; Co-Editor of the + 10th edition. + + Forster. + +H. De. + HIPPOLYTE DELEHAYE, S.J. + Assistant in the compilation of the Bollandist publications: + _Analecta Bollandiana_ and _Acta Sanctorum_. + + Fiacre, Saint; + Florian, Saint. + +H. F. G. + HANS FRIEDRICH GADOW, F.R.S., PH.D. + Strickland Curator and Lecturer on Zoology in the University of + Cambridge. Author of "Amphibia and Reptiles," in the _Cambridge + Natural History_. + + Flamingo. + +H. L. S. + H. LAWRENCE SWINBURNE (d. 1909). + + Flag. + +H. St. + HENRY STURT, M.A. + Author of _Idola Theatri_; _The Idea of a Free Church_; _Personal + Idealism_. + + Fechner; + Feuerbach, Ludwig A. + + +H. W. C. D. + HENRY WILLIAM CARLESS DAVIS, M.A. + Fellow and Tutor of Balliol College, Oxford. Fellow of All Souls' + College, Oxford, 1895-1902. Author of _England under the Normans + and Angevins_; _Charlemagne_. + + Fitz Neal; + Fitz Peter, Geoffrey; + Fitz Stephen, William; + Fitz Thedmar; + Flambard; + Florence of Worcester. + +H. W. S. + H. WICKHAM STEED. + Correspondent of _The Times_ at Vienna. Correspondent of _The + Times_ at Rome, 1897-1902. + + Fabrizi. + +I. A. + ISRAEL ABRAHAMS, M.A. + Reader in Talmudic and Rabbinic Literature, University of + Cambridge. President, Jewish Historical Society of England. Author + of _A Short History of Jewish Literature_; _Jewish Life in the + Middle Ages_. + + Exilarch; + Eybeschutz. + +J. A. C. + SIR JOSEPH ARCHER CROWE, K.C.M.G. + See the biographical article: CROWE, SIR JOSEPH A. + + Eyck, Van. + +J. A. H. + JOHN ALLEN HOWE, B.SC. + Curator and Librarian of the Museum of Practical Geology, London. + Author of _The Geology of Building Stones_. + + France: _Geology_. + +J. A. S. + JOHN ADDINGTON SYMONDS, LL.D. + See the biographical article: SYMONDS, JOHN A. + + Ficino; + Filelfo. + +J. B.* + JOSEPH BURTON. + Partner in Pilkington's Tile and Pottery Co., Clifton Junction, + Manchester. + + Firebrick (_in part_). + +J. B. P. + JAMES BELL PETTIGREW, M.D., LL.D., F.R.S., F.R.C.P. (Edin.) (1834-1908). + Chandos Professor of Medicine and Anatomy, University of St + Andrews, 1875-1908. Author of _Animal Locomotion_; &c. + + Flight and Flying (_in part_). + +J. Bt. + JAMES BARTLETT. + Lecturer on Construction, Architecture, Sanitation, Quantities, + &c., at King's College, London. Member of Society of Architects. + Member of Institute of Junior Engineers. + + Foundations. + +J. C. M. + JAMES CLERK MAXWELL, LL.D. + See the biographical article: MAXWELL, JAMES CLERK. + + Faraday. + +J. E. C. B. + JOHN EDWARD COURTENAY BODLEY, M.A. + Balliol College, Oxford. Corresponding Member of the Institute of + France. Author of _France_; _The Coronation of Edward VII._; &c. + + France: _History_, 1870-1910. + +J. E. P. W. + JOHN EDWARD POWER WALLIS, M.A. + Puisne Judge, Madras. Vice-Chancellor of Madras University. Inns + of Court Reader in Constitutional Law, 1892-1897. Formerly Editor + of _State Trials_. + + Extradition. + +J. F. St. + JOHN FREDERICK STENNING, M.A. + Dean and Fellow of Wadham College, Oxford. University Lecturer in + Aramaic. Lecturer in Divinity and Hebrew at Wadham College. + + Exodus, Book of. + +J. G. H. + JOSEPH G. HORNER, A.M.I.MECH.E. + Author of _Plating and Boiler Making_; _Practical Metal Turning_; + &c. + + Forging; + Founding. + +J. G. R. + JOHN GEORGE ROBERTSON, M.A., PH.D. + Professor of German at the University of London. Formerly Lecturer + on the English Language, Strassburg University. Author of _History + of German Literature_; &c. + + Fouque, Baron. + +J. H. P.* + JOHN HUNGERFORD POLLEN, M.A. (d. 1908). + Formerly Professor of Fine Arts in Catholic University of Dublin. + Fellow of Merton College, Oxford. Cantor Lecturer, Society of + Arts, 1885. Author of _Ancient and Modern Furniture and Woodwork_; + _Ancient and Modern Gold and Silversmith's Work_; _The Trajan + Column_; &c. + + Fan. + +J. Hl. R. + JOHN HOLLAND ROSE, M.A., LITT.D. + Lecturer on Modern History to the Cambridge University Local + Lectures Syndicate. Author of _Life of Napoleon I._; _Napoleonic + Studies_; _The Development of the European Nations_; _The Life of + Pitt_; chapters in the _Cambridge Modern History_. + + Fouche. + +J. H. R. + JOHN HORACE ROUND, M.A., LL.D. (Edin.). + Author of _Feudal England_; _Studies in Peerage and Family + History_; _Peerage and Pedigree_; &c. + + Ferrers: _Family_; + Fitzgerald: _Family_. + +J. I. + JULES ISAAC. + Professor of History at the Lycee of Lyons. + + Francis I. of France. + +J. K. L. + SIR JOHN KNOX LAUGHTON, M.A., LITT.D. + Professor of Modern History, King's College, London. Secretary of + the Navy Records Society. Served in the Baltic, 1854-1855; in + China, 1856-1859. Mathematical and Naval Instructor, Royal Naval + College, Portsmouth, 1866-1873; Greenwich, 1873-1885. President, + Royal Meteorological Society, 1882-1884. Honorary Fellow, Gonville + and Caius College, Cambridge. Fellow, King's College, London. + Author of _Physical Geography in its Relation to the Prevailing + Winds and Currents_; _Studies in Naval History_; _Sea Fights and + Adventures_; &c. + + Farragut; + Fitzroy. + +J. L. B. + JULIAN LEVETT BAKER, F.I.C. + Analytical and Consulting Chemist. Examiner in Brewing to the City + and Guilds of London Institute, Department of Technology. Hon. + Secretary of the Institute of Brewing. Author of _The Brewing + Industry_; &c. + + Fermentation. + +J. Ma. + JOHN MACDONALD. + + Fair (_in part_). + +J. M. S. + JAMES MONTGOMERY STUART. + Author of _The History of Free Trade in Tuscany_; _Reminiscences + and Essays_. + + Foscolo. + +J. Pa. + JAMES PATON, F.L.S. + Superintendent of Museums and Art Galleries of Corporation of + Glasgow. Assistant in Museum of Science and Art, Edinburgh, + 1861-1876. President of Museums Association of United Kingdom, + 1896. Editor and part-author of _Scottish National Memorials_, + 1890. + + Feather (_in part_). + +J. P. E. + JEAN PAUL HIPPOLYTE EMMANUEL ADHEMAR ESMEIN. + Professor of Law in the University of Paris. Officer of the Legion + of Honour. Member of the Institute of France. Author of _Cours + elementaire d'histoire du droit francais_; &c. + + France: _Law and Institutions_. + +J. R. C. + JOSEPH ROGERSON COTTER, M.A. + Assistant to the Professor of Natural and Experimental Philosophy, + Trinity College, Dublin. Editor of 2nd edition of Preston's + _Theory of Heat_. + + Fluorescence. + +J. R. F.* + JOSEPH R. FISHER. + Editor of the _Northern Whig_, Belfast. Author of _Finland and the + Tsars_; _Law of the Press_; &c. + + Finland. + +J. R. J. J. + JULIAN ROBERT JOHN JOCELYN. + Colonel, R.A. Formerly Commandant, Ordnance College; Member of + Ordnance Committee; Commandant, Schools of Gunnery. + + Fireworks: _History_. + +J. S. Bl. + REV. JOHN SUTHERLAND BLACK, M.A., LL.D. + Assistant Editor, 9th edition, _Encyclopaedia Britannica_. Joint + Editor of the _Encyclopaedia Biblica_. Translated Ritschl's + _Critical History of the Christian Doctrine of Justification and + Reconciliation_. + + Fasting; + Feasts and Festivals. + +J. S. F. + JOHN SMITH FLETT, D.SC, F.G.S. + Petrographer to the Geological Survey. Formerly Lecturer on + Petrology in Edinburgh University. Neill Medallist of the Royal + Society of Edinburgh. Bigsby Medallist of the Geological Society + of London. + + Felsite; + Flint. + +J. S. K. + JOHN SCOTT KELTIE, LL.D., F.S.S.. F.S.A. (Scot.). + Secretary, Royal Geographical Society. Knight of Swedish Order of + North Star. Commander of the Norwegian Order of St Olaf. Hon. + Member, Geographical Societies of Paris, Berlin, Rome, &c. Editor + of _Statesman's Year Book_. Editor of the _Geographical Journal_. + + Finland (_in part_); + Flinders. + +J. T. Be. + JOHN T. BEALBY. + Joint Author of Stanford's _Europe_. Formerly Editor of the + _Scottish Geographical Magazine_. Translator of Sven Hedin's + _Through Asia, Central Asia and Tibet_; &c. + + Fens; + Ferghana (_in part_). + +K. S. + KATHLEEN SCHLESINGER. + Author of _The Instruments of the Orchestra_. + + Fiddle; + Fife; + Flageolet; + Flute (_in part_). + +L. D.* + LOUIS DUCHESNE. + See the biographical article: DUCHESNE, L. M. O. + + Formosus. + +L. F. S. + LESLIE FREDERIC SCOTT, M.A., K.C.C. + Barrister-at-Law, Inner Temple. + + Factor. + +L. J. + LIEUT.-COLONEL LOUIS CHARLES JACKSON, R.E., C.M.G. + Assistant Director of Fortifications and Works, War Office. + Formerly Instructor in Fortification, R.M.A., Woolwich. Instructor + in Fortification and Military Engineering, School of Military + Engineering, Chatham + + Fortification and Siegecraft. + +L. V.* + LUIGI VILLARI. + Italian Foreign Office (Emigration Dept.). Formerly Newspaper + Correspondent in east of Europe. Italian Vice-Consul in New + Orleans, 1906; Philadelphia, 1907; Boston, U.S.A., 1907-1910. + Author of _Italian Life in Town and Country_; _Fire and Sword in + the Caucasus_; &c. + + Faliero; + Fanti, Manfredo; + Farini, Luigi Carlo; + Farnese: _Family_; + Ferdinand I. and IV. of Naples; + Ferdinand II. of the Two Sicilies; + Fiesco; Filangieri, C.; + Florence; + Foscari; + Fossombroni; + Francis II. of the Two Sicilies; + Francis IV. and V. of Modena. + +M. Ha. + MARCUS HARTOG, M.A., D.SC, F.L.S. + Professor of Zoology, University College, Cork. Author of + "Protozoa," in _Cambridge Natural History_; and papers for various + scientific journals. + + Flagellate; + Foraminifera. + +N. W. T. + NORTHCOTE WHITBRIDGE THOMAS, M.A. + Government Anthropologist to Southern Nigeria. Corresponding + Member of the Societe d'Anthropologie de Paris. Author of _Thought + Transference_; _Kinship and Marriage in Australia_; &c. + + Faith Healing; + Fetishism; + Folklore. + +O. H.* + OTTO HEHNER, F.I.C., F.C.S. + Public Analyst. Formerly President of Society of Public Analysts. + Vice-President of Institute of Chemistry of Great Britain and + Ireland. Author of works on Butter Analysis; Alcohol Tables; &c. + + Food Preservation. + +O. M. + DAVID ORME MASSON, M.A., D.SC, F.R.S. + Professor of Chemistry, Melbourne University. Author of papers on + chemistry in the transactions of various learned societies. + + Fireworks: _Modern_. + +P. A. + PAUL DANIEL ALPHANDERY. + Professor of the History of Dogma, Ecole Pratique des Hautes + Etudes, Sorbonne, Paris. Author of _Les Idees morales chez les + heterodoxes latines au debut du XIII^e siecle_. + + Flagellants. + +P. A. K. + PRINCE PETER ALEXEIVITCH KROPOTKIN. + See the biographical article: KROPOTKIN, P. A. + + Ferghana (_in part_); + Finland (_in part_). + +P. C. Y. + PHILIP CHESNEY YORKE, M.A. + Magdalen College, Oxford. + + Falkland; + Fanshaw; + Fawkes, Guy; + Fell, John; + Fortescue, Sir John. + +P. C. M. + PETER CHALMERS MITCHELL, F.R.S., F.Z.S., D.SC, LL.D. + Secretary to the Zoological Society of London. University + Demonstrator in Comparative Anatomy and Assistant to Linacre + Professor at Oxford, 1881-1891. Examiner in Zoology to the + University of London, 1903. Author of _Outlines of Biology_; &c. + + Evolution. + +P. G. K. + PAUL GEORGE KONODY. + Art Critic of the _Observer_ and the _Daily Mail_. Formerly Editor + of _The Artist_. Author of _The Art of Walter Crane_; _Velasquez, + Life and Work_; &c. + + Fiorenzo di Lorenzo; + Fragonard. + +P. J. H. + PHILIP JOSEPH HARTOG, M.A., L. ES SC. (Paris). + Academic Registrar of the University of London. Author of _The + Writing of English_, and articles in the Special Reports on + educational subjects of the Board of Education. + + Examinations (_in part_). + +P. W. + PAUL WIRIATH. + Director of the Ecole Superieure Pratique de Commerce et + d'Industrie, Paris. + + France: _History to_ 1870. + +R. Ad. + ROBERT ADAMSON, LL.D. + See the biographical article: ADAMSON, R. + + Fichte; + Fourier, F. C. M. + +R. A. S. M. + ROBERT ALEXANDER STEWART MACALISTER, M.A., F.S.A. + St John's College, Cambridge. Director of Excavations for the + Palestine Exploration Fund. + + Font. + +R. H. C. + REV. ROBERT HENRY CHARLES, M.A., D.D., D.LITT. (Oxon.). + Grinfield Lecturer and Lecturer in Biblical Studies, Oxford. + Fellow of the British Academy. Formerly Senior Moderator of + Trinity College, Dublin. Author and Editor of _Book of Enoch_; + _Book of Jubilees_; _Apocalypse of Baruch_; _Assumption of Moses_; + _Ascension of Isaiah_; _Testaments of the XII. Patriarchs_; &c. + + Ezra: _Third and Fourth Books of_. + + +R. J. M. + RONALD JOHN MCNEILL, M.A. + Christ Church, Oxford. Barrister-at-Law. Formerly Editor of the + _St James's Gazette_, London. + + Fenians; + Fitzgerald, Lord Edward; + Flood, Henry. + +R. L.* + RICHARD LYDEKKER, F.R.S., F.G.S., F.Z.S. + Member of the Staff of the Geological Survey of India, 1874-1882. + Author of _Catalogue of Fossil Mammals, Reptiles and Birds in + British Museum_; _The Deer of all Lands_; _The Game Animals of + Africa_; &c. + + Flying-Squirrel; Fox. + +R. N. B. + ROBERT NISBET BAIN (d. 1909). + Assistant Librarian, British Museum, 1883-1909. Author of + _Scandinavia: the Political History of Denmark, Norway and Sweden, + 1513-1900_; _The First Romanovs, 1613-1725_; _Slavonic Europe: the + Political History of Poland and Russia from 1469 to 1796_; &c. + + Fersen, Counts von. + +R. Po. + RENE POUPARDIN, D. ES L. + Secretary of the Ecole des Chartes. Honorary Librarian at the + Bibliotheque Nationale, Paris. Author of _Le Royaume de Provence + sous les Carolingiens_; _Recueil des chartes de Saint-Germain_; + &c. + + Franche-Comte. + +R. P. S. + R. PHENE SPIERS, F.S.A., F.R.I.B.A. + Formerly Master of the Architectural School, Royal Academy, + London. Past President of Architectural Association. Associate and + Fellow of King's College, London. Corresponding Member of the + Institute of France. Editor of Fergusson's _History of + Architecture_. Author of _Architecture: East and West_; &c. + + Flute: _Architecture_. + +R. S. C. + ROBERT SEYMOUR CONWAY, M.A., D.LITT. (Cantab.). + Professor of Latin and Indo-European Philology in the University + of Manchester. Formerly Professor of Latin in University College, + Cardiff; and Fellow of Gonville and Caius College, Cambridge. + Author of _The Italic Dialects_. + + Falisci. + +R. Tr. + ROLAND TRUSLOVE, M.A. + Formerly Scholar of Christ Church, Oxford. Fellow, Dean and + Lecturer in Classics at Worcester College, Oxford. + + France: _Statistics_. + +S. A. C. + STANLEY ARTHUR COOK, M.A. + Editor for Palestine Exploration Fund. Lecturer in Hebrew and + Syriac, and formerly Fellow, Gonville and Caius College, + Cambridge. Examiner in Hebrew and Aramaic, London University, + 1904-1908. Author of _Glossary of Aramaic Inscriptions_; _The Laws + of Moses and the Code of Hammurabi_; _Critical Notes on Old + Testament History_; _Religion of Ancient Palestine_; &c. + + Exodus, The; + Ezra and Nehemiah, Books of. + +S. C. + SIDNEY COLVIN, LL.D. + See the biographical article: COLVIN, S. + + Fine Arts; + Finiguerra; + Flaxman. + +St C. + VISCOUNT ST CYRES. + See the biographical article: IDDESLEIGH, 1ST EARL OF + + Fenelon. + +S. E. B. + HON. SIMEON EBEN BALDWIN, M.A., LL.D. + Professor of Constitutional and Private International Law in Yale + University. Director of the Bureau of Comparative Law of the + American Bar Association. Formerly Chief Justice of Connecticut. + Author of _Modern Political Institutions_; _American Railroad + Law_; &c. + + Extradition: U.S.A. + +S. E. S.-R. + STEPHEN EDWARD SPRING-RICE, M.A., C.B. (1856-1902). + Formerly Principal Clerk, H.M. Treasury, and Auditor of the Civil + List. Fellow of Trinity College, Cambridge. + + Exchequer (_in part_). + +T. A. I. + THOMAS ALLAN INGRAM, M.A., LL.D. + Trinity College, Dublin. + + Explosives: _Law_. + +T. As. + THOMAS ASHBY, M.A., D.LITT. (Oxon.), F.S.A. + Director of British School of Archaeology at Rome. Formerly + Scholar of Christ Church, Oxford. Craven Fellow, 1897. + Corresponding Member of the Imperial German Archaeological + Institute. Author of the _Classical Topography of the Roman + Campagna_; &c. + + Faesulae; + Falerii; + Falerio; + Fanum Fortunae; + Ferentino; + Fermo; + Flaminia Via; + Florence: _Early History_; + Fondi; + Fonni; + Forum Appii. + +T. Ba. + SIR THOMAS BARCLAY, M.P. + Member of the Institute of International Law. Member of the + Supreme Council of the Congo Free State. Officer of the Legion of + Honour. Author of _Problems of International Practice and + Diplomacy_; &c. M.P. for Blackburn, 1910. + + Exterritoriality. + +T. H. H.* + SIR THOMAS HUNGERFORD HOLDICH, K.C.M.G., K.C.I.E., D.SC., F.R.G.S. + Colonel in the Royal Engineers. Superintendent, Frontier Surveys, + India, 1892-1898. Gold Medallist, R.G.S., London, 1887. H.M. + Commissioner for the Persia-Beluch Boundary, 1896. Author of _The + Indian Borderland_; _The Gates of India_; &c. + + Everest, Mount. + +T. K. C. + REV. THOMAS KELLY CHEYNE, D.D. + See the biographical article: CHEYNE, T. K. + + Eve (_in part_). + +T. Se. + THOMAS SECCOMBE, M.A. + Lecturer in History, East London and Birkbeck Colleges, University + of London. Stanhope Prizeman, Oxford, 1887. Formerly Assistant + Editor of _Dictionary of National Biography_, 1891-1901. + Joint-author of _The Bookman History of English Literature_. + Author of _The Age of Johnson_; &c. + + Fawcett, Henry. + +T. Wo. + THOMAS WOODHOUSE. + Head of Weaving and Textile Designing Department, Technical + College, Dundee. + + Flax. + +V. M. + VICTOR CHARLES MAHILLON. + Principal of the Conservatoire Royal de Musique at Brussels. + Chevalier of the Legion of Honour. + + Flute (_in part_). + +W. A. B. C. + REV. WILLIAM AUGUSTUS BREVOORT COOLIDGE, M.A., F.R.G.S., Ph.D. (Bern). + Fellow of Magdalen College, Oxford. Professor of English History, + St David's College, Lampeter, 1880-1881. Author of _Guide to + Switzerland_; _The Alps in Nature and in History_; &c. Editor of + the _Alpine Journal_, 1880-1889. + + Feldkirch. + +W. A. P. + WALTER ALISON PHILLIPS, M.A. + Formerly Exhibitioner of Merton College and Senior Scholar of St + John's College, Oxford. Author of _Modern Europe_; &c. + + Excellency; + Faust; + Febronianism. + +W. B.* + WILLIAM BURTON, M.A., F.C.S. + Chairman, Joint Committee of Pottery Manufacturers of Great + Britain. Author of _English Stoneware and Earthenware_; &c. + + Firebrick (_in part_). + +W. Ca. + WALTER CAMP, A.M. + Member of Yale University Council. Author of _American Football_; + _Football Facts and Figures_; &c. + + Football: _American_ (_in part_). + +W. Ga. + WALTER GARSTANG, M.A., D.SC. + Professor of Zoology at the University of Leeds. Scientific + Adviser to H.M. Delegates on the International Council for the + Exploration of the Sea, 1901-1907. Formerly Fellow of Lincoln + College, Oxford. Author of _The Races and Migrations of the + Mackerel_; _The Impoverishment of the Sea_; &c. + + Fisheries. + +W. He. + WALTER HEPWORTH. + Formerly Commissioner of the Council of Education, Science and Art + Department, South Kensington. + + Fool. + +W. M. R. + WILLIAM MICHAEL ROSSETTI. + See the biographical article: ROSSETTI, DANTE G. + + Ferrari, Gaudenzio; + Fielding, Copley; + Franceschi, Piero; + Francia. + + +W. P. P. + WILLIAM PLANE PYCRAFT, F.Z.S. + Assistant in the Zoological Department, British Museum. Formerly + Assistant Linacre Professor of Comparative Anatomy, Oxford. + Vice-President of the Selborne Society. Author of _A History of + Birds_; &c. + + Feather (_in part_). + +W. N. S. + WILLIAM NAPIER SHAW, M.A., LL.D., D.SC, F.R.S. + Director of the Meteorological Office. Reader in Meteorology in + the University of London. President of Permanent International + Meteorological Committee. Member of Meteorological Council, + 1897-1905. Hon. Fellow of Emmanuel College, Cambridge. Fellow of + Emmanuel College, 1877-1899; Senior Tutor, 1890-1899. Joint Author + of _Text Book of Practical Physics_; &c. + + Fog. + +W. P. R. + HON. WILLIAM PEMBER REEVES. + Director of London School of Economics. Agent-General and High + Commissioner for New Zealand, 1896-1909. Minister of Education, + Labour and Justice, New Zealand, 1891-1896. Author of _The Long + White Cloud, a History of New Zealand_; &c. + + Fox, Sir William. + +W. R. S. + WILLIAM ROBERTSON SMITH, LL.D. + See the biographical article: SMITH, W. R. + + Eve (_in part_). + +W. R. E. H. + WILLIAM RICHARD EATON HODGKINSON, PH.D., F.R.S. + Professor of Chemistry and Physics, Ordnance College, Woolwich. + Formerly Professor of Chemistry and Physics, R.M.A., Woolwich. + Part Author of Valentin-Hodgkinson's _Practical Chemistry_; &c. + + Explosives. + +W. Sch. + SIR WILHELM SCHLICH, K.C.I.E., M.A., PH.D., F.R.S., F.L.S. + Professor of Forestry at the University of Oxford. Hon. Fellow of + St John's College. Author of _A Manual of Forestry_; _Forestry in + the United Kingdom_; _The Outlook of the World's Timber Supply_; + &c. + + Forests and Forestry. + +W. W. F.* + WILLIAM WARDE FOWLER, M.A. + Fellow of Lincoln College, Oxford. Sub-rector, 1881-1904. Gifford + Lecturer, Edinburgh University, 1908. Author of _The City-State of + the Greeks and Romans_; _The Roman Festivals of the Republican + Period_; &c. + + Fortuna. + +W. W. R.* + WILLIAM WALKER ROCKWELL, LIC. THEOL. + Assistant Professor of Church History, Union Theological Seminary, + New York. Author of _Die Doppelehe des Landgrafen Philipp von + Hessen_. + + Ferrara-Florence, Council of. + + + + +Principal Unsigned Articles + + Evil Eye. Fault. Fig. Fontenoy. + Excise. Federal Government. Filigree. Foot and Mouth + Execution. Federalist Party. Fir. Disease. + Executors and Fehmic Courts. Fives. Forest Laws. + Administrators. Felony. Fleurus. Forfarshire. + Exeter. Fez. Florida. Forgery. + Exile. Fezzan. Foix. Formosa. + Eylau. Fictions. Fold. Foundling + Famine. Fife. Fontenelle. Hospitals. + Fountain. + + +FOOTNOTE: + + [1] A complete list, showing all individual contributors, appears in + the final volume. + + + + +ENCYCLOPAEDIA BRITANNICA + +ELEVENTH EDITION + +VOLUME X + + +EVANGELICAL CHURCH CONFERENCE, a convention of delegates from the +different Protestant churches of Germany. The conference originated in +1848, when the general desire for political unity made itself felt in +the ecclesiastical sphere as well. A preliminary meeting was held at +Sandhof near Frankfort in June of that year, and on the 21st of +September some five hundred delegates representing the Lutheran, the +Reformed, the United and the Moravian churches assembled at Wittenberg. +The gathering was known as _Kirchentag_ (church diet), and, while +leaving each denomination free in respect of constitution, ritual, +doctrine and attitude towards the state, agreed to act unitedly in +bearing witness against the non-evangelical churches and in defending +the rights and liberties of the churches in the federation. The +organization thus closely resembles that of the Free Church Federation +in England. The movement exercised considerable influence during the +middle of the 19th century. Though no _Kirchentag_, as such, has been +convened since 1871, its place has been taken by the _Kongress fur +innere Mission_, which holds annual meetings in different towns. There +is also a biennial conference of the evangelical churches held at +Eisenach to discuss matters of general interest. Its decisions have no +legislative force. + + + + +EVANGELICAL UNION, a religious denomination which originated in the +suspension of the Rev. James Morison (1816-1893), minister of a United +Secession congregation in Kilmarnock, Scotland, for certain views +regarding faith, the work of the Holy Spirit in salvation, and the +extent of the atonement, which were regarded by the supreme court of his +church as anti-Calvinistic and heretical. Morison was suspended by the +presbytery in 1841 and thereupon definitely withdrew from the Secession +Church. His father, who was minister at Bathgate, and two other +ministers, being deposed not long afterwards for similar opinions, the +four met at Kilmarnock on the 16th of May 1843 (two days before the +"Disruption" of the Free Church), and, on the basis of certain doctrinal +principles, formed themselves into an association under the name of the +Evangelical Union, "for the purpose of countenancing, counselling and +otherwise aiding one another, and also for the purpose of training up +spiritual and devoted young men to carry forward the work and 'pleasure +of the Lord.'" The doctrinal views of the new denomination gradually +assumed a more decidedly anti-Calvinistic form, and they began also to +find many sympathizers among the Congregationalists of Scotland. Nine +students were expelled from the Congregational Academy for holding +"Morisonian" doctrines, and in 1845 eight churches were disjoined from +the Congregational Union of Scotland and formed a connexion with the +Evangelical Union. The Union exercised no jurisdiction over the +individual churches connected with it, and in this respect adhered to +the Independent or Congregational form of church government; but those +congregations which originally were Presbyterian vested their government +in a body of elders. In 1889 the denomination numbered 93 churches; and +in 1896, after prolonged negotiation, the Evangelical Union was +incorporated with the Congregational Union of Scotland. + + See _The Evangelical Union Annual; History of the Evangelical Union_, + by F. Ferguson (Glasgow, 1876); _The Worthies of the E. U._ (1883); W. + Adamson, _Life of Dr James Morison_ (1898). + + + + +EVANS, CHRISTMAS (1766-1838), Welsh Nonconformist divine, was born near +the village of Llandyssul, Cardiganshire, on the 25th of December 1766. +His father, a shoemaker, died early, and the boy grew up as an +illiterate farm labourer. At the age of seventeen, becoming servant to a +Presbyterian minister, David Davies, he was affected by a religious +revival and learned to read and write in English and Welsh. The +itinerant Calvinistic Methodist preachers and the members of the Baptist +church at Llandyssul further influenced him, and he soon joined the +latter denomination. In 1789 he went into North Wales as a preacher and +settled for two years in the desolate peninsula of Lleyn, +Carnarvonshire, whence he removed to Llangefni in Anglesey. Here, on a +stipend of L17 a year, supplemented by a little tract-selling, he built +up a strong Baptist community, modelling his organization to some extent +on that of the Calvinistic Methodists. Many new chapels were built, the +money being collected on preaching tours which Evans undertook in South +Wales. + +In 1826 Evans accepted an invitation to Caerphilly, where he remained +for two years, removing in 1828 to Cardiff. In 1832, in response to +urgent calls from the north, he settled in Carnarvon and again undertook +the old work of building and collecting. He was taken ill on a tour in +South Wales, and died at Swansea on the 19th of July 1838. In spite of +his early disadvantages and personal disfigurement (he had lost an eye +in a youthful brawl), Christmas Evans was a remarkably powerful +preacher. To a natural aptitude for this calling he united a nimble mind +and an inquiring spirit; his character was simple, his piety humble and +his faith fervently evangelical. For a time he came under Sandemanian +influence, and when the Wesleyans entered Wales he took the Calvinist +side in the bitter controversies that were frequent from 1800 to 1810. +His chief characteristic was a vivid and affluent imagination, which +absorbed and controlled all his other powers, and earned for him the +name of "the Bunyan of Wales." + + His works were edited by Owen Davies in 3 vols. (Carnarvon, + 1895-1897). See the _Lives_ by D.R. Stephens (1847) and Paxton Hood + (1883). + + + + +EVANS, EVAN HERBER (1836-1896), Welsh Nonconformist divine, was born on +the 5th of July 1836, at Pant yr Onen near Newcastle Emlyn, +Cardiganshire. As a boy he saw something of the "Rebecca Riots," and +went to school at the neighbouring village of Llechryd. In 1853 he went +into business, first at Pontypridd and then at Merthyr, but next year +made his way to Liverpool. He decided to enter the ministry, and studied +arts and theology respectively at the Normal College, Swansea, and the +Memorial College, Brecon, his convictions being deepened by the +religious revival of 1858-1859. In 1862 he succeeded Thomas Jones as +minister of the Congregational church at Morriston near Swansea. In 1865 +he became pastor of Salem church, Carnarvon, a charge which he occupied +for nearly thirty years despite many invitations to English pastorates. +In 1894 he became principal of the Congregational college at Bangor. He +died on the 30th of December 1896. He was chairman of the Welsh +Congregational Union in 1886 and of the Congregational Union of England +and Wales in 1892; and by his earnest ministry, his eloquence and his +literary work, especially in the denominational paper _Y Dysgedydd_, he +achieved a position of great influence in his country. + + See _Life_ by H. Elvet Lewis. + + + + +EVANS, SIR GEORGE DE LACY (1787-1870), British soldier, was born at +Moig, Limerick, in 1787. He was educated at Woolwich Academy, and +entered the army in 1806 as a volunteer, obtaining an ensigncy in the +22nd regiment in 1807. His early service was spent in India, but he +exchanged into the 3rd Light Dragoons in order to take part in the +Peninsular War, and was present in the retreat from Burgos in 1812. In +1813 he was at Vittoria, and was afterwards employed in making a +military survey of the passes of the Pyrenees. He took part in the +campaign of 1814, and was present at Pampeluna, the Nive and Toulouse; +and later in the year he served with great distinction on the staff in +General Ross's Bladensburg campaign, and took part in the capture of +Washington and of Baltimore and the operations before New Orleans. He +returned to England in the spring of 1815, in time to take part in the +Waterloo campaign as assistant quartermaster-general on Sir T. Picton's +staff. As a member of the staff of the duke of Wellington he accompanied +the English army to Paris, and remained there during the occupation of +the city by the allies. He was still a substantive captain in the 5th +West India regiment, though a lieutenant-colonel by brevet, when he went +on half-pay in 1818. In 1830 he was elected M.P. for Rye in the Liberal +interest; but in the election of 1832 he was an unsuccessful candidate +both for that borough and for Westminster. For the latter constituency +he was, however, returned in 1833, and, except in the parliament of +1841-1846, he continued to represent it till 1865, when he retired from +political life. His parliamentary duties did not, however, interfere +with his career as a soldier. In 1835 he went out to Spain in command of +the Spanish Legion, recruited in England, and 9600 strong, which served +for two years in the Carlist War on the side of the queen of Spain. In +spite of great difficulties the legion won great distinction on the +battlefields of northern Spain, and Evans was able to say that no +prisoners had been taken from it in action, that it had never lost a gun +or an equipage, and that it had taken 27 guns and 1100 prisoners from +the enemy. He received several Spanish orders, and on his return in 1839 +was made a colonel and K.C.B. In 1846 he became major-general; and in +1854, on the breaking-out of the Crimean War, he was made +lieutenant-general and appointed to command the 2nd division of the Army +of the East. At the battle of the Alma, where he received a severe +wound, his quick comprehension of the features of the combat largely +contributed to the victory. On the 26th of October he defeated a large +Russian force which attacked his position on Mount Inkerman. Illness and +fatigue compelled him a few days after this to leave the command of his +division in the hands of General Pennefather; but he rose from his +sick-bed on the day of the battle of Inkerman, the 5th of November, and, +declining to take the command of his division from Pennefather, aided +him in the long-protracted struggle by his advice. On his return +invalided to England in the following February, Evans received the +thanks of the House of Commons. He was made a G.C.B., and the university +of Oxford conferred on him the degree of D.C.L. In 1861 he was promoted +to the full rank of general. He died in London on the 9th of January +1870. + + + + +EVANS, SIR JOHN (1823-1908), English archaeologist and geologist, son of +the Rev. Dr A.B. Evans, head master of Market Bosworth grammar school, +was born at Britwell Court, Bucks, on the 17th of November 1823. He was +for many years head of the extensive paper manufactory of Messrs John +Dickinson at Nash Mills, Hemel Hempstead, but was especially +distinguished as an antiquary and numismatist. He was the author of +three books, standard in their respective departments: _The Coins of the +Ancient Britons_ (1864); _The Ancient Stone Implements, Weapons and +Ornaments of Great Britain_ (1872, 2nd ed. 1897); and _The Ancient +Bronze Implements, Weapons and Ornaments of Great Britain and Ireland_ +(1881). He also wrote a number of separate papers on archaeological and +geological subjects--notably the papers on "Flint Implements in the +Drift" communicated in 1860 and 1862 to _Archaeologia_, the organ of the +Society of Antiquaries. Of that society he was president from 1885 to +1892, and he was president of the Numismatic Society from 1874 to the +time of his death. He also presided over the Geological Society, +1874-1876; the Anthropological Institute, 1877-1879; the Society of +Chemical Industry, 1892-1893; the British Association, 1897-1898; and +for twenty years (1878-1898) he was treasurer of the Royal Society. As +president of the Society of Antiquaries he was an _ex officio_ trustee +of the British Museum, and subsequently he became a permanent trustee. +His academic honours included honorary degrees from several +universities, and he was a corresponding member of the Institut de +France. He was created a K.C.B. in 1892. He died at Berkhamsted on the +31st of May 1908. + +His eldest son, ARTHUR JOHN EVANS, born in 1851, was educated at +Brasenose College, Oxford, and Gottingen. He became fellow of Brasenose +and in 1884 keeper of the Ashmolean Museum at Oxford. He travelled in +Finland and Lapland in 1873-1874, and in 1875 made a special study of +archaeology and ethnology in the Balkan States. In 1893 he began his +investigations in Crete, which have resulted in discoveries of the +utmost importance concerning the early history of Greece and the eastern +Mediterranean (see AEGEAN CIVILIZATION AND CRETE). He is a member of all +the chief archaeological societies in Europe, holds honorary degrees at +Oxford, Edinburgh and Dublin, and is a fellow of the Royal Society. His +chief publications are: _Cretan Pictographs and Prae-Phoenician Script_ +(1896); _Further Discoveries of Cretan and Aegean Script_ (1898); _The +Mycenaean Tree and Pillar Cult_ (1901); _Scripta Minoa_ (1909 foll.); +and reports on the excavations. He also edited with additions Freeman's +_History of Sicily_, vol. iv. + + + + +EVANS, OLIVER (1755-1819), American mechanician, was born at Newport, +Delaware, in 1755. He was apprenticed to a wheelwright, and at the age +of twenty-two he invented a machine for making the card-teeth used in +carding wool and cotton. In 1780 he became partner with his brothers, +who were practical millers, and soon introduced various labour-saving +appliances which both cheapened and improved the processes of +flour-milling. Turning his attention to the steam engine, he employed +steam at a relatively high pressure, and the plans of his invention +which he sent over to England in 1787 and in 1794-1795 are said to have +been seen by R. Trevithick, whom in that case he anticipated in the +adoption of the high-pressure principle. He made use of his engine for +driving mill machinery; and in 1803 he constructed a steam dredging +machine, which also propelled itself on land. In 1819 a disastrous fire +broke out in his factory at Pittsburg, and he did not long survive it, +dying at New York on the 21st of April 1819. + + + + +EVANSON, EDWARD (1731-1805), English divine, was born on the 21st of +April 1731 at Warrington, Lancashire. After graduating at Cambridge +(Emmanuel College) and taking holy orders, he officiated for several +years as curate at Mitcham. In 1768 he became vicar of South Mimms near +Barnet; and in November 1769 he was presented to the rectory of +Tewkesbury, with which he held also the vicarage of Longdon in +Worcestershire. In the course of his studies he discovered what he +thought important variance between the teaching of the Church of England +and that of the Bible, and he did not conceal his convictions. In +reading the service he altered or omitted phrases which seemed to him +untrue, and in reading the Scriptures pointed out errors in the +translation. A crisis was brought on by his sermon on the resurrection, +preached at Easter 1771; and in November 1773 a prosecution was +instituted against him in the consistory court of Gloucester. He was +charged with "depraving the public worship of God contained in the +liturgy of the Church of England, asserting the same to be superstitious +and unchristian, preaching, writing and conversing against the creeds +and the divinity of our Saviour, and assuming to himself the power of +making arbitrary alterations in his performance of the public worship." +A protest was at once signed and published by a large number of his +parishioners against the prosecution. The case was dismissed on +technical grounds, but appeals were made to the court of arches and the +court of delegates. Meanwhile Evanson had made his views generally known +by several publications. In 1772 appeared anonymously his _Doctrines of +a Trinity and the Incarnation of God, examined upon the Principles of +Reason and Common Sense_. This was followed in 1777 by _A Letter to Dr +Hurd, Bishop of Worcester, wherein the Importance of the Prophecies of +the New Testament and the Nature of the Grand Apostasy predicted in them +are particularly and impartially considered_. He also wrote some papers +on the Sabbath, which brought him into controversy with Joseph +Priestley, who published the whole discussion (1792). In the same year +appeared Evanson's work entitled _The Dissonance of the four generally +received Evangelists_, to which replies were published by Priestley and +David Simpson (1793). Evanson rejected most of the books of the New +Testament as forgeries, and of the four gospels he accepted only that of +St Luke. In his later years he ministered to a Unitarian congregation at +Lympston, Devonshire. In 1802 he published _Reflections upon the State +of Religion in Christendom_, in which he attempted to explain and +illustrate the mysterious foreshadowings of the Apocalypse. This he +considered the most important of his writings. Shortly before his death +at Colford, near Crediton, Devonshire, on the 25th of September 1805, he +completed his _Second Thoughts on the Trinity_, in reply to a work of +the bishop of Gloucester. + + His sermons (prefaced by a Life by G. Rogers) were published in two + volumes in 1807, and were the occasion of T. Falconer's _Bampton + Lectures_ in 1811. A narrative of the circumstances which led to the + prosecution of Evanson was published by N. Havard, the town-clerk of + Tewkesbury, in 1778. + + + + +EVANSTON, a city of Cook county, Illinois, U.S.A., on the shore of Lake +Michigan, 12 m. N. of Chicago. Pop. (1900) 19,259, of whom 4441 were +foreign-born; (1910 U.S. census) 24,978. It is served by the Chicago & +North-Western, and the Chicago, Milwaukee & St Paul railways, and by two +electric lines. The city is an important residential suburb of Chicago. +In 1908 the Evanston public library had 41,430 volumes. In the city are +the College of Liberal Arts (1855), the Academy (1860), and the schools +of music (1895) and engineering (1908) of Northwestern University, +co-educational, chartered in 1851, opened in 1855, the largest school of +the Methodist Episcopal Church in America. In 1909-1910 it had +productive funds amounting to about $7,500,000, and, including all the +allied schools, a faculty of 418 instructors and 4487 students; its +schools of medicine (1869), law (1859), pharmacy (1886), commerce (1908) +and dentistry (1887) are in Chicago. In 1909 its library had 114,869 +volumes and 79,000 pamphlets (exclusive of the libraries of the +professional schools in Chicago); and the Garrett Biblical Institute had +a library of 25,671 volumes and 4500 pamphlets. The university maintains +the Grand Prairie Seminary at Onarga, Iroquois county, and the Elgin +Academy at Elgin, Kane county. Enjoying the privileges of the +university, though actually independent of it, are the Garrett Biblical +Institute (Evanston Theological Seminary), founded in 1855, situated on +the university campus, and probably the best-endowed Methodist Episcopal +theological seminary in the United States, and affiliated with the +Institute, the Norwegian Danish Theological school; and the Swedish +Theological Seminary, founded at Galesburg in 1870, removed to Evanston +in 1882, and occupying buildings on the university campus until 1907, +when it removed to Orrington Avenue and Noyes Street. The Cumnock School +of Oratory, at Evanston, also co-operates with the university. By the +charter of the university the sale of intoxicating liquors is forbidden +within 4 m. of the university campus. The manufacturing importance of +the city is slight, but is rapidly increasing. The principal +manufactures are wrought iron and steel pipe, bakers' machinery and +bricks. In 1905 the value of the factory products was $2,550,529, being +an increase of 207.3% since 1900. In Evanston are the publishing offices +of the National Woman's Christian Temperance Union. Evanston was +incorporated as a town in 1863 and as a village in 1872, and was +chartered as a city in 1892. The villages of North Evanston and South +Evanston were annexed to Evanston in 1874 and 1892 respectively. + + + + +EVANSVILLE, a city and the county-seat of Vanderburg county, Indiana, +U.S.A., and a port of entry, on the N. bank of the Ohio river, 200 m. +below Louisville, Kentucky--measuring by the windings of the river, +which double the direct distance. Pop. (1890) 50,756; (1900) 59,007; +(1910 census) 69,647. Of the total population in 1900, 5518 were +negroes, 5626 were foreign-born (including 4380 from Germany and 384 +from England), and 17,419 were of foreign parentage (both parents +foreign-born), and of these 13,910 were of German parentage. Evansville +is served by the Evansville & Terre Haute, the Evansville & +Indianapolis, the Illinois Central, the Louisville & Nashville, the +Louisville, Henderson & St Louis, and the Southern railways, by several +interurban electric lines, and by river steamboats. The city is situated +on a plateau above the river, and has a number of fine business and +public buildings, including the court house and city hall, the Southern +Indiana hospital for the insane, the United States marine hospital, and +the Willard library and art gallery, containing in 1908 about 30,000 +volumes. The city's numerous railway connexions and its situation in a +coal-producing region (there are five mines within the city limits) and +on the Ohio river, which is navigable nearly all the year, combine to +make it the principal commercial and manufacturing centre of Southern +Indiana. It is in a tobacco-growing region, is one of the largest +hardwood lumber markets in the country, and has an important shipping +trade in pork, agricultural products, dried fruits, lime and limestone, +flour and tobacco. Among its manufactures in 1905 were flour and grist +mill products (value, $2,638,914), furniture ($1,655,246), lumber and +timber products ($1,229,533), railway cars ($1,118,376), packed meats +($998,428), woollen and cotton goods, cigars and cigarettes, malt +liquors, carriages and wagons, leather and canned goods. The value of +the factory products increased from $12,167,524 in 1900 to $19,201,716 +in 1905, or 57.8%, and in the latter year Evansville ranked third among +the manufacturing cities in the state. The waterworks are owned and +operated by the city. First settled about 1812, Evansville was laid out +in 1817, and was named in honour of Robert Morgan Evans (1783-1844), one +of its founders, who was an officer under General W.H. Harrison in the +war of 1812. It soon became a thriving commercial town with an extensive +river trade, was incorporated in 1819, and received a city charter in +1847. The completion of the Wabash & Erie Canal, in 1853, from +Evansville to Toledo, Ohio, a distance of 400 m., greatly accelerated +the city's growth. + + + + +EVARISTUS, fourth pope (c. 98-105), was the immediate successor of +Clement. + + + + +EVARTS, WILLIAM MAXWELL (1818-1901), American lawyer, was born in Boston +on the 6th of February 1818. He graduated at Yale in 1837, was admitted +to the bar in New York in 1841, and soon took high rank in his +profession. In 1860 he was chairman of the New York delegation to the +Republican national convention. In 1861 he was an unsuccessful candidate +for the United States senatorship from New York. He was chief counsel +for President Johnson during the impeachment trial, and from July 1868 +until March 1869 he was attorney-general of the United States. In 1872 +he was counsel for the United States in the "Alabama" arbitration. +During President Hayes's administration (1877-1881) he was secretary of +state; and from 1885 to 1891 he was one of the senators from New York. +As an orator Senator Evarts stood in the foremost rank, and some of his +best speeches were published. He died in New York on the 28th of +February 1901. + + + + +EVE, the English transcription, through Lat. _Eva_ and Gr. [Greek: Eua], +of the Hebrew name [Hebrew: Hava] Havvah, given by Adam to his wife +because she was "mother of all living," or perhaps more strictly, "of +every group of those connected by female kinship" (see W.R. Smith, +_Kinship_, 2nd ed., p. 208), as if Eve were the personification of +mother-kinship, just as Adam ("man") is the personification of mankind. + +[The abstract meaning "life" (LXX. [Greek: Zoe]), once favoured by +Robertson Smith, is at any rate unsuitable in a popular story. +Wellhausen and Noldeke would compare the Ar. _hayyatun_, "serpent," and +the former remarks that, if this is right, the Israelites received their +first ancestress from the Hivvites (Hivites), who were originally the +serpent-tribe (_Composition des Hexateuchs_, p. 343; cf. _Reste +arabischen Heidentums_, 2nd ed., p. 154). Cheyne, too, assumes a common +origin for Havvah and the Hivvites.] + + + Creation of Eve. + +[The account of the origin of Eve (Gen. iii. 21-23) runs thus: "And +Yahweh-Elohim caused a deep sleep to fall upon the man, and he slept. +And he took one of his ribs, and closed up the flesh in its stead, and +the rib which Yahweh-Elohim had taken from the man he built up into a +woman, and he brought her to the man." Enchanted at the sight, the man +now burst out into elevated, rhythmic speech: "This one," he said, "at +length is bone of my bone and flesh of my flesh," &c.; to which the +narrator adds the comment, "Therefore doth a man forsake his father and +his mother, and cleave to his wife, and they become one flesh (body)." +Whether this comment implies the existence of the custom of _beena_, +marriage (W.R. Smith, _Kinship_, 2nd ed., p. 208), seems doubtful. It is +at least equally possible that the expression "his wife" simply reflects +the fact that among ordinary Israelites circumstances had quite +naturally brought about the prevalence of monogamy.[1] What the narrator +gives is not a doctrine of marriage, much less a precept, but an +explanation of a simple and natural phenomenon. How is it, he asks, that +a man is so irresistibly drawn towards a woman? And he answers: Because +the first woman was built up out of a rib of the first man. At the same +time it is plain that the already existing tendency towards monogamy +must have been powerfully assisted by this presentation of Eve's story +as well as by the prophetic descriptions of Yahweh's relation to Israel +under the figure of a monogamous union.] + + + New Testament application. + +[The narrator is no rhetorician, and spares us a description of the +ideal woman. But we know that, for Adam, his strangely produced wife was +a "help (or helper) matching or corresponding to him"; or, as the +Authorized Version puts it, "a help meet for him" (ii. 18b). This does +not, of course, exclude subordination on the part of the woman; what is +excluded is that exaggeration of natural subordination which the +narrator may have found both in his own and in the neighbouring +countries, and which he may have regarded as (together with the pains of +parturition) the punishment of the woman's transgression (Gen. iii. 16). +His own ideal of woman seems to have made its way in Palestine by slow +degrees. An apocryphal book (Tobit viii. 6, 7) seems to contain the only +reference to the section till we come to the time of Christ, to whom the +comment in Gen. ii. 24 supplies the text for an authoritative +prohibition of divorce, which presupposes and sanctifies monogamy (Matt. +x. 7, 8; Matt. xix. 5). For other New Testament applications of the +story of Eve see 1 Cor. xi. 8, 9 (especially); 2 Cor. xi. 3; 1 Tim. ii. +13, 14; and in general cf. ADAM, and _Ency. Biblica_, "Adam and Eve."] + + + Imaginative or legendary developments. + +[The seeming omissions in the Biblical narrative have been filled up by +imaginative Jewish writers.] The earliest source which remains to us is +the Book of Jubilees, or Leptogenesis, a Palestinian work (referred by +R.H. Charles to the century immediately preceding the Christian era; see +APOCALYPTIC LITERATURE). In this book, which was largely used by +Christian writers, we find a chronology of the lives of Adam and Eve and +the names of their daughters--Avan and Azura.[2] The Targum of Jonathan +informs us that Eve was created from the thirteenth rib of Adam's right +side, thus taking the view that Adam had a rib more than his +descendants. Some of the Jewish legends show clear marks of foreign +influence. Thus the notion that the first man was a double being, +afterwards separated into the two persons of Adam and Eve (_Berachot_, +61; _Erubin_, 18), may be traced back to Philo (_De mundi opif._ S53; +cf. _Quaest. in Gen._ lib. i. S25), who borrows the idea, and almost the +words, of the myth related by Aristophanes in the Platonic _Symposium_ +(189 D, 190 A), which, in extravagant form, explains the passion of love +by the legend that male and female originally formed one body. + +[A recent critic[3] (F. Schwally) even holds that this notion was +originally expressed in the account of the creation of man in Gen. i. +27. This involves a textual emendation, and one must at least admit that +the present text is not without difficulty, and that Berossus refers to +the existence of primeval monstrous androgynous beings according to +Babylonian mythology.] There is an analogous Iranian legend of the true +man, which parted into man and woman in the Bundahish[4] (the Parsi +Genesis), and an Indian legend, which, according to Spiegel, has +presumably an Iranian source.[5] + + + Course of Jewish and Christian interpretation. + +[It has been remarked elsewhere (ADAM, S16) that though the later Jews +gathered material for thought very widely, such guidance as they +required in theological reflection was mainly derived from Greek +culture. What, for instance, was to be made of such a story as that in +Gen. ii.-iv.? To "minds trained under the influence of the Jewish +Haggada, in which the whole Biblical history is freely intermixed with +legendary and parabolic matter," the question as to the literal truth of +that story could hardly be formulated. It is otherwise when the Greek +leaven begins to work.] + +Josephus, in the prologue to his _Archaeology_, reserves the problem of +the true meaning of the Mosaic narrative, but does not regard everything +as strictly literal. Philo, the great representative of Alexandrian +allegory, expressly argues that in the nature of things the trees of +life and knowledge cannot be taken otherwise than symbolically. His +interpretation of the creation of Eve is, as has been already observed, +plainly suggested by a Platonic myth. The longing for reunion which love +implants in the divided halves of the original dual man is the source of +sensual pleasure (symbolized by the serpent), which in turn is the +beginning of all transgression. Eve represents the sensuous or +perceptive part of man's nature, Adam the reason. The serpent, +therefore, does not venture to attack Adam directly. It is sense which +yields to pleasure, and in turn enslaves the reason and destroys its +immortal virtue. This exposition, in which the elements of the Bible +narrative become mere symbols of the abstract notions of Greek +philosophy, and are adapted to Greek conceptions of the origin of evil +in the material and sensuous part of man, was adopted into Christian +theology by Clement and Origen, notwithstanding its obvious +inconsistency with the Pauline anthropology, and the difficulty which +its supporters felt in reconciling it with the Christian doctrine of the +excellence of the married state (Clemens Alex. _Stromata_, p. 174). +These difficulties had more weight with the Western church, which, less +devoted to speculative abstractions and more deeply influenced by the +Pauline anthropology, refused, especially since Augustine, to reduce +Paradise and the fall to the region of pure _intelligibilia_; though a +spiritual sense was admitted along with the literal (Aug. _Civ. Dei_, +xiii. 21).[6] + +The history of Adam and Eve became the basis of anthropological +discussions which acquired more than speculative importance from their +connexion with the doctrine of original sin and the meaning of the +sacrament of baptism. One or two points in Augustinian teaching may be +here mentioned as having to do particularly with Eve. The question +whether the soul of Eve was derived from Adam or directly infused by the +Creator is raised as an element in the great problem of traducianism and +creationism (_De Gen. ad lit._ lib. x.). And it is from Augustine that +Milton derives the idea that Adam sinned, not from desire for the +forbidden fruit, but because love forbade him to dissociate his fate +from Eve's (_ibid._ lib. xi. _sub fin._). Medieval discussion moved +mainly in the lines laid down by Augustine. A sufficient sample of the +way in which the subject was treated by the schoolmen may be found in +the _Summa_ of Thomas, pars i. qu. xcii. _De productione mulieris_. + +The Reformers, always hostile to allegory, and in this matter especially +influenced by the Augustinian anthropology, adhered strictly to the +literal interpretation of the history of the Protoplasts, which has +continued to be generally identified with Protestant orthodoxy. The +disintegration of the confessional doctrine of sin in last century was +naturally associated with new theories of the meaning of the biblical +narrative; but neither renewed forms of the allegorical interpretation, +in which everything is reduced to abstract ideas about reason and +sensuality, nor the attempts of Eichhorn and others to extract a kernel +of simple history by allowing largely for the influence of poetical form +in so early a narrative, have found lasting acceptance. On the other +hand, the strict historical interpretation is beset with difficulties +which modern interpreters have felt with increasing force, and which +there is a growing disposition to solve by adopting in one or other form +what is called the _mythical_ theory of the narrative. But +interpretations pass under this now popular title which have no real +claim to be so designated. What is common to the "mythical" +interpretations is to find the real value of the narrative, not in the +form of the story, but in the thoughts which it embodies. But the story +cannot be called a myth in the strict sense of the word, unless we are +prepared to place it on one line with the myths of heathenism, produced +by the unconscious play of plastic fancy, giving shape to the +impressions of natural phenomena on primitive observers. Such a theory +does no justice to a narrative which embodies profound truths peculiar +to the religion of revelation. Other forms of the so-called mythical +interpretation are little more than abstract allegory in a new guise, +ignoring the fact that the biblical story does not teach general truths +which repeat themselves in every individual, but gives a view of the +purpose of man's creation, and of the origin of sin, in connexion with +the divine plan of redemption. Among his other services in refutation of +the unhistorical rationalism of last century, Kant has the merit of +having forcibly recalled attention to the fact that the narrative of +Genesis, even if we do not take it literally, must be regarded as +presenting a view of the beginnings of the history of the human race +(_Muthmasslicher Anfang der Menschengeschichte_, 1786) Those who +recognize this fact ought not to call themselves or be called by others +adherents of the mythical theory, although they also recognize that in +the nature of things the divine truths brought out in the history of the +creation and fall could not have been expressed either in the form of +literal history or in the shape of abstract metaphysical doctrine; or +even although they may hold--as is done by many who accept the narrative +as a part of supernatural revelation--that the specific biblical truths +which the narrative conveys are presented through the vehicle of a story +which, at least in some of its parts, may possibly be shaped by the +influence of legends common to the Hebrews with their heathen +neighbours. (W. R. S.; [T. K. C.]) + + +FOOTNOTES: + + [1] That polygamy had not become morally objectionable is shown by + the stories of Lamech, Abraham and Jacob. + + [2] See West's authoritative translation in _Pahlavi Texts_ (Sacred + Books of the East). + + [3] "Die bibl. Schopfungsberichte" (_Archiv fur + Religionswissenschaft_, ix. 171 ff.). + + [4] Spiegel, _Eranische Alterthumskunde_, i. 511. + + [5] Muir, _Sanscrit Texts_, vol. i. p. 25; cf. Spiegel, vol. i. p. + 458. + + [6] Thus in medieval theology Eve is a type of the church, and her + formation from the rib has a mystic reason, inasmuch as blood and + water (the sacraments of the church) flowed from the side of Christ + on the cross (Thomas, _Summa_, par. i. qu. xcii.). + + + + +EVECTION (Latin for "carrying away"), in astronomy, the largest +inequality produced by the action of the sun in the monthly revolution +of the moon around the earth. The deviation expressed by it has a +maximum amount of about 1 deg. 15' in either direction. It may be +considered as arising from a semi-annual variation in the eccentricity +of the moon's orbit and the position of its perigee. It was discovered +by Ptolemy. + + + + +EVELETH, a city of St Louis county, Minnesota, U.S.A., about 71 m. +N.N.W. of Duluth. Pop. (1900) 2752; (1905, state census) 5332, of whom +2975 were foreign-born (1145 Finns, 676 Austrians and 325 Swedes); +(1910) 7036. Eveleth is served by the Duluth, Missabe & Northern and the +Duluth & Iron Range railways. It lies in the midst of the great red and +brown hematite iron-ore deposits of the Mesabi Range--the richest in the +Lake Superior district--and the mining and shipping of this ore are its +principal industries. The municipality owns and operates the +water-works, the water being obtained from Lake Saint Mary, one of a +chain of small lakes lying S. of the city. Eveleth was first chartered +as a city in 1902. + + + + +EVELYN, JOHN (1620-1706), English diarist, was born at Wotton House, +near Dorking, Surrey, on the 31st of October 1620. He was the younger +son of Richard Evelyn, who owned large estates in the county, and was in +1633 high sheriff of Surrey and Sussex. When John Evelyn was five years +old he went to live with his mother's parents at Cliffe, near Lewes. He +refused to leave his "too indulgent" grandmother for Eton, and when on +her husband's death she married again, the boy went with her to +Southover, where he attended the free school of the place. He was +admitted to the Middle Temple in February 1637, and in May he became a +fellow commoner of Balliol College, Oxford. He left the university +without taking a degree, and in 1640 was residing in the Middle Temple. +In that year his father died, and in July 1641 he crossed to Holland. He +was enrolled as a volunteer in Apsley's company, then encamped before +Genep on the Waal, but his commission was apparently complimentary, his +military experience being limited to six days of camp life, during +which, however, he took his turn at "trailing a pike." He returned in +the autumn to find England on the verge of civil war. Evelyn's part in +the conflict is best told in his own words:-- + + "12th November was the battle of Brentford, surprisingly fought.... I + came in with my horse and arms just at the retreat; but was not + permitted to stay longer than the 15th by reason of the army marching + to Gloucester; which would have left both me and my brothers exposed + to ruin, without any advantage to his Majesty ... and on the 10th + [December] returned to Wotton, nobody knowing of my having been in his + Majesty's army." + +At Wotton he employed himself in improving his brother's property, +making a fishpond, an island and other alterations in the gardens. But +he found it difficult to avoid taking a side; he was importuned to sign +the Covenant, and "finding it impossible to evade doing very unhandsome +things," he obtained leave in October 1643 from the king to travel +abroad. From this date his _Diary_ becomes full and interesting. He +travelled in France and visited the cities of Italy, returning in the +autumn of 1646 to Paris, where he became intimate with Sir Richard +Browne, the English resident at the court of France. In June of the +following year he married Browne's daughter and heiress, Mary, then a +child of not more than twelve years of age. Leaving his wife in the +care of her parents, he returned to England to settle his affairs. He +visited Charles I. at Hampton Court in 1647, and during the next two +years maintained a cipher correspondence with his father-in-law in the +royal interest. In 1649 he obtained a pass to return to Paris, but in +1650 paid a short visit to England. The defeat of Charles II. at +Worcester in 1651 convinced him that the royalist cause was hopeless, +and he decided to return to England. He went in 1652 to Sayes Court at +Deptford, a house which Sir Richard Browne had held on a lease from the +crown. This had been seized by the parliament, but Evelyn was able to +compound with the occupiers for L3500, and after the Restoration his +possession was secured. Here his wife joined him, their eldest son, +Richard, being born in August 1652. Under the Commonwealth Evelyn amused +himself with his favourite occupation of gardening, and made many +friends among the scientific inquirers of the time. He was one of the +promoters of the scheme for the Royal Society, and in the king's charter +in 1662 was nominated a member of its directing council. Meanwhile he +had refused employment from the government of the Commonwealth, and had +maintained a cipher correspondence with Charles. In 1659 he published an +_Apology for the Royal Party_, and in December of that year he vainly +tried to persuade Colonel Herbert Morley, then lieutenant of the Tower, +to forestall General Monk by declaring for the king. From the +Restoration onwards Evelyn enjoyed unbroken court favour till his death +in 1706; but he never held any important political office, although he +filled many useful and often laborious minor posts. He was commissioner +for improving the streets and buildings of London, for examining into +the affairs of charitable foundations, commissioner of the Mint, and of +foreign plantations. In 1664 he accepted the responsibility for the care +of the sick and wounded and the prisoners in the Dutch war. He stuck to +his post throughout the plague year, contenting himself with sending his +family away to Wotton. He found it impossible to secure sufficient money +for the proper discharge of his functions, and in 1688 he was still +petitioning for payment of his accounts in this business. Evelyn was +secretary of the Royal Society in 1672, and as an enthusiastic promoter +of its interests was twice (in 1682 and 1691) offered the presidency. +Through his influence Henry Howard, duke of Norfolk, was induced to +present the Arundel marbles to the university of Oxford (1667) and the +valuable Arundel library to Gresham College (1678). In the reign of +James II., during the earl of Clarendon's absence in Ireland, he acted +as one of the commissioners of the privy seal. He was seriously alarmed +by the king's attacks on the English Church, and refused on two +occasions to license the illegal sale of Roman Catholic literature. He +concurred in the revolution of 1688, in 1695 was entrusted with the +office of treasurer of Greenwich hospital for old sailors, and laid the +first stone of the new building on the 30th of June 1696. In 1694 he +left Sayes Court to live at Wotton with his brother, whose heir he had +become, and whom he actually succeeded in 1699. He spent the rest of his +life there, dying on the 27th of February 1706. Evelyn's house at Sayes +Court had been let to Captain, afterwards Admiral John Benbow, who was +not a "polite" tenant. He sublet it to Peter the Great, who was then +visiting the dockyard at Deptford. The tsar did great damage to Evelyn's +beautiful gardens, and, it is said, made it one of his amusements to +ride in a wheelbarrow along a thick holly hedge planted especially by +the owner. The house was subsequently used as a workhouse, and is now +alms-houses, the grounds having been converted into public gardens by Mr +Evelyn in 1886. + +It will be seen that Evelyn's politics were not of the heroic order. But +he was honourable and consistent in his adherence to the monarchical +principle throughout his life. With the court of Charles II. he could +have had no sympathy, his dignified domestic life and his serious +attention to religion standing in the strongest contrast with the +profligacy of the royal surroundings. His _Diary_ is therefore a +valuable chronicle of contemporary events from the standpoint of a +moderate politician and a devout adherent of the Church of England. He +had none of Pepys's love of gossip, and was devoid of his all-embracing +curiosity, as of his diverting frankness of self-revelation. Both were +admirable civil servants, and they had a mutual admiration for each +other's sterling qualities. Evelyn's _Diary_ covers more than half a +century (1640-1706) crowded with remarkable events, while Pepys only +deals with a few years of Charles II.'s reign. + +Evelyn was a generous art patron, and Grinling Gibbons was introduced by +him to the notice of Charles II. His domestic affections were very +strong. He had six sons, of whom John (1655-1699), the author of some +translations, alone reached manhood. He has left a pathetic account of +the extraordinary accomplishments of his son Richard, who died before he +was six years old, and of a daughter Mary, who lived to be twenty, and +probably wrote most of her father's _Mundus muliebris_ (1690). Of his +two other daughters, Susannah, who married William Draper of Addiscombe, +Surrey, survived him. + + Evelyn's _Diary_ remained in MS. until 1818. It is in a quarto volume + containing 700 pages, covering the years between 1641 and 1697, and is + continued in a smaller book which brings the narrative down to within + three weeks of its author's death. A selection from this was edited by + William Bray, with the permission of the Evelyn family, in 1818, under + the title of _Memoirs illustrative of the Life and Writings of John + Evelyn, comprising his Diary from 1641 to 1705/6, and a Selection of + his Familiar Letters_. Other editions followed, the most notable being + those of Mr H.B. Wheatley (1879) and Mr Austin Dobson (3 vols., 1906). + Evelyn's active mind produced many other works, and although these + have been overshadowed by the famous _Diary_ they are of considerable + interest. They include: _Of Liberty and Servitude_ ... (1649), a + translation from the French of Francois de la Mothe le Vayer, Evelyn's + own copy of which contains a note that he was "like to be call'd in + question by the Rebells for this booke"; _The State of France, as it + stood in the IXth year of ... Louis XIII._ (1652); _An Essay on the + First Book of T. Lucretius Carus de Rerum Natura_. _Interpreted and + made English verse by J. Evelyn_ (1656); _The Golden Book of St John + Chrysostom, concerning the Education of Children_. _Translated out of + the Greek by J.E._ (printed 1658, dated 1659); _The French Gardener: + instructing how to cultivate all sorts of Fruit-trees_ ... (1658), + translated from the French of N. de Bonnefons; _A Character of + England_ ... (1659), describing the customs of the country as they + would appear to a foreign observer, reprinted in _Somers' Tracts_ (ed. + Scott, 1812), and in the _Harleian Miscellany_ (ed. Park, 1813); _The + Late News from Brussels unmasked_ ... (1660), in answer to a libellous + pamphlet on Charles I. by Marchmont Needham; _Fumifugium, or the + inconvenience of the Aer and Smoak of London dissipated_ (1661), in + which he suggested that sweet-smelling trees should be planted in + London to purify the air; _Instructions concerning erecting of a + Library_ ... (1661), from the French of Gabriel Naude; _Tyrannus or + the Mode, in a Discourse of Sumptuary Laws_ (1661); _Sculptura: or the + History and Art of Chalcography and Engraving in Copper_ ... (1662); + _Sylva, or a Discourse of Forest Trees ... to which is annexed Pomona + ... Also Kalendarium Hortense_ ... (1664); _A Parallel of the Ancient + Architecture with the Modern_ ... (1664), from the French of Roland + Freart; _The History of the three late famous Imposters, viz. Padre + Ottomano, Mahomed Bei, and Sabatei Sevi_ ... (1669); _Navigation and + Commerce ... in which his Majesties title to the Dominion of the Sea + is asserted against the Novel and later Pretenders_ (1674), which is a + preface to a projected history of the Dutch wars undertaken at the + request of Charles II., but countermanded on the conclusion of peace; + _A Philosophical Discourse of Earth_ ... (1676), a treatise on + horticulture, better known by its later title of _Terra_; _The + Compleat Gardener_ ... (1693), from the French of J. de la Quintinie; + _Numismata_ ... (1697). Some of these were reprinted in _The + Miscellaneous Writings of John Evelyn_, edited (1825) by William + Upcott. Evelyn's friendship with Mary Blagge, afterwards Mrs + Godolphin, is recorded in the diary, when he says he designed "to + consecrate her worthy life to posterity." This he effectually did in a + little masterpiece of religious biography which remained in MS. in the + possession of the Harcourt family until it was edited by Samuel + Wilberforce, bishop of Oxford, as the _Life of Mrs Godolphin_ (1847), + reprinted in the "King's Classics" (1904). The picture of Mistress + Blagge's saintly life at court is heightened in interest when read in + connexion with the scandalous memoirs of the comte de Gramont, or + contemporary political satires on the court. Numerous other papers and + letters of Evelyn on scientific subjects and matters of public + interest are preserved, a collection of private and official letters + and papers (1642-1712) by, or addressed to, Sir Richard Browne and his + son-in-law being in the British Museum (_Add. MSS._ 15857 and 15858). + + Next to the _Diary_ Evelyn's most valuable work is _Sylva_. By the + glass factories and iron furnaces the country was being rapidly + depleted of wood, while no attempt was being made to replace the + damage by planting. Evelyn put in a plea for afforestation, and + besides producing a valuable work on arboriculture, he was able to + assert in his preface to the king that he had really induced + landowners to plant many millions of trees. + + + + +EVERDINGEN, ALLART VAN (1621-?1675), Dutch painter and engraver, the son +of a government clerk at Alkmaar, was born, it is said, in 1621, and +educated, if we believe an old tradition, under Roeland Savery at +Utrecht. He wandered in 1645 to Haarlem, where he studied under Peter de +Molyn, and finally settled about 1657 at Amsterdam, where he remained +till his death. It would be difficult to find a greater contrast than +that which is presented by the works of Savery and Everdingen. Savery +inherited the gaudy style of the Breughels, which he carried into the +17th century; whilst Everdingen realized the large and effective system +of coloured and powerfully shaded landscape which marks the precursors +of Rembrandt. It is not easy on this account to believe that Savery was +Everdingen's master, while it is quite within the range of probability +that he acquired the elements of landscape painting from de Molyn. +Pieter de Molyn, by birth a Londoner, lived from 1624 till 1661 in +Haarlem. He went periodically on visits to Norway, and his works, though +scarce, exhibit a broad and sweeping mode of execution, differing but +slightly from that transferred at the opening of the 17th century from +Jan van Goyen to Solomon Ruysdael. His etchings have nearly the breadth +and effect of those of Everdingen. It is still an open question when de +Molyn wielded influence on his clever disciple. Alkmaar, a busy trading +place near the Texel, had little of the picturesque for an artist except +polders and downs or waves and sky. Accordingly we find Allart at first +a painter of coast scenery. But on one of his expeditions he is said to +have been cast ashore in Norway, and during the repairs of his ship he +visited the inland valleys, and thus gave a new course to his art. In +early pieces he cleverly represents the sea in motion under varied, but +mostly clouded, aspects of sky. Their general intonation is strong and +brown, and effects are rendered in a powerful key, but the execution is +much more uniform than that of Jacob Ruysdael. A dark scud lowering on a +rolling sea near the walls of Flushing characterizes Everdingen's "Mouth +of the Schelde" in the Hermitage at St Petersburg. Storm is the marked +feature of sea-pieces in the Staedel or Robartes collections; and a +strand with wreckers at the foot of a cliff in the Munich Pinakothek may +be a reminiscence of personal adventure in Norway. But the Norwegian +coast was studied in calms as well as in gales; and a fine canvas at +Munich shows fishermen on a still and sunny day taking herrings to a +smoking hut at the foot of a Norwegian crag. The earliest of +Everdingen's sea-pieces bears the date of 1640. After 1645 we meet with +nothing but representations of inland scenery, and particularly of +Norwegian valleys, remarkable alike for wildness and a decisive depth of +tone. The master's favourite theme is a fall in a glen, with mournful +fringes of pines interspersed with birch, and log-huts at the base of +rocks and craggy slopes. The water tumbles over the foreground, so as to +entitle the painter to the name of "inventor of cascades." It gives +Everdingen his character as a precursor of Jacob Ruysdael in a certain +form of landscape composition; but though very skilful in arrangement +and clever in effects, Everdingen remains much more simple in execution; +he is much less subtle in feeling or varied in touch than his great and +incomparable countryman. Five of Everdingen's cascades are in the museum +of Copenhagen alone: of these, one is dated 1647, another 1649. In the +Hermitage at St Petersburg is a fine example of 1647; another in the +Pinakothek at Munich was finished in 1656. English public galleries +ignore Everdingen; but one of his best-known masterpieces is the +Norwegian glen belonging to Lord Listowel. Of his etchings and drawings +there are much larger and more numerous specimens in England than +elsewhere. Being a collector as well as an engraver and painter, he +brought together a large number of works of all kinds and masters; and +the sale of these by his heirs at Amsterdam on the 11th of March 1676 +gives an approximate clue to the date of the painter's death. + +His two brothers, Jan and Caesar, were both painters. CAESAR VAN +EVERDINGEN (1606-1679), mainly known as a portrait painter, enjoyed some +vogue during his life, and many of his pictures are to be seen in the +museums and private houses of Holland. They show a certain cleverness, +but are far from entitling him to rank as a master. + + + + +EVEREST, SIR GEORGE (1790-1866), British surveyor and geographer, was +the son of Tristram Everest of Gwerndale, Brecknockshire, and was born +there on the 4th of July 1790. From school at Marlow he proceeded to the +military academy at Woolwich, where he attracted the special notice of +the mathematical master, and passed so well in his examinations that he +was declared fit for a commission before attaining the necessary age. +Having gone to India in 1806 as a cadet in the Bengal Artillery, he was +selected by Sir Stamford Raffles to take part in the reconnaissance of +Java (1814-1816); and after being employed in various engineering works +throughout India, he was appointed in 1818 assistant to Colonel Lambton, +the founder of the great trigonometrical survey of that country. In +1823, on Colonel Lambton's death, he succeeded to the post of +superintendent of the survey; in 1830 he was appointed by the court of +directors of the East India Company surveyor-general of India; and from +that date till his retirement from the service in 1843 he continued to +discharge the laborious duties of both offices. During the rest of his +life he resided in England, where he became fellow of the Royal Society +and an active member of several other scientific associations. In 1861 +he was made a C.B. and received the honour of knighthood, and in 1862 he +was chosen vice-president of the Royal Geographical Society. He died at +Greenwich on the 1st of December 1866. The geodetical labours of Sir +George Everest rank among the finest achievements of their kind; and +more especially his measurement of the meridional arc of India, 11-1/2 +deg. in length, is accounted as unrivalled in the annals of the science. +In + +great part the Indian survey is what he made it. + + His works are purely professional:--A paper in vol. i. of the _Memoirs + of the Royal Astronomical Society_, pointing out a mistake in La + Caille's measurement of an arc of the meridian which he had discovered + during sick-leave at the Cape of Good Hope; _An account of the + measurement of the arc of the meridian between the parallels of 18 + deg. 3' and 24 deg. 7', being a continuation of the Grand Meridional + Arc of India, as detailed by Lieut.-Col. Lambton in the volumes of the + Asiatic Society of Calcutta_ (London, 1830); _An account of the + measurement of two sections of the Meridional Arc of India bounded by + the parallels of 18 deg. 3' 15", 24 deg. 7' 11", and 20 deg. 30' 48"_ + (London, 1847). + + + + +EVEREST, MOUNT, the highest mountain in the world. It is a peak of the +Himalayas situated in Nepal almost precisely on the intersection of the +meridian 87 E. long. with the parallel 28 N. lat. Its elevation as at +present determined by trigonometrical observation is 29,002 ft., but it +is possible that further investigation into the value of refraction at +such altitudes will result in placing the summit even higher. It has +been confused with a peak to the west of it called Gaurisankar (by +Schlagintweit), which is more than 5000 ft. lower; but the observations +of Captain Wood from peaks near Khatmandu, in Nepal, and those of the +same officer, and of Major Ryder, from the route between Lhasa and the +sources of the Brahmaputra in 1904, have definitely fixed the relative +position of the two mountain masses, and conclusively proved that there +is no higher peak than Everest in the Himalayan system. The peak +possesses no distinctive native name and has been called Everest after +Sir George Everest (q.v.), who completed the trigonometrical survey of +the Himalayas in 1841 and first fixed its position and altitude. + (T. H. H.*) + + + + +EVERETT, ALEXANDER HILL (1790-1847), American author and diplomatist, +was born in Boston, Massachusetts, on the 19th of March 1790. He was the +son of Rev. Oliver Everett (1753-1802), a Congregational minister in +Boston, and the brother of Edward Everett. He graduated at Harvard in +1806, taking the highest honours of his year, though the youngest member +of his class. He spent one year as a teacher in Phillips Academy, +Exeter, New Hampshire, and then began the study of law in the office of +John Quincy Adams. In 1809 Adams was appointed minister to Russia, and +Everett accompanied him as his private secretary, remaining attached to +the American legation in Russia until 1811. He was secretary of the +American legation at The Hague in 1815-1816, and _charge d'affaires_ +there from 1818 to 1824. From 1825 to 1829, during the presidency of +John Quincy Adams, he was the United States minister to Spain. At that +time Spain recognized none of the governments established by her +revolted colonies, and Everett became the medium of all communications +between the Spanish government and the several nations of Spanish origin +which had been established, by successful revolutions, on the other side +of the ocean. Everett was a member of the Massachusetts legislature in +1830-1835, was president of Jefferson College in Louisiana in 1842-1844, +and was appointed commissioner of the United States to China in 1845, +but did not go to that country until the following year, and died on the +29th of May 1847 at Canton, China. Everett, however, is known rather as +a man of letters than as a diplomat. In addition to numerous articles, +published chiefly in the _North American Review_, of which he was the +editor from 1829 to 1835, he wrote: _Europe, or a General Survey of the +Political Situation of the Principal Powers, with Conjectures on their +Future Prospects_ (1822), which attracted considerable attention in +Europe and was translated into German, French and Spanish; _New Ideas on +Population_ (1822); _America, or a General Survey of the Political +Situation of the Several Powers of the Western Continent, with +Conjectures on their Future Prospects_ (1827), which was translated into +several European languages; a volume of _Poems_ (1845); and _Critical +and Miscellaneous Essays_ (first series, 1845; second series, 1847). + + + + +EVERETT, CHARLES CARROLL (1829-1900), American divine and philosopher, +was born on the 19th of June 1829, at Brunswick, Maine. He studied at +Bowdoin College, where he graduated in 1850, after which he proceeded to +Berlin. Subsequently he took a degree in divinity at the Harvard +Divinity School. From 1859 to 1869 he was pastor of the Independent +Congregational (Unitarian) church at Bangor, Maine. This charge he +resigned to take the Bussey professorship of theology at Harvard +University, and, in 1878, became dean of the faculty of theology. +Interested in a variety of subjects, he devoted himself chiefly to the +philosophy of religion, and published _The Science of Thought_ (Boston, +1869; revised 1891). He also wrote _Fichte's Science of Knowledge_ +(1884); _Poetry, Comedy and Duty_ (1888); _Religions before +Christianity_ (1883); _Ethics for Young People_ (1891); _The Gospel of +Paul_ (1892). He died at Cambridge on the 16th of October 1900. + + + + +EVERETT, EDWARD (1794-1865), American statesman and orator, was born in +Dorchester, Massachusetts, on the 11th of April 1794. He was the son of +Rev. Oliver Everett and the brother of Alexander Hill Everett (q.v.). +His father died in 1802, and his mother removed to Boston with her +family after her husband's death. At seventeen Edward Everett graduated +from Harvard College, taking first honours in his class. While at +college he was the chief editor of _The Lyceum_, the earliest in the +series of college journals published at the American Cambridge. His +earlier predilections were for the study of law, but the advice of +Joseph Stevens Buckminster, a distinguished preacher in Boston, led him +to prepare for the pulpit, and as a preacher he at once distinguished +himself. He was called to the ministry of the Brattle Street church +(Unitarian) in Boston before he was twenty years old. His sermons +attracted wide attention in that community, and he gained a considerable +reputation as a theologian and a controversialist by his publication in +1814 of a volume entitled _Defence of Christianity_, written in answer +to a work, _The Grounds of Christianity Examined_ (1813), by George +Bethune English (1787-1828), an adventurer, who, born in Cambridge, +Massachusetts, was in turn a student of law and of theology, an editor +of a newspaper, and a soldier of fortune in Egypt. Everett's tastes, +however, were then, as always, those of a scholar; and in 1815, after a +service of little more than a year in the pulpit, he resigned his charge +to accept a professorship of Greek literature in Harvard College. + +After nearly five years spent in Europe in preparation, he entered with +enthusiasm on his duties, and, for five years more, gave a vigorous +impulse, not only to the study of Greek, but to all the work of the +college. In January 1820 he assumed the charge of the _North American +Review_, which now became a quarterly; and he was indefatigable during +the four years of his editorship in contributing on a great variety of +subjects. From 1825 to 1835 he was a member of the National House of +Representatives, supporting generally the administration of President +J.Q. Adams and opposing that of Jackson, which succeeded it. He bore a +part in almost every important debate, and was a member of the committee +of foreign affairs during the whole time of his service in Congress. +Everett was a member of nearly all the most important select committees, +such as those on the Indian relations of the state of Georgia, the +Apportionment Bill, and the Bank of the United States, and drew the +report either of the majority or the minority. The report on the +congress of Panama, the leading measure of the first session of the +Nineteenth Congress, was drawn up by Everett, although he was the +youngest member of the committee and had just entered Congress. He led +the unsuccessful opposition to the Indian policy of General Jackson (the +removal of the Cherokee and other Indians, without their consent, from +lands guaranteed to them by treaty). + +In 1835 he was elected governor of Massachusetts. He brought to the +duties of the office the untiring diligence which was the characteristic +of his public life. We can only allude to a few of the measures which +received his efficient support, e.g. the establishment of the board of +education (the first of such boards in the United States), the +scientific surveys of the state (the first of such public surveys), the +criminal law commission, and the preservation of a sound currency during +the panic of 1837. + +Everett filled the office of governor for four years, and was then +defeated by a single vote, out of more than one hundred thousand. The +election is of interest historically as being the first important +American election where the issue turned on the question of the +prohibition of the retail sale of intoxicating liquors. In the following +spring he made a visit with his family to Europe. In 1841, while +residing in Florence, he was named United States minister to Great +Britain, and arrived in London to enter upon the duties of his mission +at the close of that year. Great questions were at that time open +between the two countries--the north-eastern boundary, the affair of +M'Leod, the seizure of American vessels on the coast of Africa, in the +course of a few months the affair of the "Creole," to which was soon +added the Oregon question. His position was more difficult by reason of +the frequent changes that took place in the department at home, which, +in the course of four years, was occupied successively by Messrs +Webster, Legare, Upshur, Calhoun and Buchanan. From all these gentlemen +Everett received marks of approbation and confidence. + +By the institution of the special mission of Lord Ashburton, however, +the direct negotiations between the two governments were, about the time +of Everett's arrival in London, transferred to Washington, though much +business was transacted at the American legation in London. + +Immediately after the accession of Polk to the presidency Everett was +recalled. From January 1846 to 1849, as the successor of Josiah Quincy, +he was president of Harvard College. On the death, in October 1852, of +his friend Daniel Webster, to whom he had always been closely attached, +and of whom he was always a confidential adviser, he succeeded him as +secretary of state, which post he held for the remaining months of +Fillmore's administration, leaving it to go into the Senate in 1853, as +one of the representatives of Massachusetts. Under the work of the long +session of 1853-1854 his health gave way. In May 1854 he resigned his +seat, on the orders of his physician, and retired to what was called +private life. + +But, as it proved, the remaining ten years of his life most widely +established his reputation and influence throughout America. As early as +1820 he had established a reputation as an orator, such as few men in +later days have enjoyed. He was frequently invited to deliver an +"oration" on some topic of historical or other interest. With him these +"orations," instead of being the ephemeral entertainments of an hour, +became careful studies of some important theme. Eager to avert, if +possible, the impending conflict of arms between the North and South, +Everett prepared an "oration" on George Washington, which he delivered +in every part of America. In this way, too, he raised more than one +hundred thousand dollars, for the purchase of the old home of Washington +at Mount Vernon. Everett also prepared for the _Encyclopaedia +Britannica_ a biographical sketch of Washington, which was published +separately in 1860. In 1860 Everett was the candidate of the short-lived +Constitutional-Union party for the vice-presidency, on the ticket with +John Bell (q.v.), but received only 39 electoral votes. During the Civil +War he zealously supported the national government and was called upon +in every quarter to speak at public meetings. He delivered the last of +his great orations at Gettysburg, after the battle, on the consecration +of the national cemetery there. On the 9th of January 1865 he spoke at a +public meeting in Boston to raise funds for the southern poor in +Savannah. At that meeting he caught cold, and the immediate result was +his death on the 15th of January 1865. + +In Everett's life and career was a combination of the results of +diligent training, unflinching industry, delicate literary tastes and +unequalled acquaintance with modern international politics. This +combination made him in America an entirely exceptional person. He was +never loved by the political managers; he was always enthusiastically +received by assemblies of the people. He would have said himself that +the most eager wish of his life had been for the higher education of his +countrymen. His orations have been collected in four volumes +(1850-1859). A work on international law, on which he was engaged at his +death, was never finished. Allibone records 84 titles of his books and +published addresses. (E. E. H.) + + + + +EVERETT, a city of Middlesex county, Massachusetts, U.S.A., adjoining +Chelsea and 3 m. N. of Boston, of which it is a residential suburb. Pop. +(1880) 4159; (1890) 11,068; (1900) 24,336, of whom 6882 were +foreign-born; (1910 census) 33,484. It covers an area of about 3 sq. m. +and is served by the Boston & Maine railway and by interurban electric +lines. Everett has the Frederick E. Parlin memorial library (1878), the +Shute memorial library (1898), the Whidden memorial hospital and +Woodlawn cemetery (176 acres). The principal manufactures are coke, +chemicals and boots and shoes; among others are iron and structural +steel. According to the U.S. Census of Manufactures (1905), "the coke +industry in Everett is unique, inasmuch as illuminating gas is the +primary product and coke really a by-product, while the coal used is +brought from mines located in Nova Scotia." The value of the city's +total factory product increased from $4,437,180 in 1900 to $6,135,650 in +1905 or 38.3%. Everett was first settled about 1630, remaining a part of +Malden (and being known as South Malden) until 1870, when it was +incorporated as a township. It was chartered as a city in 1892. + + + + +EVERETT, a city, a sub-port of entry, and the county-seat of Snohomish +county, Washington, U.S.A., on Puget Sound, at the mouth of the +Snohomish river, about 35 m. N. of Seattle. Pop. (1900) 7838; (1910 U.S. +census) 24,814. The city is served by the Northern Pacific and the Great +Northern railways, being the western terminus of the latter's main +transcontinental line, by interurban electric railway, and by several +lines of Sound and coasting freight and passenger steamboats. Everett +has a fine harbour with several large iron piers. Among its principal +buildings are a Carnegie library, a Y.M.C.A. building and two hospitals. +The buildings of the Pacific College were erected here by the United +Norwegian Lutheran Church in 1908. The city is in a rich lumbering, +gardening, farming, and copper-, gold- and silver-mining district. There +is a U.S. assayer's office here, and there are extensive shipyards, a +large paper mill, iron works, and, just outside the city limits, the +smelters of the American Smelters Securities Company, in connexion with +which is one of the two plants in the United States for saving arsenic +from smelter fumes. Lumber interests, however, are of most importance, +and here are some of the largest lumber plants in the Pacific Northwest. +Red-cedar shingles are an important product. Everett was settled in 1891 +and was incorporated in 1893. Its rapid growth is due to its favourable +situation as a commercial port, its transportation facilities, and its +nearness to extensive forests whence the material for its chief +industries is obtained. + + + + +EVERGLADES, an American lake, about 8000 sq. m. in area, in which are +numerous half-submerged islands; situated in the southern part of +Florida, U.S.A., in Lee, De Soto, Dade and St Lucie counties. West of it +is the Big Cypress Swamp. The floor of the lake is a limestone basin, +extending from Lake Okechobee in the N. to the extreme S. part of the +state, and the lake varies in depth from 1 to 12 ft., its water being +pure and clear. The surface is above tide level, and the lake is +enclosed, probably on all sides, within an outcropping limestone rim, +averaging about 10 ft. above mean low tide, and approaching much nearer +to the Atlantic on the E. than to the gulf on the W. There are several +small outlets, such as the Miami river and the New river on the E. and +the Shark river on the S.W., but no streams empty into the Everglades, +and the water-supply is furnished by springs and precipitation. There is +a general south-easterly movement of the water. The soil of the islands +is very fertile and is subject to frequent inundations, but gradually +the water area is being replaced by land. The vegetation is luxuriant, +the live oak, wild lemon, wild orange, cucumber, papaw, custard apple +and wild rubber trees being among the indigenous species; there are, +besides, many varieties of wild flowers, the orchids being especially +noteworthy. The fauna is also varied; the otter, alligator and crocodile +are found, also the deer and panther, and among the native birds are the +ibis, egret, heron and limpkin. There are two seasons, wet and dry, but +the climate is equable. + +Systematic exploration has been prevented by the dense growth of saw +grass (_Cladium effusum_), a kind of sedge, with sharp, saw-toothed +leaves, which grows everywhere on the muck-covered rock basin and +extends several feet above the shallow water. The first white man to +enter the region was Escalente de Fontenada, a Spanish captive of an +Indian chief, who named the lake Laguno del Espiritu Santo and the +islands Cayos del Espiritu Santo. Between 1841 and 1856 various United +States military forces penetrated the Everglades for the purpose of +attacking and driving out the Seminoles, who took refuge here. The most +important explorations during the later years of the 19th century were +those of Major Archie P. Williams in 1883, James E. Ingraham in 1892 and +Hugh L. Willoughby in 1897. The Seminole Indians were in 1909 +practically the only inhabitants. In 1850 under the "Arkansas Bill," or +Swamp and Overflow Act, practically all of the Everglades, which the +state had been urging the federal government to drain and reclaim, were +turned over to the state for that purpose, with the provision that all +proceeds from such lands be applied to their reclamation. A board of +trustees for the Internal Improvement Fund, created in 1855 and having +as members _ex officio_ the governor, comptroller, treasurer, +attorney-general and commissioner-general, sold and allowed to railway +companies much of the grant. Between 1881 and 1896 a private company +owning 4,000,000 acres of the Everglades attempted to dig a canal from +Lake Okechobee through Lake Hicpochee and along the Caloosahatchee river +to the Gulf of Mexico; the canal was closed in 1902 by overflows. Six +canals were begun under state control in 1905 from the lake to the +Atlantic, the northernmost at Jensen, the southernmost at Ft. +Lauderdale; the total cost, estimated at $1,035,000 for the reclamation +of 12,500 sq. m., is raised by a drainage tax (not to exceed 10 cents +per acre) levied by the trustees of the Internal Improvement Fund and +Board of Drainage commissioners. The small area reclaimed prior to that +year (1905) was found very fertile and particularly adapted to raising +sugar-cane, oranges and garden truck. + + See Hugh L. Willoughby's _Across the Everglades_ (Philadelphia, 1898), + and especially an article "The Everglades of Florida" by Edwin A. Dix + and John M. MacGonigle, in the _Century Magazine_ for February 1905. + + + + +EVERGREEN, a general term applied to plants which are always in leaf, as +contrasted with deciduous trees which are bare for some part of the year +(see HORTICULTURE). In temperate or colder zones where a season +favourable to vegetation is succeeded by an unfavourable or winter +season, leaves of evergreens must be protected from the frost and cold +drying winds, and are therefore tougher or more leathery in texture than +those of deciduous trees, and frequently, as in pines, firs and other +conifers, are needle-like, thus exposing a much smaller surface to the +drying action of cold winds. The number of seasons for which the leaves +last varies in different plants; every season some of the older leaves +fall, while new ones are regularly produced. The common English bramble +is practically evergreen, the leaves lasting through winter and until +the new leaves are developed next spring. In privet also the leaves fall +after the production of new ones in the next year. In other cases the +leaves last several years, as in conifers, and may sometimes be found on +eleven-year-old shoots. + + + + +EVERLASTING, or IMMORTELLE, a plant belonging to the division +_Tubuliflorae_ of the natural order Compositae, known botanically as +_Helichrysum orientale_. It is a native of North Africa, Crete, and the +parts of Asia bordering on the Mediterranean; and it is cultivated in +many parts of Europe. It first became known in Europe about the year +1629, and has been cultivated since 1815. In common with several other +plants of the same group, known as "everlastings," the immortelle plant +possesses a large involucre of dry scale-like or scarious bracts, which +preserve their appearance when dried, provided the plant be gathered in +proper condition. The chief supplies of _Helichrysum orientale_ come +from lower Provence, where it is cultivated in large quantities on the +ground sloping to the Mediterranean, in positions well exposed to the +sun, and usually in plots surrounded by dry stone walls. The finest +flowers are grown on the slopes of Bandols and Ciotat, where the plant +begins to flower in June. It requires a light sandy or stony soil, and +is very readily injured by rain or heavy dews. It can be propagated in +quantity by means of offsets from the older stems. The flowering stems +are gathered in June, when the bracts are fully developed, all the +fully-expanded and immature flowers being pulled off and rejected. A +well-managed plantation is productive for eight or ten years. The plant +is tufted in its growth, each plant producing 60 or 70 stems, while each +stem produces an average of 20 flowers. About 400 such stems weigh a +kilogramme. A hectare of ground will produce 40,000 plants, bearing from +2,400,000 to 2,800,000 stems, and weighing from 5-1/2 to 6-1/2 tons, or +from 2 to 3 tons per acre. The colour of the bracts is a deep yellow. +The natural flowers are commonly used for garlands for the dead, or +plants dyed black are mixed with the yellow ones. The plant is also dyed +green or orange-red, and thus employed for bouquets or other ornamental +purposes. + +Other species of _Helichrysum_ and species of allied genera with +scarious heads of flowers are also known as "everlastings." One of the +best known is the Australian species _H. bracteatum_, with several +varieties, including double forms, of different colours; _H. vestitum_ +(Cape of Good Hope) has white satiny heads. Others are species of +_Helipterum_ (West Australia and South Africa), _Ammobium_ and _Waitzia_ +(Australia) and _Xeranthemum_ (south Europe). Several members of the +natural order Amarantaceae have also "everlasting" flowers; such are +_Gomphrena globosa_, with rounded or oval heads of white, orange, rose +or violet, scarious bracts, and _Celosia pyramidalis_, with its elegant, +loose, pyramidal inflorescences. Frequently these everlastings are mixed +with bleached grasses, as _Lagurus ovatus_, _Briza maxima_, _Bromus +brizaeformis_, or with the leaves of the Cape silver tree (_Leucadendron +argenteum_), to form bouquets or ornamental groups. + + + + +EVERSLEY, CHARLES SHAW LEFEVRE, VISCOUNT (1794-1888), speaker of the +British House of Commons, eldest son of Mr Charles Shaw (who assumed his +wife's name of Lefevre in addition to his own on his marriage), was born +in London on the 22nd of February 1794, and educated at Winchester and +at Trinity College, Cambridge. He was called to the bar in 1819, and +though a diligent student was also a keen sportsman. Marrying a daughter +of Mr Samuel Whitbread, whose wife was the sister of Earl Grey, +afterwards premier, he thus became connected with two influential +political families, and in 1830 he entered the House of Commons as +member for Downton, in the Liberal interest. In 1831 he was returned, +after a severe contest, as one of the county members for Hampshire, in +which he resided; and after the passing of the Reform Act of 1832 he was +elected for the Northern Division of the county. For some years Mr Shaw +Lefevre was chairman of a committee on petitions for private bills. In +1835 he was chairman of a committee on agricultural distress, but as his +report was not accepted by the House, he published it as a pamphlet +addressed to his constituents. He acquired a high reputation in the +House of Commons for his judicial fairness, combined with singular tact +and courtesy, and when Mr James Abercromby retired in 1839, he was +nominated as the Liberal candidate for the chair. The Conservatives put +forward Henry Goulburn, but Mr Shaw Lefevre was elected by 317 votes to +299. The period was one of fierce party conflict, and the debates were +frequently very acrimonious; but the dignity, temper and firmness of the +new speaker were never at fault. In 1857 he had served longer than any +of his predecessors, except the celebrated Arthur Onslow (1691-1768), +who was speaker for more than 33 years in five successive parliaments. +Retiring on a pension, he was raised to the peerage as Viscount Eversley +of Heckfield, in the county of Southampton. His appearances in the House +of Lords were very infrequent, but in his own county he was active in +the public service. From 1859 he was an ecclesiastical commissioner, and +he was also appointed a trustee of the British Museum. He died on the +28th of December 1888, the viscountcy becoming extinct. + +His younger brother, SIR JOHN GEORGE SHAW LEFEVRE (1797-1879), who was +senior wrangler at Cambridge in 1818, had a long and distinguished +career as a public official. He was under-secretary for the colonies, +and had much to do with the introduction of the new poor law in 1834, +and with the foundation of the colony of South Australia; then having +served on several important commissions he was made clerk of the +parliaments in 1855, and in the same year became one of the first civil +service commissioners. He helped to found the university of London, of +which he was vice-chancellor for twenty years, and also the Athenaeum +Club. He died on the 20th of August 1879. + +The latter's son, GEORGE JOHN SHAW LEFEVRE (b. 1832), was created Baron +Eversley in 1906, in recognition of long and prominent services to the +Liberal party. He had filled the following offices:--civil lord of the +admiralty, 1856; secretary to the board of trade, 1869-1871; +under-secretary, home office, 1871; secretary to the admiralty, +1871-1874; first commissioner of works, 1881-1883; postmaster-general, +1883-1884; first commissioner of works, 1892-1893; president of local +government board, 1894-1895; chairman of royal commission on +agriculture, 1893-1896. + + + + +EVESHAM, a market-town and municipal borough in the Evesham +parliamentary division of Worcestershire, England, 107 m. W.N.W. of +London by the Great Western railway, and 15 m. S.E. by E. of Worcester, +with a station on the Redditch-Ashchurch branch of the Midland railway. +Pop. (1901) 7101. It lies on the right (north) bank of the Avon, in the +rich and beautiful Vale of Evesham. The district is devoted to +market-gardening and orchards, and the trade of the town is mainly +agricultural. Evesham is a place of considerable antiquity, a +Benedictine house having been founded here by St Egwin in the 8th +century. It became a wealthy abbey, but was almost wholly destroyed at +the Dissolution. The churchyard, however, is entered by a Norman +gateway, and there survives also a magnificent isolated bell-tower +dating from 1533, of the best ornate Perpendicular workmanship. The +abbey walls surround the churchyard, but almost the only other remnant +is a single Decorated arch. Close to the bell-tower, however, are the +two parish churches of St Lawrence and of All Saints, the former of the +16th century, the latter containing Early English work, and the ornate +chapel of Abbot Lichfield, who erected the bell-tower. Other buildings +include an Elizabethan town hall, the grammar school, founded by Abbot +Lichfield, and the picturesque almonry. The borough includes the parish +of Bengeworth St Peter, on the left bank of the river. Evesham is +governed by a mayor, 4 aldermen and 12 councillors. Area, 2265 acres. + +Evesham (_Homme_, _Ethomme_) grew up around the Benedictine abbey, and +had evidently become of some importance as a trading centre in 1055, +when Edward the Confessor gave it a market and the privileges of a +commercial town. It is uncertain when the town first became a borough, +but the Domesday statement that the men paid 20s. may indicate the +existence of a more or less organized body of tradesmen. Before 1482 the +burgesses were holding the town at a fee farm rent of twenty marks, but +the abbot still had practical control of the town, and his steward +presided over the court at which the bailiffs were chosen. After the +Dissolution the manor with the markets and fairs and other privileges +was granted to Sir Philip Hoby, who increased his power over the town by +persuading the burgesses to agree that, after they had nominated six +candidates for the office of bailiff, the steward of the court +instructed by him should indicate the two to be chosen. This privilege +was contested by Queen Elizabeth, but when the case was taken before the +court of the exchequer it was decided in favour of Sir Philip's heir, +Sir Edward Hoby. In 1604 James I. granted the burgesses their first +charter, but in the following year, by a second charter, he incorporated +Evesham with the village of Bengeworth, and granted that the borough +should be governed by a mayor and seven aldermen, to whom he gave the +power of holding markets and fairs and several other privileges which +had formerly belonged to the lord of the manor. Evesham received two +later charters, but in 1688 that of 1605 was restored and still remains +the governing charter of the borough. Evesham returned two members to +parliament in 1295 and again in 1337, after which date the privilege +lapsed until 1604. Its two members were reduced to one by the act of +1867, and the borough was disfranchised in 1885. + +Evesham gave its name to the famous battle, fought on the 4th of August +1265, between the forces of Simon de Montfort, earl of Leicester, and +the royalist army under Prince Edward. After a masterly campaign, in +which the prince had succeeded in defeating Leicester in the valleys of +the Severn and Usk, and had destroyed the forces of the younger Montfort +at Kenilworth before he could effect a junction with the main body, the +royalist forces approached Evesham in the morning of the 4th of August +in time to intercept Leicester's march towards Kenilworth. Caught in the +bend of the river Avon by the converging columns, and surrounded on all +sides, the old earl attempted to cut his way out of the town to the +northward. At first the fury of his assault forced back the superior +numbers of the prince; but Simon's Welsh levies melted away and his +enemies closed the last avenue of escape. The final struggle took place +on Green Hill, a little to the north-west of the town, where the devoted +friends of de Montfort formed a ring round their leader, and died with +him. The spot is marked with an obelisk. + + + + +EVIDENCE (Lat. _evidentia_, _evideri_, to appear clearly), a term which +may be defined briefly as denoting the facts presented to the mind of a +person for the purpose of enabling him to decide a disputed question. +Evidence in the widest sense includes all such facts, and reference may +be made to the article LOGIC for the science or art of dealing with the +proper way of drawing correct conclusions and the nature of proof. In a +narrower sense, however, evidence includes in English law only such +facts as are allowed to be so presented in the course of judicial +proceedings. Thus we say that a fact is not evidence, meaning thereby +that it is not admissible as evidence in accordance with the rules of +English law. The law of legal evidence is part of the law of procedure. +It determines the kinds of evidence which may be produced in judicial +proceedings, and regulates the mode in which, and the conditions under +which, evidence may be produced and tested. + + + History. + +The English law of evidence is of comparatively modern growth. It +enshrines certain maxims, some derived from Roman law, some invented by +Coke, who, as J.B. Thayer says, "spawned Latin maxims freely." But for +the most part it was built up by English judges in the course of the +18th century, and consists of this judge-made law, as modified by +statutory enactments of the 19th century. Early Teutonic procedure knew +nothing of evidence in the modern sense, just as it knew nothing of +trials in the modern sense. What it knew was "proofs." There were two +modes of proof, ordeals and oaths. Both were appeals to the +supernatural. The judicial combat was a bilateral ordeal. Proof +followed, instead of preceding, judgment. A judgment of the court, +called by German writers the _Beweisurteil_, and by M.M. Bigelow the +"medial judgment," awarded that one of the two litigants must prove his +case, by his body in battle, or by a one-sided ordeal, or by an oath +with oath-helpers, or by the oaths of witnesses. The court had no desire +to hear or weigh conflicting testimony. To do so would have been to +exercise critical faculties, which the court did not possess, and the +exercise of which would have been foreign to the whole spirit of the +age. The litigant upon whom the burden of furnishing proof was imposed +had a certain task to perform. If he performed it, he won; if he failed, +he lost. The number of oath-helpers varied in different cases, and was +determined by the law or by the court. They were probably, at the +outset, kinsmen, who would have had to take up the blood-feud. At a +later stage they became witnesses to character. In the cases, +comparatively rare, where the oaths of witnesses were admitted as proof, +their oaths differed materially from the sworn testimony of modern +courts. As a rule no one could testify to a fact unless, when the fact +happened, he was solemnly "taken to witness." Then, when the witness was +adduced, he came merely to swear to a set formula. He did not make a +promissory oath to answer questions truly. He merely made an assertory +oath in a prescribed form. + +In the course of the 12th and 13th centuries the old formal accusatory +procedure began to break down, and to be superseded by another form of +procedure known as _inquisitio_, inquest, or _enquete_. Its decay was +hastened by the decree of the fourth Lateran Council in 1215, which +forbade ecclesiastics to take part in ordeals. The Norman administrative +system introduced into England by the Conquest was familiar with a +method of ascertaining and determining facts by means of a verdict, +return or finding made on oath by a body of men drawn from the locality. +The system may be traced to Carolingian, and even earlier, sources. +Henry II., by instituting the grand assize and the four petty assizes, +placed at the disposal of litigants in certain actions the opportunity +of giving proof by the verdict of a sworn inquest of neighbours, proof +"by the country." The system was gradually extended to other cases, +criminal as well as civil. The verdict given was that of persons having +a general, but not necessarily a particular, acquaintance with the +persons, places and facts to which the inquiry related. It was, in fact, +a finding by local popular opinion. Had the finding of such an inquest +been treated as final and conclusive in criminal cases, English criminal +procedure might, like the continental inquisition, the French _enquete_, +have taken the path which, in the forcible language of Fortescue (_De +laudibus_, &c.) "leads to hell" (_semita ipsa est ad gehennam_). +Fortunately English criminal procedure took a different course. The +spirit of the old accusatory procedure was applied to the new procedure +by inquest. In serious cases the words of the jurors, the accusing +jurors, were treated not as testimony, but as accusation, the new +indictment was treated as corresponding to the old appeal, and the +preliminary finding by the accusing jury had to be supplemented by the +verdict of another jury. In course of time the second jury were required +to base their findings not on their own knowledge, but on evidence +submitted to them. Thus the modern system of inquiry by grand jury and +trial by petty jury was gradually developed. + +A few words may here be said about the parallel development of criminal +procedure on the continent of Europe. The tendency in the 12th and 13th +centuries to abolish the old formal methods of procedure, and to give +the new procedure the name of inquisition or inquest, was not peculiar +to England. Elsewhere the old procedure was breaking down at the same +time, and for similar reasons. It was the great pope Innocent III., the +pope of the fourth Lateran Council, who introduced the new +inquisitorial procedure into the canon law. The procedure was applied to +cases of heresy, and, as so applied, especially by the Dominicans, +speedily assumed the features which made it infamous. "Every safeguard +of innocence was abolished or disregarded; torture was freely used. +Everything seems to have been done to secure a conviction." Yet, in +spite of its monstrous defects, the inquisitorial procedure of the +ecclesiastical courts, secret in its methods, unfair to the accused, +having torture as an integral element, gradually forced its way into the +temporal courts, and may almost be said to have been adopted by the +common law of western Europe. In connexion with this inquisitorial +procedure continental jurists elaborated a theory of evidence, or +judicial proofs, which formed the subject of an extensive literature. +Under the rules thus evolved full proof (_plena probatio_) was essential +for conviction, in the absence of confession, and the standard of full +proof was fixed so high that it was in most cases unattainable. It +therefore became material to obtain confession by some means or other. +The most effective means was torture, and thus torture became an +essential feature in criminal procedure. The rules of evidence attempted +to graduate the weight to be attached to different kinds of testimony +and almost to estimate that weight in numerical terms. "Le parlement de +Toulouse," said Voltaire, "a un usage tres singulier dans les preuves +par temoins. On admet ailleurs des demi-preuves, ... mais a Toulouse on +admet des quarts et des huitiemes de preuves." Modern continental +procedure, as embodied in the most recent codes, has removed the worst +features of inquisitorial procedure, and has shaken itself free from the +trammels imposed by the old theory and technical rules of proof. But in +this, as in other branches of law, France seems to have paid the penalty +for having been first in the field with codification by lagging behind +in material reforms. The French Code of Criminal Procedure was largely +based on Colbert's Ordonnance of 1670, and though embodying some +reforms, and since amended on certain points, still retains some of the +features of the unreformed procedure which was condemned in the 18th +century by Voltaire and the _philosophes_. Military procedure is in the +rear of civil procedure, and the trial of Captain Dreyfus at Rennes in +1899 presented some interesting archaisms. Among these were the weight +attached to the rank and position of witnesses as compared with the +intrinsic character of their evidence, and the extraordinary importance +attributed to confession even when made under suspicious circumstances +and supported by flimsy evidence. + +The history of criminal procedure in England has been traced by Sir +James Stephen. The modern rules and practice as to evidence and +witnesses in the common law courts, both in civil and in criminal cases, +appear to have taken shape in the course of the 18th century. The first +systematic treatise on the English law of evidence appears to have been +written by Chief Baron Gilbert, who died in 1726, but whose _Law of +Evidence_ was not published until 1761. In writing it he is said to have +been much influenced by Locke.[1] It is highly praised by Blackstone as +"a work which it is impossible to abstract or abridge without losing +some beauty and destroying the charm of the whole"; but Bentham, who +rarely agrees with Blackstone, speaks of it as running throughout "in +the same strain of anility, garrulity, narrow-mindedness, absurdity, +perpetual misrepresentation and indefatigable self-contradiction." In +any case it remained the standard authority on the law of evidence +throughout the remainder of the 18th century. Bentham wrote his +_Rationale of Judicial Evidence, specially applied to English Practice_, +at various times between the years 1802 and 1812. By this time he had +lost the nervous and simple style of his youth, and required an editor +to make him readable. His great interpreter, Dumont, condensed his views +on evidence into the _Traite des preuves judiciaires_, which was +published in 1823. The manuscript of the _Rationale_ was edited for +English reading, and to a great extent rewritten, by J.S. Mill, and was +published in five volumes in 1827. The book had a great effect both in +England and on the continent. The English version, though crabbed and +artificial in style, and unmeasured in its invective, is a storehouse of +comments and criticisms on the principles of evidence and the practice +of the courts, which are always shrewd and often profound. Bentham +examined the practice of the courts by the light of practical utility. +Starting from the principle that the object of judicial evidence is the +discovery of truth, he condemned the rules which excluded some of the +best sources of evidence. The most characteristic feature of the +common-law rules of evidence was, as Bentham pointed out, and, indeed, +still is, their exclusionary character. They excluded and prohibited the +use of certain kinds of evidence which would be used in ordinary +inquiries. In particular, they disqualified certain classes of witnesses +on the ground of interest in the subject-matter of the inquiry, instead +of treating the interest of the witness as a matter affecting his +credibility. It was against this confusion between competency and +credibility that Bentham directed his principal attack. He also attacked +the system of paper evidence, evidence by means of affidavits instead of +by oral testimony in court, which prevailed in the court of chancery, +and in ecclesiastical courts. Subsequent legislation has endorsed his +criticisms. The Judicature Acts have reduced the use of affidavits in +chancery proceedings within reasonable limits. A series of acts of +parliament have removed, step by step, almost all the disqualifications +which formerly made certain witnesses incompetent to testify. + +Before Bentham's work appeared, an act of 1814 had removed the +incompetency of ratepayers as witnesses in certain cases relating to +parishes. The Civil Procedure Act 1833 enacted that a witness should not +be objected to as incompetent, solely on the ground that the verdict or +judgment would be admissible in evidence for or against him. An act of +1840 removed some doubts as to the competency of ratepayers to give +evidence in matters relating to their parish. The Evidence Act 1843 +enacted broadly that witnesses should not be excluded from giving +evidence by reason of incapacity from crime or interest. The Evidence +Act 1851 made parties to legal proceedings admissible witnesses subject +to a proviso that "nothing herein contained shall render any person who +in any criminal proceeding is charged with the commission of any +indictable offence, or any offence punishable on summary conviction, +competent or compellable to give evidence for or against himself or +herself, or shall render any person compellable to answer any question +tending to criminate himself or herself, or shall in any criminal +proceeding render any husband competent or compellable to give evidence +for or against his wife, or any wife competent or compellable to give +evidence for or against her husband." The Evidence (Scotland) Act 1853 +made a similar provision for Scotland. The Evidence Amendment Act 1853 +made the husbands and wives of parties admissible witnesses, except that +husbands and wives could not give evidence for or against each other in +criminal proceedings or in proceedings for adultery, and could not be +compelled to disclose communications made to each other during marriage. +Under the Matrimonial Causes Act 1857 the petitioner can be examined and +cross-examined on oath at the hearing, but is not bound to answer any +question tending to show that he or she has been guilty of adultery. +Under the Matrimonial Causes Act 1859, on a wife's petition for +dissolution of marriage on the ground of adultery coupled with cruelty +or desertion, husband and wife are competent and compellable to give +evidence as to the cruelty or desertion. The Crown Suits &c. Act 1865 +declared that revenue proceedings were not to be treated as criminal +proceedings for the purposes of the acts of 1851 and 1853. The Evidence +Further Amendment Act 1869 declared that parties to actions for breach +of promise of marriage were competent to give evidence in the action, +subject to a proviso that the plaintiff should not recover unless his or +her testimony was corroborated by some other material evidence. It also +made the parties to proceedings instituted in consequence of adultery, +and their husbands and wives, competent to give evidence, but a witness +in any such proceeding, whether a party or not, is not to be liable to +be asked or bound to answer any question tending to show that he or she +has been guilty of adultery, unless the witness has already given +evidence in the same proceeding in disproof of the alleged adultery. +There are similar provisions applying to Scotland in the Conjugal Rights +(Scotland) Amendment Act 1861, and the Evidence Further Amendment +(Scotland) Act 1874. The Evidence Act 1877 enacts that "on the trial of +any indictment or other proceeding for the non-repair of any public +highway or bridge, or for a nuisance to any public highway, river, or +bridge, and of any other indictment or proceeding instituted for the +purpose of trying or enforcing a civil right only, every defendant to +such indictment or proceeding, and the wife or husband of any such +defendant shall be admissible witnesses and compellable to give +evidence." From 1872 onwards numerous enactments were passed making +persons charged with particular offences, and their husbands and wives, +competent witnesses. The language and effect of these enactments were +not always the same, but the insertion of some provision to this effect +in an act creating a new offence, especially if it was punishable by +summary proceedings, gradually became almost a common form in +legislation. In the year 1874 a bill to generalize these particular +provisions, and to make the evidence of persons charged with criminal +offences admissible in all cases was introduced by Mr Gladstone's +government, and was passed by the standing committee of the House of +Commons. During the next fourteen years bills for the same purpose were +repeatedly introduced, either by the government of the day, or by Lord +Bramwell as an independent member of the House of Lords. Finally the +Criminal Evidence Act 1898, introduced by Lord Halsbury, has enacted in +general terms that "every person charged with an offence, and the wife +or husband, as the case may be, of the person so charged, shall be a +competent witness for the defence at every stage of the proceedings, +whether the person so charged is charged solely or jointly with any +other person." But this general enactment is qualified by some special +restrictions, the nature of which will be noticed below. The act applies +to Scotland but not to Ireland. It was not to apply to proceedings in +courts-martial unless so applied by general orders or rules made under +statutory authority. The provisions of the act have been applied by +rules to military courts-martial, but have not yet been applied to naval +courts-martial. The removal of disqualifications for want of religious +belief is referred to below under the head of "Witnesses." + + + Literature. + + The act of 1898 finishes for the present the history of English + legislation on evidence. For a view of the legal literature on the + subject it is necessary to take a step backwards. Early in the 19th + century Chief Baron Gilbert was superseded as an authority on the + English law of evidence by the books of Phillips (1814) and Starkie + (1824), who were followed by Roscoe (_Nisi Prius_, 1827; Criminal + Cases, 1835), Greenleaf (American, 1842), Taylor (based on Greenleaf, + 1848), and Best (1849). In 1876 Sir James FitzJames Stephen brought + out his _Digest of the Law of Evidence_, based upon the Indian + Evidence Act 1872, which he had prepared and passed as law member of + the council of the governor-general of India. This Digest obtained a + rapid and well-deserved success, and has materially influenced the + form of subsequent writings on the English law of evidence. It sifted + out what Stephen conceived to be the main rules of evidence from the + mass of extraneous matter in which they had been embedded. Roscoe's + Digests told the lawyer what things must be proved in order to sustain + particular actions or criminal charges, and related as much to + pleadings and to substantive law as to evidence proper. Taylor's two + large volumes were a vast storehouse of useful information, but his + book was one to consult, not to master. Stephen eliminated much of + this extraneous matter, and summed up his rules in a series of + succinct propositions, supplemented by apt illustrations, and couched + in such a form that they could be easily read and remembered. Hence + the English Digest, like the Indian Act, has been of much educational + value. Its most original feature, but unfortunately also its weakest + point, is its theory of relevancy. Pondering the multitude of + "exclusionary" rules which had been laid down by the English courts, + Stephen thought that he had discovered the general principle on which + those rules reposed, and could devise a formula by which the principle + could be expressed. "My study of the subject," he says, "both + practically and in books has convinced me that the doctrine that all + facts in issue and relevant to the issue, and no others, may be + proved, is the unexpressed principle which forms the centre of and + gives unity to all the express negative rules which form the great + mass of the law." The result was the chapter on the relevancy of facts + in the Indian Evidence Act, and the definition of relevancy in s. 7 of + that act. This definition was based on the view that a distinction + could be drawn between things which were and things which were not + causally connected with each other, and that relevancy depended on + causal connexion. Subsequent criticism convinced Stephen that his + definition was in some respects too narrow and in others too wide, and + eventually he adopted a definition out of which all reference to + causality was dropped. But even in their amended form the provisions + about relevancy are open to serious criticism. The doctrine of + relevancy, i.e. of the probative effect of facts, is a branch of + logic, not of law, and is out of place both in an enactment of the + legislature and in a compendium of legal rules. The necessity under + which Stephen found himself of extending the range of relevant facts + by making it include facts "deemed to be relevant," and then narrowing + it by enabling the judge to exclude evidence of facts which are + relevant, illustrates the difference between the rules of logic and + the rules of law. Relevancy is one thing; admissibility is another; + and the confusion between them, which is much older than Stephen, is + to be regretted. Rightly or wrongly English judges have, on practical + grounds, declared inadmissible evidence of facts, which are relevant + in the ordinary sense of the term, and which are so treated in + non-judicial inquiries. Under these circumstances the attempt so to + define relevancy as to make it conterminous with admissibility is + misleading, and most readers of Stephen's Act and Digest would find + them more intelligible and more useful if "admissible" were + substituted for "relevant" throughout. Indeed it is hardly too much to + say that Stephen's doctrine of relevancy is theoretically unsound and + practically useless. The other parts of the work contain terse and + vigorous statements of the law, but a Procrustean attempt to make + legal rules square with a preconceived theory has often made the + language and arrangement artificial, and the work, in spite of its + compression, still contains rules which, under a more scientific + treatment, would find their appropriate place in other branches of the + law. These defects are characteristic of a strong and able man, who + saw clearly, and expressed forcibly what he did see, but was apt to + ignore or to deny the existence of what he did not see, whose mind was + vigorous rather than subtle or accurate, and who, in spite of his + learning, was somewhat deficient in the historical sense. But + notwithstanding these defects, the conspicuous ability of the author, + his learning, and his practical experience, especially in criminal + cases, attach greater weight to FitzJames Stephen's statements than to + those of any other English writer on the law of evidence. + + + Rules. + +The object of every trial is, or may be, to determine two classes of +questions or issues, which are usually distinguished as questions of +law, and questions of fact, although the distinction between them is not +so clear as might appear on a superficial view. In a trial by jury these +two classes of questions are answered by different persons. The judge +lays down the law. The jury, under the guidance of the judge, find the +facts. It was with reference to trial by jury that the English rules of +evidence were originally framed; it is by the peculiarities of this form +of trial that many of them are to be explained; it is to this form of +trial alone that some of the most important of them are exclusively +applicable. The negative, exclusive, or exclusionary rules which form +the characteristic features of the English law of evidence, are the +rules in accordance with which the judge guides the jury. There is no +difference of principle between the method of inquiry in judicial and in +non-judicial proceedings. In either case a person who wishes to find out +whether a particular event did or did not happen, tries, in the first +place, to obtain information from persons who were present and saw what +happened (direct evidence), and, failing this, to obtain information +from persons who can tell him about facts from which he can draw an +inference as to whether the event did or did not happen (indirect +evidence). But in judicial inquiries the information given must be given +on oath, and be liable to be tested by cross-examination. And there are +rules of law which exclude from the consideration of the jury certain +classes of facts which, in an ordinary inquiry, would, or might, be +taken into consideration. Facts so excluded are said to be "not +admissible as evidence," or "not evidence," according as the word is +used in the wider or in the narrower sense. And the easiest way of +determining whether a fact is or is not evidence in the narrower sense, +is first to consider whether it has any bearing on the question to be +tried, and, if it has, to consider whether it falls within any one or +more of the rules of exclusion laid down by English law. These rules of +exclusion are peculiar to English law and to systems derived from +English law. They have been much criticized, and some of them have been +repealed or materially modified by legislation. Most of them may be +traced to directions given by a judge in the course of trying a +particular case, given with special reference to the circumstances of +that case, but expressed in general language, and, partly through the +influence of text-writers, eventually hardened into general rules. In +some cases their origin is only intelligible by reference to obsolete +forms of pleading or practice. But in most cases they were originally +rules of convenience laid down by the judge for the assistance of the +jury. The judge is a man of trained experience, who has to arrive at a +conclusion with the help of twelve untrained men, and who is naturally +anxious to keep them straight, and give them every assistance in his +power. The exclusion of certain forms of evidence assists the jury by +concentrating their attention on the questions immediately before them, +and by preventing them from being distracted or bewildered by facts +which either have no bearing on the question before them, or have so +remote a bearing on those questions as to be practically useless as +guides to the truth. It also prevents a jury from being misled by +statements the effect of which, through the prejudice they excite, is +out of all proportion to their true weight. In this respect the rules of +exclusion may be compared to blinkers, which keep a horse's eyes on the +road before him. In criminal cases the rules of exclusion secure fair +play to the accused, because he comes to the trial prepared to meet a +specific charge, and ought not to be suddenly confronted by statements +which he had no reason to expect would be made against him. They protect +absent persons against statements affecting their character. And lastly +they prevent the infinite waste of time which would ensue in the +discussion of a question of fact if an inquiry were allowed to branch +out into all the subjects with which that fact is more or less +connected. The purely practical grounds on which the rules are based, +according to the view of a great judge, may be illustrated by some +remarks of Mr Justice Willes (1814-1872). In discussing the question +whether evidence of the plaintiff's conduct on other occasions ought to +be admitted, he said:-- + + "It is not easy in all cases to draw the line and to define with + accuracy where probability ceases and speculation begins; but we are + bound to lay down the rule to the best of our ability. No doubt the + rule as to confining the evidence to that which is relevant and + pertinent to the issue is one of great importance, not only as regards + the particular case, but also with reference to saving the time of the + court, and preventing the minds of the jury from being drawn away from + the real point they have to decide.... Now it appears to me that the + evidence proposed to be given in this case, if admitted, would not + have shown that it was more probable that the contract was subject to + the condition insisted upon by the defendant. The question may be put + thus, Does the fact of a person having once or many times in his life + done a particular act in a particular way make it more probable that + he has done the same thing in the same way upon another and different + occasion? To admit such speculative evidence would, I think, be + fraught with great danger.... If such evidence were held admissible it + would be difficult to say that the defendant might not in any case, + where the question was whether or not there had been a sale of goods + on credit, call witnesses to prove that the plaintiff had dealt with + other persons upon a certain credit; or, in an action for an assault, + that the plaintiff might not give evidence of former assaults + committed by the defendant upon other persons, or upon other persons + of a particular class, for the purpose of showing that he was a + quarrelsome individual, and therefore that it was highly probable that + the particular charge of assault was well founded. The extent to which + this sort of thing might be carried is inconceivable.... To obviate + the prejudices, the injustice, and the waste of time to which the + admission of such evidence would lead, and bearing in mind the extent + to which it might be carried, and that litigants are mortal, it is + necessary not only to adhere to the rule, but to lay it down strictly. + I think, therefore, the fact that the plaintiff had entered into + contracts of a particular kind with other persons on other occasions + could not be properly admitted in evidence where no custom of trade + to make such contracts, and no connexion between such and the one in + question, was shown to exist" (_Hollingham v. Head_, 1858, 4 C.B. N.S. + 388). + +There is no difference between the principles of evidence in civil and +in criminal cases, although there are a few special rules, such as those +relating to confessions and to dying declarations, which are only +applicable to criminal proceedings. But in civil proceedings the issues +are narrowed by mutual admissions of the parties, more use is made of +evidence taken out of court, such as affidavits, and, generally, the +rules of evidence are less strictly applied. It is often impolitic to +object to the admission of evidence, even when the objection may be +sustained by previous rulings. The general tendency of modern procedure +is to place a more liberal and less technical construction on rules of +evidence, especially in civil cases. In recent volumes of law reports +cases turning on the admissibility of evidence are conspicuous by their +rarity. Various causes have operated in this direction. One of them has +been the change in the system of pleading, under which each party now +knows before the actual trial the main facts on which his opponent +relies. Another is the interaction of chancery and common-law practice +and traditions since the Judicature Acts. In the chancery courts the +rules of evidence were always less carefully observed, or, as +Westminster would have said, less understood, than in the courts of +common law. A judge trying questions of fact alone might naturally think +that blinkers, though useful for a jury, are unnecessary for a judge. +And the chancery judge was apt to read his affidavits first, and to +determine their admissibility afterwards. In the meantime they had +affected his mind. + +The tendency of modern text-writers, among whom Professor J.B. Thayer +(1831-1902), of Harvard, was perhaps the most independent, instructive +and suggestive, is to restrict materially the field occupied by the law +of evidence, and to relegate to other branches of the law topics +traditionally treated under the head of evidence. Thus in every way the +law of evidence, though still embodying some principles of great +importance, is of less comparative importance as a branch of English law +than it was half a century ago. Legal rules, like dogmas, have their +growth and decay. First comes the judge who gives a ruling in a +particular case. Then comes the text-writer who collects the scattered +rulings, throws them into the form of general propositions, connects +them together by some theory, sound or unsound, and often ignores or +obscures their historical origin. After him comes the legislator who +crystallizes the propositions into enactments, not always to the +advantage of mankind. So also with decay. Legal rules fall into the +background, are explained away, are ignored, are denied, are overruled. +Much of the English law of evidence is in a stage of decay. + +The subject-matter of the law of evidence may be arranged differently +according to the taste or point of view of the writer. It will be +arranged here under the following heads:--I. Preliminary Matter; II. +Classes of Evidence; III. Rules of Exclusion; IV. Documentary Evidence; +V. Witnesses. + + +I. PRELIMINARY MATTER + +Under this head may be grouped certain principles and considerations +which limit the range of matters to which evidence relates. + +1. _Law and Fact._--Evidence relates only to facts. It is therefore +necessary to touch on the distinction between law and facts. _Ad +quaestionem facti non respondent judices; ad quaestionem juris non +respondent juratores._ Thus Coke, attributing, after his wont, to +Bracton a maxim which may have been invented by himself. The maxim +became the subject of political controversy, and the two rival views are +represented by Pulteney's lines-- + + "For twelve honest men have decided the cause + Who are judges alike of the facts and the laws," + +and by Lord Mansfield's variant-- + + "Who are judges of facts, but not judges of laws." + +The particular question raised with respect to the law of libel was +settled by Fox's Libel Act 1792. Coke's maxim describes in a broad +general way the distinction between the functions of the judge and of +the jury, but is only true subject to important qualifications. Judges +in jury cases constantly decide what may be properly called questions of +fact, though their action is often disguised by the language applied or +the procedure employed. Juries, in giving a general verdict, often +practically take the law into their own hands. The border-line between +the two classes of questions is indicated by the "mixed questions of law +and fact," to use a common phrase, which arise in such cases as those +relating to "necessaries," "due diligence," "negligence," +"reasonableness," "reasonable and probable cause." In the treatment of +these cases the line has been drawn differently at different times, and +two conflicting tendencies are discernible. On the one hand, there is +the natural tendency to generalize common inferences into legal rules, +and to fix legal standards of duty. On the other hand, there is the +sound instinct that it is a mistake to define and refine too much in +these cases, and that the better course is to leave broadly to the jury, +under the general guidance of the judge, the question what would be done +by the "reasonable" or "prudent" man in particular cases. The latter +tendency predominates in modern English law, and is reflected by the +enactments in the recent acts codifying the law on bills of exchange and +sale of goods, that certain questions of reasonableness are to be +treated as questions of fact. On the same ground rests the dislike to +limit the right of a jury to give a general verdict in criminal cases. +Questions of custom begin by being questions of fact, but as the custom +obtains general recognition it becomes law. Many of the rules of the +English mercantile law were "found" as customs by Lord Mansfield's +special juries. Generally, it must be remembered that the jury act in +subordinate co-operation with the judge, and that the extent to which +the judge limits or encroaches on the province of the jury is apt to +depend on the personal idiosyncrasy of the judge. + +2. _Judicial Notice._--It may be doubted whether the subject of judicial +notice belongs properly to the law of evidence, and whether it does not +belong rather to the general topic of legal or judicial reasoning. +Matters which are the subject of judicial notice are part of the +equipment of the judicial mind. It would be absurd to require evidence +of every fact; many facts must be assumed to be known. The judge, like +the juryman, is supposed to bring with him to the consideration of the +question which he has to try common sense, a general knowledge of human +nature and the ways of the world, and also knowledge of things that +"everybody is supposed to know." Of such matters judicial notice is said +to be taken. But the range of general knowledge is indefinite, and the +range of judicial notice has, for reasons of convenience, been fixed or +extended, both by rulings of the judges and by numerous enactments of +the legislature. It would be impossible to enumerate here the matters of +which judicial notice must or may be taken. These are to be found in the +text-books. For present purposes it must suffice to say that they +include not only matters of fact of common and certain knowledge, but +the law and practice of the courts, and many matters connected with the +government of the country. + +3. _Presumptions._--A presumption in the ordinary sense is an inference. +It is an argument, based on observation, that what has happened in some +cases will probably happen in others of the like nature. The subject of +presumptions, so far as they are mere inferences or arguments, belongs, +not to the law of evidence, or to law at all, but to rules of reasoning. +But a legal presumption, or, as it is sometimes called, a presumption of +law, as distinguished from a presumption of fact, is something more. It +may be described, in Stephen's language, as "a rule of law that courts +and judges shall draw a particular inference from a particular fact, or +from particular evidence, unless and until the truth" (perhaps it would +be better to say 'soundness') "of the inference is disproved." Courts +and legislatures have laid down such rules on grounds of public policy +or general convenience, and the rules have then to be observed as rules +of positive law, not merely used as part of the ordinary process of +reasoning or argument. Some so-called presumptions are rules of +substantive law under a disguise. To this class appear to belong +"conclusive presumptions of law," such as the common-law presumption +that a child under seven years of age cannot commit a felony. So again +the presumption that every one knows the law is merely an awkward way of +saying that ignorance of the law is not a legal excuse for breaking it. +Of true legal presumptions, the majority may be dealt with most +appropriately under different branches of the substantive law, such as +the law of crime, of property, or of contract, and accordingly Stephen +has included in his _Digest of the Law of Evidence_ only some which are +common to more than one branch of the law. The effect of a presumption +is to impute to certain facts or groups of facts a prima facie +significance or operation, and thus, in legal proceedings, to throw upon +the party against whom it works the duty of bringing forward evidence to +meet it. Accordingly the subject of presumptions is intimately connected +with the subject of the burden of proof, and the same legal rule may be +expressed in different forms, either as throwing the advantage of a +presumption on one side, or as throwing the burden of proof on the +other. Thus the rule in Stephen's Digest, which says that the burden of +proving that any person has been guilty of a crime or wrongful act is on +the person who asserts it, appears in the article entitled "Presumption +of Innocence." Among the more ordinary and more important legal +presumptions are the presumption of regularity in proceedings, described +generally as a presumption _omnia esse rite acta_, and including the +presumption that the holder of a public office has been duly appointed, +and has duly performed his official duties, the presumption of the +legitimacy of a child born during the mother's marriage, or within the +period of gestation after her husband's death, and the presumptions as +to life and death. "A person shown not to have been heard of for seven +years by those (if any) who, if he had been alive, would naturally have +heard of him, is presumed to be dead unless the circumstances of the +case are such as to account for his not being heard of without assuming +his death; but there is no presumption as to the time when he died, and +the burden of proving his death at any particular time is upon the +person who asserts it. There is no presumption" (i.e. legal presumption) +"as to the age at which a person died who is shown to have been alive at +a given time, or as to the order in which two or more persons died who +are shown to have died in the same accident, shipwreck or battle" +(Stephen, _Dig._, art. 99). A document proved or purporting to be thirty +years old is presumed to be genuine, and to have been properly executed +and (if necessary) attested if produced from the proper custody. And the +legal presumption of a "lost grant," i.e. the presumption that a right +or alleged right which has been long enjoyed without interruption had a +legal origin, still survives in addition to the common law and statutory +rules of prescription. + +4. _Burden of Proof._--The expression _onus probandi_ has come down from +the classical Roman law, and both it and the Roman maxims, _Agenti +incumbit probatio_, _Necessitas probandi incumbit ei qui dicit non ei +qui negat_, and _Reus excipiendo fit actor_, must be read with reference +to the Roman system of actions, under which nothing was admitted, but +the plaintiff's case was tried first; then, unless that failed, the +defendant's on his _exceptio_; then, unless that failed, the plaintiff's +on his _replicatio_, and so on. Under such a system the burden was +always on the "actor." In modern law the phrase "burden of proof" may +mean one of two things, which are often confused--the burden of +establishing the proposition or issue on which the case depends, and the +burden of producing evidence on any particular point either at the +beginning or at a later stage of the case. The burden in the former +sense ordinarily rests on the plaintiff or prosecutor. The burden in the +latter sense, that of going forward with evidence on a particular point, +may shift from side to side as the case proceeds. The general rule is +that he who alleges a fact must prove it, whether the allegation is +couched in affirmative or negative terms. But this rule is subject to +the effect of presumptions in particular cases, to the principle that in +considering the amount of evidence necessary to shift the burden of +proof regard must be had to the opportunities of knowledge possessed by +the parties respectively, and to the express provisions of statutes +directing where the burden of proof is to lie in particular cases. Thus +many statutes expressly direct that the proof of lawful excuse or +authority, or the absence of fraudulent intent, is to lie on the person +charged with an offence. And the Summary Jurisdiction Act 1848 provides +that if the information or complaint in summary proceedings negatives +any exemption, exception, proviso, or condition in the statute on which +it is founded, the prosecutor or complainant need not prove the +negative, but the defendant may prove the affirmative in his defence. + + +II. CLASSES OF EVIDENCE + +Evidence is often described as being either oral or documentary. To +these two classes should be added a third, called by Bentham real +evidence, and consisting of things presented immediately to the senses +of the judge or the jury. Thus the judge or jury may go to view any +place the sight of which may help to an understanding of the evidence, +and may inspect anything sufficiently identified and produced in court +as material to the decision. Weapons, clothes and things alleged to have +been stolen or damaged are often brought into court for this purpose. +Oral evidence consists of the statements of witnesses. Documentary +evidence consists of documents submitted to the judge or jury by way of +proof. The distinction between primary and secondary evidence relates +only to documentary evidence, and will be noticed in the section under +that head. A division of evidence from another point of view is that +into direct and indirect, or, as it is sometimes called, circumstantial +evidence. By direct evidence is meant the statement of a person who saw, +or otherwise observed with his senses, the fact in question. By indirect +or circumstantial evidence is meant evidence of facts from which the +fact in question may be inferred. The difference between direct and +indirect evidence is a difference of kind, not of degree, and therefore +the rule or maxim as to "best evidence" has no application to it. Juries +naturally attach more weight to direct evidence, and in some legal +systems it is only this class of evidence which is allowed to have full +probative force. In some respects indirect evidence is superior to +direct evidence, because, as Paley puts it, "facts cannot lie," whilst +witnesses can and do. On the other hand facts often deceive; that is to +say, the inferences drawn from them are often erroneous. The +circumstances in which crimes are ordinarily committed are such that +direct evidence of their commission is usually not obtainable, and when +criminality depends on a state of mind, such as intention, that state +must necessarily be inferred by means of indirect evidence. + + +III. RULES OF EXCLUSION + +It seems desirable to state the leading rules of exclusion in their +crude form instead of obscuring their historical origin by attempting to +force them into the shape of precise technical propositions forming +parts of a logically connected system. The judges who laid the +foundations of our modern law of evidence, like those who first +discoursed on the duties of trustees, little dreamt of the elaborate and +artificial system which was to be based upon their remarks. The rules +will be found, as might be expected, to be vague, to overlap each other, +to require much explanation, and to be subject to many exceptions. They +may be stated as follows:--(1) Facts not relevant to the issue cannot be +admitted as evidence. (2) The evidence produced must be the best +obtainable under the circumstances. (3) Hearsay is not evidence. (4) +Opinion is not evidence. + +1. _Rule of Relevancy._--The so-called rule of relevancy is sometimes +stated by text-writers in the form in which it was laid down by Baron +Parke in 1837 (_Wright_ v. _Doe and Tatham_, 7 A. and E. 384), when he +described "one great principle" in the law of evidence as being that +"all facts which are relevant to the issue may be proved." Stated in +different forms, the rule has been made by FitzJames Stephen the central +point of his theory of evidence. But relevancy, in the proper and +natural sense, as we have said, is a matter not of law, but of logic. If +Baron Parke's dictum relates to relevancy in its natural sense it is +not true; if it relates to relevancy in a narrow and artificial sense, +as equivalent to admissible, it is tautological. Such practical +importance as the rule of relevancy possesses consists, not in what it +includes, but in what it excludes, and for that reason it seems better +to state the rule in a negative or exclusive form. But whether the rule +is stated in a positive or in a negative form its vagueness is apparent. +No precise line can be drawn between "relevant" and "irrelevant" facts. +The two classes shade into each other by imperceptible degrees. The +broad truth is that the courts have excluded from consideration certain +matters which have some bearing on the question to be decided, and +which, in that sense, are relevant, and that they have done so on +grounds of policy and convenience. Among the matters so excluded are +matters which are likely to mislead the jury, or to complicate the case +unnecessarily, or which are of slight, remote, or merely conjectural +importance. Instances of the classes of matters so excluded can be +given, but it seems difficult to refer their exclusion to any more +general principle than this. Rules as to evidence of character and +conduct appear to fall under this principle. Evidence is not admissible +to show that the person who is alleged to have done a thing was of a +disposition or character which makes it probable that he would or would +not have done it. This rule excludes the biographical accounts of the +prisoner which are so familiar in French trials, and is an important +principle in English trials. It is subject to three exceptions: first, +that evidence of good character is admissible in favour of the prisoner +in all criminal cases; secondly, that a prisoner indicted for rape is +entitled to call evidence as to the immoral character of the +prosecutrix; and thirdly, that a witness may be called to say that he +would not believe a previous witness on his oath. The exception allowing +the good character of a prisoner to influence the verdict, as +distinguished from the sentence, is more humane than logical, and seems +to have been at first admitted in capital cases only. The exception in +rape cases does not allow evidence to be given of specific acts of +immorality with persons other than the prisoner, doubtless on the ground +that such evidence would affect the reputations of third parties. Where +the character of a person is expressly in issue, as in actions of libel +and slander, the rule of exclusion, as stated above, does not apply. Nor +does it prevent evidence of bad character from being given in mitigation +of damages, where the amount of damages virtually depends on character, +as in cases of defamation and seduction. As to conduct there is a +similar general rule, that evidence of the conduct of a person on other +occasions is not to be used merely for the purpose of showing the +likelihood of his having acted in a similar way on a particular +occasion. Thus, on a charge of murder, the prosecutor cannot give +evidence of the prisoner's conduct to other persons for the purpose of +proving a bloodthirsty and murderous disposition. And in a civil case a +defendant was not allowed to show that the plaintiff had sold goods on +particular terms to other persons for the purpose of proving that he had +sold similar goods on the same terms to the defendant. But this general +rule must be carefully construed. Where several offences are so +connected with each other as to form parts of an entire transaction, +evidence of one is admissible as proof of another. Thus, where a +prisoner is charged with stealing particular goods from a particular +place, evidence may be given that other goods, taken from the same place +at the same time, were found in his possession. And where it is proved +or admitted that a person did a particular act, and the question is as +to his state of mind, that is to say, whether he did the act knowingly, +intentionally, fraudulently, or the like, evidence may be given of the +commission by him of similar acts on other occasions for the purpose of +proving his state of mind on the occasion. This principle is most +commonly applied in charges for uttering false documents or base coin, +and not uncommonly in charges for false pretences, embezzlement or +murder. In proceedings for the receipt or possession of stolen property, +the legislature has expressly authorized evidence to be given of the +possession by the prisoner of other stolen property, or of his previous +conviction of an offence involving fraud or dishonesty (Prevention of +Crimes Act 1871). Again, where there is a question whether a person +committed an offence, evidence may be given of any fact supplying a +motive or constituting preparation for the offence, of any subsequent +conduct of the person accused, which is apparently influenced by the +commission of the offence, and of any act done by him, or by his +authority, in consequence of the offence. Thus, evidence may be given +that, after the commission of the alleged offence, the prisoner +absconded, or was in possession of the property, or the proceeds of the +property, acquired by the offence, or that he attempted to conceal +things which were or might have been used in committing the offence, or +as to the manner in which he conducted himself when statements were made +in his presence and hearing. Statements made to or in the presence of a +person charged with an offence are admitted as evidence, not of the +facts stated, but of the conduct or demeanour of the person to whom or +in whose presence they are made, or of the general character of the +transaction of which they form part (under the _res gestae_ rule +mentioned below). + +2. _Best Evidence Rule._--Statements to the effect of the best evidence +rule were often made by Chief Justice Holt about the beginning of the +18th century, and became familiar in the courts. Chief Baron Gilbert, in +his book on evidence, which must have been written before 1726, says +that "the first and most signal rule in relation to evidence is this, +that a man must have the utmost evidence the nature of the fact is +capable of." And in the great case of _Omichund_ v. _Barker_ (1744), +Lord Hardwicke went so far as to say, "The judges and sages of the law +have laid down that there is but one general rule of evidence, the best +that the nature of the case will admit" (1 Atkyns 49). It is no wonder +that a rule thus solemnly stated should have found a prominent place in +text-books on the law of evidence. But, apart from its application to +documentary evidence, it does not seem to be more than a useful guiding +principle which underlies, or may be used in support of, several rules. + +It is to documentary evidence that the principle is usually applied, in +the form of the narrower rule excluding, subject to exceptions, +secondary evidence of the contents of a document where primary evidence +is obtainable. In this form the rule is a rule of exclusion, but may be +most conveniently dealt with in connexion with the special subject of +documentary evidence. As noticed above, the general rule does not apply +to the difference between direct and indirect evidence. And, doubtless +on account of its vague character, it finds no place in Stephen's +Digest. + +3. _Hearsay._--The term "hearsay" primarily applies to what a witness +has heard another person say in respect to a fact in dispute. But it is +extended to any statement, whether reduced to writing or not, which is +brought before the court, not by the author of the statement, but by a +person to whose knowledge the statement has been brought. Thus the +hearsay rule excludes statements, oral or written, made in the first +instance by a person who is not called as a witness in the case. +Historically this rule may be traced to the time when the functions of +the witnesses were first distinguished from the functions of the jury, +and when the witnesses were required by their formula to testify _de +visu suo et auditu_, to state what they knew about facts from the direct +evidence of their senses, not from the information of others. The rule +excludes statements the effect of which is liable to be altered by the +narrator, and which purport to have been made by persons who did not +necessarily speak under the sanction of an oath, and whose accuracy or +veracity is not tested by cross-examination. It is therefore of +practical utility in shutting out many loose statements and much +irresponsible gossip. On the other hand, it excludes statements which +are of some value as evidence, and may indeed be the only available +evidence. Thus, a statement has been excluded as hearsay, even though it +can be proved that the author of the statement made it on oath, or that +it was against his interest when he made it, or that he is prevented by +insanity or other illness from giving evidence himself, or that he has +left the country and disappeared, or that he is dead. + + Owing to the inconveniences which would be caused by a strict + application of the rule, it has been so much eaten into by exceptions + that some persons doubt whether the rule and the exceptions ought not + to change places. Among the exceptions the following may be noticed: + (a) _Certain sworn statements_.--In many cases statements made by a + person whose evidence is material, but who cannot come before the + court, or could not come before it without serious difficulty, delay + or expense, may be admitted as evidence under proper safeguards. Under + the Indictable Offences Act 1848, where a person has made a deposition + before a justice at a preliminary inquiry into an offence, his + deposition may be read in evidence on proof that the deponent is dead, + or too ill to travel, that the deposition was taken in the presence of + the accused person, and that the accused then had a full opportunity + of cross-examining the deponent. The deposition must appear to be + signed by the justice before whom it purports to have been taken. + Depositions taken before a coroner are admissible under the same + principle. And the principle probably extends to cases where the + deponent is insane, or kept away by the person accused. There are + other statutory provisions for the admission of depositions, as in the + Criminal Law Amendment Act 1867; the Foreign Jurisdiction Act 1890; + and the Children Act 1908, incorporating an act of 1894. In civil + cases the rule excluding statements not made in court at the trial is + much less strictly applied. Frequent use is made of evidence taken + before an examiner, or under a commission. Affidavits are freely used + for subordinate issues or under an arrangement between the parties, + and leave may be given to use evidence taken in other proceedings. The + old chancery practice, under which evidence, both at the trial and at + other stages of a proceeding, was normally taken by affidavit, + irrespectively of consent, was altered by the Judicature Acts. Under + the existing rules of the supreme court evidence may be given by + affidavit upon any motion, petition or summons, but the court or a + judge may, on the application of either party, order the attendance + for cross-examination of the person making the affidavit. (b) _Dying + declarations._--In a trial for murder or manslaughter a declaration by + the person killed as to the cause of his death, or as to any of the + circumstances of the transaction which resulted in his death, is + admissible as evidence. But this exception is very strictly construed. + It must be proved that the declarant, at the time of making the + declaration, was in actual danger of death, and had given up all hope + of recovery. (c) _Statements in pedigree cases._--On a question of + pedigree the statement of a deceased person, whether based on his own + personal knowledge or on family tradition, is admissible as evidence, + if it is proved that the person who made the statement was related to + the person about whose family relations the statement was made, and + that the statement was made before the question with respect to which + the evidence is required had arisen. (d) _Statements as to matters of + public or general interest._--Statements by deceased persons are + admissible as evidence of reputation or general belief in questions + relating to the existence of any public or general right or custom, or + matter of public and general interest. Statements of this kind are + constantly admitted in questions relating to right of way, or rights + of common, or manorial or other local customs. Maps, copies of court + rolls, leases and other deeds, and verdicts, judgments, and orders of + court fall within the exception in cases of this kind. (e) _Statements + in course of duty or business._--A statement with respect to a + particular fact made by a deceased person in pursuance of his duty in + connexion with any office, employment or business, whether public or + private, is admissible as evidence of that fact, if the statement + appears to have been made from personal knowledge, and at or about the + time when the fact occurred. This exception covers entries by clerks + and other employees. (f) _Statements against interest._--A statement + made by a deceased person against his pecuniary or proprietary + interest is admissible as evidence, without reference to the time at + which it was made. Where such a statement is admissible the whole of + it becomes admissible, though it may contain matters not against the + interest of the person who made it, and though the total effect may be + in his favour. Thus, where there was a question whether a particular + sum was a gift or a loan, entries in an account book of receipt of + interest on the sum were admitted, and a statement in the book that + the alleged debtor had on a particular date acknowledged the loan was + also admitted. (g) _Public documents._--Under this head may be placed + recitals in public acts of parliament, notices in the _London_, + _Edinburgh_, or _Dublin Gazette_ (which are made evidence by statute + in a large number of cases), and entries made in the performance of + duty in official registers or records, such as registers of births, + deaths or marriages, registers of companies, records in judicial + proceedings, and the like. An entry in a public document may be + treated as a statement made in the course of duty, but it is + admissible whether the person who made the statement is alive or dead, + and without any evidence as to personal knowledge, or the time at + which the statement is made. (h) _Admissions._--By the term + "admission," as here used, is meant a statement made out of the + witness-box by a party to the proceedings, whether civil or criminal, + or by some person whose statements are binding on that party, against + the interest of that party. The term includes admissions made in + answer to interrogatories, or to a notice to admit facts, but not + admissions made on the pleadings. Admissions, in this sense of the + term, are admissible as evidence against the person by whom they are + made, or on whom they are binding, without reference to the life or + death of the person who made them. A person is bound by the statements + of his agent, acting within the scope of his authority, and barristers + and solicitors are agents for their clients in the conduct of legal + proceedings. Conversely, a person suing or defending on behalf of + another, e.g. as agent or trustee, is bound by the statements of the + person whom he represents. Statements respecting property made by a + predecessor in title bind the successor. Where a statement is put in + evidence as an admission by, or binding on, any person, that person is + entitled to have the whole statement given in evidence. The principle + of this rule is obviously sound, because it would be unfair to pick + out from a man's statement what tells against him, and to suppress + what is in his favour. But the application of the rule is sometimes + attended with difficulty. An admission will not be allowed to be used + as evidence if it was made under a stipulation, express or implied, + that it should not be so used. Such admissions are said to be made + "without prejudice." (i) _Confessions._--A confession is an admission + by a person accused of an offence that he has committed the offence of + which he is accused. But the rules about admitting as evidence + confessions in criminal proceedings are much more strict than the + rules about admissions in civil proceedings. The general rule is, that + a confession is not admissible as evidence against any person except + the person who makes it. But a confession made by one accomplice in + the presence of another is admissible against the latter to this + extent, that, if it implicates him, his silence under the charge may + be used against him, whilst on the other hand his prompt repudiation + of the charge might tell in his favour. In other words, the confession + may be used as evidence of the conduct of the person in whose presence + it was made. A confession cannot be admitted as evidence unless proved + to be voluntary. A confession is not treated as being voluntary if it + appears to the court to have been caused by any inducement, threat or + promise which proceeded from a magistrate or other person in authority + concerned in the charge, and which, in the opinion of the court, gave + the accused person reasonable ground for supposing that by making a + confession he would gain some advantage or avoid some evil in + reference to the proceedings against him. This applies to any + inducement, threat or promise having reference to the charge, whether + it is addressed directly to the accused person or is brought to his + knowledge indirectly. But a confession is not involuntary merely + because it appears to have been caused by the exhortations of a person + in authority to make it as a matter of religious duty, or by an + inducement collateral to the proceedings, or by an inducement held out + by a person having nothing to do with the apprehension, prosecution or + examination of the prisoner. Thus, a confession made to a gaol + chaplain in consequence of religious exhortation has been admitted as + evidence. So also has a confession made by a prisoner to a gaoler in + consequence of a promise by the gaoler, that if the prisoner confessed + he should be allowed to see his wife. To make a confession + involuntary, the inducement must have reference to the prisoner's + escape from the charge against him, and must be made by some person + having power to relieve him, wholly or partially, from the + consequences of the charge. A confession is treated as voluntary if, + in the opinion of the court, it was made after the complete removal of + the impression produced by any inducement, threat or promise which + would have made it involuntary. Where a confession was made under an + inducement which makes the confession involuntary, evidence may be + given of facts discovered in consequence of the confession, and of so + much of the confession as distinctly relates to those facts. Thus, A. + under circumstances which make the confession involuntary, tells a + policeman that he, A., had thrown a lantern into the pond. Evidence + may be given that the lantern was found in the pond, and that A. said + he had thrown it there. It is of course improper to try to extort a + confession by fraud or under the promise of secrecy. But if a + confession is otherwise admissible as evidence, it does not become + inadmissible _merely_ because it was made under a promise of secrecy, + or in consequence of a deception practised on the accused person for + the purpose of obtaining it, or when he was drunk, or because it was + made in answer to questions, whether put by a magistrate or by a + private person, or because he was not warned that he was not bound to + make the confession, and that it might be used against him. If a + confession is given in evidence, the whole of it must be given, and + not merely the parts disadvantageous to the accused person. Evidence + amounting to a confession may be used as such against the person who + gave it, though it was given on oath, and though the proceeding in + which it was given had reference to the same subject-matter as the + proceeding in which it is to be used, and though the witness might + have refused to answer the questions put to him. But if, after + refusing to answer such questions, the witness is improperly compelled + to answer, his answers are not a voluntary confession. The grave + jealousy and suspicion with which the English law regards confessions + offer a marked contrast to the importance attached to this form of + evidence in other systems of procedure, such as the inquisitorial + system which long prevailed, and still to some extent prevails, on the + continent. (j) _Res gestae._--Statements are often admitted as + evidence on the ground that they form part of what is called the + "transaction," or _res gestae_, the occurrence or nature of which is + in question. For instance, where an act may be proved, statements + accompanying and explaining the act made by or to the person doing it, + may be given in evidence. There is no difficulty in understanding the + principle on which this exception from the hearsay rule rests, but + there is often practical difficulty in applying it, and the practice + has varied. How long is the "transaction" to be treated as lasting? + What ought to be treated as "the immediate and natural effect of + continuing action," and, for that reason, as part of the _res gestae_? + When an act of violence is committed, to what extent are the terms of + the complaint made by the sufferer, as distinguished from the fact of + a complaint having been made, admissible as evidence? These are some + of the questions raised. The cases in which statements by a person as + to his bodily or mental condition may be put in evidence may perhaps + be treated as falling under the same principle. In the Rugeley + poisoning case, statements by the deceased person before his illness + as to his state of health, and as to his symptoms during illness, were + admitted as evidence for the prosecution. Under the same principle may + also be brought the rule as to statements in conspiracy cases. In + charges of conspiracy, after evidence has been given of the existence + of the plot, and of the connexion of the accused with it, the charge + against one conspirator may be supported by evidence of anything done, + written, or said, not only by him, but by any other of the + conspirators, in furtherance of the common purpose. On the other hand, + a statement made by one conspirator, not in execution of the common + purpose, but in narration of some event forming part of the + conspiracy, would be treated, not as part of the "transaction," but as + a statement excluded by the hearsay rule. Thus the admissibility of + writings in conspiracy cases may depend on the time when they can be + shown to have been in the possession of a fellow-conspirator, whether + before or after the prisoner's apprehension. (k) _Complaints in rape + cases, &c._--In trials for rape and similar offences, the fact that + shortly after the commission of the alleged offence a complaint was + made by the person against whom the offence was committed, and also + the terms of the complaint, have been admitted as evidence, not of the + facts complained of, but of the consistency of the complainant's + conduct with the story told by her in the witness-box, and as + negativing consent on her part. + +4. _Opinion._--The rule excluding expressions of opinion also dates from +the first distinction between the functions of witnesses and jury. It +was for the witnesses to state facts, for the jury to form conclusions. +Of course every statement of fact involves inference, and implies a +judgment on phenomena observed by the senses. And the inference is often +erroneous, as in the answer to the question, "Was he drunk?" A prudent +witness will often guard himself, and is allowed to guard himself, by +answering to the best of his belief. But, for practical purposes, it is +possible to draw a distinction between a statement of facts observed and +an expression of opinion as to the inference to be drawn from these +facts, and the rule telling witnesses to state facts and not express +opinions is of great value in keeping their statements out of the region +of argument and conjecture. The evidence of "experts," that is to say, +of persons having a special knowledge of some particular subject, is +generally described as constituting the chief exception to the rule. But +perhaps it would be more accurate to say that experts are allowed a much +wider range than ordinary witnesses in the expression of their opinions, +and in the statement of facts on which their opinions are based. Thus, +in a poisoning case, a doctor may be asked as an expert whether, in his +opinion, a particular poison produces particular symptoms. And, where +lunacy is set up as a defence, an expert may be asked whether, in his +opinion, the symptoms exhibited by the alleged lunatic commonly show +unsoundness of mind, and whether such unsoundness of mind usually +renders persons incapable of knowing the nature of their acts, or of +knowing that what they do is either wrong or contrary to the law. +Similar principles are applied to the evidence of engineers, and in +numerous other cases. In cases of disputed handwriting the evidence of +experts in handwriting is expressly recognized by statute (Evidence and +Practice on Criminal Trials 1865). + + +IV. DOCUMENTARY EVIDENCE + +Charters and other writings were exhibited to the jury at a very early +date, and it is to writings so exhibited that the term "evidence" or +"evidences" seems to have been originally applied _par excellence_. The +oral evidence of witnesses came later. Where a document is to be used as +evidence the first question is how its contents are to be proved. To +this question the principle of "best evidence" applies, in the form of +the rule that primary evidence must be given except in the cases where +secondary evidence is allowed. By primary evidence is meant the document +itself produced for inspection. By secondary evidence is meant a copy +of the document, or verbal accounts of its contents. + + The rule as to the inadmissibility of a copy of a document is applied + much more strictly to private than to public or official documents. + Secondary evidence may be given of the contents of a private document + in the following cases: + + (a) Where the original is shown or appears to be in the possession of + the adverse party, and he, after having been served with reasonable + notice to produce it, does not do so. + + (b) Where the original is shown or appears to be in the possession or + power of a stranger not legally bound to produce it, and he, after + having been served with a writ of _subpoena duces tecum_, or after + having been sworn as a witness and asked for the document, and having + admitted that it is in court, refuses to produce it. + + (c) Where it is shown that proper search has been made for the + original, and there is reason for believing that it is destroyed or + lost. + + (d) Where the original is of such a nature as not to be easily + movable, as in the case of a placard posted on a wall, or of a + tombstone, or is in a country from which it is not permitted to be + removed. + + (e) Where the original is a document for the proof of which special + provision is made by any act of parliament, or any law in force for + the time being. Documents of that kind are practically treated on the + same footing as private documents. + + (f) Where the document is an entry in a banker's book, provable + according to the special provisions of the Bankers' Books Evidence Act + 1879. + + Secondary evidence of a private document is usually given either by + producing a copy and calling a witness who can prove the copy to be + correct, or, when there is no copy obtainable, by calling a witness + who has seen the document, and can give an account of its contents. No + general definition of public document is possible, but the rules of + evidence applicable to public documents are expressly applied by + statute to many classes of documents. Primary evidence of any public + document may be given by producing the document from proper custody, + and by a witness identifying it as being what it professes to be. + Public documents may always be proved by secondary evidence, but the + particular kind of secondary evidence required is in many cases + defined by statute. Where a document is of such a public nature as to + be admissible in evidence on its mere production from the proper + custody, and no statute exists which renders its contents provable by + means of a copy, any copy thereof or extract therefrom is admissible + as proof of its contents, if it is proved to be an examined copy or + extract, or purports to be signed or certified as a true copy or + extract by the officer to whose custody the original is entrusted. + Many statutes provide that various certificates, official and public + documents, documents and proceedings of corporations and of joint + stock and other companies, and certified copies of documents, by-laws, + entries in registers and other books, shall be receivable as evidence + of certain particulars in courts of justice, if they are authenticated + in the manner prescribed by the statutes. Whenever, by virtue of any + such provision, any such certificate or certified copy is receivable + as proof of any particular in any court of justice, it is admissible + as evidence, if it purports to be authenticated in the manner + prescribed by law, without calling any witness to prove any stamp, + seal, or signature required for its authentication, or the official + character of the person who appears to have signed it. The Documentary + Evidence Acts 1868, 1882 and 1895, provide modes of proving the + contents of several classes of proclamations, orders and regulations. + + If a document is of a kind which is required by law to be attested, + but not otherwise, an attesting witness must be called to prove its + due execution. But this rule is subject to the following exceptions: + + (a) If it is proved that there is no attesting witness alive, and + capable of giving evidence, then it is sufficient to prove that the + attestation of at least one attesting witness is in his handwriting, + and that the signature of the person executing the document is in the + handwriting of that person. + + (b) If the document is proved, or purports to be, more than thirty + years old, and is produced from what the court considers to be its + proper custody, an attesting witness need not be called, and it will + be presumed without evidence that the instrument was duly executed and + attested. + +Where a document embodies a judgment, a contract, a grant, or +disposition of property, or any other legal transaction or "act in the +law," on which rights depend, the validity of the transaction may be +impugned on the ground of fraud, incapacity, want of consideration, or +other legal ground. But this seems outside the law of evidence. In this +class of cases a question often arises whether extrinsic evidence can be +produced to vary the nature of the transaction embodied in the document. +The answer to this question seems to depend on whether the document was +or was not intended to be a complete and final statement of the +transaction which it embodies. If it was, you cannot go outside the +document for the purpose of ascertaining the nature of the transaction. +If it was not, you may. But the mere statement of this test shows the +difficulty of formulating precise rules, and of applying them when +formulated. FitzJames Stephen mentions, among the facts which may be +proved in these cases, the existence of separate and consistent oral +agreements as to matters on which the document is silent, if there is +reason to believe that the document is not a complete and final +statement of the transaction, and the existence of any usage or custom +with reference to which a contract may be presumed to have been made. +But he admits that the rules on the subject are "by no means easy to +apply, inasmuch as from the nature of the case an enormous number of +transactions fall close on one side or the other of most of them." The +underlying principle appears to be a rule of substantive law rather than +of evidence. When parties to an arrangement have reduced the terms of +the arrangement to a definite, complete, and final written form, they +should be bound exclusively by the terms embodied in that form. The +question in each case is under what circumstances they ought to be +treated as having done so. + +The expression "parol evidence," which includes written as well as +verbal evidence, has often been applied to the extrinsic evidence +produced for the purpose of varying the nature of the transaction +embodied in a document. It is also applied to extrinsic evidence used +for another purpose, namely, that of explaining the meaning of the terms +used in a document. The two questions, What is the real nature of the +transaction referred to in a document? and, What is the meaning of a +document? are often confused, but are really distinct from each other. +The rules bearing on the latter question are rules of construction or +interpretation rather than of evidence, but are ordinarily treated as +part of the law of evidence, and are for that reason included by +FitzJames Stephen in his Digest. In stating these rules he adopts, with +verbal modifications, the six propositions laid down by Vice-Chancellor +Wigram in his _Examinations of the Rules of Law respecting the admission +of Extrinsic Evidence in Aid of the Interpretation of Wills_. The +substance of these propositions appears to be this, that wherever the +meaning of a document cannot be satisfactorily ascertained from the +document itself, use may be made of any other evidence for the purpose +of elucidating the meaning, subject to one restriction, that, except in +cases of equivocation, i.e. where a person or thing is described in +terms applicable equally to more than one, resort cannot be had to +extrinsic expressions of the author's intention. + + +V. WITNESSES + +1. _Attendance._--If a witness does not attend voluntarily he can be +required to attend by a writ of _subpoena_. + +2. _Competency._--As a general rule every person is a competent witness. +Formerly persons were disqualified by crime or interest, or by being +parties to the proceedings, but these disqualifications have now been +removed by statute, and the circumstances which formerly created them do +not affect the competency, though they may often affect the credibility, +of a witness. + +Under the general law as it stood before the Criminal Evidence Act 1898 +came into force, a person charged with an offence was not competent to +give evidence on his own behalf. But many exceptions had been made to +this rule by legislation, and the rule itself was finally abolished by +the act of 1898. Under that law a person charged is a competent witness, +but he can only give evidence for the defence, and can only give +evidence if he himself applies to do so. Under the law as it stood +before 1898, persons jointly charged and being tried together were not +competent to give evidence either for or against each other. Under the +act of 1898 a person charged jointly with another is a competent +witness, but only for the defence, and not for the prosecution. If, +therefore, one of the persons charged applies to give evidence his +cross-examination must not be conducted with a view to establish the +guilt of the other. Consequently, if it is thought desirable to use +against one prisoner the evidence of another who is being tried with +him, the latter should be released, or a separate verdict of not guilty +taken against him. A prisoner so giving evidence is popularly said to +turn king's evidence. It follows that, subject to what has been said +above as to persons tried together, the evidence of an accomplice is +admissible against his principal, and _vice versa_. The evidence of an +accomplice is, however, always received with great jealousy and caution. +A conviction on the unsupported testimony of an accomplice may, in some +cases, be strictly legal, but the practice is to require it to be +confirmed by unimpeachable testimony in some material part, and more +especially as to his identification of the person or persons against +whom his evidence may be received. The wife of a person charged is now a +competent witness, but, except in certain special cases, she can only +give evidence for the defence, and can only give evidence if her husband +applies that she should do so. The special cases in which a wife can be +called as a witness either for the prosecution or for the defence, and +without the consent of the person charged, are cases arising under +particular enactments scheduled to the act of 1898, and relating mainly +to offences against wives and children, and cases in which the wife is +by common law a competent witness against her husband, i.e. where the +proceeding is against the husband for bodily injury or violence +inflicted on his wife. The rule of exclusion extends only to a lawful +wife. There is no ground for supposing that the wife of a prosecutor is +an incompetent witness. A witness is incompetent if, in the opinion of +the court, he is prevented by extreme youth, disease affecting his mind, +or any other cause of the same kind, from recollecting the matter on +which he is to testify, from understanding the questions put to him, +from giving rational answers to those questions, or from knowing that he +ought to speak the truth. A witness unable to speak or hear is not +incompetent, but may give his evidence by writing or by signs, or in any +other manner in which he can make it intelligible. The particular form +of the religious belief of a witness, or his want of religious belief, +does not affect his competency. This ground of incompetency has now been +finally removed by the Oaths Act 1888. It will be seen that the effect +of the successive enactments which have gradually removed the +disqualifications attaching to various classes of witnesses has been to +draw a distinction between the _competency_ of a witness and his +_credibility_. No person is disqualified on moral or religious grounds, +but his character may be such as to throw grave doubts on the value of +his evidence. No relationship, except to a limited extent that of +husband and wife, excludes from giving evidence. The parent may be +examined on the trial of the child, the child on that of the parent, +master for or against servant, and servant for or against master. The +relationship of the witness to the prosecutor or the prisoner in such +cases may affect the credibility of the witness, but does not exclude +his evidence. + +3. _Privilege._--It does not follow that, because a person is +_competent_ to give evidence, he can therefore be compelled to do so. + +No one, except a person charged with an offence when giving evidence on +his own application, and as to the offence wherewith he is charged, is +bound to answer a question if the answer would, in the opinion of the +court, have a tendency to expose the witness, or the wife or husband of +the witness, to any criminal charge, penalty, or forfeiture, which the +court regards as reasonably likely to be preferred or sued for. +Accordingly, an accomplice cannot be examined without his consent, but +if an accomplice who has come forward to give evidence on a promise of +pardon, or favourable consideration, refuses to give full and fair +information, he renders himself liable to be convicted on his own +confession. However, even accomplices in such circumstances are not +required to answer on their cross-examination as to other offences. +Where, under the new law, a person charged with an offence offers +himself as a witness, he may be asked any question in cross-examination, +notwithstanding that it would tend to criminate him as to the offence +charged. But he may not be asked, and if he is asked must not be +required to answer, any question tending to show that he has committed, +or been convicted of, or been charged with, any other offence, or is of +bad character, unless:-- + + (i.) The proof that he has committed, or been convicted of, the other + offence is admissible evidence to show that he is guilty of the + offence with which he is then charged; or, + + (ii.) He has personally, or by his advocate, asked questions of the + witnesses for the prosecution, with a view to establish his own good + character, or has given evidence of his good character, or the nature + or conduct of the defence is such as to involve imputations on the + character of the prosecutor or the witnesses for the prosecution; or, + + (iii.) He has given evidence against any other person charged with the + same offence. + +He may not be asked questions tending to criminate his wife. + +The privilege as to criminating answers does not cover answers merely +tending to establish a civil liability. No one is excused from answering +a question or producing a document only because the answer or document +may establish or tend to establish that he owes a debt, or is otherwise +liable to any civil proceeding. It is a privilege for the protection of +the witness, and therefore may be waived by him. But there are other +privileges which cannot be so waived. Thus, on grounds of public policy, +no one can be compelled, or is allowed, to give evidence relating to any +affairs of state, or as to official communications between public +officers upon public affairs, except with the consent of the head of the +department concerned, and this consent is refused if the production of +the information asked for is considered detrimental to the public +service. + +Again, in cases in which the government is immediately concerned, no +witness can be compelled to answer any question the answer to which +would tend to discover the names of persons by or to whom information +was given as to the commission of offences. It is, as a rule, for the +court to decide whether the permission of any such question would or +would not, under the circumstances of the particular case, be injurious +to the administration of justice. + +A husband is not compellable to disclose any communication made to him +by his wife during the marriage; and a wife is not compellable to +disclose any communication made to her by her husband during the +marriage. + +A legal adviser is not permitted, whether during or after the +termination of his employment as such, unless with his client's express +consent, to disclose any communication, oral or documentary, made to him +_as such legal adviser_, by or on behalf of his client, during, in the +course of, and for the purpose of his employment, or to disclose any +advice given by him to his client during, in the course of, and for the +purpose of such employment. But this protection does not extend to-- + +(a) Any such communication if made in furtherance of any criminal +purpose; nor + +(b) Any fact observed by a legal adviser in the course of his employment +as such, showing that any crime or fraud has been committed since the +commencement of his employment, whether his attention was directed to +such fact by or on behalf of his client or not; nor + +(c) Any fact with which the legal adviser became acquainted otherwise +than in his character as such. + +Medical men and clergymen are not privileged from the disclosure of +communications made to them in professional confidence, but it is not +usual to press for the disclosures of communications made to clergymen. + +4. _Oaths._--A witness must give his evidence under the sanction of an +oath, or of what is equivalent to an oath, that is to say, of a solemn +promise to speak the truth. The ordinary form of oath is adapted to +Christians, but a person belonging to a non-Christian religion may be +sworn in any form prescribed or recognized by the custom of his +religion. (See the article OATH.) + +5. _Publicity._--The evidence of a witness at a trial must, as a general +rule, be given in open court in the course of the trial. The secrecy +which was such a characteristic feature of the "inquisition" procedure +is abhorrent to English law, and, even where publicity conflicts with +decency, English courts are very reluctant to dispense with or relax the +safeguards for justice which publicity involves. + +6. _Examination._--The normal course of procedure is this. The party who +begins, i.e. ordinarily the plaintiff or prosecutor, calls his witnesses +in order. Each witness is first examined on behalf of the party for whom +he is called. This is called the examination in chief. Then he is liable +to be cross-examined on behalf of the other side. And, finally, he may +be re-examined on behalf of his own side. After the case for the other +side has been opened, the same procedure is adopted with the witnesses +for that side. In some cases the party who began is allowed to adduce +further evidence in reply to his opponent's evidence. The examination is +conducted, not by the court, but by or on behalf of the contending +parties. It will be seen that the principle underlying this procedure is +that of the duel, or conflict between two contending parties, each +relying on and using his own evidence, and trying to break down the +evidence of his opponent. It differs from the principle of the +"inquisition" procedure, in which the court takes a more active part, +and in which the cases for the two sides are not so sharply +distinguished. In a continental trial it is often difficult to determine +whether the case for the prosecution or the case for the defence is +proceeding. Conflicting witnesses stand up together and are "confronted" +with each other. In the examination in chief questions must be confined +to matters bearing on the main question at issue, and a witness must not +be asked leading questions, i.e. questions suggesting the answer which +the person putting the question wishes or expects to receive, or +suggesting disputed facts about which the witness is to testify. But the +rule about leading questions is not applied where the questions asked +are simply introductory, and form no part of the real substance of the +inquiry, or where they relate to matters which, though material, are not +disputed. And if the witness called by a person appears to be directly +hostile to him, or interested on the other side, or unwilling to reply, +the reason for the rules applying to examination in chief breaks down, +and the witness may be asked leading questions and cross-examined, and +treated in every respect as though he was a witness called on the other +side, except that a party producing a witness must not impeach his +credit by general evidence of bad character (Evidence and Practice on +Criminal Trials Act 1865). In cross-examination questions not bearing on +the main issue and leading questions may be put and (subject to the +rules as to privilege) must be answered, as the cross-examiner is +entitled to test the examination in chief by every means in his power. +Questions not bearing on the main issue are often asked in +cross-examination merely for the purpose of putting off his guard a +witness who is supposed to have learnt up his story. In +cross-examination questions may also be asked which tend either to test +the accuracy or credibility of the witness, or to shake his credit by +impeaching his motives or injuring his character. The licence allowed in +cross-examination has often been seriously abused, and the power of the +court to check it is recognized by one of the rules of the supreme court +(R.S.C. xxxvi. 39, added in 1883). It is considered wrong to put +questions which assume that facts have been proved which have not been +proved, or that answers have been given contrary to the fact. A witness +ought not to be pressed in cross-examination as to any facts which, if +admitted, would not affect the question at issue or the credibility of +the witness. If the cross-examiner intends to adduce evidence contrary +to the evidence given by the witness, he ought to put to the witness in +cross-examination the substance of the evidence which he proposes to +adduce, in order to give the witness an opportunity of retracting or +explaining. Where a witness has answered a question which only tends to +affect his credibility by injuring his character, it is only in a +limited number of cases that evidence can be given to contradict his +answer. Where he is asked whether he has ever been convicted of any +felony or misdemeanour, and denies or refuses to answer, proof may be +given of the truth of the facts suggested (28 & 29 Vict. c. 15, s. 6). +The same rule is observed where he is asked a question tending to show +that he is not impartial. Where a witness has previously made a +statement inconsistent with his evidence, proof may be given that he did +in fact make it. But before such proof is given the circumstances of the +alleged statement, sufficient to designate the particular occasion, +must be mentioned to the witness, and he must be asked whether he did or +did not make the statement. And if the statement was made in, or has +been reduced to, writing, the attention of the witness must, before the +writing is used against him, be called to those parts of the writing +which are to be used for the purpose of contradicting him (Evidence and +Practice on Criminal Trials Act 1865, ss. 4, 5). The credibility of a +witness may be impeached by the evidence of persons who swear that they, +from their knowledge of the witness, believe him to be unworthy of +credit on his oath. These persons may not on their examination in chief +give reasons for their belief, but they may be asked their reasons in +cross-examination, and their answers cannot be contradicted. When the +credit of a witness is so impeached, the party who called the witness +may give evidence in reply to show that the witness is worthy of credit. +Re-examination must be directed exclusively to the explanation of +matters referred to in cross-examination, and if new matter is, by the +permission of the court, introduced in re-examination, the other side +may further cross-examine upon it. A witness under examination may +refresh his memory by referring to any writing made by himself at or +about the time of the occurrence to which the writing relates, or made +by any other person, and read and found accurate by the witness at or +about the time. An expert may refresh his memory by reference to +professional treatises. + + For the history of the English law of evidence, see Brunner, + _Entstehung der Schwurgerichte_; Bigelow, _History of Procedure in + England_; Stephen (Sir J.F.), _History of the Criminal Law of + England_; Pollock and Maitland, _History of English Law_, bk. ii. ch. + ix.; Thayer, Preliminary Treatise on Evidence at the Common Law. The + principal text-books now in use are--Roscoe, _Digest of the Law of + Evidence on the Trial of Actions at Nisi Prius_ (18th ed., 1907); + Roscoe, _Digest of the Law of Evidence in Criminal Cases_ (13th ed., + 1908); Taylor, _Treatise on the Law of Evidence_ (10th ed., 1906); + Best, _Principles of the Law of Evidence_ (10th ed., 1906); Powell, + _Principles and Practice of the Law of Evidence_ (8th ed., 1904); + Stephen, _Digest of the Law of Evidence_ (8th ed., 1907); Wills, + _Theory and Practice of the Law of Evidence_ (1907). For the history + of the law of criminal evidence in France, see Esmein, _Hist. de la + procedure criminelle en France_. For Germany, see Holtzendorff, + _Encyclopadie der Rechtswissenschaft_ (passages indexed under head + "Beweis"); Holtzendorff, _Rechtslexikon_ ("Beweis"). (C. P. I.) + + +FOOTNOTE: + + [1] Reference may be made to a well-known passage in the _Essay + concerning Human Understanding_ (Book iv. ch. xv.): "The grounds of + probability are--First, the conformity of anything with our own + knowledge, observation and experience. Second, the testimony of + others touching their observation and experience. In the testimony of + others is to be considered (1) the number, (2) the integrity, (3) the + skill of the witnesses. (4) The design of the author, where it is a + testimony out of a book cited. (5) The consistency of the parts and + circumstances of the relation. (6) Contrary testimonies." + + + + +EVIL EYE. The terror of the arts of "fascination," i.e. that certain +persons can bewitch, injure and even kill with a glance, has been and is +still very widely spread. The power was not thought to be always +maliciously cultivated. It was as often supposed to be involuntary (cf. +Deuteronomy xxviii. 54); and a story is told of a Slav who, afflicted +with the evil eye, at last blinded himself in order that he might not be +the means of injuring his children (Woyciki, _Polish Folklore_, trans. +by Lewenstein, p. 25). Few of the old classic writers fail to refer to +the dread power. In Rome the "evil eye" was so well recognized that +Pliny states that special laws were enacted against injury to crops by +incantation, excantation or fascination. The power was styled [Greek: +baskania] by the Greeks and _fascinatio_ by the Latins. Children and +young animals of all kinds were thought to be specially susceptible. +Charms were worn against the evil eye both by man and beast, and in +Judges viii. 21 it is thought there is a reference to this custom in the +allusion to the "ornaments" on the necks of camels. In classic times the +wearing of amulets was universal. They were of three classes: (1) those +the intention of which was to attract on to themselves, as the +lightning-rod the lightning, the malignant glance; (2) charms hidden in +the bosom of the dress; (3) written words from sacred writings. Of these +three types the first was most numerous. They were oftenest of a +grotesque and generally grossly obscene nature. They were also made in +the form of frogs, beetles and so on. But the ancients did not wholly +rely on amulets. Spitting was among the Greeks and Romans a most common +antidote to the poison of the evil eye. According to Theocritus it is +necessary to spit three times into the breast of the person who fears +fascination. Gestures, too, often intentionally obscene, were regarded +as prophylactics on meeting the dreaded individual. The evil eye was +believed to have its impulse in envy, and thus it came to be regarded +as unlucky to have any of your possessions praised. Among the Romans, +therefore, it was customary when praising anything to add _Praefiscini +dixerim_ (Fain Evil! I should say). This custom survives in modern +Italy, where in like circumstances is said _Si mal occhio non ci fosse_ +(May the evil eye not strike it). The object of these conventional +phrases was to prove that the speaker was sincere and had no evil +designs in his praise. Though there is no set formula, traces of the +custom are found in English rural sayings, e.g. the Somersetshire "I +don't wish ee no harm, so I on't zay no more." This is what the Scots +call "fore-speaking," when praise beyond measure is likely to be +followed by disease or accident. A Manxman will never say he is very +well: he usually admits that he is "middling," or qualifies his +admission of good health by adding "now" or "just now." The belief led +in many countries to the saying, when one heard anybody or anything +praised superabundantly, "God preserve him or it." So in Ireland, to +avoid being suspected of having the evil eye, it is advisable when +looking at a child to say "God bless it"; and when passing a farm-yard +where cows are collected at milking time it is usual for the peasant to +say, "The blessing of God be on you and all your labour." Bacon writes: +"It seems some have been so curious as to note that the times when the +stroke ... of an envious eye does most hurt are particularly when the +party envied is beheld in glory and triumph." + +The powers of the evil eye seem indeed to have been most feared by the +prosperous. Its powers are often quoted as almost limitless. Thus one +record solemnly declares that in a town of Africa a fascinator called +Elzanar killed by his evil art no less than 80 people in two years (W.W. +Story, _Castle St Angelo_, 1877, p. 149). The belief as affecting cattle +was universal in the Scottish Highlands as late as the 18th century and +still lingers. Thus if a stranger looks admiringly on a cow the peasants +still think she will waste away, and they offer the visitor some of her +milk to drink in the belief that in this manner the spell is broken. The +modern Turks and Arabs also think that their horses and camels are +subject to the evil eye. But the people of Italy, especially the +Neapolitans, are the best modern instances of implicit believers. The +_jettatore_, as the owner of the evil eye is called, is so feared that +at his approach it is scarcely an exaggeration to say that a street will +clear: everybody will rush into doorways or up alleys to avoid the +dreaded glance. The _jettatore di bambini_ (fascinator of children) is +the most dreaded of all. The evil eye is still much feared for horses in +India, China, Turkey, Greece and almost everywhere where horses are +found. In rural England the pig is of all animals oftenest "overlooked." +While the Italians are perhaps the greatest believers in the evil eye as +affecting persons, the superstition is rife in the East. In India the +belief is universal. In Bombay the blast of the evil eye is supposed to +be a form of spirit-possession. In western India all witches and wizards +are said to be evil-eyed. Modern Egyptian mothers thus account for the +sickly appearance of their babies. In Turkey passages from the Koran are +painted on the outside of houses to save the inmates, and texts as +amulets are worn upon the person, or hung upon camels and horses by +Arabs, Abyssinians and other peoples. The superstition is universal +among savage races. + + For a full discussion see _Evil Eye_ by F.T. Elworthy (London, 1895); + also W.W. Story, _Castle St Angelo and the Evil Eye_ (1877); E.N. + Rolfe and H. Ingleby, _Naples in 1888_ (1888); Johannes Christian + Frommann, _Tractatus de fascinatione novus et singularis_, &c., &c. + (Nuremburg, 1675); R.C. Maclagan, _Evil Eye in the Western Highlands_ + (1902). + + + + +EVOLUTION. The modern doctrine of evolution or "evolving," as opposed to +that of simple creation, has been defined by Prof. James Sully in the +9th edition of this encyclopaedia as a "natural history of the cosmos +including organic beings, expressed in physical terms as a mechanical +process." The following exposition of the historical development of the +doctrine is taken from Sully's article, and for the most part is in his +own words. + +In the modern doctrine of evolution the cosmic system appears as a +natural product of elementary matter and its laws. The various grades of +life on our planet are the natural consequences of certain physical +processes involved in the gradual transformations of the earth. +Conscious life is viewed as conditioned by physical (organic and more +especially nervous) processes, and as evolving itself in close +correlation with organic evolution. Finally, human development, as +exhibited in historical and prehistorical records, is regarded as the +highest and most complex result of organic and physical evolution. This +modern doctrine of evolution is but an expansion and completion of those +physical theories (see below) which opened the history of speculation. +It differs from them in being grounded on exact and verified research. +As such, moreover, it is a much more limited theory of evolution than +the ancient. It does not necessarily concern itself about the question +of the infinitude of worlds in space and in time. It is content to +explain the origin and course of development of the world, the solar or, +at most, the sidereal system which falls under our own observation. It +would be difficult to say what branches of science had done most towards +the establishment of this doctrine. We must content ourselves by +referring to the progress of physical (including chemical) theory, which +has led to the great generalization of the conservation of energy; to +the discovery of the fundamental chemical identity of the matter of our +planet and of other celestial bodies, and of the chemical relations of +organic and inorganic bodies; to the advance of astronomical speculation +respecting the origin of the solar system, &c.; to the growth of the +science of geology which has necessitated the conception of vast and +unimaginable periods of time in the past history of our globe, and to +the rapid march of the biological sciences which has made us familiar +with the simplest types and elements of organism; finally, to the +development of the science of anthropology (including comparative +psychology, philology, &c.), and to the vast extension and improvement +of all branches of historical study. + +_History of the Idea of Evolution._--The doctrine of evolution in its +finished and definite form is a modern product. It required for its +formation an amount of scientific knowledge which could only be very +gradually acquired. It is vain, therefore, to look for clearly defined +and systematic presentations of the idea among ancient writers. On the +other hand, nearly all systems of philosophy have discussed the +underlying problems. Such questions as the origin of the cosmos as a +whole, the production of organic beings and of conscious minds, and the +meaning of the observable grades of creation, have from the dawn of +speculation occupied men's minds; and the answers to these questions +often imply a vague recognition of the idea of a gradual evolution of +things. Accordingly, in tracing the antecedents of the modern +philosophic doctrine we shall have to glance at most of the principal +systems of cosmology, ancient and modern. Yet since in these systems +inquiries into the _esse_ and _fieri_ of the world are rarely +distinguished with any precision, it will be necessary to indicate very +briefly the general outlines of the system so far as they are necessary +for understanding their bearing on the problems of evolution. + +_Mythological Interpretation._--The problem of the origin of the world +was the first to engage man's speculative activity. Nor was this line of +inquiry pursued simply as a step in the more practical problem of man's +final destiny. The order of ideas observable in children suggests the +reflection that man began to discuss the "whence" of existence before +the "whither." At first, as in the case of the child, the problem of the +genesis of things was conceived anthropomorphically: the question "How +did the world arise?" first shaped itself to the human mind under the +form "Who made the world?" As long as the problem was conceived in this +simple manner there was, of course, no room for the idea of a necessary +self-conditioned evolution. Yet the first indistinct germ of such an +idea appears to emerge in combination with that of creation in some of +the ancient systems of theogony. Thus, for example, in the myth of the +ancient Parsees, the gods Ormuzd and Ahriman are said to evolve +themselves out of a primordial matter. It may be supposed that these +crude fancies embody a dim recognition of the physical forces and +objects personified under the forms of deities, and a rude attempt to +account for their genesis as a natural process. These first +unscientific ideas of a genesis of the permanent objects of nature took +as their pattern the process of organic reproduction and development, +and this, not only because these objects were regarded as personalities, +but also because this particular mode of becoming would most impress +these early observers. This same way of looking at the origin of the +material world is illustrated in the Egyptian notion of a cosmic egg out +of which issues the god (Phta) who creates the world. + +_Indian Philosophy._--Passing from mythology to speculation properly so +called, we find in the early systems of philosophy of India theories of +emanation which approach in some respects the idea of evolution. Brahma +is conceived as the eternal self-existent being, which on its material +side unfolds itself to the world by gradually condensing itself to +material objects through the gradations of ether, fire, water, earth and +the elements. At the same time this eternal being is conceived as the +all-embracing world-soul from which emanates the hierarchy of individual +souls. In the later system of emanation of Sankhya there is a more +marked approach to a materialistic doctrine of evolution. If, we are +told, we follow the chain of causes far enough back we reach unlimited +eternal creative nature or matter. Out of this "principal thing" or +"original nature" all material and spiritual existence issues, and into +it will return. Yet this primordial creative nature is endowed with +volition with regard to its own development. Its first emanation as +plastic nature contains the original soul or deity out of which all +individual souls issue. + +_Early Greek Physicists._--Passing by Buddhism, which, though teaching +the periodic destruction of our world by fire, &c., does not seek to +determine the ultimate origin of the cosmos, we come to those early +Greek physical philosophers who distinctly set themselves to eliminate +the idea of divine interference with the world by representing its +origin and changes as a natural process. The early Ionian physicists, +including Thales, Anaximander and Anaximenes, seek to explain the world +as generated out of a primordial matter (Gr. [Greek: hyle]; hence the +name "Hylozoists"), which is at the same time the universal support of +things. This substance is endowed with a generative or transmutative +force by virtue of which it passes into a succession of forms. They thus +resemble modern evolutionists, since they regard the world with its +infinite variety of forms as issuing from a simple mode of matter. More +especially the cosmology of Anaximander resembles the modern doctrine of +evolution in its conception of the indeterminate ([Greek: to apeiron]) +out of which the particular forms of the cosmos are differentiated. +Again, Anaximander may be said to prepare the way for more modern +conceptions of material evolution by regarding his primordial substance +as eternal, and by looking on all generation as alternating with +destruction, each step of the process being of course simply a +transformation of the indestructible substance. Once more, the notion +that this indeterminate body contains potentially in itself the +fundamental contraries--hot, cold, &c.--by the excretion or evolution of +which definite substances were generated, is clearly a forecasting of +that antithesis of potentiality and actuality which from Aristotle +downwards has been made the basis of so many theories of development. In +conclusion, it is noteworthy that though resorting to utterly fanciful +hypotheses respecting the order of the development of the world, +Anaximander agrees with modern evolutionists in conceiving the heavenly +bodies as arising out of an aggregation of diffused matter, and in +assigning to organic life an origin in the inorganic materials of the +primitive earth (pristine mud). The doctrine of Anaximenes, who unites +the conceptions of a determinate and indeterminate original substance +adopted by Thales and Anaximander in the hypothesis of a primordial and +all-generating air, is a clear advance on these theories, inasmuch as it +introduces the scientific idea of condensation and rarefaction as the +great generating or transforming agencies. For the rest, his theory is +chiefly important as emphasizing the vital character of the original +substance. The primordial air is conceived as animated. Anaximenes seems +to have inclined to a view of cosmic evolution as throughout involving +a quasi-spiritual factor. This idea of the air as the original principle +and source of life and intelligence is much more clearly expressed by a +later writer, Diogenes of Apollonia. Diogenes made this conception of a +vital and intelligent air the ground of a teleological view of climatic +and atmospheric phenomena. It is noteworthy that he sought to establish +the identity of organic and inorganic matter by help of the facts of +vegetal and animal nutrition. Diogenes distinctly taught that the world +is of finite duration, and will be renewed out of the primitive +substance. + +Heraclitus again deserves a prominent place in a history of the idea of +evolution. Heraclitus conceives of the incessant process of flux in +which all things are involved as consisting of two sides or +moments--generation and decay--which are regarded as a confluence of +opposite streams. In thus making transition or change, viewed as the +identity of existence and non-existence, the leading idea of his system, +Heraclitus anticipated in some measure Hegel's peculiar doctrine of +evolution as a dialectic process.[1] At the same time we may find +expressed in figurative language the germs of thoughts which enter into +still newer doctrines of evolution. For example, the notion of conflict +([Greek: polemos]) as the father of all things and of harmony as arising +out of a union of discords, and again of an endeavour by individual +things to maintain themselves in permanence against the universal +process of destruction and renovation, cannot but remind one of certain +fundamental ideas in Darwin's theory of evolution. + +_Empedocles._--Empedocles took an important step in the direction of +modern conceptions of physical evolution by teaching that all things +arise, not by transformations of some primitive form of matter, but by +various combinations of a number of permanent elements. Further, by +maintaining that the elements are continually being combined and +separated by the two forces love and hatred, which appear to represent +in a figurative way the physical forces of attraction and repulsion, +Empedocles may be said to have made a considerable advance in the +construction of the idea of evolution as a strictly mechanical process. +It may be observed, too, that the hypothesis of a primitive compact mass +(_sphaerus_), in which love (attraction) is supreme, has some curious +points of similarity to, and contrast with, that notion of a primitive +nebulous matter with which the modern doctrine of cosmic evolution +usually sets out. Empedocles tries to explain the genesis of organic +beings, and, according to Lange, anticipates the idea of Darwin that +adaptations abound, because it is their nature to perpetuate themselves. +He further recognizes a progress in the production of vegetable and +animal forms, though this part of his theory is essentially crude and +unscientific. More important in relation to the modern problems of +evolution is his thoroughly materialistic way of explaining the origin +of sensation and knowledge by help of his peculiar hypothesis of +effluvia and pores. The supposition that sensation thus rests on a +material process of absorption from external bodies naturally led up to +the idea that plants and even inorganic substances are precipient, and +so to an indistinct recognition of organic life as a scale of +intelligence. + +_Atomists._--In the theory of Atomism taught by Leucippus and Democritus +we have the basis of the modern mechanical conceptions of cosmic +evolution. Here the endless harmonious diversity of our cosmos, as well +as of other worlds supposed to coexist with our own, is said to arise +through the various combination of indivisible material elements +differing in figure and magnitude only. The force which brings the atoms +together in the forms of objects is inherent in the elements, and all +their motions are necessary. The origin of things, which is also their +substance, is thus laid in the simplest and most homogeneous elements or +principles. The real world thus arising consists only of diverse +combinations of atoms, having the properties of magnitude, figure, +weight and hardness, all other qualities being relative only to the +sentient organism. The problem of the genesis of mind is practically +solved by identifying the soul, or vital principle, with heat or fire +which pervades in unequal proportions, not only man and animals, but +plants and nature as a whole, and through the agitation of which by +incoming effluvia all sensation arises. + +_Aristotle._--Aristotle is much nearer a conception of evolution than +his master Plato. It is true he sets out with a transcendent Deity, and +follows Plato in viewing the creation of the cosmos as a process of +descent from the more to the less perfect according to the distance from +the original self-moving agency. Yet on the whole Aristotle leans to a +teleological theory of evolution, which he interprets dualistually by +means of certain metaphysical distinctions. Thus even his idea of the +relation of the divine activity to the world shows a tendency to a +pantheistic notion of a divine thought which gradually realizes itself +in the process of becoming. Aristotle's distinction of form and matter, +and his conception of becoming as a transition from actuality to +potentiality, provides a new ontological way of conceiving the process +of material and organic evolution.[2] To Aristotle the whole of nature +is instinct with a vital impulse towards some higher manifestation. +Organic life presents itself to him as a progressive scale of complexity +determined by its final end, namely, man.[3] In some respects Aristotle +approaches the modern view of evolution. Thus, though he looked on +species as fixed, being the realization of an unchanging formative +principle ([Greek: physis]), he seems, as Ueberweg observes, to have +inclined to entertain the possibility of a spontaneous generation in the +case of the lowest organisms. Aristotle's teleological conception of +organic evolution often approaches modern mechanical conceptions. Thus +he says that nature fashions organs in the order of their necessity, the +first being those essential to life. So, too, in his psychology he +speaks of the several degrees of mind as arising according to a +progressive necessity.[4] In his view of touch and taste, as the two +fundamental and essential senses, he may remind one of Herbert Spencer's +doctrine. At the same time Aristotle precludes the idea of a natural +development of the mental series by the supposition that man contains, +over and above a natural finite soul inseparable from the body, a +substantial and eternal principle ([Greek: nous]) which enters into the +individual from without. Aristotle's brief suggestions respecting the +origin of society and governments in the _Politics_ show a leaning to a +naturalistic interpretation of human history as a development +conditioned by growing necessities. + +_Strato._--Of Aristotle's immediate successors one deserves to be +noticed here, namely, Strato of Lampsacus, who developed his master's +cosmology into a system of naturalism. Strato appears to reject +Aristotle's idea of an original source of movement and life extraneous +to the world in favour of an immanent principle. All parts of matter +have an inward plastic life whereby they can fashion themselves to the +best advantage, according to their capability, though not with +consciousness. + +_The Stoics._--In the cosmology of the Stoics we have the germ of a +monistic and pantheistic conception of evolution. All things are said to +be developed out of an original being, which is at once material (fire) +and spiritual (the Deity), and in turn they will dissolve back into this +primordial source. At the same time the world as a developed whole is +regarded as an organism which is permeated with the divine Spirit, and +so we may say that the world-process is a self-realization of the divine +Being. The formative principle or force of the world is said to contain +the several rational germinal forms of things. Individual things are +supposed to arise out of the original being, as animals and plants out +of seeds. Individual souls are an efflux from the all-compassing +world-soul. The necessity in the world's order is regarded by the Stoics +as identical with the divine reason, and this idea is used as the basis +of a teleological and optimistic view of nature. Very curious, in +relation to modern evolutional ideas, is the Stoical doctrine that our +world is but one of a series of exactly identical ones, all of which +are destined to be burnt up and destroyed. + +_The Epicureans--Lucretius._--The Epicureans differed from the Stoics by +adopting a purely mechanical view of the world-process. Their +fundamental conception is that of Democritus; they seek to account for +the formation of the cosmos, with its order and regularity, by setting +out with the idea of an original (vertical) motion of the atoms, which +somehow or other results in movements towards and from one another. Our +world is but one of an infinite number of others, and all the harmonies +and adaptations of the universe are regarded as a special case of the +infinite possibilities of mechanical events. Lucretius regards the +primitive atoms (first beginnings or first bodies) as seeds out of which +individual things are developed. All living and sentient things are +formed out of insentient atoms (e.g. worms spring out of dung). The +peculiarity of organic and sentient bodies is due to the minuteness and +shape of their particles, and to their special motions and combinations. +So, too, mind consists but of extremely fine particles of matter, and +dissolves into air when the body dies. Lucretius traces, in the fifth +book of his poem, the progressive genesis of vegetal and animal forms +out of the mother-earth. He vaguely anticipates the modern idea of the +world as a survival of the fittest when he says that many races may have +lived and died out, and that those which still exist have been protected +either by craft, courage or speed. Lucretius touches on the development +of man out of a primitive, hardy, beast-like condition. Pregnant hints +are given respecting a natural development of language which has its +germs in sounds of quadrupeds and birds, of religious ideas out of +dreams and waking hallucinations, and of the art of music by help of the +suggestion of natural sounds. Lucretius thus recognizes the whole range +of existence to which the doctrine of evolution may be applied. + +_Neoplatonists._--In the doctrines of the Neoplatonists, of whom +Plotinus is the most important, we have the world-process represented +after the example of Plato as a series of descending steps, each being +less perfect than its predecessors, since it is further removed from the +first cause.[5] The system of Plotinus, Zellar remarks, is not strictly +speaking one of emanation, since there is no communication of the divine +essence to the created world; yet it resembles emanation inasmuch as the +genesis of the world is conceived as a necessary physical effect, and +not as the result of volition. In Proclus we find this conception of an +emanation of the world out of the Deity, or the absolute, made more +exact, the process being regarded as threefold--(1) persistence of cause +in effect, (2) the departure of effect from cause, and (3) the tendency +of effect to revert to its cause. + +_The Fathers._--The speculations of the fathers respecting the origin +and course of the world seek to combine Christian ideas of the Deity +with doctrines of Greek philosophy. The common idea of the origin of +things is that of an absolute creation of matter and mind alike. The +course of human history is regarded by those writers who are most +concerned to refute Judaism as a progressive divine education. Among the +Gnostics we meet with the hypothesis of emanation, as, for example, in +the curious cosmic theory of Valentinus. + +_Middle Ages--Early Schoolmen._--In the speculative writings of the +middle ages, including those of the schoolmen, we find no progress +towards a more accurate and scientific view of nature. The cosmology of +this period consists for the most part of the Aristotelian teleological +view of nature combined with the Christian idea of the Deity and His +relation to the world. In certain writers, however, there appears a more +elaborate transformation of the doctrine of creation into a system of +emanation. According to John Scotus Erigena, the nothing out of which +the world is created is the divine essence. Creation is the act by which +God passes through the primordial causes, or universal ideas, into the +region of particular things (_processio_), in order finally to return to +himself (_reversio_). The transition from the universal to the +particular is of course conceived as a descent or degradation. A similar +doctrine of emanation is to be found in the writings of Bernhard of +Chartres, who conceives the process of the unfolding of the world as a +movement in a circle from the most general to the individual, and from +this back to the most general. This movement is said to go forth from +God to the animated heaven, stars, visible world and man, which +represent decreasing degrees of cognition. + +_Arab Philosophers._--Elaborate doctrines of emanation, largely based on +Neoplatonic ideas, are also propounded by some of the Arabic +philosophers, as by Farabi and Avicenna. The leading thought is that of +a descending series of intelligences, each emanating from its +predecessor, and having its appropriate region in the universe. + +_Jewish Philosophy._--In the Jewish speculations of the middle ages may +be found curious forms of the doctrine of emanations uniting the +Biblical idea of creation with elements drawn from the Persians and the +Greeks. In the later and developed form of the Kabbala, the origin of +the world is represented as a gradually descending emanation of the +lower out of the higher. Among the philosophic Jews, the Spanish +Avicebron, in his _Fons Vitae_, expounds a curious doctrine of +emanation. Here the divine will is viewed as an efflux from the divine +wisdom, as the intermediate link between God, the first substance, and +all things, and as the fountain out of which all forms emanate. At the +same time all forms, including the higher intelligible ones, are said to +have their existence only in matter. Matter is the one universal +substance, body and mind being merely specifications of this. Thus +Avicebron approaches, as Salomon Munk observes,[6] a pantheistic +conception of the world, though he distinctly denies both matter and +form to God. + +_Later Scholastics._--Passing now to the later schoolmen, a bare mention +must be made of Thomas Aquinas, who elaborately argues for the absolute +creation of the world out of nothing, and of Albertus Magnus, who +reasons against the Aristotelian idea of the past eternity of the world. +More importance attaches to Duns Scotus, who brings prominently forward +the idea of a progressive development in nature by means of a process of +determination. The original substance of the world is the _materia +primo-prima_, which is the immediate creation of the Deity. This serves +Duns Scotus as the most universal basis of existence, all angels having +material bodies. This matter is differentiated into particular things +(which are not privations but perfections) through the addition of an +individualizing principle (_haecceitas_) to the universal (_quidditas_). +The whole world is represented by the figure of a tree, of which the +seeds and roots are the first indeterminate matter, the leaves the +accidents, the twigs and branches corruptible creatures, the blossoms +the rational soul, and the fruit pure spirits or angels. It is also +described as a bifurcation of two twigs, mental and bodily creation out +of a common root. One might almost say that Duns Scotus recognizes the +principle of a gradual physical evolution, only that he chooses to +represent the mechanism by which the process is brought about by means +of quaint scholastic fictions. + +_Revival of Learning._--The period of the revival of learning, which was +also that of a renewed study of nature, is marked by a considerable +amount of speculation respecting the origin of the universe. In some of +these we see a return to Greek theories, though the influence of +physical discoveries, more especially those of Copernicus, Kepler and +Galileo, is distinctly traceable. + +_Telesio._--An example of a return to early Greek speculation is to be +met with in Bernardino Telesio. By this writer the world is explained as +a product of three principles--dead matter, and two active forces, heat +and cold. Terrestrial things arise through a confluence of heat, which +issues from the heavens, and cold, which comes from the earth. Both +principles have sensibility, and thus all products of their collision +are sentient, that is, feel pleasure and pain. The superiority of +animals to plants and metals in the possession of special organs of +sense is connected with the greater complexity and heterogeneity of +their structure. + +_Giordano Bruno._--In the system of Giordano Bruno, who sought to +construct a philosophy of nature on the basis of new scientific ideas, +more particularly the doctrine of Copernicus, we find the outlines of a +theory of cosmic evolution conceived as an essentially vital process. +Matter and form are here identified, and the evolution of the world is +presented as the unfolding of the world-spirit to its perfect forms +according to the plastic substratum (matter) which is but one of its +sides. This process of change is conceived as a transformation, in +appearance only, of the real unchanging substance (matter and form). All +parts of matter are capable of developing into all forms; thus the +materials of the table and chair may under proper circumstances be +developed to the life of the plant or of the animal. The elementary +parts of existence are the _minima_, or monads, which are at once +material and mental. On their material side they are not absolutely +unextended, but spherical. Bruno looked on our solar system as but one +out of an infinite number of worlds. His theory of evolution is +essentially pantheistic, and he does not employ his hypothesis of monads +in order to work out a more mechanical conception. + +_Campanella._--A word must be given to one of Bruno's contemporary +compatriots, namely Campanella, who gave poetic expression to that +system of universal vitalism which Bruno developed. He argues, from the +principle _quicquid est in effectibus esse et in causis_, that the +elements and the whole world have sensation, and thus he appears to +derive the organic part of nature out of the so-called "inorganic." + +_Boehme._--Another writer of this transition period deserves a passing +reference here, namely, Jacob Boehme the mystic, who by his conception +of a process of inner diremption as the essential character of all mind, +and so of God, prepared the way for later German theories of the origin +of the world as the self-differentiation and self-externalization of the +absolute spirit. + +_Hobbes and Gassendi._--The influence of an advancing study of nature, +which was stimulated if not guided by Bacon's writings, is seen in the +more careful doctrines of materialism worked out almost simultaneously +by Hobbes and Gassendi. These theories, however, contain little that +bears directly on the hypothesis of a natural evolution of things. In +the view of Hobbes, the difficulty of the genesis of conscious minds is +solved by saying that sensation and thought are part of the reaction of +the organism on external movement. Yet Hobbes appears (as Clarke points +out) to have vaguely felt the difficulty; and in a passage of his +_Physics_ (chap. 25, sect. 5) he says that the universal existence of +sensation in matter cannot be disproved, though he shows that when there +are no organic arrangements the mental side of the movement +(_phantasma_) is evanescent. The theory of the origin of society put +forth by Hobbes, though directly opposed in most respects to modern +ideas of social evolution, deserves mention here by reason of its +enforcing that principle of struggle (_bellum omnium contra omnes_) +which has played so conspicuous a part in the modern doctrine of +evolution. Gassendi, with some deviations, follows Epicurus in his +theory of the formation of the world. The world consists of a finite +number of atoms, which have in their own nature a self-moving force or +principle. These atoms, which are the seeds of all things, are, however, +not eternal but created by God. Gassendi distinctly argues against the +existence of a world-soul or a principle of life in nature. + +_Descartes._--In the philosophy of Descartes we meet with a dualism of +mind and matter which does not easily lend itself to the conception of +evolution. His doctrine that consciousness is confined to man, the lower +animals being unconscious machines (_automata_), excludes all idea of a +progressive development of mind. Yet Descartes, in his _Principia +Philosophiae_, laid the foundation of the modern mechanical conception +of nature and of physical evolution. In the third part of this work he +inclines to a thoroughly natural hypothesis respecting the genesis of +the physical world, and adds in the fourth part that the same kind of +explanation might be applied to the nature and formation of plants and +animals. He is indeed careful to keep right with the orthodox doctrine +of creation by saying that he does not believe the world actually arose +in this mechanical way out of the three kinds of elements which he here +supposes, but that he simply puts out his hypothesis as a mode of +conceiving how it might have arisen. Descartes's account of the mind and +its passions is thoroughly materialistic, and to this extent he works in +the direction of a materialistic explanation of the origin of mental +life. + +_Spinoza._--In Spinoza's pantheistic theory of the world, which regards +thought and extension as but two sides of one substance, the problem of +becoming is submerged in that of being. Although Spinoza's theory +attributes a mental side to all physical events, he rejects all +teleological conceptions and explains the order of things as the result +of an inherent necessity. He recognizes gradations of things according +to the degree of complexity of their movements and that of their +conceptions. To Spinoza (as Kuno Fischer observes) man differs from the +rest of nature in the degree only and not in the kind of his powers. So +far Spinoza approaches the conception of evolution. He may be said to +furnish a further contribution to a metaphysical conception of evolution +in his view of all finite individual things as the infinite variety to +which the unlimited productive power of the universal substance gives +birth. Sir F. Pollock has taken pains to show how nearly Spinoza +approaches certain ideas contained in the modern doctrine of evolution, +as for example that of self-preservation as the determining force in +things. + +_Locke._--In Locke we find, with a retention of certain +anti-evolutionist ideas, a marked tendency to this mode of viewing the +world. To Locke the universe is the result of a direct act of creation, +even matter being limited in duration and created. Even if matter were +eternal it would, he thinks, be incapable of producing motion; and if +motion is itself conceived as eternal, thought can never begin to be. +The first eternal being is thus spiritual or "cogitative," and contains +in itself all the perfections that can ever after exist. He repeatedly +insists on the impossibility of senseless matter putting on sense.[7] +Yet while thus placing himself at a point of view opposed to that of a +gradual evolution of the organic world, Locke prepared the way for this +doctrine in more ways than one. First of all, his genetic method as +applied to the mind's ideas--which laid the foundations of English +analytical psychology--was a step in the direction of a conception of +mental life as a gradual evolution. Again he works towards the same end +in his celebrated refutation of the scholastic theory of real specific +essences. In this argument he emphasizes the vagueness of the boundaries +which mark off organic species with a view to show that these do not +correspond to absolutely fixed divisions in the objective world, that +they are made by the mind, not by nature.[8] This idea of the continuity +of species is developed more fully in a remarkable passage (_Essay_, bk. +iii. ch. vi. S 12), where he is arguing in favour of the hypothesis, +afterwards elaborated by Leibnitz, of a graduated series of minds +(species of spirits) from the Deity down to the lowest animal +intelligence. He here observes that "all quite down from us the descent +is by easy steps, and a continued series of things, that in each remove +differ very little from one another." Thus man approaches the beasts, +and the animal kingdom is nearly joined with the vegetable, and so on +down to the lowest and "most inorganical parts of matter." Finally, it +is to be observed that Locke had a singularly clear view of organic +arrangements (which of course he explained according to a theistic +teleology) as an adaptation to the circumstances of the environment or +to "the neighbourhood of the bodies that surround us." Thus he suggests +that man has not eyes of a microscopic delicacy, because he would +receive no great advantage from such acute organs, since though adding +indefinitely to his speculative knowledge of the physical world they +would not practically benefit their possessor (e.g. by enabling him to +avoid things at a convenient distance).[9] + +_Idea of Progress in History._--Before leaving the 17th century we must +just refer to the writers who laid the foundations of the essentially +modern conception of human history as a gradual upward progress. +According to Flint,[10] there were four men who in this and the +preceding century seized and made prominent this idea, namely, Bodin, +Bacon, Descartes and Pascal. The former distinctly argues against the +idea of a deterioration of man in the past. In this way we see that just +as advancing natural science was preparing the way for a doctrine of +physical evolution, so advancing historical research was leading to the +application of a similar idea to the collective human life. + +_English Writers of the 18th Century--Hume._--The theological +discussions which make up so large a part of the English speculation of +the 18th century cannot detain us here. There is, however, one writer +who sets forth so clearly the alternative suppositions respecting the +origin of the world that he claims a brief notice. We refer to David +Hume. In his _Dialogues concerning Natural Religion_ he puts forward +tentatively, in the person of one of his interlocutors, the ancient +hypothesis that since the world resembles an animal or vegetal organism +rather than a machine, it might more easily be accounted for by a +process of generation than by an act of creation. Later on he develops +the materialistic view of Epicurus, only modifying it so far as to +conceive of matter as finite. Since a finite number of particles is only +susceptible of finite transpositions, it must happen (he says), in an +eternal duration that every possible order or position will be tried an +infinite number of times, and hence this world is to be regarded (as the +Stoics maintained) as an exact reproduction of previous worlds. The +speaker seeks to make intelligible the appearance of art and contrivance +in the world as a result of a natural settlement of the universe (which +passes through a succession of chaotic conditions) into a stable +condition, having a constancy in its forms, yet without its several +parts losing their motion and fluctuation. + +_French Writers of the 18th Century._--Let us now pass to the French +writers of the 18th century. Here we are first struck by the results of +advancing physical speculation in their bearing on the conception of the +world. Careful attempts, based on new scientific truths, are made to +explain the genesis of the world as a natural process. Maupertuis, who, +together with Voltaire, introduced the new idea of the universe as based +on Newton's discoveries, sought to account for the origin of organic +things by the hypothesis of sentient atoms. Buffon the naturalist +speculated, not only on the structure and genesis of organic beings, but +also on the course of formation of the earth and solar system, which he +conceived after the analogy of the development of organic beings out of +seed. Diderot, too, in his varied intellectual activity, found time to +speculate on the genesis of sensation and thought out of a combination +of matter endowed with an elementary kind of sentience. De la Mettrie +worked out a materialistic doctrine of the origin of things, according +to which sensation and consciousness are nothing but a development out +of matter. He sought (_L'Homme-machine_) to connect man in his original +condition with the lower animals, and emphasized (_L'Homme-plante_) the +essential unity of plan of all living things. Helvetius, in his work on +man, referred all differences between our species and the lower animals +to certain peculiarities of organization, and so prepared the way for a +conception of human development out of lower forms as a process of +physical evolution. Charles Bonnet met the difficulty of the origin of +conscious beings much in the same way as Leibnitz, by the supposition of +eternal minute organic bodies to which are attached immortal souls. Yet +though in this way opposing himself to the method of the modern doctrine +of evolution, he aided the development of this doctrine by his view of +the organic world as an ascending scale from the simple to the complex. +Robinet, in his treatise _De la nature_, worked out the same conception +of a gradation in organic existence, connecting this with a general view +of nature as a progress from the lowest inorganic forms of matter up to +man. The process is conceived as an infinite series of variations or +specifications of one primitive and common type. Man is the +_chef-d'oeuvre_ of nature, which the gradual progression of beings was +to have as its last term, and all lower creations are regarded as +pre-conditions of man's existence, since nature "could only realize the +human form by combining in all imaginable ways each of the traits which +was to enter into it." The formative force in this process of evolution +(or "metamorphosis") is conceived as an intellectual principle (_idee +generatrice_). Robinet thus laid the foundation of that view of the +world as wholly vital, and as a progressive unfolding of a spiritual +formative principle, which was afterwards worked out by Schelling. It is +to be added that Robinet adopted a thorough-going materialistic view of +the dependence of mind on body, going even to the length of assigning +special nerve-fibres to the moral sense. The system of Holbach seeks to +provide a consistent materialistic view of the world and its processes. +Mental operations are identified with physical movements, the three +conditions of physical movement, inertia, attraction and repulsion, +being in the moral world self-love, love and hate. He left open the +question whether the capability of sensation belongs to all matter, or +is confined to the combinations of certain materials. He looked on the +actions of the individual organism and of society as determined by the +needs of self-preservation. He conceived of man as a product of nature +that had gradually developed itself from a low condition, though he +relinquished the problem of the exact mode of his first genesis and +advance as not soluble by data of experience. Holbach thus worked out +the basis of a rigorously materialistic conception of evolution. + +The question of human development which Holbach touched on was one which +occupied many minds both in and out of France during the 18th century, +and more especially towards its close. The foundations of this theory of +history as an upward progress of man out of a barbaric and animal +condition were laid by Vico in his celebrated work _Principii di scienza +nuova_. In France the doctrine was represented by Turgot and Condorcet. + +_German Writers of the 18th Century--Leibnitz._--In Leibnitz we find, if +not a doctrine of evolution in the strict sense, a theory of the world +which is curiously related to the modern doctrine. The chief aim of +Leibnitz is no doubt to account for the world in its static aspect as a +co-existent whole, to conceive the ultimate reality of things in such a +way as to solve the mystery of mind and matter. Yet by his very mode of +solving the problem he is led on to consider the nature of the +world-process. By placing substantial reality in an infinite number of +monads whose essential nature is force or activity, which is conceived +as mental (representation), Leibnitz was carried on to the explanation +of the successive order of the world. He prepares the way, too, for a +doctrine of evolution by his monistic idea of the substantial similarity +of all things, inorganic and organic, bodily and spiritual, and still +more by his conception of a perfect gradation of existence from the +lowest "inanimate" objects, whose essential activity is confused +representation, up to the highest organized being--man--with his clear +intelligence.[11] Turning now to Leibnitz's conception of the world as a +process, we see first that he supplies, in his notion of the underlying +reality as force which is represented as spiritual (_quelque chose +d'analogique au sentiment et a l'appetit_), both a mechanical and a +teleological explanation of its order. More than this, Leibnitz supposes +that the activity of the monads takes the form of a self-evolution. It +is the following out of an inherent tendency or impulse to a series of +changes, all of which were virtually pre-existent, and this process +cannot be interfered with from without. As the individual monad, so the +whole system which makes up the world is a gradual development. In this +case, however, we cannot say that each step goes out of the other as in +that of individual development. Each monad is an original independent +being, and is determined to take this particular point in the universe, +this place in the scale of beings. We see how different this +metaphysical conception is from that scientific notion of cosmic +evolution in which the lower stages are the antecedents and conditions +of the higher. It is probable that Leibnitz's notion of time and space, +which approaches Kant's theory, led him to attach but little importance +to the successive order of the world. Leibnitz, in fact, presents to us +an infinite system of perfectly distinct though parallel developments, +which on their mental side assume the aspect of a scale, not through any +mutual action, but solely through the determination of the Deity. Even +this idea, however, is incomplete, for Leibnitz fails to explain the +physical aspect of development. Thus he does not account for the fact +that organic beings--which have always existed as preformations (in the +case of animals as _animaux spermatiques_)--come to be developed under +given conditions. Yet Leibnitz prepared the way for a new conception of +organic evolution. The modern monistic doctrine, that all material +things consist of sentient elements, and that consciousness arises +through a combination of these, was a natural transformation of +Leibnitz's theory.[12] + +_Lessing._--Of Leibnitz's immediate followers we may mention Lessing, +who in his _Education of the Human Race_ brought out the truth of the +process of gradual development underlying human history, even though he +expressed this in a form inconsistent with the idea of a spontaneous +evolution. + +_Herder._--Herder, on the other hand, Lessing's contemporary, treated +the subject of man's development in a thoroughly naturalistic spirit. In +his I_deen zur Philosophie der Geschichte_, Herder adopts Leibnitz's +idea of a graduated scale of beings, at the same time conceiving of the +lower stages as the conditions of the higher. Thus man is said to be the +highest product of nature, and as such to be dependent on all lower +products. All material things are assimilated to one another as organic, +the vitalizing principle being inherent in all matter. The development +of man is explained in connexion with that of the earth, and in relation +to climatic variations, &c. Man's mental faculties are viewed as related +to his organization, and as developed under the pressure of the +necessities of life.[13] + +_Kant._--Kant's relation to the doctrine of evolution is a many-sided +one. In the first place, his peculiar system of subjective idealism, +involving the idea that time is but a mental form to which there +corresponds nothing in the sphere of noumenal reality, serves to give a +peculiar philosophical interpretation to every doctrine of cosmic +evolution. Kant, like Leibnitz, seeks to reconcile the mechanical and +teleological views of nature, only he assigns to these different +spheres. The order of the inorganic world is explained by properly +physical causes. In his _Naturgeschichte des Himmels_, in which he +anticipated the nebular theory afterwards more fully developed by +Laplace, Kant sought to explain the genesis of the cosmos as a product +of physical forces and laws. The worlds, or systems of worlds, which +fill infinite space are continually being formed and destroyed. Chaos +passes by a process of evolution into a cosmos, and this again into +chaos. So far as the evolution of the solar system is concerned, Kant +held these mechanical causes as adequate. For the world as a whole, +however, he postulated a beginning in time (whence his use of the word +creation), and further supposed that the impulse of organization which +was conveyed to chaotic matter by the Creator issued from a central +point in the infinite space spreading gradually outwards.[14] While in +his cosmology Kant thus relies on mechanical conceptions, in his +treatment of organic life his mind is, on the contrary, dominated by +teleological ideas. An organism was to him something controlled by a +formative organizing principle. It was natural, therefore, that he +rejected the idea of a spontaneous generation of organisms (which was +just then being advocated by his friend Forster), not only as +unsupported by experience but as an inadequate hypothesis. Experience +forbids our excluding organic activity from natural causes, also our +excluding intelligence from purposeful (_zwecktatigen_) causes; hence +experience forbids our defining the fundamental force or first cause out +of which living creatures arose.[15] Just as Kant thus sharply marks off +the regions of the inorganic and the organic, so he sets man in strong +opposition to the lower animals. His ascription to man of a unique +faculty, free-will, forbade his conceiving our species as a link in a +graduated series of organic developments. In his doctrine of human +development he does indeed recognize an early stage of existence in +which our species was dominated by sensuous enjoyment and instinct. He +further conceives of this stage as itself a process of (natural) +development, namely, of the natural disposition of the species to vary +in the greatest possible manner so as to preserve its unity through a +process of self-adaptation (_Anarten_) to climate. This, he says, must +not be conceived as resulting from the action of external causes, but is +due to a natural disposition (_Anlage_). From this capability of natural +development (which already involves a teleological idea) Kant +distinguishes the power of moral self-development or self-liberation +from the dominion of nature, the gradual realization of which +constitutes human history or progress. This moral development is +regarded as a gradual approach to that rational, social and political +state in which will be realized the greatest possible quantity of +liberty. Thus Kant, though he appropriated and gave new form to the idea +of human progress, conceived of this as wholly distinct from a natural +(mechanical) process. In this particular, as in his view of organic +actions, Kant distinctly opposed the idea of evolution as one universal +process swaying alike the physical and the moral world. + +_Schelling._--In the earlier writings of Schelling, containing the +philosophy of identity, existence is represented as a becoming, or +process of evolution. Nature and mind (which are the two sides, or polar +directions, of the one absolute) are each viewed as an activity +advancing by an uninterrupted succession of stages. The side of this +process which Schelling worked out most completely is the negative side, +that is, nature. Nature is essentially a process of organic +self-evolution. It can only be understood by subordinating the +mechanical conception to the vital, by conceiving the world as one +organism animated by a spiritual principle or intelligence +(_Weltseele_). From this point of view the processes of nature from the +inorganic up to the most complex of the organic become stages in the +self-realization of nature. All organic forms are at bottom but one +organization, and the inorganic world shows the same formative activity +in various degrees or potences. Schelling conceives of the gradual +self-evolution of nature in a succession of higher and higher forms as +brought about by a limitation of her infinite productivity, showing +itself in a series of points of arrest. The detailed exhibition of the +organizing activity of nature in the several processes of the organic +and inorganic world rests on a number of fanciful and unscientific +ideas. Schelling's theory is a bold attempt to revitalize nature in the +light of growing physical and physiological science, and by so doing to +comprehend the unity of the world under the idea of one principle of +organic development. His highly figurative language might leave us in +doubt how far he conceived the higher stages of this evolution of nature +as following the lower in time. In the introduction to his work _Von der +Weltseele_, however, he argues in favour of the possibility of a +transmutation of species in periods incommensurable with ours. The +evolution of mind (the positive pole) proceeds by way of three +stages--theoretic, practical and aesthetical activity. Schelling's later +theosophic speculations do not specially concern us here. + +_Followers of Schelling._--Of the followers of Schelling a word or two +must be said. Heinrich Steffens, in his _Anthropologie_, seeks to trace +out the origin and history of man in connexion with a general theory of +the development of the earth, and this again as related to the formation +of the solar system. All these processes are regarded as a series of +manifestations of a vital principle in higher and higher forms. Oken, +again, who carries Schelling's ideas into the region of biological +science, seeks to reconstruct the gradual evolution of the material +world out of original matter, which is the first immediate appearance of +God, or the absolute. This process is an upward one, through the +formation of the solar system and of our earth with its inorganic +bodies, up to the production of man. The process is essentially a polar +linear action, or differentiation from a common centre. By means of this +process the bodies of the solar system separate themselves, and the +order of cosmic evolution is repeated in that of terrestrial evolution. +The organic world (like the world as a whole) arises out of a primitive +chaos, namely, the infusorial slime. A somewhat similar working out of +Schelling's idea is to be found in H.C. Oersted's work entitled _The +Soul in Nature_ (Eng. trans.). Of later works based on Schelling's +doctrine of evolution mention may be made of the volume entitled _Natur +und Idee_, by G.F. Carus. According to this writer, existence is nothing +but a becoming, and matter is simply the momentary product of the +process of becoming, while force is this process constantly revealing +itself in these products. + +_Hegel._--Like Schelling, Hegel conceives the problem of existence as +one of becoming. He differs from him with respect to the ultimate motive +of that process of gradual evolution which reveals itself alike in +nature and in mind. With Hegel the absolute is itself a dialectic +process which contains within itself a principle of progress from +difference to difference and from unity to unity. "This process (W. +Wallace remarks) knows nothing of the distinctions between past and +future, because it implies an eternal present." This conception of an +immanent spontaneous evolution is applied alike both to nature and to +mind and history. Nature to Hegel is the idea in the form of hetereity; +and finding itself here it has to remove this exteriority in a +progressive evolution towards an existence for itself in life and mind. +Nature (says Zeller) is to Hegel a system of gradations, of which one +arises necessarily out of the other, and is the proximate truth of that +out of which it results. There are three stadia, or moments, in this +process of nature--(1) the mechanical moment, or matter devoid of +individuality; (2) the physical moment, or matter which has +particularized itself in bodies--the solar system; and (3) the organic +moment, or organic beings, beginning with the geological organism--or +the mineral kingdom, plants and animals. Yet this process of development +is not to be conceived as if one stage is naturally produced out of the +other, and not even as if the one followed the other in time. Only +spirit has a history; in nature all forms are contemporaneous.[16] +Hegel's interpretation of mind and history as a process of evolution has +more scientific interest than his conception of nature. His theory of +the development of free-will (the objective spirit), which takes its +start from Kant's conception of history, with its three stages of legal +right, morality as determined by motive and instinctive goodness +(_Sittlichkeit_), might almost as well be expressed in terms of a +thoroughly naturalistic doctrine of human development. So, too, some of +his conceptions respecting the development of art and religion (the +absolute spirit) lend themselves to a similar interpretation. Yet while, +in its application to history, Hegel's theory of evolution has points of +resemblance with those doctrines which seek to explain the world-process +as one unbroken progress occurring in time, it constitutes on the whole +a theory apart and _sui generis_. It does not conceive of the organic as +succeeding on the inorganic, or of conscious life as conditioned in +time by lower forms. In this respect it resembles Leibnitz's idea of the +world as a development; the idea of evolution is in each case a +metaphysical as distinguished from a scientific one. Hegel gives a place +in his metaphysical system to the mechanical and the teleological views; +yet in his treatment of the world as an evolution the idea of end or +purpose is the predominant one. + +Of the followers of Hegel who have worked out his peculiar idea of +evolution it is hardly necessary to speak. A bare reference may be made +to J.K. F. Rosenkranz, who in his work _Hegel's Naturphilosophie_ seeks +to develop Hegel's idea of an earth-organism in the light of modern +science, recognizing in crystallization the morphological element. + +_Schopenhauer._--Of the other German philosophers immediately following +Kant, there is only one who calls for notice here, namely, Arthur +Schopenhauer. This writer, by his conception of the world as will which +objectifies itself in a series of gradations from the lowest +manifestations of matter up to conscious man, gives a slightly new shape +to the evolutional view of Schelling, though he deprives this view of +its optimistic character by denying any co-operation of intelligence in +the world-process. In truth, Schopenhauer's conception of the world as +the activity of a blind force is at bottom a materialistic and +mechanical rather than a spiritualistic and teleological theory. +Moreover, Schopenhauer's subjective idealism, and his view of time as +something illusory, hindered him from viewing this process as a sequence +of events in time. Thus he ascribes eternity of existence to species +under the form of the "Platonic ideas." As Ludwig Noire observes, +Schopenhauer has no feeling for the problem of the origin of organic +beings. He says Lamarck's original animal is something metaphysical, not +physical, namely, the will to live. "Every species (according to +Schopenhauer) has of its own will, and according to the circumstances +under which it would live, determined its form and organization,--yet +not as something physical in time, but as something metaphysical out of +time." + +_Von Baer._--Before leaving the German speculation of the first half of +the century, a word must be said of von Baer, to whose biological +contributions we shall refer later in this article, who recognized in +the law of development the law of the universe as a whole. In his +_Entwickelungsgeschichte der Thiere_ (p. 264) he distinctly tells us +that the law of growing individuality is "the fundamental thought which +goes through all forms and degrees of animal development and all single +relations. It is the same thought which collected in the cosmic space +the divided masses into spheres, and combined these to solar systems; +the same which caused the weather-beaten dust on the surface of our +metallic planet to spring forth into living forms." Von Baer thus +prepared the way for Herbert Spencer's generalization of the law of +organic evolution as the law of all evolution. + +_Comte._--As we arrive at the 19th century, though yet before the days +of Darwin, biology is already beginning to affect the general aspect of +thought. It might suffice to single out the influence of Auguste Comte, +as the last great thinker who wrote before Darwinism began to permeate +philosophic speculation. Though Comte did not actually contribute to a +theory of cosmic organic evolution, he helped to lay the foundations of +a scientific conception of human history as a natural process of +development determined by general laws of human nature together with the +accumulating influences of the past. Comte does not recognize that this +process is aided by any increase of innate capacity; on the contrary, +progress is to him the unfolding of fundamental faculties of human +nature which always pre-existed in a latent condition; yet he may +perhaps be said to have prepared the way for the new conception of human +progress by his inclusion of mental laws under biology. + +_Development of the Biological Doctrine._--In the 19th century the +doctrine of evolution received new biological contents and became +transformed from a vague, partly metaphysical theory to the dominant +modern conception. At this point it is convenient to leave the guidance +of Professor J. Sully and to follow closely T.H. Huxley, who in the 9th +edition of this encyclopaedia traced the history of the growth of the +biological idea of evolution from its philosophical beginnings to its +efflorescence in Charles Darwin. + +In the earlier half of the 18th century the term "evolution" was +introduced into biological writings in order to denote the mode in which +some of the most eminent physiologists of that time conceived that the +generation of living things took place; in opposition to the hypothesis +advocated, in the preceding century, by W. Harvey in that remarkable +work[17] which would give him a claim to rank among the founders of +biological science, even had he not been the discoverer of the +circulation of the blood. + +One of Harvey's prime objects is to defend and establish, on the basis +of direct observation, the opinion already held by Aristotle, that, in +the higher animals at any rate, the formation of the new organism by the +process of generation takes place, not suddenly, by simultaneous +accretion of rudiments of all or the most important of the organs of the +adult, nor by sudden metamorphosis of a formative substance into a +miniature of the whole, which subsequently grows, but by _epigenesis_, +or successive differentiation of a relatively homogeneous rudiment into +the parts and structures which are characteristic of the adult. + + "Et primo, quidem, quoniam per _epigenesin_ sive partium + superexorientium additamentum pullum fabricari certum est: quaenam + pars ante alias omnes exstruatur, et quid de illa ejusque generandi + modo observandum veniat, dispiciemus. Ratum sane est et in ovo + manifeste apparet quod _Aristoteles_ de perfectorum animalium + generatione enuntiat: nimirum, non omnes partes simul fieri, sed + ordine aliam post aliam; primumque existere particulam genitalem, + cujus virtute postea (tanquam ex principio quodam) reliquae omnes + partes prosiliant. Qualem in plantarum seminibus (fabis, puta, aut + glandibus) gemmam sive apicem protuberantem cernimus, totius futurae + arboris principium. _Estque haec particula velut filius emancipatus + seorsumque collocatus, et principium per se vivens; unde postea + membrorum ordo describitur; et quaecunque ad absolvendum animal + pertinent, disponuntur._[18] Quoniam enim _nulla pars se ipsam + generat; sed postquam generata est, se ipsam jam auget; ideo eam + primum oriri necesse est, quae principium augendi contineat_ (_sive + enim planta, sive animal est, aeque omnibus inest quod vim habeat + vegetandi, sive nutriendi_),[19] simulque reliquas omnes partes suo + quamque ordine distinguat et formet; proindeque in eadem primogenita + particula anima primario inest, sensus, motusque, et totius vitae + auctor et principium." (_Exercitatio_ 51.) + +Harvey proceeds to contrast this view with that of the "Medici," or +followers of Hippocrates and Galen, who, "badly philosophizing," +imagined that the brain, the heart, and the liver were simultaneously +first generated in the form of vesicles; and, at the same time, while +expressing his agreement with Aristotle in the principle of epigenesis, +he maintains that it is the blood which is the primal generative part, +and not, as Aristotle thought, the heart. + +In the latter part of the 17th century the doctrine of epigenesis thus +advocated by Harvey was controverted on the ground of direct observation +by M. Malpighi, who affirmed that the body of the chick is to be seen in +the egg before the _punctum sanguineum_ makes it appearance. But from +this perfectly correct observation a conclusion which is by no means +warranted was drawn, namely, that the chick as a whole really exists in +the egg antecedently to incubation; and that what happens in the course +of the latter process is no addition of new parts, "alias post alias +natas," as Harvey puts it, but a simple expansion or unfolding of the +organs which already exist, though they are too small and inconspicuous +to be discovered. The weight of Malpighi's observations therefore fell +into the scale of that doctrine which Harvey terms metamorphosis, in +contradistinction to epigenesis. + +The views of Malpighi were warmly welcomed on philosophical grounds by +Leibnitz,[20] who found in them a support to his hypothesis of monads, +and by Nicholas Malebranche;[21] while, in the middle of the 18th +century, not only speculative considerations, but a great number of new +and interesting observations on the phenomena of generation, led the +ingenious Charles Bonnet and A. von Haller, the first physiologist of +the age, to adopt, advocate and extend them. + +Bonnet affirms that, before fecundation, the hen's egg contains an +excessively minute but complete chick; and that fecundation and +incubation simply cause this germ to absorb nutritious matters, which +are deposited in the interstices of the elementary structures of which +the miniature chick, or germ, is made up. The consequence of this +intussusceptive growth is the "development" or "evolution" of the germ +into the visible bird. Thus an organized individual (_tout organise_) +"is a composite body consisting of the original, or _elementary_, parts +and of the matters which have been associated with them by the aid of +nutrition"; so that, if these matters could be extracted from the +individual (_tout_), it would, so to speak, become concentrated in a +point, and would thus be restored to its primitive condition of a +_germ_; "just as, by extracting from a bone the calcareous substance +which is the source of its hardness, it is reduced to its primitive +state of gristle or membrane."[22] + +"Evolution" and "development" are, for Bonnet, synonymous terms; and +since by "evolution" he means simply the expansion of that which was +invisible into visibility, he was naturally led to the conclusion, at +which Leibnitz had arrived by a different line of reasoning, that no +such thing as generation, in the proper sense of the word exists in +nature. The growth of an organic being is simply a process of +enlargement, as a particle of dry gelatine may be swelled up by the +intussusception of water; its death is a shrinkage, such as the swelled +jelly might undergo on desiccation. Nothing really new is produced in +the living world, but the germs which develop have existed since the +beginning of things; and nothing really dies, but, when what we call +death takes place, the living thing shrinks back into its germ +state.[23] + +The two parts of Bonnet's hypothesis, namely, the doctrine that all +living things proceed from pre-existing germs, and that these contain, +one enclosed within the other, the germs of all future living things, +which is the hypothesis of "emboitement," and the doctrine that every +germ contains in miniature all the organs of the adult, which is the +hypothesis of evolution or development, in the primary senses of these +words, must be carefully distinguished. In fact, while holding firmly by +the former, Bonnet more or less modified the latter in his later +writings, and, at length, he admits that a "germ" need not be an actual +miniature of the organism, but that it may be merely an "original +preformation" capable of producing the latter.[24] + +But, thus defined, the germ is neither more nor less than the "particula +genitalis" of Aristotle, or the "primordium vegetale" or "ovum" of +Harvey; and the "evolution" of such a germ would not be distinguishable +from "epigenesis." + +Supported by the great authority of Haller, the doctrine of evolution, +or development, prevailed throughout the whole of the 18th century, and +Cuvier appears to have substantially adopted Bonnet's later views, +though probably he would not have gone all lengths in the direction of +"emboitement." In a well-known note to Charles Leopold Laurillard's +_Eloge_, prefixed to the last edition of the _Ossemens fossiles_, the +"radical de l'etre" is much the same thing as Aristotle's "particula +genitalis" and Harvey's "ovum."[25] + +Bonnet's eminent contemporary, Buffon, held nearly the same views with +respect to the nature of the germ, and expresses them even more +confidently. + + "Ceux qui ont cru que le coeur etoit le premier forme, se sont + trompes; ceux qui disent que c'est le sang se trompent aussi: tout est + forme en meme temps. Si l'on ne consulte que l'observation, le poulet + se voit dans l'oeuf avant qu'il ait ete couve."[26] + + "J'ai ouvert une grande quantite d'oeufs a differens temps avant et + apres l'incubation, et je me suis convaincu par mes yeux que le poulet + existe en entier dans le milieu de la cicatrule au moment qu'il sort + du corps de la poule."[27] + +The "moule interieur" of Buffon is the aggregate of elementary parts +which constitute the individual, and is thus the equivalent of Bonnet's +germ,[28] as defined in the passage cited above. But Buffon further +imagined that innumerable "molecules organiques" are dispersed +throughout the world, and that alimentation consists in the +appropriation by the parts of an organism of those molecules which are +analogous to them. Growth, therefore, was, on this hypothesis, partly a +process of simple evolution, and partly of what has been termed +syngenesis. Buffon's opinion is, in fact, a sort of combination of +views, essentially similar to those of Bonnet, with others, somewhat +similar to those of the "Medici" whom Harvey condemns. The "molecules +organiques" are physical equivalents of Leibnitz's "monads." + +It is a striking example of the difficulty of getting people to use +their own powers of investigation accurately, that this form of the +doctrine of evolution should have held its ground so long; for it was +thoroughly and completely exploded, not long after its enunciation, by +Caspar Frederick Wolff, who in his _Theoria generationis_, published in +1759, placed the opposite theory of epigenesis upon the secure +foundation of fact, from which it has never been displaced. But Wolff +had no immediate successors. The school of Cuvier was lamentably +deficient in embryologists; and it was only in the course of the first +thirty years of the 19th century that Prevost and Dumas in France, and, +later on, Dollinger, Pander, von Bar, Rathke, and Remak in Germany, +founded modern embryology; and, at the same time, proved the utter +incompatibility of the hypothesis of evolution as formulated by Bonnet +and Haller with easily demonstrable facts. + +Nevertheless, though the conceptions originally denoted by "evolution" +and "development" were shown to be untenable, the words retained their +application to the process by which the embryos of living beings +gradually make their appearance; and the terms "development," +"Entwickelung," and "evolutio" are now indiscriminately used for the +series of genetic changes exhibited by living beings, by writers who +would emphatically deny that "development" or "Entwickelung" or +"evolutio," in the sense in which these words were usually employed by +Bonnet or Haller, ever occurs. + +Evolution, or development, is, in fact, at present employed in biology +as a general name for the history of the steps by which any living being +has acquired the morphological and the physiological characters which +distinguish it. As civil history may be divided into biography, which is +the history of individuals, and universal history, which is the history +of the human race, so evolution falls naturally into two categories--the +evolution of the individual (see EMBRYOLOGY) and the evolution of the +sum of living beings. + +_The Evolution of the Sum of Living Beings._--The notion that all the +kinds of animals and plants may have come into existence by the growth +and modification of primordial germs is as old as speculative thought; +but the modern scientific form of the doctrine can be traced +historically to the influence of several converging lines of +philosophical speculation and of physical observation, none of which go +further back than the 17th century. These are:-- + +1. The enunciation by Descartes of the conception that the physical +universe, whether living or not living, is a mechanism, and that, as +such, it is explicable on physical principles. + +2. The observation of the gradations of structure, from extreme +simplicity to very great complexity, presented by living things, and of +the relation of these graduated forms to one another. + +3. The observation of the existence of an analogy between the series of +gradations presented by the species which compose any great group of +animals or plants, and the series of embryonic conditions of the highest +members of that group. + +4. The observation that large groups of species of widely different +habits present the same fundamental plan of structure; and that parts of +the same animal or plant, the functions of which are very different, +likewise exhibit modifications of a common plan. + +5. The observation of the existence of structures, in a rudimentary and +apparently useless condition, in one species of a group, which are fully +developed and have definite functions in other species of the same +group. + +6. The observation of the effects of varying conditions in modifying +living organisms. + +7. The observation of the facts of geographical distribution. + +8. The observation of the facts of the geological succession of the +forms of life. + +1. Notwithstanding the elaborate disguise which fear of the powers that +were led Descartes to throw over his real opinions, it is impossible to +read the _Principes de la philosophie_ without acquiring the conviction +that this great philosopher held that the physical world and all things +in it, whether living or not living, have originated by a process of +evolution, due to the continuous operation of purely physical causes, +out of a primitive relatively formless matter.[29] + +The following passage is especially instructive:-- + + "Et tant s'en faut que je veuille que l'on croie toutes les choses que + j'ecrirai, que meme je pretends en proposer ici quelques-unes que je + crois absolument etre fausses; a savoir, je ne doute point que le + monde n'ait ete cree au commencement avec autant de perfection qu'il + en a; en sorte que le soleil, la terre, la lune, et les etoiles ont + ete des lors; et que la terre n'a pas eu seulement en soi les semences + des plantes, mais que les plantes meme en ont couvert une partie; et + qu'Adam et Eve n'ont pas ete crees enfans mais en age d'hommes + parfaits. La religion chretienne veut que nous le croyons ainsi, et la + raison naturelle nous persuade entierement cette verite; car si nous + considerons la toute puissance de Dieu, nous devons juger que tout ce + qu'il a fait a eu des le commencement toute la perfection qu'il devoit + avoir. Mais neanmoins, comme on connoitroit beaucoup mieux quelle a + ete la nature d'Adam et celle des arbres de Paradis si on avoit + examine comment les enfants se forment peu a peu dans le ventre de + leurs meres et comment les plantes sortent de leurs semences, que si + on avoit seulement considere quels ils ont ete quand Dieu les a crees: + tout de meme, nous ferons mieux entendre quelle est generalement la + nature de toutes les choses qui sont au monde si nous pouvons imaginer + quelques principes qui soient fort intelligibles et fort simples, + desquels nous puissions voir clairement que les astres et la terre et + enfin tout ce monde visible auroit pu etre produit ainsi que de + quelques semences (bien que nous sachions qu'il n'a pas ete produit en + cette facon) que si nous la decrivions seulement comme il est, ou bien + comme nous croyons qu'il a ete cree. Et parceque je pense avoir trouve + des principes qui sont tels, je tacherai ici de les expliquer."[30] + +If we read between the lines of this singular exhibition of force of one +kind and weakness of another, it is clear that Descartes believed that +he had divined the mode in which the physical universe had been evolved; +and the _Traite de l'homme_ and the essay _Sur les passions_ afford +abundant additional evidence that he sought for, and thought he had +found, an explanation of the phenomena of physical life by deduction +from purely physical laws. + +Spinoza abounds in the same sense, and is as usual perfectly candid-- + + "Naturae leges et regulae, secundum quas omnia fiunt et ex unis formis + in alias mutantur, sunt ubique et semper eadem."[31] + +Leibnitz's doctrine of continuity necessarily led him in the same +direction; and, of the infinite multitude of monads with which he +peopled the world, each is supposed to be the focus of an endless +process of evolution and involution. In the _Protogaea_, xxvi., Leibnitz +distinctly suggests the mutability of species-- + + "Alii mirantur in saxis passim species videri quas vel in orbe + cognito, vel saltem in vicinis locis frustra quaeras. Ita _Cornua + Ammonis_, quae ex nautilorum numero habeantur, passim et forma et + magnitudine (nam et pedali diametro aliquando reperiuntur) ab omnibus + illis naturis discrepare dicunt, quas praebet mare. Sed quis + absconditos ejus recessus aut subterraneas abyssos pervestigavit? quam + multa nobis animalia antea ignota offert novus orbis? Et credibile est + per magnas illas conversiones etiam animalium species plurimum + immutatas." + +Thus in the end of the 17th century the seed was sown which has at +intervals brought forth recurrent crops of evolutional hypotheses, +based, more or less completely, on general reasonings. + +Among the earliest of these speculations is that put forward by Benoit +de Maillet in his _Telliamed_, which, though printed in 1735, was not +published until twenty-three years later. Considering that this book was +written before the time of Haller, or Bonnet, or Linnaeus, or Hutton, it +surely deserves more respectful consideration than it usually receives. +For De Maillet not only has a definite conception of the plasticity of +living things, and of the production of existing species by the +modification of their predecessors, but he clearly apprehends the +cardinal maxim of modern geological science, that the explanation of the +structure of the globe is to be sought in the deductive application to +geological phenomena of the principles established inductively by the +study of the present course of nature. Somewhat later, P.L.M. de +Maupertuis[32] suggested a curious hypothesis as to the causes of +variation, which he thinks may be sufficient to account for the origin +of all animals from a single pair. Jean Baptiste Rene Robinet[33] +followed out much the same line of thought as De Maillet, but less +soberly; and Bonnet's speculations in the _Palingenesie_, which appeared +in 1769, have already been mentioned. Buffon (1753-1778), at first a +partisan of the absolute immutability of species, subsequently appears +to have believed that larger or smaller groups of species have been +produced by the modification of a primitive stock; but he contributed +nothing to the general doctrine of evolution. + +Erasmus Darwin (_Zoonomia_, 1794), though a zealous evolutionist, can +hardly be said to have made any real advance on his predecessors; and, +notwithstanding the fact that Goethe had the advantage of a wide +knowledge of morphological facts, and a true insight into their +signification, while he threw all the power of a great poet into the +expression of his conceptions, it may be questioned whether he supplied +the doctrine of evolution with a firmer scientific basis than it already +possessed. Moreover, whatever the value of Goethe's labours in that +field, they were not published before 1820, long after evolutionism had +taken a new departure from the works of Treviranus and Lamarck--the +first of its advocates who were equipped for their task with the needful +large and accurate knowledge of the phenomena of life as a whole. It is +remarkable that each of these writers seems to have been led, +independently and contemporaneously, to invent the same name of +"biology" for the science of the phenomena of life; and thus, following +Buffon, to have recognized the essential unity of these phenomena, and +their contradistinction from those of inanimate nature. And it is hard +to say whether Lamarck or Treviranus has the priority in propounding the +main thesis of the doctrine of evolution; for though the first volume of +Treviranus's _Biologie_ appeared only in 1802, he says, in the preface +to his later work, the _Erscheinungen und Gesetze des organischen +Lebens_, dated 1831, that he wrote the first volume of the _Biologie_ +"nearly five-and-thirty years ago," or about 1796. + +Now, in 1794, there is evidence that Lamarck held doctrines which +present a striking contrast to those which are to be found in the +_Philosophie zoologique_, as the following passages show:-- + + "685. Quoique mon unique objet dans cet article n'ait ete que de + traiter de la cause physique de l'entretien de la vie des etres + organiques, malgre cela j'ai ose avancer en debutant, que l'existence + de ces etres etonnants n'appartiennent nullement a la nature; que tout + ce qu'on peut entendre par le mot _nature_, ne pouvoit donner la vie, + c'est-a-dire, que toutes les qualites de la matiere, jointes a toutes + les circonstances possibles, et meme a l'activite repandue dans + l'univers, ne pouvaient point produire un etre muni du mouvement + organique, capable de reproduire son semblable, et sujet a la mort. + + "686. Tous les individus de cette nature, qui existent, proviennent + d'individus semblables qui tous ensemble constituent l'espece entiere. + Or, je crois qu'il est aussi impossible a l'homme de connoitre la + cause physique du premier individu de chaque espece, que d'assigner + aussi physiquement la cause de l'existence de la matiere ou de + l'univers entier. C'est au moins ce que le resultat de mes + connaissances et de mes reflexions me portent a penser. S'il existe + beaucoup de varietes produites par l'effet des circonstances, ces + varietes ne denaturent point les especes; mais on se trompe, sans + doute souvent, en indiquant comme espece, ce qui n'est que variete; et + alors je sens que cette erreur peut tirer a consequence dans les + raisonnements que l'on fait sur cette matiere."[34] + +The first three volumes of Treviranus's Biologie, which contains his +general views of evolution, appeared between 1802 and 1805. The +_Recherches sur l'organisation des corps vivants_, which sketches out +Lamarck's doctrines, was published in 1802; but the full development of +his views in the _Philosophie zoologique_ did not take place until +1809. + +The _Biologie_ and the _Philosophie zoologique_ are both very remarkable +productions, and are still worthy of attentive study, but they fell upon +evil times. The vast authority of Cuvier was employed in support of the +traditionally respectable hypotheses of special creation and of +catastrophism; and the wild speculations of the _Discours sur les +revolutions de la surface du globe_ were held to be models of sound +scientific thinking, while the really much more sober and philosophical +hypotheses of the _Hydrogeologie_ were scouted. For many years it was +the fashion to speak of Lamarck with ridicule, while Treviranus was +altogether ignored. + +Nevertheless, the work had been done. The conception of evolution was +henceforward irrepressible, and it incessantly reappears, in one shape +or another,[35] up to the year 1858, when Charles Darwin and A.R. +Wallace published their _Theory of Natural Selection_. The _Origin of +Species_ appeared in 1859; and thenceforward the doctrine of evolution +assumed a position and acquired an importance which it never before +possessed. In the _Origin of Species_, and in his other numerous and +important contributions to the solution of the problem of biological +evolution, Darwin confined himself to the discussion of the causes which +have brought about the present condition of living matter, assuming such +matter to have once come into existence. On the other hand, Spencer[36] +and E. Haeckel[37] dealt with the whole problem of evolution. The +profound and vigorous writings of Spencer embody the spirit of Descartes +in the knowledge of our own day, and may be regarded as the _Principes +de la philosophie_ of the 19th century; while, whatever hesitation may +not unfrequently be felt by less daring minds in following Haeckel in +many of his speculations, his attempt to systematize the doctrine of +evolution and to exhibit its influence as the central thought of modern +biology, cannot fail to have a far-reaching influence on the progress of +science. + +If we seek for the reason of the difference between the scientific +position of the doctrine of evolution in the days of Lamarck and that +which it occupies now, we shall find it in the great accumulation of +facts, the several classes of which have been enumerated above, under +the second to the eighth heads. For those which are grouped under the +second to the seventh of these classes, respectively, have a clear +significance on the hypothesis of evolution, while they are +unintelligible if that hypothesis be denied. And those of the eighth +group are not only unintelligible without the assumption of evolution, +but can be proved never to be discordant with that hypothesis, while, in +some cases, they are exactly such as the hypothesis requires. The +demonstration of these assertions would require a volume, but the +general nature of the evidence on which they rest may be briefly +indicated. + +2. The accurate investigation of the lowest forms of animal life, +commenced by Leeuwenhoek and Swammerdam, and continued by the remarkable +labours of Reaumur, Abraham Trembley, Bonnet, and a host of other +observers in the latter part of the 17th and the first half of the 18th +centuries, drew the attention of biologists to the gradation in the +complexity of organization which is presented by living beings, and +culminated in the doctrine of the _echelle des etres_, so powerfully and +clearly stated by Bonnet, and, before him, adumbrated by Locke and by +Leibnitz. In the then state of knowledge, it appeared that all the +species of animals and plants could be arranged in one series, in such a +manner that, by insensible gradations, the mineral passed into the +plant, the plant into the polype, the polype into the worm, and so, +through gradually higher forms of life, to man, at the summit of the +animated world. + +But, as knowledge advanced, this conception ceased to be tenable in the +crude form in which it was first put forward. Taking into account +existing animals and plants alone, it became obvious that they fell into +groups which were more or less sharply separated from one another; and, +moreover, that even the species of a genus can hardly ever be arranged +in linear series. Their natural resemblances and differences are only to +be expressed by disposing them as if they were branches springing from a +common hypothetical centre. + +Lamarck, while affirming the verbal proposition that animals form a +single series, was forced by his vast acquaintance with the details of +zoology to limit the assertion to such a series as may be formed out of +the abstractions constituted by the common characters of each group.[38] + +Cuvier on anatomical, and Von Baer on embryological grounds, made the +further step of proving that, even in this limited sense, animals cannot +be arranged in a single series, but that there are several distinct +plans of organization to be observed among them, no one of which, in its +highest and most complicated modification, leads to any of the others. + +The conclusions enunciated by Cuvier and Von Baer have been confirmed in +principle by all subsequent research into the structure of animals and +plants. But the effect of the adoption of these conclusions has been +rather to substitute a new metaphor for that of Bonnet than to abolish +the conception expressed by it. Instead of regarding living things as +capable of arrangement in one series like the steps of a ladder, the +results of modern investigation compel us to dispose them as if they +were the twigs and branches of a tree. The ends of the twigs represent +individuals, the smallest groups of twigs species, larger groups genera, +and so on, until we arrive at the source of all these ramifications of +the main branch, which is represented by a common plan of structure. At +the present moment it is impossible to draw up any definition, based on +broad anatomical or developmental characters, by which any one of +Cuvier's great groups shall be separated from all the rest. On the +contrary, the lower members of each tend to converge towards the lower +members of all the others. The same may be said of the vegetable world. +The apparently clear distinction between flowering and flowerless plants +has been broken down by the series of gradations between the two +exhibited by the _Lycopodiaceae_, _Rhizocarpeae_, and _Gymnospermeae_. +The groups of _Fungi_, _Licheneae_ and _Algae_ have completely run into +one another, and, when the lowest forms of each are alone considered, +even the animal and vegetable kingdoms cease to have a definite +frontier. + +If it is permissible to speak of the relations of living forms to one +another metaphorically, the similitude chosen must undoubtedly be that +of a common root, whence two main trunks, one representing the vegetable +and one the animal world, spring; and, each dividing into a few main +branches, these subdivide into multitudes of branchlets and these into +smaller groups of twigs. + +As Lamarck has well said:--[39] + + "Il n'y a que ceux qui se sont longtemps et fortement occupes de la + determination des especes, et qui ont consulte de riches collections, + qui peuvent savoir jusqu'a quel point les _especes_, parmi les corps + vivants, se fondent les unes dans les autres, et qui ont pu se + convaincre que, dans les parties ou nous voyons des _especes_ isolees, + cela n'est ainsi que parcequ'il nous en manque d'autres qui en sont + plus voisines et que nous n'avons pas encore recueillies. + + "Je ne veux pas dire pour cela que les animaux qui existent forment + une serie tres-simple et partout egalement nuancee; mais je dis qu'ils + forment une serie rameuse, irregulierement graduee et qui n'a point de + discontinuite dans ses parties, ou qui, du moins, n'en a toujours pas + eu, s'il est vrai que, par suite de quelques especes perdues, il s'en + trouve quelque part. Il en resulte que les _especes_ qui terminent + chaque rameau de la serie generale tiennent, au moins d'un cote, a + d'autres especes voisines qui se nuancent avec elles. Voila ce que + l'etat bien connu des choses me met maintenant a portee de demontrer. + Je n'ai besoin d'aucune hypothese ni d'aucune supposition pour cela: + j'en atteste tous les naturalistes observateurs." + +3. In a remarkable essay[40] Meckel remarks:-- + +"There is no good physiologist who has not been struck by the +observation that the original form of all organisms is one and the +same, and that out of this one form, all, the lowest as well as the +highest, are developed in such a manner that the latter pass through the +permanent forms of the former as transitory stages. Aristotle, Haller, +Harvey, Kielmeyer, Autenrieth, and many others have either made this +observation incidentally, or, especially the latter, have drawn +particular attention to it, and drawn therefrom results of permanent +importance for physiology." + +Meckel proceeds to exemplify the thesis, that the lower forms of animals +represent stages in the course of the development of the higher, with a +large series of illustrations. + +After comparing the salamanders and the perenni-branchiate _Urodela_ +with the tadpoles and the frogs, and enunciating the law that the more +highly any animal is organized the more quickly does it pass through the +lower stages, Meckel goes on to say:-- + + "From these lowest Vertebrata to the highest, and to the highest forms + among these, the comparison between the embryonic conditions of the + higher animals and the adult states of the lower can be more + completely and thoroughly instituted than if the survey is extended to + the Invertebrata, inasmuch as the latter are in many respects + constructed upon an altogether too dissimilar type; indeed they often + differ from one another far more than the lowest vertebrate does from + the highest mammal; yet the following pages will show that the + comparison may be also extended to them with interest. In fact, there + is a period when, as Aristotle long ago said, the embryo of the + highest animal has the form of a mere worm, and, devoid of internal + and external organization, is merely an almost structureless lump of + polype-substance. Notwithstanding the origin of organs, it still for a + certain time, by reason of its want of an internal bony skeleton, + remains worm and mollusk, and only later enters into the series of the + Vertebrata, although traces of the vertebral column even in the + earliest periods testify its claim to a place in that series."--Op. + cit. pp. 4, 5. + +If Meckel's proposition is so far qualified, that the comparison of +adult with embryonic forms is restricted within the limits of one type +of organization; and if it is further recollected, that the resemblance +between the permanent lower form and the embryonic stage of a higher +form is not special but general, it is in entire accordance with modern +embryology; although there is no branch of biology which has grown so +largely, and improved its methods so much since Meckel's time, as this. +In its original form, the doctrine of "arrest of development," as +advocated by Geoffroy Saint-Hilaire and Serres, was no doubt an +over-statement of the case. It is not true, for example, that a fish is +a reptile arrested in its development, or that a reptile was ever a +fish; but it is true that the reptile embryo, at one stage of its +development, is an organism which, if it had an independent existence, +must be classified among fishes; and all the organs of the reptile pass, +in the course of their development, through conditions which are closely +analogous to those which are permanent in some fishes. + +4. That branch of biology which is termed morphology is a commentary +upon, and expansion of, the proposition that widely different animals or +plants, and widely different parts of animals or plants, are constructed +upon the same plan. From the rough comparison of the skeleton of a bird +with that of a man by Pierre Delon, in the 16th century (to go no +further back), down to the theory of the limbs and the theory of the +skull at the present day; or, from the first demonstration of the +homologies of the parts of a flower by C.F. Wolff, to the present +elaborate analysis of the floral organs, morphology exhibits a continual +advance towards the demonstration of a fundamental unity among the +seeming diversities of living structures. And this demonstration has +been completed by the final establishment of the cell theory (see +CYTOLOGY), which involves the admission of a primitive conformity, not +only of all the elementary structures in animals and plants +respectively, but of those in the one of these great divisions of living +things with those in the other. No _a priori_ difficulty can be said to +stand in the way of evolution, when it can be shown that all animals and +all plants proceed by modes of development, which are similar in +principle, from a fundamental protoplasmic material. + +5. The innumerable cases of structures, which are rudimentary and +apparently useless, in species, the close allies of which possess +well-developed and functionally important homologous structures, are +readily intelligible on the theory of evolution, while it is hard to +conceive their _raison d'etre_ on any other hypothesis. However, a +cautious reasoner will probably rather explain such cases deductively +from the doctrine of evolution than endeavour to support the doctrine of +evolution by them. For it is almost impossible to prove that any +structure, however rudimentary, is useless--that is to say, that it +plays no part whatever in the economy; and, if it is in the slightest +degree useful, there is no reason why, on the hypothesis of direct +creation, it should not have been created. Nevertheless; double-edged as +is the argument from rudimentary organs, there is probably none which +has produced a greater effect in promoting the general acceptance of the +theory of evolution. + +6. The older advocates of evolution sought for the causes of the process +exclusively in the influence of varying conditions, such as climate and +station, or hybridization, upon living forms. Even Treviranus has got no +further than this point. Lamarck introduced the conception of the action +of an animal on itself as a factor in producing modification. Starting +from the well-known fact that the habitual use of a limb tends to +develop the muscles of the limb, and to produce a greater and greater +facility in using it, he made the general assumption that the effort of +an animal to exert an organ in a given direction tends to develop the +organ in that direction. But a little consideration showed that, though +Lamarck had seized what, as far as it goes, is a true cause of +modification, it is a cause the actual effects of which are wholly +inadequate to account for any considerable modification in animals, and +which can have no influence at all in the vegetable world; and probably +nothing contributed so much to discredit evolution, in the early part of +the 19th century, as the floods of easy ridicule which were poured upon +this part of Lamarck's speculation. The theory of natural selection, or +survival of the fittest, was suggested by William Charles Wells in 1813, +and further elaborated by Patrick Matthew in 1831. But the pregnant +suggestions of these writers remained practically unnoticed and +forgotten, until the theory was independently devised and promulgated by +Charles Robert Darwin and Alfred Russell Wallace in 1858, and the effect +of its publication was immediate and profound. + +Those who were unwilling to accept evolution, without better grounds +than such as are offered by Lamarck, and who therefore preferred to +suspend their judgment on the question, found in the principle of +selective breeding, pursued in all its applications with marvellous +knowledge and skill by Darwin, a valid explanation of the occurrence of +varieties and races; and they saw clearly that, if the explanation would +apply to species, it would not only solve the problem of their +evolution, but that it would account for the facts of teleology, as well +as for those of morphology; and for the persistence of some forms of +life unchanged through long epochs of time, while others undergo +comparatively rapid metamorphosis. + +How far "natural selection" suffices for the production of species +remains to be seen. Few can doubt that, if not the whole cause, it is a +very important factor in that operation; and that it must play a great +part in the sorting out of varieties into those which are transitory and +those which are permanent. + +But the causes and conditions of variation have yet to be thoroughly +explored; and the importance of natural selection will not be impaired, +even if further inquiries should prove that variability is definite, and +is determined in certain directions rather than in others, by conditions +inherent in that which varies. It is quite conceivable that every +species tends to produce varieties of a limited number and kind, and +that the effect of natural selection is to favour the development of +some of these, while it opposes the development of others along their +predetermined lines of modification. + +7. No truths brought to light by biological investigation were better +calculated to inspire distrust of the dogmas intruded upon science in +the name of theology than those which relate to the distribution of +animals and plants on the surface of the earth. Very skilful +accommodation was needful, if the limitation of sloths to South America, +and of the _Ornithorhynchus_ to Australia, was to be reconciled with +the literal interpretation of the history of the Deluge; and, with the +establishment of the existence of distinct provinces of distribution, +any serious belief in the peopling of the world by migration from Mount +Ararat came to an end. + +Under these circumstances, only one alternative was left for those who +denied the occurrence of evolution; namely, the supposition that the +characteristic animals and plants of each great province were created, +as such, within the limits in which, we find them. And as the hypothesis +of "specific centres," thus formulated, was heterodox from the +theological point of view, and unintelligible under its scientific +aspect, it may be passed over without further notice, as a phase of +transition from the creational to the evolutional hypothesis. + +8. In fact, the strongest and most conclusive arguments in favour of +evolution are those which are based upon the facts of geographical, +taken in conjunction with those of geological, distribution. + +Both Darwin and Wallace lay great stress on the close relation which +obtains between the existing fauna of any region and that of the +immediately antecedent geological epoch in the same region; and rightly, +for it is in truth inconceivable that there should be no genetic +connexion between the two. It is possible to put into words the +proposition, that all the animals and plants of each geological epoch +were annihilated, and that a new set of very similar forms was created +for the next epoch, but it may be doubted if any one who ever tried to +form a distinct mental image of this process of spontaneous generation +on the grandest scale ever really succeeded in realizing it. + +In later years the attention of the best palaeontologists has been +withdrawn from the hodman's work of making "new species" of fossils, to +the scientific task of completing our knowledge of individual species, +and tracing out the succession of the forms presented by any given type +in time. + +_Evolution at the Beginning of the 20th century._--Since Huxley and +Sully wrote their masterly essays in the 9th edition of this +encyclopaedia, the doctrine of evolution has outgrown the trammels of +controversy and has been accepted as a fundamental principle. Writers on +biological subjects no longer have to waste space in weighing evolution +against this or that philosophical theory or religious tradition; +philosophical writers have frankly accepted it, and the supporters of +religious tradition have made broad their phylacteries to write on them +the new words. A closer scrutiny of the writers of all ages who preceded +Charles Darwin, and, in particular, the light thrown back from Darwin on +the earlier writings of Herbert Spencer, have made plain that without +Darwin the world by this time might have come to a general acceptance of +evolution; but it seems established as a historical fact that the world +has come to accept evolution, first, because of Darwin's theory of +natural selection, and second, because of Darwin's exposition of the +evidence for the actual occurrence of organic evolution. The evidence as +set out by Darwin has been added to enormously; new knowledge has in +many cases altered our conceptions of the mode of the actual process of +evolution, and from time to time a varying stress has been laid on what +are known as the purely Darwinian factors in the theory. The balance of +these tendencies has been against the attachment of great importance to +sexual selection, and in favour of attaching a great importance to +natural selection; but the dominant feature in the recent history of the +theory has been its universal acceptance and the recognition that this +general acceptance has come from the stimulus given by Darwin. + + + Ontogeny. + +A change has taken place in the use of the word evolution. Huxley, +following historical custom, devoted one section of his article to the +"Evolution of the Individual." The facts and theories respecting this +are now discussed under such headings as EMBRYOLOGY; HEREDITY; VARIATION +AND SELECTION; under these headings must be sought information on the +important recent modifications with regard to the theory of the relation +between the development of the individual and the development of the +race, the part played by the environment on the individual, and the +modern developments of the old quarrel between evolution and +epigenesis. The most striking general change has been against seeing in +the facts of ontogeny any direct evidence as to phylogeny. The general +proposition as to a parallelism between individual and ancestral +development is no doubt indisputable, but extended knowledge of the very +different ontogenetic histories of closely allied forms has led us to a +much fuller conception of the mode in which stages in embryonic and +larval history have been modified in relation to their surroundings, and +to a consequent reluctance to attach detailed importance to the +embryological argument for evolution. + + + Phylogeny. + +The vast bulk of botanical and zoological work on living and extinct +forms published during the last quarter of the 19th century increased +almost beyond all expectation the evidence for the fact of evolution. +The discovery of a single fossil creature in a geological stratum of a +wrong period, the detection of a single anatomical or physiological fact +irreconcilable with origin by descent with modification, would have been +destructive of the theory and would have made the reputation of the +observer. But in the prodigious number of supporting discoveries that +have been made no single negative factor has appeared, and the evolution +from their predecessors of the forms of life existing now or at any +other period must be taken as proved. It is necessary to notice, +however, that although the general course of the stream of life is +certain, there is not the same certainty as to the actual individual +pedigrees of the existing forms. In the attempts to place existing +creatures in approximately phylogenetic order, a striking change, due to +a more logical consideration of the process of evolution, has become +established and is already resolving many of the earlier difficulties +and banishing from the more recent tables the numerous hypothetical +intermediate forms so familiar in the older phylogenetic trees. The +older method was to attempt the comparison between the highest member of +a lower group and the lowest member of a higher group--to suppose, for +example, that the gorilla and the chimpanzee, the highest members of the +apes, were the existing representatives of the ancestors of man and to +compare these forms with the lowest members of the human race. Such a +comparison is necessarily illogical, as the existing apes are separated +from the common ancestor by at least as large a number of generations as +separate it from any of the forms of existing man. In the natural +process of growth, the gap must necessarily be wider between the summits +of the twigs than lower down, and, instead of imagining "missing links," +it is necessary to trace each separate branch as low down as possible, +and to institute the comparisons between the lowest points that can be +reached. The method is simply the logical result of the fact that every +existing form of life stands at the summit of a long branch of the whole +tree of life. A due consideration of it leads to the curious paradox +that if any two animals be compared, the zoologically lower will be +separated from the common ancestor by a larger number of generations, +since, on the average, sexual maturity is reached more quickly by the +lower form. Naturally very many other factors have to be considered, but +this alone is a sufficient reason to restrain attempts to place existing +forms in linear phylogenetic series. In embryology the method finds its +expression in the limitation of comparisons to the corresponding stages +of low and high forms and the exclusion of the comparisons between the +adult stages of low forms and the embryonic stages of higher forms. +Another expression of the same method, due to Cope, and specially +valuable to the taxonomist, is that when the relationship between orders +is being considered, characters of subordinal rank must be neglected. It +must not be supposed that earlier writers all neglected this method, or +still less that all writers now employ it, but merely that formerly it +was frequently overlooked by the best writers, and now is neglected only +by the worst. The result is, on the one hand, a clearing away of much +fantastic phylogeny, on the other, an enormous reduction of the supposed +gaps between groups. + + + Comparative anatomy. + +There has been a renewed activity in the study of existing forms from +the point of view of obtaining evidence as to the nature and origin of +species. Comparative anatomists have been learning to refrain from +basing the diagnosis of a species, or the description of the condition +of an organ, on the evidence of a single specimen. Naturalists who deal +specially with museum collections have been compelled, it is true, for +other reasons to attach an increasing importance to what is called the +type specimen, but they find that this insistence on the individual, +although invaluable from the point of view of recording species, is +unsatisfactory from the point of view of scientific zoology; and +propositions for the amelioration of this condition of affairs range +from a refusal of Linnaean nomenclature in such cases, to the +institution of a division between _master species_ for such species as +have been properly revised by the comparative morphologist, and +_provisional species_ for such species as have been provisionally +registered by those working at collections. Those who work with living +forms of which it is possible to obtain a large number of specimens, and +those who make revisions of the provisional species of palaeontologists, +are slowly coming to some such conception as that a species is the +abstract central point around which a group of variations oscillate, and +that the peripheral oscillations of one species may even overlap those +of an allied species. It is plain that we have moved far from the +connotation and denotation of the word _species_ at the time when Darwin +began to discuss the origin of species, and that the movement, on the +one hand, tends to simplify the problem philosophically, and, on the +other, to make it difficult for the amateur theorist. + +The conception of evolution is being applied more rigidly to the +comparative anatomy of organs and systems of organs. When a series of +the modifications of an anatomical structure has been sufficiently +examined, it is frequently possible to decide that one particular +condition is primitive, ancestral or central, and that the other +conditions have been derived from it. Such a condition has been termed, +with regard to the group of animals or plants the organs of which are +being studied, _archecentric_. The possession of the character in the +archecentric condition in (say) two of the members of the group does not +indicate that these two members are more nearly related to one another +than they are to other members of the group; the archecentric condition +is part of the common heritage of all the members of the group, and may +be retained by any. On the other hand, when the ancestral condition is +modified, it may be regarded as having moved outwards along some radius +from the archecentric condition. Such modified conditions have been +termed _apocentric_. It is obvious that the mere apocentricity of a +character can be no guide to the affinities of its possessor. It is +necessary to determine if the modification be a simple change that might +have occurred in independent cases, in fact if it be a multiradial +apocentricity, or if it involved intricate and precisely combined +anatomical changes that we could not expect to occur twice +independently; that is to say, if it be a uniradial apocentricity. +Multiradial apocentricities lie at the root of many of the phenomena +that have been grouped under the designation _convergence_. Especially +in the case of manifest adaptations, organs possessed by creatures far +apart genealogically may be moulded into conditions that are extremely +alike. Sir E. Ray Lankester's term, _homoplasy_, has passed into +currency as designating such cases where different genetic material has +been pressed by similar conditions into similar moulds. These may be +called heterogeneous homoplasies, but it is necessary to recognize the +existence of homogeneous homoplasies, here called multiradial +apocentricities. A complex apocentric modification of a kind which we +cannot imagine to have been repeated independently, and which is to be +designated as uniradial, frequently forms a new centre around which new +diverging modifications are produced. With reference to any particular +group of forms such a new centre of modification may be termed a +_metacentre_, and it is plain that the archecentre of the whole group is +a metacentre of the larger group of which the group under consideration +is a branch. Thus, for instance, the archecentric condition of any Avian +structure is a metacentre of the Sauropsidan stem. A form of +apocentricity extremely common and often perplexing may be termed +_pseudocentric_; in such a condition there is an apparent simplicity +that reveals its secondary nature by some small and apparently +meaningless complexity. + + + Bionomics. + +Another group of investigations that seems to play an important part in +the future development of the theory of evolution relates to the study +of what is known as organic symmetry. The differentiations of structure +that characterize animals and plants are being shown to be orderly and +definite in many respects; the relations of the various parts to one +another and to the whole, the modes of repetition of parts, and the +series of changes that occur in groups of repeated parts appear to be to +a certain extent inevitable, to depend on the nature of the living +material itself and on the necessary conditions of its growth. Closely +allied to the study of symmetry is the study of the direct effect of the +circumambient media on embryonic young and adult stages of living beings +(see EMBRYOLOGY: _Physiology_; HEREDITY; and VARIATION AND SELECTION), +and a still larger number of observers have added to our knowledge of +these. It is impossible here to give even a list of the names of the +many observers who in recent times have made empirical study of the +effects of growth-forces and of the symmetrical limitations and +definitions of growth. It is to be noticed, however, that, even after +such phenomena have been properly grouped and designated under Greek +names as laws of organic growth, they have not become explanations of +the series of facts they correlate. Their importance in the theory of +evolution is none the less very great. In the first place, they lessen +the number of separate facts to be explained; in the second, they limit +the field within which explanation must be sought, since, for instance, +if a particular mode of repetition of parts occur in mosses, in +flowering-plants, in beetles and in elephants, the seeker of ultimate +explanations may exclude from the field of his inquiry all the +conditions individual to these different organic forms, and confine +himself only to what is common to all of them; that is to say, +practically only the living material and its environment. The +prosecution of such inquiries is beginning to make unnecessary much +ingenious speculation of a kind that was prominent from 1880 to 1900; +much futile effort has been wasted in the endeavour to find on Darwinian +principles special "selection-values" for phenomena the universality of +which places them outside the possibility of having relations with the +particular conditions of particular organisms. On the other hand, many +of those who have been specially successful in grouping diverse +phenomena under empirical generalizations have erred logically in posing +their generalizations against such a _vera causa_ as the preservation of +favoured individuals and races. The thirty years which followed the +publication of the _Origin of Species_ were characterized chiefly by +anatomical and embryological work; since then there has been no +diminution in anatomical and embryological enthusiasm, but many of the +continually increasing body of investigators have turned again to +bionomical work. Inasmuch as Lamarck attempted to frame a theory of +evolution in which the principle of natural selection had no part, the +interpretation placed on their work by many bionomical investigators +recalls the theories of Lamarck, and the name _Neo-Lamarckism_ has been +used of such a school of biologists, particularly active in America. The +weakness of the Neo-Lamarckian view lies in its interpretation of +heredity; its strength lies in its zealous study of the living world and +the detection therein of proximate empirical laws, a strength shared by +very many bionomical investigations, the authors of which would prefer +to call themselves Darwinians, or to leave themselves without sectarian +designation. + + + Biometrics. + +Statistical inquiry into the facts of life has long been employed, and +in particular Francis Galton, within the Darwinian period, has advocated +its employment and developed its methods. Within quite recent years, +however, a special school has arisen with the main object of treating +the processes of evolution quantitatively. Here it is right to speak of +Karl Pearson as a pioneer of notable importance. It has been the habit +of biologists to use the terms variation, selection, elimination, +correlation and so forth, vaguely; the new school, which has been +strongly reinforced from the side of physical science, insists on +quantitative measurements of the terms. When the anatomist says that one +race is characterized by long heads, another by round heads, the +biometricist demands numbers and percentages. When an organ is stated to +be variable, the biometricist demands statistics to show the range of +the variations and the mode of their distribution. When a character is +said to be favoured by natural selection, the biometricist demands +investigation of the death-rate of individuals with or without the +character. When a character is said to be transmitted, or to be +correlated with another character, the biometricist declares the +statement valueless without numerical estimations of the inheritance or +correlation. The subject is still so new, and its technical methods (see +VARIATION AND SELECTION) have as yet spread so little beyond the group +which is formulating and defining them, that it is difficult to do more +than guess at the importance of the results likely to be gained. Enough, +however, has already been done to show the vast importance of the method +in grouping and codifying the empirical facts of life, and in so +preparing the way for the investigation of ultimate "causes." The chief +pitfall appears to be the tendency to attach more meaning to the results +than from their nature they can bear. The ultimate value of numerical +inquiries must depend on the equivalence of the units on which they are +based. Many of the characters that up to the present have been dealt +with by biometrical inquiry are obviously composite. The height or +length of the arm of a human being, for instance, is the result of many +factors, some inherent, some due to environment, and until these have +been sifted out, numerical laws of inheritance or of correlation can +have no more than an empirical value. The analysis of composite +characters into their indivisible units and statistical inquiry into the +behaviour of the units would seem to be a necessary part of biometric +investigation, and one to which much further attention will have to be +paid. + + + Segregation. + +It is well known that Darwin was deeply impressed by differences in +flora and fauna, which seemed to be functions of locality, and not the +result of obvious dissimilarities of environment. A.R. Wallace's studies +of island life, and the work of many different observers on local races +of animals and plants, marine, fluviatile and terrestrial, have brought +about a conception of segregation as apart from differences of +environment as being one of the factors in the differentiation of living +forms. The segregation may be geographical, or may be the result of +preferential mating, or of seasonal mating, and its effects plainly can +be made no more of than proximate or empirical laws of differentiation, +of great importance in codifying and simplifying the facts to be +explained. The minute attention paid by modern systematists to the exact +localities of subspecies and races is bringing together a vast store of +facts which will throw further light on the problem of segregation, but +the difficulty of utilizing these facts is increased by an unfortunate +tendency to make locality itself one of the diagnostic characters. + + + Bathmism. + +Consideration of phylogenetic series, especially from the +palaeontological side, has led many writers to the conception that there +is something of the nature of a growth-force inherent in organisms and +tending inevitably towards divergent evolution. It is suggested that +even in the absence of modification produced by any possible Darwinian +or Lamarckian factors, that even in a neutral environment, divergent +evolution of some kind would have occurred. The conception is +necessarily somewhat hazy, but the words _bathmism_ and _bathmic +Evolution_ have been employed by a number of writers for some such +conception. Closely connected with it, and probably underlying many of +the facts which have led to it, is a more definite group of ideas that +may be brought together under the phrase "phylogenetic limitation of +variation." In its simplest form, this phrase implies such an obvious +fact as that whatever be the future development of, say, existing +cockroaches, it will be on lines determined by the present structure of +these creatures. In a more general way, the phrase implies that at each +successive branching of the tree of life, the branches become more +specialized, more defined, and, in a sense, more limited. The full +implications of the group of ideas require, and are likely to receive, +much attention in the immediate future of biological investigation, but +it is enough at present to point out that until the more obvious lines +of inquiry have been opened out much more fully, we cannot be in a +position to guess at the existence of a residuum, for which such a +metaphysical conception as bathmism would serve even as a convenient +disguise for ignorance. + +Almost every side of zoology has contributed to the theory of evolution, +but of special importance are the facts and theories associated with the +names of Gregor Mendel, A. Weismann and Hugo de Vries. These are +discussed under the headings HEREDITY; MENDELISM; and VARIATION AND +SELECTION. It has been a feature of great promise in recent +contributions to the theory of evolution, that such contributions have +received attention almost directly in proportion to the new methods of +observation and the new series of facts with which they have come. Those +have found little favour who brought to the debate only formal +criticisms or amplifications of the Darwinian arguments, or +re-marshallings of the Darwinian facts, however ably conducted. The time +has not yet come for the attempt to synthesize the results of the many +different and often apparently antagonistic groups of workers. The great +work that is going on is the simplification of the facts to be explained +by grouping them under empirical laws; and the most general statement +relating to these that can yet be made is that no single one of these +laws has as yet shown signs of taking rank as a _vera causa_ comparable +with the Darwinian principle of natural selection. + + For evolution in relation to society see SOCIOLOGY. + + REFERENCES.--Practically, every botanical and zoological publication + of recent date has its bearing on evolution. The following are a few + of the more general works: Bateson, _Materials for the Study of + Variation_; Bunge, _Vitalismus und Mechanismus_; Cope, _Origin of the + Fittest_, _Primary Factors of Organic Evolution_, _Darwin's Life and + Letters_; H. de Vries, _Species and Varieties and their Origin by + Mutation_; Eimer, _Organic Evolution_; Gulick, "Divergent Evolution + through Cumulative Segregation," _Jour. Linn. Soc._ xx.; Haacke, + _Schopfung des Menschen_; Mitchell, "Valuation of Zoological + Characters," _Trans. Linn. Soc._ viii. pt. 7; Pearson, _Grammar of + Science_; Romanes, _Darwin and after Darwin_; Sedgwick, Presidential + Address to Section Zoology, _Brit. Ass. Rep. 1899_; Wallace, + _Darwinism_; Weismann, _The Germ-Plasm_. Further references of great + value will be found in the works of Bateson and Pearson referred to + above, and in the annual volumes of the _Zoological Record_, + particularly under the head "General Subject." (P. C. M.) + + +FOOTNOTES: + + [1] This is brought out by F. Lassalle, _Die Philosophie + Herakleitos_, p. 126. + + [2] Zeller says that through this distinction Aristotle first made + possible the idea of development. + + [3] See this well brought out in G.H. Lewes's _Aristotle_, p. 187. + + [4] Grote calls attention to the contrast between Plato's and + Aristotle's way of conceiving the gradations of mind (_Aristotle_, + ii. 171). + + [5] Zeller observes that this scale of decreasing perfection is a + necessary consequence of the idea of a transcendent deity. + + [6] Melanges de philosophie juive et arabe, p. 225. + + [7] Yet he leaves open the question whether the Deity has annexed + thought to matter as a faculty, or whether it rests on a distinct + spiritual principle. + + [8] Locke half playfully touches on certain monsters, with respect to + which it is difficult to determine whether they ought to be called + men. (_Essay_, book iii. ch. vi. sect. 26, 27.) + + [9] A similar coincidence between the teleological and the modern + evolutional way of viewing things is to be met with in Locke's + account of the use of pain in relation to the preservation of our + being (bk. ii. ch. vii. sect. 4). + + [10] _Philosophy of History_ (1893), p. 103, where an interesting + sketch of the growth of the idea of progress is to be found. + + [11] G.H. Lewes points out that Leibnitz is inconsistent in his + account of the intelligence of man in relation to that of lower + animals, since when answering Locke he no longer regards these as + differing in degree only. + + [12] Both Lewes and du Bois Reymond have brought out the points of + contact between Leibnitz's theory of monads and modern biological + speculations (_Hist. of Phil._ ii. 287, and _Leibnitzsche Gedanken in + der modernen Naturwissenschaft_, p. 23 seq.). + + [13] For Herder's position in relation to the modern doctrine of + evolution see F. von Barenbach's _Herder als Vorganger Darwins_, a + work which tends to exaggerate the proximity of the two writers. + + [14] Kant held it probable that other planets besides our earth are + inhabited, and that their inhabitants form a scale of beings, their + perfection increasing with the distance of the planet which they + inhabit from the sun. + + [15] Kant calls the doctrine of the transmutation of species "a + hazardous fancy of the reason." Yet, as Strauss and others have + shown, Kant's mind betrayed a decided leaning at times to a more + mechanical conception of organic forms as related by descent. + + [16] Hegel somewhere says that the question of the eternal duration + of the world is unanswerable: time as well as space can be predicated + of finitudes only. + + [17] _The Exercitationes de generatione animalium_, which Dr George + Ent extracted from him and published in 1651. + + [18] _De generatione animalium_, lib. ii. cap. x. + + [19] _De generatione animalium_, lib. ii. cap. iv. + + [20] "Cependant, pour revenir aux formes ordinaires ou aux ames + materielles, cette duree qu'il leur faut attribuer, a la place de + celle qu'on avoit attribuee aux atomes pourroit faire douter si elles + ne vont pas de corps en corps; ce qui seroit la metempsychose, a peu + pres comme quelques philosophes ont cru la transmission du mouvement + et celle des especes. Mais cette imagination est bien eloignee de la + nature des choses. Il n'y a point de tel passage; et c'est ici ou les + transformations de Messieurs Swammerdam, Malpighi, et Leewenhoek, qui + sont des plus excellens observateurs de notre tems, sont venues a mon + secours et m'ont fait admettre plus aisement, que l'animal, et toute + autre substance organisee ne commence point lorsque nous le croyons, + et que sa generation apparente n'est qu'un developpement et une + espece d'augmentation. Aussi ai-je remarque que l'auteur de la + _Recherche de la verite_, M. Regis, M. Hartsoeker, et d'autres + habiles hommes n'ont pas ete fort eloignes de ce sentiment." + Leibnitz, _Systeme nouveau de la nature_ (1695). The doctrine of + "Emboitement" is contained in the _Considerations sur le principe de + vie_ (1705); the preface to the _Theodicee_ (1710); and the + _Principes de la nature et de la grace_ (S 6) (1718). + + [21] "Il est vrai que la pensee la plus raisonnable et la plus + conforme a l'experience sur cette question tres difficile de la + formation du foetus; c'est que les enfans sont deja presque tout + formes avant meme l'action par laquelle ils sont concus; et que leurs + meres ne font que leur donner l'accroissement ordinaire dans le temps + de la grossesse." _De la recherche de la verite_, livre ii. chap. + vii. p. 334 (7th ed., 1721). + + [22] _Considerations sur les corps organises_, chap. x. + + [23] Bonnet had the courage of his opinions, and in the _Palingenesie + philosophique_, part vi. chap, iv., he develops a hypothesis which he + terms "evolution naturelle"; and which, making allowance for his + peculiar views of the nature of generation, bears no small + resemblance to what is understood by "evolution" at the present + day:-- + + "Si la volonte divine a cree par un seul Acte l'Universalite des + etres, d'ou venoient ces plantes et ces animaux dont Moyse nous + decrit la Production au troisieme et au cinquieme jour du + renouvellement de notre monde? + + "Abuserois-je de la liberte de conjectures si je disois, que les + Plantes et les Animaux qui existent aujourd'hui sont parvenus par une + sorte d'evolution naturelle des Etres organises qui peuplaient ce + premier Monde, sorti immediatement des MAINS du CREATEUR?... + + "Ne supposons que trois revolutions. La Terre vient de sortir des + MAINS du CREATEUR. Des causes preparees par sa Sagesse font + developper de toutes parts les Germes. Les Etres organises commencent + a jouir de l'existence. Ils etoient probablement alors bien differens + de ce qu'ils sont aujourd'hui. Ils l'etoient autant que ce premier + Monde differoit de celui que nous habitons. Nous manquons de moyens + pour juger de ces dissemblances, et peut-etre que le plus habile + Naturaliste qui auroit ete place dans ce premier Monde y auroit + entierement meconnu nos Plantes et nos Animaux." + + [24] "Ce mot (germe) ne designera pas seulement un corps organise + _reduit en petit_; il designera encore toute espece de _preformation + originelle dont un Tout organique peut resulter comme de son principe + immediat."--Palingenesie philosophique_, part. x. chap. ii. + + [25] "M. Cuvier considerant que tous les etres organises sont derives + de parens, et ne voyant dans la nature aucune force capable de + produire l'organisation, croyait a la pre-existence des germes; non + pas a la pre-existence d'un etre tout forme, puisqu'il est bien + evident que ce n'est que par des developpemens successifs que l'etre + acquiert sa forme; mais, si l'on peut s'exprimer ainsi, a la + pre-existence du radical de l'etre, radical qui existe avant que la + serie des evolutions ne commence, et qui remonte certainement, + suivant la belle observation de Bonnet, a plusieurs + generations."--Laurillard, _Eloge de Cuvier_, note 12. + + [26] _Histoire naturelle_, tom. ii. ed. ii. (1750), p. 350. + + [27] _Ibid._ p. 351. + + [28] See particularly Buffon, l.c. p. 41. + + [29] As Buffon has well said:--"L'idee de ramener l'explication de + tous les phenomenes a des principes mecaniques est assurement grande + et belle, ce pas est le plus hardi qu'on peut faire en philosophie, + et c'est Descartes qui l'a fait."--l.c. p. 50. + + [30] _Principes de la philosophie_, Troisieme partie, S 45. + + [31] _Ethices_, Pars tertia, Praefatio. + + [32] _Systeme de la Nature. Essai sur la formation des corps + organises_, 1751, xiv. + + [33] _Considerations philosophiques sur la gradation naturelle des + formes de l'etre; ou les essais de la nature qui apprend a faire + l'homme_ (1768). + + [34] _Recherches sur les causes des principaux faits physiques_, par + J.B. Lamarck. Paris. Seconde annee de la Republique. In the preface, + Lamarck says that the work was written in 1776, and presented to the + Academy in 1780; but it was not published before 1794, and at that + time it presumably expressed Lamarck's mature views. It would be + interesting to know what brought about the change of opinion + manifested in the _Recherches sur l'organisation des corps vivants_, + published only seven years later. + + [35] See the "Historical Sketch" prefixed to the last edition of the + _Origin of Species_. + + [36] _First Principles and Principles of Biology_ (1860-1864). + + [37] _Generelle Morphologie_ (1866). + + [38] "Il s'agit donc de prouver que la serie qui constitute l'echelle + animale reside essentiellement dans la distribution des masses + principals qui la composent et non dans celle des especes ni meme + toujours dans celle des genres."--_Phil. zoologique_, chap. v. + + [39] _Philosophie zoologique_, premiere partie, chap. iii. + + [40] "Entwurf einer Darstellung der zwischen dem Embryozustande der + hoheren Thiere und dem per manenten der niederen stattfindenden + Parallele," _Beytrage zur vergleichenden Anatomie_, Bd. ii. 1811. + + + + +EVORA, the capital of an administrative district in the province of +Alemtejo, Portugal; 72 m. E. by S. of Lisbon, on the Casa +Branca-Evora-Elvas railway. Pop. (1900) 16,020. Evora occupies a fertile +valley enclosed by low hills. It is surrounded by ramparts flanked with +towers, and is further defended by two forts; but the neglected +condition of these, combined with the narrow arcaded streets and +crumbling walls of Roman or Moorish masonry, gives the city an +appearance corresponding with its real antiquity. Evora is the see of an +archbishop, and has several churches, convents and hospitals, barracks, +a diocesan school and a museum. A university, founded in 1550, was +abolished on the expulsion of the Jesuits in the 18th century. The +cathedral, originally a Romanesque building erected 1186-1204, was +restored in Gothic style about 1400; its richly decorated chancel was +added in 1761. The church of Sao Francisco (1507-1525) is a good example +of the blended Moorish and Gothic architecture known as Manoellian. The +art gallery, formerly the archbishop's palace, contains a collection of +Portuguese and early Flemish paintings. An ancient tower, and the +so-called aqueduct of Sertorius, 9 m. long, have been partly demolished +to make room for the market-square, in which one of the largest fairs in +Portugal is held at midsummer. Both tower and aqueduct were long +believed to have been of Roman origin, but are now known to have been +constructed about 1540-1555 in the reign of John III., at the instance +of an antiquary named Resende. The aqueduct was probably constructed on +the site of the old Roman one. A small Roman temple is used as a public +library; it is usually known as the temple of Diana, a name for which no +valid authority exists. Evora is of little commercial importance, +except as an agricultural centre, but its neighbourhood is famous for +its mules and abounds in cork-woods; there are also mines of iron, +copper, and asbestos and marble quarries. + +Under its original name of _Ebora_, the city was from 80 to 72 B.C. the +headquarters of Sertorius, and it long remained an important Roman +military station. It was called _Liberalitas Juliae_ on account of +certain municipal privileges bestowed on it by Julius Caesar (c. 100-44 +B.C.). Its bishopric, founded in the 5th century, was raised to an +archbishopric in the 16th. In 712 Evora was conquered by the Moors, who +named it _Jabura_; and it was only retaken in 1166. From 1663 to 1665 it +was held by the Spaniards. In 1832 Dom Miguel, retreating before Dom +Pedro, took refuge in Evora; and here was signed the convention of +Evora, by which he was banished. (See PORTUGAL.) + +The administrative district of Evora coincides with the central part of +Alemtejo (q.v.); pop. (1900) 128,062; area, 2856 sq. m. + + + + +EVREUX, a town of north-western France, capital of the department of +Eure, 67 m. W.N.W. of Paris on the Western railway to Cherbourg. Pop. +(1906) town, 13,773; commune, 18,971. Situated in the pleasant valley of +the Iton, arms of which traverse it, the town, on the south, slopes up +toward the public gardens and the railway station. It is the seat of a +bishop, and its cathedral is one of the largest and finest in France. +Part of the lower portion of the nave dates from the 11th century; the +west facade with its two ungainly towers is, for the most part, the work +of the late Renaissance, and various styles of the intervening period +are represented in the rest of the church. A thorough restoration was +completed in 1896. The elaborate north transept and portal are in the +flamboyant Gothic; the choir, the finest part of the interior, is in an +earlier Gothic style. Cardinal de la Balue, bishop of Evreux in the +latter half of the 15th century, constructed the octagonal central +tower, with its elegant spire; to him is also due the Lady chapel, which +is remarkable for some finely preserved stained glass. Two rose windows +in the transepts and the carved wooden screens of the side chapels are +masterpieces of 16th-century workmanship. The episcopal palace, a +building of the 15th century, adjoins the south side of the cathedral. +An interesting belfry, facing the handsome modern town hall, dates from +the 15th century. The church of St Taurin, in part Romanesque, has a +choir of the 14th century and other portions of later date; it contains +the shrine of St Taurin, a work of the 13th century. At Vieil Evreux, +3-1/2 m. south-east of the town, the remains of a Roman theatre, a +palace, baths and an aqueduct have been discovered, as well as various +relics which are now deposited in the museum of Evreux. Evreux is the +seat of a prefect, a court of assizes, of tribunals of first instance +and commerce, a chamber of commerce and a board of trade arbitrators, +and has a branch of the Bank of France, a lycee and training colleges +for teachers. The making of ticking, boots and shoes, agricultural +implements and gas motors, and metal-founding and bleaching are carried +on. + +Vieil-Evreux (_Mediolanum Aulercorum_) was the capital of the Gallic +tribe of the _Aulerci Eburovices_ and a flourishing city during the +Gallo-Roman period. Its bishopric dates from the 4th century. + +The first family of the counts of Evreux which is known was descended +from an illegitimate son of Richard I., duke of Normandy, and became +extinct in the male line with the death of Count William in 1118. The +countship passed in right of Agnes, William's sister, wife of Simon de +Montfort-l'Amaury (d. 1087) to the house of the lords of +Montfort-l'Amaury. Amaury III. of Montfort ceded it in 1200 to King +Philip Augustus. Philip the Fair presented it (1307) to his brother +Louis, for whose benefit Philip the Long raised the countship of Evreux +into a peerage of France (1317). Philip of Evreux, son of Louis, became +king of Navarre by his marriage with Jeanne, daughter of Louis the +Headstrong (Hutin), and their son Charles the Bad and their grandson +Charles the Noble were also kings of Navarre. The latter ceded his +countships of Evreux, Champagne and Brie to King Charles VI. (1404). In +1427 the countship of Evreux was bestowed by King Charles VII. on Sir +John Stuart of Darnley (c. 1365-1429), the commander of his Scottish +bodyguard, who in 1423 had received the seigniory of Aubigny and in +February 1427/8 was granted the right to quarter the royal arms of +France for his victories over the English (see Lady Elizabeth Cust, +_Account of the Stuarts of Aubigny in France, 1422-1672_, 1891). On +Stuart's death (before Orleans during an attack on an English convoy) +the countship reverted to the crown. It was again temporarily alienated +(1569-1584) as an appanage for Francis, duke of Anjou, and in 1651 was +finally made over to Frederic Maurice de la Tour d'Auvergne, duke of +Bouillon, in exchange for the principality of Sedan. + + + + +EWALD, GEORG HEINRICH AUGUST VON (1803-1875), German Orientalist and +theologian, was born on the 16th of November 1803 at Gottingen, where +his father was a linen-weaver. In 1815 he was sent to the gymnasium, and +in 1820 he entered the university of his native town, where under J.G. +Eichhorn and T.C. Tychsen he devoted himself specially to the study of +Oriental languages. At the close of his academical career in 1823 he was +appointed to a mastership in the gymnasium at Wolfenbuttel, and made a +study of the Oriental manuscripts in the Wolfenbuttel library. But in +the spring of 1824 he was recalled to Gottingen as _repetent_, or +theological tutor, and in 1827 (the year of Eichhorn's death) he became +professor _extraordinarius_ in philosophy and lecturer in Old Testament +exegesis. In 1831 he was promoted to the position of professor +_ordinarius_ in philosophy; in 1833 he became a member of the Royal +Scientific Society, and in 1835, after Tychsen's death, he entered the +faculty of theology, taking the chair of Oriental languages. + +Two years later occurred the first important episode in his studious +life. In 1837, on the 18th of November, along with six of his colleagues +he signed a formal protest against the action of King Ernst August (duke +of Cumberland) in abolishing the liberal constitution of 1833, which had +been granted to the Hanoverians by his predecessor William IV. This bold +procedure of the seven professors led to their speedy expulsion from the +university (14th December). Early in 1838 Ewald received a call to +Tubingen, and there for upwards of ten years he held a chair as +professor _ordinarius_, first in philosophy and afterwards, from 1841, +in theology. To this period belong some of his most important works, and +also the commencement of his bitter feud with F.C. Baur and the Tubingen +school. In 1847, "the great shipwreck-year in Germany," as he has called +it, he was invited back to Gottingen on honourable terms--the liberal +constitution having been restored. He gladly accepted the invitation. In +1862-1863 he took an active part in a movement for reform within the +Hanoverian Church, and he was a member of the synod which passed the new +constitution. He had an important share also in the formation of the +Protestantenverein, or Protestant association, in September 1863. But +the chief crisis in his life arose out of the political events of 1866. +His loyalty to King George (son of Ernst August) would not permit him to +take the oath of allegiance to the victorious king of Prussia, and he +was therefore placed on the retired list, though with the full amount of +his salary as pension. Perhaps even this degree of severity might have +been held by the Prussian authorities to be unnecessary, had Ewald been +less exasperating in his language. The violent tone of some of his +printed manifestoes about this time, especially of his _Lob des Konigs +u. des Volkes_, led to his being deprived of the _venia legendi_ (1868) +and also to a criminal process, which, however, resulted in his +acquittal (May 1869). Then, and on two subsequent occasions, he was +returned by the city of Hanover as a member of the North German and +German parliaments. In June 1874 he was found guilty of a libel on +Prince Bismarck, whom he had compared to Frederick II. in "his +unrighteous war with Austria and his ruination of religion and +morality," to Napoleon III. in his way of "picking out the best time +possible for robbery and plunder." For this offence he was sentenced to +undergo three weeks' imprisonment. He died in his 72nd year of heart +disease on the 4th of May 1875. + +Ewald was no common man. In his public life he displayed many noble +characteristics,--perfect simplicity and sincerity, intense moral +earnestness, sturdy independence, absolute fearlessness. As a teacher +he had a remarkable power of kindling enthusiasm; and he sent out many +distinguished pupils, among whom may be mentioned Hitzig, Schrader, +Noldeke, Diestel and Dillmann. His disciples were not all of one school, +but many eminent scholars who apparently have been untouched by his +influence have in fact developed some of the many ideas which he +suggested. His numerous writings, from 1823 onwards, were the reservoirs +in which the entire energy of a life was stored. His _Hebrew Grammar_ +inaugurated a new era in biblical philology. All subsequent works in +that department have been avowedly based on his, and to him will always +belong the honour of having been, as Hitzig has called him, "the second +founder of the science of the Hebrew language." As an exegete and +biblical critic no less than as a grammarian he has left his abiding +mark. His _Geschichte des Volkes Israel_, the result of thirty years' +labour, was epoch-making in that branch of research. While in every line +it bears the marks of intense individuality, it is at the same time a +product highly characteristic of the age, and even of the decade, in +which it appeared. If it is obviously the outcome of immense learning on +the part of its author, it is no less manifestly the result of the +speculations and researches of many laborious predecessors in all +departments of history, theology and philosophy. Taking up the idea of a +divine education of the human race, which Lessing and Herder had made so +familiar to the modern mind, and firmly believing that to each of the +leading nations of antiquity a special task had been providentially +assigned, Ewald felt no difficulty about Israel's place in universal +history, or about the problem which that race had been called upon to +solve. The history of Israel, according to him, is simply the history of +the manner in which the one true religion really and truly came into the +possession of mankind. Other nations, indeed, had attempted the highest +problems in religion; but Israel alone, in the providence of God, had +succeeded, for Israel alone had been inspired. Such is the supreme +meaning of that national history which began with the exodus and +culminated (at the same time virtually terminating) in the appearing of +Christ. The historical interval that separated these two events is +treated as naturally dividing itself into three great periods,--those of +Moses, David and Ezra. The periods are externally indicated by the +successive names by which the chosen people were called--Hebrews, +Israelites, Jews. The events prior to the exodus are relegated by Ewald +to a preliminary chapter of primitive history; and the events of the +apostolic and post-apostolic age are treated as a kind of appendix. The +entire construction of the history is based, as has already been said, +on a critical examination and chronological arrangement of the available +documents. So far as the results of criticism are still uncertain with +regard to the age and authorship of any of these, Ewald's conclusions +must of course be regarded as unsatisfactory. But his work remains a +storehouse of learning and is increasingly recognized as a work of rare +genius. + + Of his works the more important are:--_Die Composition der Genesis + kritisch untersucht_ (1823), an acute and able attempt to account for + the use of the two names of God without recourse to the + document-hypothesis; he was not himself, however, permanently + convinced by it; _De metris carminum Arabicorum_ (1825); _Das Hohelied + Salomo's ubersetzt u. erklart_ (1826; 3rd ed., 1866); _Kritische + Grammatik der hebr. Sprache_ (1827)--this afterwards became the + _Ausfuhrliches Lehrbuch der hebr. Sprache_ (8th ed., 1870); and it was + followed by the _Hebr. Sprachlehre fur Anfanger_ (4th ed., 1874); + _Uber einige altere Sanskritmetra_ (1827); _Liber Vakedii de + Mesopotamiae expugnatae historia_ (1827); _Commentarius in Apocalypsin + Johannis_ (1828); _Abhandlungen zur biblischen u. orientalischen + Literatur_ (1832); _Grammatica critica linguae Arabicae_ (1831-1833); + _Die poetischen Bucher des alten Bundes_ (1835-1837, 3rd ed., + 1866-1867); _Die Propheten des alten Bundes_ (1840-1841, 2nd ed., + 1867-1868); _Geschichte des Volkes Israel_ (1843-1859, 3rd ed., + 1864-1868); _Alterthumer Israels_ (1848); _Die drei ersten Evangelien + ubersetzt u. erklart_ (1850); _Uber das athiopische Buch Henoch_ + (1854); _Die Sendschreiben des Apostels Paulus ubersetzt u. erklart_ + (1857); _Die Johanneischen Schriften ubersetzt u. erklart_ + (1861-1862); _Uber das vierte Esrabuch_ (1863); _Sieben Sendschreiben + des neuen Bundes_ (1870); _Das Sendschreiben an die Hebraer u. + Jakobos' Rundschreiben_ (1870); _Die Lehre der Bibel von Gott, oder + Theologie des alten u. neuen Bundes_ (1871-1875). The _Jahrbucher der + biblischen Wissenschaft_ (1849-1865) were edited, and for the most + part written, by him. He was the chief promoter of the _Zeitschrift + fur die Kunde des Morgenlandes_, begun in 1837; and he frequently + contributed on various subjects to the _Gotting. gelehrte Anzeigen_. + He was also the author of many pamphlets of an occasional character. + + The following have been translated into English:--_Hebrew Grammar_, by + John Nicholson (from 2nd German edition) (London 1836); _Introductory + Hebrew Grammar_ (from 3rd German edition) (London, 1870); _History of + Israel_, 5 vols. (corresponding to vols. i.-iv. of the German), by + Russell Martineau and J. Estlin Carpenter (London, 1867-1874); + _Antiquities of Israel_, by H.S. Solly (London, 1876); _Commentary on + the Prophets of the Old Testament_, by J. Frederick Smith (2 vols., + London, 1876-1877); _Isaiah the Prophet_, chaps. i.-xxxiii., by O. + Glover (London, 1869); _Life of Jesus Christ_, also by O. Glover + (London, 1865). + + See the article in Herzog-Hauck; T. Witton Davies, _Heinrich Ewald_ + (1903); and cf. T.K. Cheyne, _Founders of Old Testament Criticism_ + (1893); F. Lichtenberger, _History of German Theology in the + Nineteenth Century_ (1889). + + + + +EWALD, JOHANNES (1743-1781), the greatest lyrical poet of Denmark, was +the son of a melancholy and sickly chaplain at Copenhagen, where he was +born on the 18th of November 1743. At the age of eleven he was sent to +school at Schleswig, his father's birthplace, and returned to the +capital only to enter the university in 1758. His father was by that +time dead, and in his mother, a frivolous and foolish woman, he found +neither sympathy nor moral support. At fifteen he fell passionately in +love with Arense Hulegaard, a girl whose father afterwards married the +poet's mother; and the romantic boy resolved on various modes of making +himself admired by the young lady. He began to learn Abyssinian, for the +purpose of going out as a missionary to Africa, but this scheme was soon +given up, and he persuaded a brother, four years older than himself, to +run away that they might enlist as hussars in the Prussian army. They +managed to reach Hamburg just when the Seven Years' War was commencing +and were allowed to enter a regiment. But the elder brother soon got +tired and ran away, while the poet, after a series of extraordinary +adventures, deserted to the Austrian army, where from being drummer he +rose to being sergeant, and was only not made an officer because he was +a Protestant. In 1760 he was weary of a soldier's life and deserted +again, getting safe back to Denmark. For the next two years he worked +with great diligence at the university, but the Arense for whom he had +gone through so much hardship and taken so much pains married another +man almost immediately after Ewald's final and very successful +examination. The disappointment was one from which he never recovered, +but his own weakness of will was largely to blame for it. He plunged +into dissipation of every kind, and gave his serious thoughts only to +poetry. + +In 1763 his first work, a perfunctory dissertation, _De pyrologia +sacra_, first saw the light. In 1764 he made a considerable success with +a short prose story in the popular manner of Sneedorf, _Lykkens Tempel_ +(The Temple of Fortune), which was translated into German and Icelandic. +On the death of Frederick V., however, Ewald first appeared prominently +as a poet; he published in 1766 three _Elegies_ over the dead king, +which were received with universal acclamation, and of which one, at +least, is a veritable masterpiece. But his dramatic poem _Adam og Eva_ +(Adam and Eve), by far the finest imaginative work produced in Denmark +up to that time, was rejected by the Society of Arts in 1767 and was not +published until 1769. At the latter date, however, its merits were +perceived. In 1770 Ewald attained success with _Philet_, a narrative and +lyrical poem, and still more with his splendid _Rolf Krage_, the first +original Danish tragedy. For the next ten years Ewald was occupied in +producing one brilliant poetical work after another, in rapid +succession. In 1771 he published _De brutale Klappers_ (The Brutal +Clappers), a tragi-comedy or parody satirizing the dispute then raging +between the critics and the manager of the Royal Theatre; in 1772 he +translated from the German the lyrical drama of _Philemon and Baucis_, +and brought out his versified comedy of _Harlequin Patriot_, a satire on +the passion for political scribbling created by Struensee's introduction +of the liberty of the press. In 1773 he published _Pebersvendene_ (Old +Bachelors), a prose comedy. In 1771 he had already collected some of his +lyrical poems under the title of _Adskilligt af Johannes Ewald_ +(Miscellanies). In 1774 appeared the heroic opera of _Balder's Dod_ +(Balder's Death), and in 1779 the finest of his works, the lyrical drama +_Fiskerne_ (The Fishers), which contains the Danish National Song, "King +Christian stood by the high Mast," his most famous lyric. In the two +poems last mentioned, however, Ewald passed beyond contemporary taste, +and these great works, the pride of Danish literature, were coldly +received. But while the new poetry was slowly winning its way into +popular esteem, the poet did not lack admirers, and at the head of these +he founded in 1775 the Danish Literary Society, a body which became +influential, and which made the study of Ewald a cultus. But the poet's +health had broken; when he was writing _Rolf Krage_ he was already an +inmate of the consumptive hospital, and when he seemed to be recovering, +his health was shattered again by a night spent in the frosty streets. +He embittered his existence by the recklessness of his private life, and +finally, through a fall from a horse, he ended by becoming a complete +invalid. His last ten years were full of acute suffering; his mother +treated him with cruelty, his family with neglect, and but few even of +his friends showed any manliness or generosity towards him. In 1774 he +was placed in the house of an inspector of fisheries at Rungsted, where +Anna Hedevig Jacobsen, the daughter of the house, tended the wasted poet +with infinite tenderness and skill. He stayed in this house for three +years, and wrote there some of his finest later lyrics. Meanwhile he had +fallen deeply in love with the charming solace of his sufferings and won +her consent to a marriage. This step, however, was prevented by his +family, who roughly removed him to their own keeping near Kronborg. Here +he was treated so infamously that he insisted on being taken back to +Copenhagen in 1777, where he found an older, but no less tender nurse, +in Ane Kirstine Skou. Here he wrote _Fiskerne_ with his imagination full +of the familiar shore at Hornbaek, near Rungsted. In 1780 he was a +little better, and managed to be present at the theatre at the first +performance of his poem. But this excitement hastened his end, and after +months of extreme agony he died on the 17th of March 1781, and was +carried to the grave by a large assembly of his admirers, since he was +now just recognized by the public for the first time as the greatest +national poet. Among his papers were found fragments of three dramas, +two on old Scandinavian subjects, entitled _Frode_ and _Helgo_, and the +third a tragedy on the story of _Hamlet_, which he meant to treat in a +way wholly distinct from Shakespeare's. + +Ewald belongs to the race of poetical reformers who appeared in all +countries of Europe at the end of the 18th century; but it is +interesting to observe that in point of time he preceded all of them. He +was born six years earlier than Goethe and Alfieri, sixteen years before +Schiller, nine years before Andre Chenier, and twenty-seven years +earlier than Wordsworth, but he did for Denmark what each of these poets +did for his own country. Ewald found Danish literature given over to +tasteless rhetoric, and without art or vigour. He introduced vivacity of +style, freshness and brevity of form, and an imaginative study of nature +which was then unprecedented. But perhaps his greatest claim to notice +is the fact that he was the first person to call the attention of the +Scandinavian peoples to the treasuries of their ancient history and +mythology, and to suggest the use of these in imaginative writing. With +a colouring more distinctly modern than that of Collins and Gray, his +lyrics yet resemble the odes of these his English contemporaries more +closely than those of any continental poet; from another point of view +his ballads remind us of those of Schiller, which they preceded. His +dramas, which had an immense influence on the Danish stage, are now +chiefly of antiquarian interest, with the exception of "The Fishers," a +work that must always live as a great national poem. In personal +character and in fate Ewald seems to have been not unlike Heinrich +Heine. + + The first collected edition of Ewald's works began to appear in his + lifetime. It is in four volumes, 1780-1784. His works have constantly + been reprinted, but the standard edition is that by Liebenberg, in 8 + vols., 1850-1855. The best biographies of him are those by C. Molbech + (1831), Hammerich (1860) and Andreas Dolleris (1900). (E. G.) + + + + +EWART, WILLIAM (1798-1869), English politician, was born in Liverpool on +the 1st of May 1798. He was educated at Eton and Christ Church, Oxford, +gaining the Newdigate prize for English verse. He was called to the bar +at the Middle Temple in 1827, and the next year entered parliament for +the borough of Bletchingley in Surrey. He subsequently sat for Liverpool +from 1830 to 1837, for Wigan in 1839, and for Dumfries Burghs from 1841 +until his retirement from public life in 1868. He died at Broadleas, +near Devizes, on the 23rd of January 1869, Ewart, who was an advanced +liberal in politics, was responsible during his long political career +for many useful measures. In 1834 he carried a bill for the abolition of +hanging in chains, and in 1837 he was successful in getting an act +passed for abolishing capital punishment for cattle-stealing and other +offences. In 1850 he carried a bill for establishing free libraries +supported out of the rates, and in 1864 he was instrumental in getting +an act passed for legalizing the use of the metric system of weights and +measures. He was always a strong advocate for the abolition of capital +punishment, and on his motion in 1864 a select committee was appointed +to consider the subject. Other reforms which he advocated and which have +since been carried out were an annual statement on education, and the +examination of candidates for the civil service and army. + + + + +EWE, a group of Negro peoples of the Slave Coast, West Africa. By the +natives their country is called _Ewe-me_, "Land of the Ewe." The Ewe +family forms five linguistic groups: the Anlo or Anglawa on the Gold +Coast frontier, the Krepi of Anfueh speech, the Jeji, the Dahomeyans and +the Mahi. + + See further Dahomey, and A.B. Ellis, _The Ewe-Speaking Peoples of the + Slave Coast_ ... (London, 1890). + + + + +EWELL, RICHARD STODDERT (1817-1872), American soldier, +lieutenant-general in the Confederate army, was born in Georgetown, now +a part of Washington, D.C., on the 2nd of February 1817, and graduated +at West Point in 1840. As a cavalry officer he saw much active service +in the Mexican War and later in Indian warfare in New Mexico. He +resigned his commission at the outbreak of the Civil War, and entered +the Confederate service. He commanded a brigade in the first Bull Run +campaign, and a division in the famous Valley Campaign of "Stonewall" +Jackson, to whom he was next in rank. At Cross Keys he was in command of +the forces which defeated General Fremont. Ewell's division served with +Jackson in the Seven Days and in the campaign of Second Bull Run. At the +action of Groveton Ewell lost a leg, but did not on that account retire +from active service, though other generals led his men in the sanguinary +battles of Antietam (where they lost 47% of their numbers) and +Fredericksburg. After the death of "Stonewall" Jackson, Ewell was +promoted lieutenant-general and appointed to command the 2nd Corps, with +which he had served from the beginning of the Valley Campaign. His +promotion set aside General J.E.B. Stuart, the temporary commander of +Jackson's corps; that Ewell, crippled as he was, was preferred to the +brilliant cavalry leader was a marked testimony to his sterling +qualities as a soldier. The invasion of Pennsylvania soon followed, +Ewell's corps leading the advance of Lee's army. A federal force was +skilfully cut off and destroyed near Winchester, Va., and Ewell's corps +then raided Maryland and southern Pennsylvania unchecked. At the battle +of Gettysburg, the 2nd Corps decided the fighting of the first day in +favour of the Confederates, driving the enemy before them; on the second +day it fought a desperate action on Lee's left wing. Ewell took part in +the closing operations of 1863 and in all the battles of the Wilderness +and Petersburg campaigns. In the final campaign of 1865 he and the +remnant of his corps were cut off and forced to surrender at Sailor's +Creek, a few days before his chief capitulated to Grant at Appomattox. +After the war General Ewell lived in retirement. He died near Spring +Hill, Maury County, Tennessee, on the 25th of January 1872. + + + + +EWING, ALEXANDER (1814-1873), Scottish divine, was born of an old +Highland family in Aberdeen on the 25th of March 1814. In October 1838 +he was admitted to deacon's orders, and after his return from Italy he +took charge of the episcopal congregation at Forres, and was ordained a +presbyter in the autumn of 1841. In 1846 he was elected first bishop of +the newly restored diocese of Argyll and the Isles, the duties of which +position he discharged till his death on the 22nd of May 1873. In 1851 +he received the degree of D.C.L. from the university of Oxford. Though +hampered by a delicate bodily constitution, he worked in a spirit of +buoyant cheerfulness. By the charm of his personal manner and his +catholic sympathies he gradually attained a prominent position. In +theological discussion he contended for the exercise of a wide +tolerance, and attached little importance to ecclesiastical authority +and organization. His own theological position had close affinity with +that of Thomas Erskine of Linlathen and Frederick Denison Maurice; but +his opinions were the fruit of his own meditation, and were coloured by +his own individuality. The trend of his teaching is only to be gathered +from fragmentary publications--letters to the newspapers, pamphlets, +special sermons, essays contributed to the series of _Present Day +Papers_, of which he was the editor, and a volume of sermons entitled +_Revelation considered as Light_. + + Besides his strictly theological writings, Ewing was the author of the + _Cathedral or Abbey Church of Iona_ (1865), the first part of which + contains drawings and descriptive letterpress of the ruins, and the + second a history of the early Celtic church and the mission of St + Columba. See _Memoir of Alexander Ewing, D.C.L._, by A.J. Ross (1877). + + + + +EWING, JULIANA HORATIA ORR (1841-1885), English writer of books for +children, daughter of the Rev. Alfred Gatty and of Margaret Gatty +(q.v.), was born at Ecclesfield, Yorkshire, in 1841. One of a large +family, she was accustomed to act as nursery story-teller to her +brothers and sisters, and her brother Alfred Scott Gatty provided music +to accompany her plays. She was well educated in classics and modern +languages, and at an early age began to publish verses, being a +contributor to _Aunt Judy's Magazine_, which her mother started in 1866. +_The Land of Lost Toys_ and many other of Juliana's stories appeared in +this magazine. In 1867 she married Major Alexander Ewing, himself an +author, and the composer of the well-known hymn "Jerusalem the Golden." +From this time until her death (13th May 1885), previously to which she +had been a constant invalid, Mrs Ewing produced a number of charming +children's stories. The best of these are: _The Brownies_ (1870), _A +Flat-Iron for a Farthing_ (1873), _Lob-lie-by the Fire_ (1874), _The +Story of a Short Life_ (1885) and _Jackanapes_ (1884), the two +last-named, in particular, obtaining great success; among others may be +mentioned _Mrs Over-the-Way's Remembrances_ (1869), _Six to Sixteen, Jan +of the Windmill_ (1876), _A Great Emergency_ (1877), _We and the World_ +(1881), _Old-Fashioned Fairy Tales, Brothers of Pity_ (1882), _The +Doll's Wash_, _Master Fritz_, _Our Garden_, _A Soldier's Children_, +_Three Little Nest-Birds_, _A Week Spent in a Glass-House_, _A Sweet +Little Dear_, and _Blue-Red_ (1883). Many of these were published by the +S.P.C.K. Simple and unaffected in style, and sound and wholesome in +matter, with quiet touches of humour and bright sketches of scenery and +character, Mrs Ewing's best stories have never been surpassed in the +style of literature to which they belong. + + + + +EWING, THOMAS (1789-1871), American lawyer and statesman, was born near +the present West Liberty, West Virginia, on the 28th of December 1789. +His father, George Ewing, settled at Lancaster, Fairfield county, Ohio, +in 1792. Thomas graduated at Ohio University, Athens, Ohio, in 1815, and +in August 1816 was admitted to the bar at Lancaster, where he won high +rank as an advocate. He was a Whig member of the United States senate in +1831-1837, and as such took a prominent part in the legislative struggle +over the United States Bank, whose rechartering he favoured and which he +resolutely defended against President Jackson's attack, opposing in able +speeches the withdrawal of deposits and Secretary Woodbury's "Specie +Circular" of 1836. In March 1841 he became secretary of the treasury in +President W.H. Harrison's cabinet. When, however, after President +Tyler's accession, the relations between the President and the Whig +Party became strained, he retired (September 1841) and was succeeded by +Walter Forward (1786-1852). Subsequently from March 1849 to July 1850 +he was a member of President Taylor's cabinet as the first secretary of +the newly established department of the interior. He thoroughly +organized the department, and in his able annual report advocated the +construction by government aid of a railroad to the Pacific Coast. In +1850-1851 he filled the unexpired term of Thomas Corwin in the U.S. +Senate, strenuously opposing Clay's compromise measures and advocating +the abolition of slavery in the District of Columbia. He was +subsequently a delegate to the Peace Congress in 1861, and was a loyal +supporter of President Lincoln's war policy. He died at Lancaster, Ohio, +on the 26th of October 1871. + +His daughter was the wife of General William T. Sherman. His son, Hugh +Boyle Ewing (1826-1905), served throughout the Civil War in the Federal +armies, rising from the rank of colonel (1861) to that of +brigadier-general (1862) and brevet major-general (1865), and commanding +brigades at Antietam and Vicksburg and a division at Chickamauga; and +was minister of the United States to the Netherlands in 1866-1870. +Another son, Thomas Ewing (1829-1896), studied at Brown University in +1852-1854 (in 1894, by a special vote, he was placed on the list of +graduates in the class of 1856); he was a lawyer and a free-state +politician in Kansas in 1857-1861, and was the first chief-justice of +the Kansas supreme court (1861-1862). In the Civil War he attained the +rank of brigadier-general (March 1863) and received the brevet of +major-general (1865). He was subsequently a representative in Congress +from Ohio in 1877-1881; and from 1882 to 1896 practised law in New York +City, where he was long one of the recognized leaders of the bar. + + + + +EXAMINATIONS. The term "examination" (i.e. inspecting, weighing and +testing; from Lat. _examen_, the tongue of a balance) is used in the +following article to denote a systematic test of knowledge, and of +either special or general capacity or fitness, carried out under the +authority of some public body. + +1. _History._--The oldest known system of examinations in history is +that used in China for the selection of officers for the public service +(c. 1115 B.C.), and the periodic tests which they undergo after entry +(c. 2200 B.C.). See CHINA; also W.A.P. Martin, _The Lore of Cathay_ +(1901), p. 311 et seq.; T.L. Bullock, "Competitive Examinations in +China" (_Nineteenth Century_, July 1894); and Etienne Zi, _Pratique des +examens litteraires en Chine_ (Shanghai, 1894). The abolition of this +system was announced in 1906, and, as a partial substitute, it was +decided to hold an annual examination in Peking of Chinese graduates +educated abroad (_Times_, 22nd of October 1906). + +The majority of examinations in western countries are derived from the +university examinations of the middle ages. The first universities of +Europe consisted of corporations of teachers and of students analogous +to the trade gilds and merchant gilds of the time. In the trade gilds +there were apprentices, companions, and masters. No one was admitted to +mastership until he had served his apprenticeship (q.v.), nor, as a +rule, until he had shown that he could accomplish a piece of work to the +satisfaction of the gild. + +The object of the universities was to teach; and to the three classes +established by the gild correspond roughly the _scholar_, the _bachelor_ +or pupil-teacher (see Rashdall i. 209, note 2, and 221, note 5), and the +_master_ or _doctor_ (two terms at first equivalent) who, having served +his apprenticeship and passed a definite technical test, had received +permission to teach. The early universities of Europe, being under the +same religious authority and animated by the same philosophy, resembled +each other very closely in curriculum and general organization and +examinations, and by the authority of the emperor, or of the pope in +most cases, the permission to teach granted by one university was valid +in all (_jus ubicunque docendi_). + +The earliest university examinations of which a description is available +are those in civil and in canon law held at Bologna at a period +subsequent to 1219. The student was admitted without examination as +bachelor after from four to six years' study, and after from six to +eight years' study became qualified as a candidate for the doctorate. He +might obtain the doctorate in both branches of law in ten years +(Rashdall i. 221-222). + +The doctoral examination at Bologna in the 13th-14th centuries consisted +of two parts--a private examination which was the real test, and a +public one of a ceremonial character (_conventus_). The candidate first +took an "oath that he had complied with all the statutable conditions, +that he would give no more than the statutable fees or entertainments to +the rector himself, the doctor or his fellow-students, and that he would +obey the rector." He was then presented to the archdeacon of Bologna by +one or more doctors, who were required to have satisfied themselves of +his fitness by private examination. On the morning of the examination, +after attending mass, he was assigned by one of the doctors of the +assembled college two passages (_puncta_) in the civil or canon law, +which he retired to his house to study, possibly with the assistance of +the presenting doctor. Later in the day he gave a lecture on, or +exposition of, the prepared passages, and was examined on them by two of +the doctors appointed by the college. Other doctors might then put +supplementary questions on law arising out of the passages, or might +suggest objections to his answers. The vote of the doctors present was +taken by ballot, and the fate of the candidate was determined by the +majority. The successful candidate, who received the title of +licentiate, was, on payment of a heavy fee and other expenses, permitted +to proceed to the _conventus_ or final public examination. This +consisted in the delivery of a speech and the defence of a thesis on +some point of law, selected by the candidate, against opponents selected +from among the students. The successful candidate received from the +archdeacon the formal "licence to teach" by the authority of the pope in +the name of the Trinity, and was invested with the insignia of office. +At Bologna, though not at Paris, the "permission to teach" soon became +fictitious, only a small number of doctors being allowed to exercise the +right of teaching in that university (Rashdall). + +In the faculty of arts of Paris, towards the end of the 13th century, +the system was already more complicated than at Bologna. The +baccalaureate, licentiateship, and mastership formed three distinct +degrees. For admission to the baccalaureate a preliminary test or +"Responsions" was first required, at which the candidate had to dispute +in grammar or logic with a master. The examiners then inspected the +certificates (_schedulae_) of residence and of having attended lectures +in the prescribed subjects, and examined him in the contents of his +books. The successful candidate was admitted to maintain a thesis +against an opponent, a process called "determination" (see Rashdall i. +443 et seq.), and as bachelor was then permitted to give "cursory" +lectures. After five or six years from the date of beginning his studies +(matriculation) and being twenty years of age (these conditions varied +at different periods), a bachelor was permitted to present himself for +the examination for the licentiateship, which was divided into two +parts. The first part was conducted in private by the chancellor and +four examiners (_temptatores in cameris_), and included an inquiry into +the candidate's residence, attendance at lectures, and performance of +exercises, as well as examination in prescribed books; those candidates +adjudged worthy were admitted to the more important examination before +the faculty, and the names of successful candidates were sent to the +chancellor in batches of eight or more at a time, arranged in order of +merit. (The order of merit at the examination for the licentiateship +existed in Paris till quite recently.) Each successful candidate was +then required to maintain a thesis chosen by himself (_quodlibetica_) in +St Julian's church, and was finally submitted to a purely formal public +examination (_collatio_) at either the episcopal palace or the abbey of +Ste Genevieve, before receiving from the chancellor, in the name of the +Trinity, the licence to incept or begin to teach in the faculty of arts. +After some six months more the licentiate took part "in a peculiarly +solemn disputation known as his 'Vespers,'" then gave his formal +inaugural lecture or disputation before the faculty, and was received +into the faculty as master. This last process was called "inception." + +In discussing the value of medieval examinations of the kind described, +Paulsen (_The German Universities_ (1906), p. 25) asserts that they were +well adapted to increase a student's alertness, his power of +comprehending new ideas, and his ability quickly and surely to +assimilate them to his own, and that "they did more to enable [students] +to grasp a subject than the mute and solitary reviewing and cramming of +our modern examinations can possibly do." At their best they fulfilled +precisely the technical purpose for which they were intended; they fully +tested the capacity of the candidate to teach the subjects which he was +required to teach in accordance with the methods which he was required +to use. The limitations of the test were the limitations of the +educational and philosophic ideals of the time, in which a dogmatic +basis was presupposed to all knowledge and criticism was limited to the +superstructure. At their worst, even with venal examiners (and +additional fees were often offered as a bribe), Rashdall regards these +examinations (at the end of the 13th century) as probably "less of a +farce than the pass examinations of Oxford and Cambridge almost within +the memory of persons now living." It is, however, to be pointed out +that the standard in Paris and elsewhere at a later date became +scandalously low in some cases. In some universities the sons of nobles +were regularly excused certain examinations. At Cambridge in 1774 Fellow +Commoners were examined with such precipitation to fulfil the formal +requirements of the statutes that the ceremony was termed "huddling for +a degree" (Jebb, _Remarks upon the Present Mode of Education in the +University of Cambridge_, 4th ed., 1774, p. 32). The last privileges of +this kind were abolished at Cambridge by a grace passed on the 20th of +March 1884. + +In the medieval examinations described above we find most of the +elements of our present examinations: certificates of previous study and +good conduct, preparation of set-books, questioning on subjects not +specially prepared, division of examinations into various parts, +classification in order of merit, payment of fees, the presentation of a +dissertation, and the defence and publication of a thesis (a term of +which the meaning has now become extended). + +The requirement to write answers to questions written or dictated, to +satisfy a practical test (other than in teaching), and a clinical test +in medicine, appear to be of later date.[1] The medieval candidate for +the doctorate in medicine, although required to have attended practice +before presenting himself, discussed as his thesis a purely theoretical +question, often semi-theological in character, of which as an extreme +example may be quoted "whether Adam had a navel." + +The competitive system was developed considerably at Louvain, and in the +15th century the candidates for the mastership of arts were divided into +three classes (_rigorosi_, honour-men; _transibiles_, pass-men; +_gratiosi_, charity-passes), while a fourth, which was not published, +contained the names of those who failed. In the 17th century the first +class comprised the names of twelve, and the second, of twenty-four, +candidates, who were divided on the report of their teachers into +classes before the examination, and finally arranged in order of merit +by the examiners (Vernulaeus, quoted by Sir W. Hamilton, _Discussions_, +1852; p. 647; Rashdall, loc. cit. ii. 262). At the Cambridge tripos (as +described by Jebb in 1774, _Remarks_, &c., pp. 20-31) the first +twenty-four candidates were also selected by a preliminary test; they +were then divided further into "wranglers" (the disputants, _par +excellence_) and _Senior Optimes_, the next twelve on the list being +called the _Junior Optimes_. These names have in the mathematics tripos +survived the procedure. (The name _Tripos_ is derived from the +three-legged stool on which "an old bachilour," selected for the +purpose, sat during his disputation with the senior bachelor of the +year, who was required to propound two questions to him.) + +The subjects in which the medieval universities examined were (i.) those +of the trivium and quadrivium in the faculty of arts; (ii.) theology; +(iii.) medicine; and (iv.) civil and canon law. The number of subjects +in which examinations are held has since grown immensely. We can only +sketch in outline the transformations of certain typical university +systems of examinations. + +At Oxford there is no record of a process of formal examination on books +similar to that of Paris (Rashdall, ii. 442 et seq.), disputations being +apparently the only test applied in its early history. Examinations were +definitely introduced for the B.A. and M.A. degrees by Laud in 1636-1638 +(Brodrick, _History of Oxford_, p. 114), but the standard prescribed was +so much beyond the actual requirements of later times that it may be +doubted if it was enforced. The studies fell in the 18th century into an +"abject state," from which they were first raised by a statute passed in +1800 (_Report of Oxford University Commission of 1850-1852_, p. 60 et +seq.), under which distinctions were first allotted to the ablest +candidates for the bachelor's degree. Further changes were made in 1807 +and 1825; and in 1830 a distinction was made between honours +examinations of a more difficult character, at which successful +candidates were divided into four classes, and pass examinations of an +easier character. By the statutes of 1849 and 1858 an intermediate +"Moderations" examination was instituted between the preliminary +examination called "Responsions" and the final examination. Since 1850, +although fresh subjects of examination have been introduced, no +considerable change of system has been made. + +The bachelor's degree at Oxford tended from an early period to be +postponed to an advanced stage of studies, while the requirements for +the master's degree diminished until, in 1807, the examination for the +M.A. was abolished. It is now awarded to bachelors of three years' +standing on payment of a fee. + +Cambridge in early times followed the example of Oxford, and here also +the bachelor's degree became more and more important (Bass Mullinger, +_History of the University of Cambridge from 1535_..., p. 414), and the +M.A. has been finally reduced to a mere formality, awarded on terms +similar to those of the sister university. The standard of examinations +was raised in Cambridge at an earlier date than at Oxford, and in the +18th century the tripos "established the reputation of Cambridge as a +School of Mathematical Science." The school, however, produced few, if +any, great mathematicians between Newton and George Green. It was only +between 1830 and 1840 that the standard of the tripos became a high one. +At Cambridge there is no intermediate examination between the "Previous +Examination" (commonly called "Little-go"), which corresponds to Oxford +"Responsions" or "Smalls" and the triposes and examinations for the +"Poll" degree, which correspond to the Oxford final honours and pass +examinations respectively. But most of the triposes have been divided +into two parts, of which the second is not obligatory in order to obtain +a degree. The "senior wrangler" was the first candidate in order of +merit in the first part of the mathematical tripos. The abolition of +order of merit at this examination was decided on in 1906, and names of +candidates appeared in this order for the last time in 1909. + +At the Scottish universities the B.A. degree has become extinct, and the +M.A., awarded on the results of examination, is the first degree in the +faculty of arts. + +The incorporation of the university of London in 1836 marks an era in +the history of examinations; the teaching and examining functions of a +university were dissociated for the first time. Until 1858 the London +examinations were open only to students in affiliated colleges, and the +teachers had no share in the appointment of the examiners or in +determining the curricula for examinations; in 1858 the examinations +were thrown open to all comers, and no requirements were insisted on +with regard to courses of study except for degrees in the faculty of +medicine. The sole function of the university was to examine, and its +examinations for matriculation and for degrees in arts and science were +carried on by means of written papers not only in London but in many +centres in the United Kingdom and the colonies. From the first the +degrees were (unlike those of Oxford and Cambridge until 1871) open to +all male persons without religious distinctions; and in 1878 they were +opened to women. (Tripos examinations were thrown open to women at +Cambridge by the grace of 24th Feb. 1881, and at Oxford women were +admitted to examinations for honours by statute of 29th April 1884. +Proposals to admit women to university degrees were rejected by Oxford +and Cambridge in 1896 and 1897 respectively.) + +The standard of difficulty set by the university of London was a high +one, very much higher for its pass degrees than the corresponding +standards at Oxford and Cambridge, while the standard for honours was +equally high. In medicine the examinations were made both wider in range +and more searching than those of any other examining body. But, for +reasons dealt with below, great discontent was roused by the new system. +In 1880 the Victoria University, Manchester, was established, in which +teaching and examining were again united; and in the universities since +established, with the exception of the Royal University of Ireland +(which was created in 1880 as an examining body on the model of London, +but which was dissolved under the Irish Universities Act 1908, and +replaced by the National University of Ireland and the Queen's +University of Belfast), the precedent of Victoria has been followed. By +an act passed in 1898, of which the provisions came into force in 1900, +the university of London was reconstituted as a teaching university, +although provision was made for the continuance of the system of +examinations by "external examiners" for "external students," together +with "internal examinations" for "internal students," in which the +teachers and the external examiners of the university are associated. +The examinations in music and the final examinations in law and medicine +are carried on [1910] both for "internal" and "external" students by +"external" examiners only, who are, however, appointed on the +recommendation of boards of studies consisting mainly of London +teachers. + +At the university of Dublin, examinations have been maintained both for +the B.A. and M.A. degrees, and students may be admitted to the +examinations in subjects other than divinity, law, medicine, and +engineering without attendance at university courses. + +The examinations of the newer universities, the Victoria University of +Manchester, Birmingham, Liverpool, Leeds, Sheffield and Wales, are open +only to students at these universities, and are conducted by the +teachers in association with one or more external examiners for each +subject. In some universities, e.g. Manchester, the M.A. degree is given +after examination to students who have taken a pass, and without +examination to those who have taken an honours degree. + +The universities which have departed furthest from the medieval system +of examinations, at any rate in appearance, are those of Germany. The +baccalaureate has disappeared, but students cannot be matriculated +without having passed the _Abiturienten-examen_ (see below), probably +the most severe of all entrance examinations (foreign students may be +exempted under certain conditions). The student desiring to proceed to +the doctorate is free from examinations thereafter until he presents his +thesis for the doctor's degree,[2] when, if it is accepted, he is +submitted to a public oral examination not only in his principal subject +(_Hauptfach_), but also as a rule in two or more collateral subjects +(_Nebenfacher_). The doctor's degree does not give the right to teach in +a faculty (_venia legendi_). To acquire this a doctor must present a +further thesis (_Habilitationsschrift_), and must deliver two lectures, +one before the faculty, followed by a discussion (_colloquium_), the +other in public; but these lectures "seem to be merely secondary and are +tending to become so more and more"; "scientific productiveness is so +sharply emphasized among the conditions for admission that it +overshadows all the rest" (Paulsen, loc. cit. p. 165). + +In France the examination for the baccalaureate, though conducted in +part by university examiners, has become a school-leaving examination +(see below). The licentiateship has been preserved in the faculties of +arts, science and laws, and is in point of difficulty about equal to the +pass degree examinations of the university of London, though differing +in the nature of the tests. In the faculty of sciences, the three +subjects of examination selected may, under a recent regulation, be +taken separately. Until a few years ago the successful candidates at the +licentiateship were arranged in order of merit. For the doctorate in the +faculty of letters two theses must be submitted, of which the subject +and plan must be approved by the faculty (until recently one of them was +required to be written in Latin). Permission to print the theses is +given by the rector or vice-rector after report from one or more +professors, and they are then discussed publicly by the faculty and the +candidate (_soutenance de these_). In this public discussion the +"disputation" of the middle ages survives in its least changed form. The +literary theses required by French universities are, as a rule, volumes +of several hundred pages, and more important in character even than the +German _Habilitationsschrift_. The possession of the doctorate is a +_sine qua non_ for eligibility to a university chair, and to a +lectureship in the university of Paris. + +In the faculty of sciences a candidate for the doctorate may submit two +theses, or else submit one thesis and undergo an oral examination. + +For the doctorate in law, a thesis and two oral examinations are +required. + +In the faculty of medicine there is no licentiateship, but for the +doctorate six examinations must be passed and a thesis submitted. + +There is also a special doctorate, the "_doctorat d'Universite_," +awarded on a thesis and an oral examination; and there are diplomas +(_Diplomes d'Etudes superieures_) awarded on dissertations and +examinations on subjects in philosophy, history and geography, classics +or modern languages, selected mainly by the candidate and approved by +the faculty. + +2. _Professional Examinations._ (a) _Teaching._--University examinations +for degrees having ceased to be used as technical tests of teaching +capacity, new examinations have been devised for this purpose. The test +for German university teachers has been described above. For secondary +teachers, W. von Humboldt instituted a special examination in 1810 +(Paulsen, _Gesch. des gelehrten Unterrichts_, ii. pp. 283 and 393), and +an examination for primary teachers was instituted in Prussia in 1794. + +In France there is a competitive examination for secondary teachers, the +_agregation_, originally established in 1766. _Agreges_ have a right to +state employment and they alone can occupy the highest teaching post +(_chaire de professeur_) in a state secondary school, other posts being +open to licentiates. There are also examinations for primary teachers. +The tests for teachers are different for the two sexes. + +In England there is no obligatory test for secondary teachers. The +universities and the College of Preceptors conduct examinations for +teaching diplomas. The Board of Education holds special examinations +(Preliminary Certificate examination and Certificate examination, &c.) +for primary teachers. + +(b) _Medicine._--See MEDICAL EDUCATION. + +(c) _Other Professions._--A system of professional examinations carried +on by professional bodies, in some cases with legal sanction, was +developed in England during the 19th century. Those in the following +subjects are the most important: Accountancy (Institute of Chartered +Accountants and Society of Accountants and Auditors), actuarial work +(Institute of Actuaries), music (Royal Academy of Music, Royal College +of Music, Trinity College of Music, Royal College of Organists, and the +Incorporated Society of Musicians), pharmacy (Pharmaceutical Society), +plumbing (the Plumbers' Company), surveying (Surveyors' Institution), +veterinary medicine (Royal College of Veterinary Surgeons), technical +subjects, e.g. cotton-spinning, dyeing, motor-manufacture (City & Guilds +of London Institute), architecture (Royal Institute of British +Architects), commercial subjects, shorthand (the Society of Arts and +London Chamber of Commerce), engineering (Institutions of Civil +Engineers, of Mechanical Engineers, and of Electrical Engineers). + +3. _School-leaving Examinations._--The faculty of arts in medieval +universities covered secondary as well as higher education in the +subjects concerned. The division in arts subjects between secondary and +university education has been drawn at different levels in different +countries. Thus the first two years of the arts curriculum in English +and American universities correspond, roughly speaking, to the last two +years spent in a secondary school of Germany or France, and the +continental "school-leaving examinations" correspond to the intermediate +examinations of the newer English universities and to the pass +examinations for the degree at Oxford and Cambridge (Mark Pattison, +_Suggestions on Academical Organization_, 1868, p. 238, and Matthew +Arnold, _Higher Schools and Universities in Germany_, 1892, p. 209). + +A tabular summary is given (see Tables I., II., III., IV.) of the +requirements of the secondary school-leaving examinations of France, +Prussia (for the nine-year secondary schools) and Scotland, and of the +university of London. + +There are in England a number of school examinations which, under +prescribed conditions, also serve as school-leaving examinations, and +give entrance to certain universities, especially the Oxford and +Cambridge local examinations (both established in 1858), and the +examinations of the Oxford and Cambridge "Joint Board." A movement to +reduce the number of entrance examinations and to secure uniformity in +their standard was set on foot in 1901. In that year the General Medical +Council communicated to the Board of Education a memorial on the subject +from the Headmasters' Conference. The memorial was further communicated +to various professional bodies concerned. Conferences were held by the +consultative committee of the Board of Education in 1903, with +representatives of the universities, the Headmasters' Conference, the +Association of Head-Masters, the Association of Head-Mistresses, the +College of Preceptors, the Private Schools' Association, and with +representatives of professional bodies. The committee were of opinion +that a central board, consisting of representatives of the Board of +Education and the different examining bodies, should be established, to +co-ordinate and control the standards of the examinations, and to secure +interchangeability of certificates, &c., as soon as a sufficient number +of such bodies signified their willingness to be represented on the +board. They recommended that the examination should be conducted by +external and internal examiners, representing in each case the examining +body and the school staff respectively, and that reports on the school +work of candidates should be available for reference by the examiners +(circular of the Board of Education of 12th of July 1904). + +The "accrediting" system in the United States was started by the +university of Michigan in 1871. A school desiring to be accredited is +submitted to inspection without previous notice. If the inspection is +satisfactory, the school is accredited by a university for from one to +three years, and upon the favourable report of its principal any of its +students are admitted to the university by which it has been accredited +without any entrance examination. In practice it is found that many +students whom their teachers refuse to certify are able to pass the +university entrance examination. The statistics of nine years show that +the standard of the certified students is higher than that of +non-certified students. Two hundred and fifty schools are accredited by +the university of Michigan. In 1904 it was stated that the system was +gaining favour in the east,[3] and that it had been adopted more or less +by all the eastern colleges and universities with the exception of +Harvard, Yale, Princeton and Columbia. + +4. _Methods of Examination._--Examinations may test (i.) knowledge, or, +more exactly, the power of restating facts and arguments of a kind that +may be learnt by rote; (ii.) the power of doing something, e.g. of +making a _precis_ of a written document, of writing a letter or a report +on a particular subject with a particular object in view, of translating +from or into a foreign language, of solving a mathematical problem, of +criticizing a passage from a literary work, of writing an essay on an +historical or literary subject with the aid of books in a library, of +diagnosing the malady of a patient, of analysing a chemical mixture or +compound; and (the highest form under the rubric) of making an original +contribution to learning or science as the result of personal +investigation or experiment. Examinations are carried out at present by +means of (1) written papers; (2) oral examinations; (3) practical, +including in medicine clinical, tests; (4) theses; or a combination of +these. + + + Written. + +In written examinations the candidates are, as a rule, supplied with a +number of printed questions, of which they must answer all, or a certain +proportion, within a given time, varying, as a rule, from 1-1/2 to 3 +hours, the latter being the duration most generally adopted for higher +examinations in England. Whereas in France and Germany the questions are +generally few in number and require long answers, showing constructive +skill and mastery of the mother-tongue on the part of the candidates, +such "essay-papers" are comparatively rare in England. In many subjects, +the written examinations test memory rather than capacity. It has been +suggested that sets of questions to be answered in writing should as a +rule be divided into two parts: (i.) a number of questions requiring +short answers and intended to test the range of the candidate's +knowledge; (ii.) questions requiring long answers, intended to test its +depth, and the candidate's powers of co-ordination and reflection. A +necessary condition for the application of the second kind of test is +that time should be given for reflection and for rewriting, say +one-third or one-quarter of the whole time allowed. A further +distinction is important, especially in such subjects as mathematics or +foreign languages, in which it is legitimate to ask what precise power +on the part of a candidate the passing of an examination shall signify. +Owing to a prevailing confusion between tests of memory and tests of +capacity, the allowance for chance fairly applied to the former is apt +to be unduly extended to the latter. In applying tests of memory, it may +be legitimate to allow a candidate to pass who answers correctly from 30 +to 50% of the questions; such an allowance if applied to a test of +capacity, such as the performance of a sum in addition, the solution of +triangles by means of trigonometrical tables, or the translation of an +easy passage from a foreign language, appears to be irrational. A +candidate who obtains only 50% of the marks in performing such +operations cannot be regarded as being able to perform them; and, if the +examination is to be treated as a test of his capacity to perform them, +he should be rejected unless he obtains full marks, less a certain +allowance (say 10, or at most 20%) in view of the more or less +artificial conditions inherent in all examinations. + + + Oral. + +The oral examination is better suited than the written to discover the +range of a candidate's knowledge; it also serves as a test of his powers +of expression in his mother-tongue, or in a foreign language, and may be +used (as in the examination for entrance to the Osborne Naval College) +to test the important qualities (hardly tested in any other examinations +at present), readiness of wit, common-sense and nerve. It may be +objected that candidates are heavily handicapped by nervousness in oral +examinations, but this objection does not afford sufficient ground for +rejecting the test, provided that it is supplemented by others. Oral +tests are used almost invariably in medical examinations; and there is a +growing tendency to make them compulsory in dealing with modern +languages. Oral examinations are much more used abroad than in England, +where the pupils during their school years receive but little exercise +in the art of consecutive speaking. + + +TABLE I.--PRUSSIA: ABITURIENTEN EXAMEN + + I. Name of Examination. + + _Abiturienten Examen_ (established in 1788). + + II. Minimum Age for Entry. + + Age only limited by condition of length of school course. The usual + age is 17-18. + + III. Length of Course of Study. + + 9 years. + + Candidates who have not attended the 9 years' school course may be + admitted to the examination on special application. + + IV. Subjects. + + In _Gymnasium_. + + Written. Oral. + German essay. Latin. + Mathematics. Greek. + Translation into Latin. English or French. + Translation from Greek into Religion. + German. History. + Mathematics. + + In _Real-Gymnasium_. + + Written. Oral. + German essay. Latin. + Mathematics. English. + Translation from Latin. French. + Translation from German into Physics or Chemistry. + or essay in English or Religion. + French. History. + Physics. Mathematics. + + In _Ober-Realschule_. + + Written. Oral. + German essay. English. + Mathematics. French. + An exercise in French and in Physics. + English (an essay in one Chemistry. + language and a translation Religion. + from the other into German). History. + Physics or Chemistry. Mathematics. + + V. Co-ordination with Teaching. + + The object of the examination is defined as being a test of whether + the candidate has fulfilled the aims laid down in the curricula, + &c., prescribed for a _Gymnasium_, _Real-gymnasium_, or + _Ober-realschule_, as the case may be, and the subjects of + examination are those prescribed in the curricula for the kind of + school concerned. + + The report on the school work of each candidate in his various + subjects is laid before the Examining Board before the beginning of + the examination. + + VI. Examiners. + + The Examining Board consists of a government inspector (_der + Konigliche Kommissar_) acting as chairman, the headmaster of the + school, and the teachers of the highest classes in the school. The + inspector may nominate a deputy, who is as a rule, the headmaster of + the school. + + Each teacher concerned selects for the written examination three + alternative subjects in his branch, from which, after receiving a + report thereon from the headmaster, the inspector makes a final + choice. + + The papers are marked by the teachers concerned and circulated the + the whole Board of Examiners, who then decide whether individual + candidates shall be (i.) rejected, (ii.) admitted with (ii.) + admitted with oral examination, or (iii.) submitted to the oral + examination. + + VII. Nature of Examination and General Remarks. + + The written examination extends over four or five days. Only one + paper is given each day, for which 3 to 5-1/2 hours are allowed + (5-1/2 hours for the German essay). For essays in foreign languages + dictionaries may be used. + + +TABLE II.--FRANCE: BACCALAUREAT + + I. Name of Examination. + + _Baccalaureat de l'enseignement secondaire._ + + This examination has been carried on under different forms since + 1808. The regulations summarized here date from 1902, when the + _baccalaureat_ described replaced the _baccalaureat-es-lettres, + baccalaureat-es-sciences_, and _baccalaureat de l'enseignement + moderne._ + + II. Minimum Age for Entry. + + Part I., 16, or, with special permission, 15. + + Part II. may not be taken within an academic year after passing Part + I. + + III. Length of Course of Study. + + There is no requirement of attendance. Part I. of the examination + corresponds exactly to the subjects taken in the "second cycle" of + secondary education, and Part II. to the _classe de philosophie_ and + _classe de mathematiques._ + + See also under V. + + IV. Subjects. + + Part I. is divided into four Branches, viz.:-- + + (1) Latin-Greek. + (2) Latin-modern languages. + (3) Latin-science. + (4) Science-modern languages. + + In each Branch the examination is divided into two parts, viz., + written and oral. The nature of the examination may be indicated by + the following requirements in Branch (1):-- + + Written + (i.) French composition. + (ii.) Translation from Latin. + (iii.) Translation from Greek. + + Oral + (i.) Explanation of a Greek text. + (ii.) Explanation of a Latin text. + (iii.) Explanation of a French text. + (iv.) Text in a modern foreign language. + (v.) Interrogation on ancient history. + (vi.) Interrogation on modern history. + (vii.) Interrogation on geography. + (viii.) Interrogation on mathematics. + (ix.) Interrogation on physics. + + Part II. is divided into two Branches, viz.:-- + + (1) Philosophy. + (2) Mathematics. + + The nature of the examination may be indicated by the following + requirements in Branch (I):-- + + Written + (i.) An essay in French on a philosophical subject. + (ii.) An examination in physical and natural science. + + Oral + (i.) Interrogation on philosophy and philosophical writers. + (ii.) Interrogation on contemporary history. + (iii.) Interrogation on physical science. + (iv.) Interrogation on natural science. + + V. Co-ordination with Teaching. + + The syllabus of the examination is that prescribed for the higher + classes in the Government secondary schools. + + The candidate may submit his _livret scolaire_, or school record, + which will be taken into account. + + VI. Examiners. + + The Board of Examiners (or "jury") consists of (i.) University + examiners being members of a faculty of letters or faculty of + sciences; (ii.) secondary teachers, active or retired, selected by + the minister of public instruction. The Board consists of from four + to six examiners, of whom, when the number is even, half are chosen + from either category. + + VII. Nature of Examination and General Remarks. + + The written portion of Part I. extends over from 9 to 10 hours in + all (not on a single day), in periods of 3 or 4 hours each; the + written portion of Part II. extends over from 6 to 9 hours. The oral + examination for each part lasts 3/4 hour on the average, and is + public. + + +TABLE III.--SCOTLAND: SCHOOL-LEAVING EXAMINATION + + I. Name of Examination. + + Scottish school-leaving examination (established 1888). (See + pamphlet on the "Leaving Certificate Examination" issued by the + Scottish Education Department, 1908.) + + II. Minimum Age for Entry. + + 17 on 1st of January following the year in which the candidate + passes the last of the written examinations. + + III. Length of Course of Study. + + 4 years. + + IV. Subjects. + + Candidates must pass in four subjects on the higher grade standard, + or in three subjects on the higher grade standard and two on the + lower. A pass in drawing is accepted in lieu of one of the two lower + grade passes. A pass in Gaelic is reckoned as a pass on lower grade. + All candidates must have passed in higher English and in either + higher or lower grade mathematics. The remaining subjects may be + either science with one or more languages (Latin Greek, French, + German, Spanish, or Italian), or languages only. But where two or + more languages other than English are taken, the candidate's group + must include either higher or lower grade Latin. A pass in Spanish, + Italian, or science (in which subjects there is only one + examination) is reckoned as a pass on the higher grade standard. + + V. Co-ordination with Teaching. + + Schools are inspected, and the course of instruction must be + approved by the Scottish Education Department, but the examinations + are conducted by external examiners with whom teachers are not + associated. + + VI. Examiners. + + The examiners are appointed by the Scottish Education Department. + + VII. Nature of Examination and General Remarks. + + The examination consists of a written examination and an oral + examination, on which stress is laid. The length of the examination + varies with the subjects selected. The periods of examination vary + from 1 to 2-1/2 hours. If the candidate selects on the higher grade, + English, Latin, mathematics, and French, the examination extends + over 19-1/2 hours. + + +TABLE IV.--UNIVERSITY OF LONDON SCHOOL EXAMINATION, MATRICULATION STANDARD + + I. Name of Examination. + + School examination, matriculation standard (established in 1902). + + _Note_--A higher school-leaving certificate is awarded to pupils who + (i.) have pursued an approved course of study for a period of years + at a school or schools under inspection approved by the University; + and (ii.) being matriculated students, have passed the "higher + school examination" in at least three subjects at one and the same + examination. + + II. Minimum Age For Entry. + + The minimum age of entry is 15, but if the candidate is under 16 he + must remain at school until he is 16 years of age in order to be + qualified for the school-leaving certificate, and cannot be + registered as a student of the University until he has reached that + age. + + III. Length of Course of Study. + + The curriculum of each school is considered on its own merits. + + IV. Subjects. + + Pupils must satisfy the examiners in not less than five subjects, as + follows:-- + + (1) English. + + (2) Elementary mathematics. + + (3) Latin, or elementary mechanics, or elementary physics--heat, + light and sound, or elementary chemistry, or elementary botany, or + general elementary science. + + (4) and (5) Two of the following subjects, neither of which has + already been taken under section (3). If Latin be not taken, one of + the other subjects selected must be another language, either ancient + or modern, from the list, and languages other than those included in + the list may be taken if approved by the University, provided that + the language is included in the regular curriculum:--Latin, Greek, + French, German, ancient history, modern history, history and + geography, physical and general geography, logic, geometrical and + mechanical drawing, mathematics (more advanced), elementary + mechanics, elementary chemistry, elementary physics--heat, light and + sound, elementary physics--electricity and magnetism, elementary + biology--botany, elementary biology--zoology, general elementary + science (chemistry and physics). + + V. Co-ordination with Teaching. + + Schools under approved inspection, and course of instruction + approved by the University. + + The papers are ordinarily set on the matriculation syllabus, but + papers may be specially set more closely in accordance with the + school curriculum provided that the syllabus proposed is approved by + the University as at least equivalent to that for which it is + substituted. + + VI. Examiners. + + The examiners are ordinarily those appointed by the University for + the ordinary matriculation examination. + + VII. Nature of Examination and General Remarks. + + The examination extends over at least 18 hours, and includes an oral + examination in modern languages. + + + Practical. + +The laboratory examination may be used in subjects like physics, +chemistry, geology, zoology, botany, anatomy, physiology, to test powers +of manipulation and knowledge of experimental methods. In some cases +(e.g. in certain honours examinations) the examination may be prolonged +over one or more days, and may test higher powers of investigation. But +such powers can only be fully tested by the performance of original +work, under conditions difficult to fulfil in the examination room or +laboratory. At the French examinations for the _prix de Rome_ the +candidates are required to execute a painting in a given number of days, +under strict supervision (_en loge_). + +In medicine the clinical examination of a patient is a test carried out +under conditions more nearly approaching those of actual work than any +other; and distinction in medical examinations is probably more often +followed by distinction in after life than is the case in other +examinations. + + + Thesis. + +For the doctor's degree (where this is not an honorary distinction) a +thesis or dissertation is generally, though not invariably, required in +England. Of recent years the thesis has been introduced into lower +examinations; it is required for the master's degree at London in the +case of internal students, in subjects other than mathematics (1910); +both at Oxford and London, the B.Sc. degree, and at Cambridge the B.A. +degree, may be given for research, although the number of students +proceeding to a degree in this way is at present relatively small. In +certain of the honours B.A. and B.Sc. examinations at Manchester and +Liverpool, candidates may take the written portion of the examination at +the end of the second year's course of study and submit a dissertation +at the end of the third year. Theses are generally examined by two or +more specialists. + +5. _Competitive Examinations._--The arrangement of students in order of +merit led naturally to the use of examinations not only as a qualifying +but also as a selective test, and to the offering of money prizes +(including exhibitions, scholarships and fellowships) on the results. In +1854 selection by examination as a method of appointment to posts in the +English public service was first substituted for the patronage system, +which had caused grave dissatisfaction (see Macaulay's speech on the +subject, _The Times_ of the 25th of June 1853). The first public +competitive examination for the Royal Military Academy, Woolwich, took +place in 1855, and in 1870 the principle of open competition for the +civil service was adopted as a general rule. (For further details see +CIVIL SERVICE.) + +In the Wurttemberg civil service candidates are admitted to a year's +probation after passing a theoretical examination, at the conclusion of +which they must pass an examination of a more practical character (A. +Herbert, _Sacrifice of Education_ ..., 1889, p. 111). + +In the award of scholarships, &c., it should be definitely decided +whether the scholarship is to be awarded (1) for attainment, in which +case the examination-test pure and simple may suffice, or (2) for +promise, in which case personal information and a _curriculum vitae_ are +necessary. To take a simple instance: a candidate partly educated in +Germany may obtain more marks in German at a scholarship examination +than another who is more gifted, but whose opportunities have been less; +the question at once arises, are the examiners to take the circumstances +of the candidate into account or not? It is understood that at the +colleges of the older universities such circumstances are considered. It +must again be decided whether the financial circumstances of candidates +are to be taken into account; are scholarships intended as prizes, or as +a means of enabling poor students to obtain a university education? In +some cases wealthy students have been known to return the emoluments of +scholarships. In many universities of the United States there is a +definite understanding that emoluments shall only be accepted by those +needing them. It would not be difficult to ask candidates to make a +confidential declaration on this subject on entrance and to establish in +Great Britain a tradition similar to that of the United States, and +steps in this direction have been taken both at Oxford and Cambridge +(Lord Curzon of Kedleston, _University Reform_, p. 86). + +A special allowance may be made for age. In certain scholarship +examinations held formerly by the London County Council a percentage was +added to the marks of each candidate proportionate to the number of +months by which his age fell short of the maximum age for entry. The +whole subject of entrance scholarships at English schools and +universities, and especially their tendency to produce premature +specialization, has recently been much discussed. + +6. _The Organization and Conduct of Examinations._--The organization and +conduct of examinations, in such a way that each candidate shall be +treated in precisely the same way as every other candidate, is a complex +matter, especially where several thousand candidates are concerned. The +greatest precautions must be taken to ensure the secrecy of the +examination papers before the examination, and the effective isolation +of individual candidates during the examination. The supervision should +be adequate to remove all temptation to copying. The hygienic conditions +should be such as to reduce the strain to a minimum. The question of the +mental fatigue produced by examinations has been studied by certain +German observers, but has not yet been fully investigated. + +7. _Marking, Classification and Errors of Detail._--In applying a single +test in a qualifying examination it would be sufficient to mark +candidates as passing or failing. But examinations consist as a rule of +a number of tests, each one of which is complex; and a mark is recorded +in respect of each test or portion of a test in order to enable the +examining body to estimate the performance, considered as a whole, of +the candidate. At Oxford the marks are not numerical, but the papers are +judged as of this or that supposed "class," and various degrees of merit +are indicated by the symbols [alpha], [beta], [gamma], [delta], to which +the signs + or -may be prefixed, according as they are above or below a +certain standard within each class. At Cambridge, numerical marks are +used. The advantage of numerical marks is that they are more easily +manipulated than symbols; the disadvantage, that they produce the false +impression that merit can be estimated with mathematical accuracy. +Professor F.Y. Edgeworth, in two papers on "The Statistics of +Examinations" and the "Element of Chance in Competitive Examinations" +(_Journal of the Royal Statistical Society_, 1888 and 1890), has dealt +with the subject, although on somewhat limited lines. His +investigations show clearly that with candidates near the border-line of +failure, which must necessarily be fixed at a given point (subject to +certain allowances, where more than one subject is considered), the +element of chance necessarily enters largely into the question of pass +and failure. The fact may be stated in this way:--the general efficiency +of the test being granted, it is true to say that the large majority of +those who pass an examination will be superior in efficiency to those +who fail; but a few of those who fail may be superior to a few of those +who pass. These errors are not peculiar to the examination system, they +are inherent in all human judgments. It is necessary to allow for them +in considering the failure of an individual candidate as an index of +inefficiency. + +The element of chance, which prevails in the region on either side of +the border between pass and failure, obviously prevails equally on +either side of the border between "classes," where candidates are +classified; it has been suggested by Dr Schuster that numerical order +should accompany classification so as to avoid the creation of an +artificial gap between the last candidate in one class and the highest +in the next. Edgeworth's objection to such an argument is that the +number of uncertainties is far less when candidates are classed than +when they are placed in ostensible order of merit. + +The difficulties of comparison of marks are further complicated when +students take different subjects and it is necessary to compare their +merit by means of marks allotted by different examiners and added +together. In a pass examination the question has to be considered how +far, if at all, excellence in one subject shall compensate for +deficiency in another, a question which is indeterminate until the +precise object of the whole examination is formulated. In the +competitive examination for the Indian civil service, places are +allotted on the aggregate of marks obtained in a number of subjects +selected by the candidate from a list of thirty-two. The successful +candidates are compared a year later on the results of another +examination in which there is again a choice, though a much more limited +one. The order of merit in the two examinations is, as a rule, very +different. + +Two further points may be noted. An examiner may have underestimated the +time required to answer the questions which he has set; this will be +obvious if with a large number of candidates (say 300 or 400) none +approaches the maximum mark. In this case the maximum should be reduced. +Again, it is generally recognized to be undesirable to give marks for a +smattering. In order to avoid this various devices are adopted. The +simplest is to award a proportion of marks (say 10 to 15, or even 20%) +for "general impression." In some examinations, unless say 20% or more +marks are obtained for a particular subject, no credit is given for the +paper in that subject. Latham (_The Action of Examinations_, 1877, p. +490) describes other numerical adjustments used to meet this difficulty, +especially that used in English civil service examinations. The +numerical results of the civil service examinations are reduced so as to +conform to a certain symmetrical "frequency-curve," of which the +abscissae represent percentages of marks between definite limits and the +ordinates the number of candidates obtaining marks between those limits. +C.E. Fawsitt (_The Education of the Examiner_, Royal Philosophical +Society of Glasgow, 1905) shows that frequency-curves deduced from +actual investigation of class-marks are not symmetrical, but have two +maxima corresponding to the performance of "non-workers" and of +"workers." In pass examinations of a well-known character there is a +maximum just beyond the pass mark, this being the point of efficiency at +which many students aim. + +8. _The Object and Efficiency of Examinations, and their Indirect +Effects._--In order to estimate the efficiency of an examination as a +test, the precise question should be asked in each case--what is it +intended to test? Much of the evil attributed to, and resulting from, +examinations is due to the fact that this question has not been +definitely put, and that a test legitimate for certain purposes has been +used for others to which it is unsuited. Examinations are suited in the +first instance for the purpose for which they were originally designed +in medieval universities--the test of technical and professional +capacity; it has never been proposed to abolish qualifying examinations +for doctors, pharmaceutical chemists, &c.; the tests applied are (or +should be) direct tests of capacity carried out under conditions as +nearly as possible like those of actual practice. If a student can +auscultate correctly, or make up a prescription, at an examination, he +will in all probability be able to do so in other circumstances. + +Examinations as tests of the knowledge of isolated facts are necessarily +of relatively small value, because the memory of such facts is +transient; and memorization of a large number of facts for examination +purposes is generally admitted to be specially transient; the +"knowledge-test," considered apart from a test of capacity, is in fact +not a test of permanent knowledge, but of the power of retaining facts +for a length of time which it is impossible to estimate and which with +some candidates extends over a few weeks only. When used as tests of +"general culture," examinations, in the view of Paulsen, based on a +study of German education, not only fail in their purpose, but tend to +destroy the faculties which it is desired to develop (_Geschichte des +gelehrten Unterrichts_, ii. 684 et seq.); to prepare ready answers to +the numberless questions which an examiner may ask on a large variety of +subjects is to paralyse the natural and free activity of the mind (cf. +A.C. Benson on the results of English secondary classical education, +_From a College Window_, 3rd ed., 1906, pp. 154-177). If pushed to its +logical conclusion the view of Paulsen must, it is submitted, lead to +the complete abandonment at examinations of tests of "knowledge" as +distinguished from direct tests of capacity. Thus isolated questions on +details of grammar would disappear from papers on the mother-tongue and +on foreign languages, in which the test would consist mainly or entirely +of composition and translation. Erudition would be tested by the power +of writing, at leisure, a dissertation on some subject selected by the +examiners or the candidate or, in the case of a teacher, by the delivery +of a lecture on the subject. At the French _agregation_ candidates are +given twenty-four hours for the preparation of a lecture of this kind. +Such examinations would test the "skill in the manipulation of facts +which is the true sign of a trained intelligence" (cf. K. Pearson, "The +Function of Science in the Modern State," _Ency. Brit._ 10th ed. xxxii. +Prefatory essay). They might possibly be supplemented by easy oral +examinations to test both range of knowledge and readiness of mind. But +in the case of a pupil who had passed through a good secondary school it +would be as safe to rely for supplementary information under this head +on the testimony of his teachers, as it is to rely on their evidence +with regard to the fundamental and all-important element on which no +examination supplies direct information--personal character. + +The main arguments of those opposed to the examination system may be +summarized as follows: (i.) Examinations tend to destroy natural +interests and exclude from the attention of the pupil all matters +outside the purview of the examination (they would not do so if +examinations were so limited in character that preparation therefor +could absorb only a fraction of the pupil's time); (ii.) they tend to +cultivate a personal judgment where no personal basis of judgment is +possible (this argument, directed mainly against the Oxford essay +system, applies not to examinations in general, but to the character of +the subjects set for essays); (iii.) competitive examinations on the +home and Indian civil services scheme tend to diffuse mental energy over +too many subjects (but see (xviii.) below); (iv.) examinations, +especially competitive examinations, tend to become more and more +difficult, difficulty being confused with efficiency--this has shown +itself with the Cambridge mathematical tripos, in which for years +questions of increasing difficulty were set on relatively unimportant +subjects, until the examination was reformed (reply: all examinations +should be overhauled periodically); (v.) they tend to paralyse the +powers of exposition, all statements of knowledge being thrown into a +form suitable, not for an uninstructed person, but for one who already +possesses it, the examiner (this tendency should be counteracted by +definite training in composition); (vi.) the sample of knowledge and +capacity yielded at an examination is frequently not a fair sample; it +is liable to extreme variations in a favourable sense, if the candidate +happens to have prepared the precise questions asked; in an unfavourable +sense, if the candidate is suffering from misfortune or from accidental +ill-health, the latter, owing to the periodic function, occurring much +more frequently in the case of women than of men--[the reform of +examination methods may remove to a great extent the element of chance +in questions set; in a competitive examination it is impossible to allow +for ill-health; in a qualifying examination it is difficult to make any +allowance unless the examination is definitely conducted in whole or in +part by the teachers, and the past record of the candidate is taken into +account (cf. Paulsen, _The German Universities_, pp. 344-345)]; (vii.) +examinations of several hundred candidates at a time cannot be +rationally conducted so as to be equally fair to the individuality of +all candidates; the individual test is the only complete one (it is +admitted that examinations on a large scale necessarily involve a margin +of error; but this error may be reduced to a minimum, especially by a +combination of oral and practical with written work); (viii.) the +multiplicity of school examinations required for different reasons +produces confusion in our secondary education (there is a growing +tendency to admit equivalence of "school-leaving" and entrance +examinations; thus entrance examinations of Oxford, Cambridge and +London, and the Northern Universities Joint Board are interchangeable +under certain conditions); (ix.) the multiplicity of examinations tends +to "underselling" (the success of the London examinations in medicine +proves that a high standard attracts candidates as well as a low one; +possibly intermediate standards may be killed in the competition; it is +by no means obvious that a uniform system of examinations would conduce +to efficiency); (x.) examinations produce physical damage to health, +especially in the case of women-students (on this point more statistical +evidence is needed; see, however, Engelmann quoted by G. Stanley Hall, +_Adolescence_, 1905, ii. 588 et seq.); (xi.) examinations have in +England mechanically cast the education of women into the same mould as +that of men, without reference to the different social functions of the +two sexes (the remedy is obvious); (xii.) it is unjustifiable to give a +man a university position on the results of his performance in the +examination room, a practice common in England though almost unknown on +the continent; a just estimate of a man's powers in research or for +teaching can only be properly based on his performance. The present +system merely leads to the transmission of the sterile art of passing +examinations. (At Oxford and Cambridge many fellowships are now awarded +on the results of examination; it is sometimes stated, in defence of +this system, that young men cannot be expected to carry out research in +classics or philosophy.) + +On the other hand, the defenders of examinations reply that (xiii.) +examinations are necessary in order to test the efficiency of schools to +which grants of public money are given (this argument has become +somewhat out of date owing to the recent substitution of "inspection" +for examination as a test of the efficiency of schools; a combination of +inspection and examination is also sometimes used); (xiv.) they serve as +a necessary incentive to steady and concentrated work[4] (the reply made +to this is that the incentive is a bad one, and that with efficient +teachers it is unnecessary); (xv.) they show both student and teacher +where they have failed (unnecessary for efficient teachers); (xvi.) +though possibly harmful to the highest class of men, they are good for +the mass (reply: no system which damages the highest class of men is +tolerable); (xvii.) they are indispensable as an impartial means of +selecting men for the civil service; (xviii.) in a difficult examination +like the first class civil service examination the qualities of +quickness of comprehension, industry, concentration, power of rapidly +passing from one subject to another, good health, are necessary for +success, though not tested directly, and these qualities are valuable in +any kind of work (this appears to be incontrovertible); (xix.) +examination records show that success in examinations is generally +followed by success in after-life, and the test is therefore efficient +(it does not follow that certain rejected candidates may not be +extremely efficient); (xx.) as a plea for purely "external +examinations," teachers cannot be trusted to be impartial and it is +better for a boy to "cram" than to curry favour with his teacher +(Latham). + +The brief comments in brackets, appended above to the arguments, merely +indicate what has been said or can be said on the other side. It can +scarcely be doubted that in spite of the powerful objections that have +been advanced against examinations, they are, in the view of the +majority of English people, an indispensable element in the social +organization of a highly specialized democratic state, which prefers to +trust nearly all decisions to committees rather than to individuals. But +in view of the extreme importance of the matter, and especially of the +evidence that, for some cause or other (which may or may not be the +examination system), intellectual interest and initiative seem to +diminish in many cases very markedly during school and college life in +England, the whole subject seems to call for a searching and impartial +inquiry. + + SOURCES OF INFORMATION.--The works mentioned above, and T.D. Acland, + _Some Account of the Origin and Objects of the New Oxford Examinations + for the Title of Associate in Arts_ (London, 1858); Matthew Arnold, + _Higher Schools and Universities in Germany_ (1874); Graham Balfour, + _The Educational Systems of Great Britain and Ireland_ (2nd ed., + Oxford, 1903); W.W. Rouse Ball, _Origin and History of the + Mathematical Tripos_ (Cambridge, 1880); Adolf Beier, _Die hoheren + Schulen in Preussen und ihre Lehrer_ (1902-1906) (in progress); + Cloudesley Brereton, "A New Method of awarding Scholarships," _School + World_, 1907, p. 409; G.C. Brodrick, _A History of the University of + Oxford_ (London, 1886); F. Buisson, _Dictionnaire de pedagogie_ + (1880-1887); Lord Curzon of Kedleston, _Principles and Methods of + University Reform_ (1909); J. Demogeot and H. Montucci, _De + l'enseignement superieur en Angleterre et en Ecosse_ (1870); H. + Denifle, _Die Universitaten des Mittelalters bis 1400_ (Berlin, 1885); + F.Y. Edgeworth, "The Statistics of Examinations," and "The Element of + Chance in Competitive Examinations," _Journal of the Statistical + Society_, 1888 and 1890 respectively; H.W. Eve, Lecture "On Marking," + in _The Practice of Education_ (Cambridge, 1883); Charles E. Fawsitt, + _The Education of the Examiner_ (Royal Philosophical Society of + Glasgow) (Glasgow, 1905); J.G. Fitch, "The Proposed Admission of Girls + to the University Local Examination," _Education Miscellanies_ (1865), + vol. x.; W. Garnett, "The Representation of certain Examination + Results," _Journ. Statist. Soc._ (Jan. 1910); G. Stanley Hall, + _Adolescence_ (London, 1905); Sir W. Hamilton, _Discussions on + Philosophy_ (London, 1853); P.J. Hartog, "Universities, Schools and + Examinations" in the _University Review_ (July 1905); P.J. Hartog and + Mrs A.H. Langdon, _The Writing of English_ (1907); Auberon Herbert + (edited by), _The Sacrifice of Education to Examination_, Letters from + "All Sorts and Conditions of Men" (1889); _Influence of Examinations_, + Report by a Committee, British Association Reports for 1903, p. 434. + and for 1904, p. 360; John Jebb, _Remarks upon the Present Mode of + Education in the University of Cambridge_ (4th ed., 1774); Henry + Latham, _On the Action of Examinations_ (Cambridge, 1877); H.C. + Maxwell Lyte, _A History of the University of Oxford to the Year 1530_ + (London, 1886); W.A.P. Martin, _The Lore of Cathay_ (Edinburgh and + London, 1901); J.B. Mullinger, _The University of Cambridge_ + (Cambridge, 1873); _How to pass Examinations successfully_, by an + Oxford Coach; Mark Pattison, _Suggestions on Academical Organization_ + (Edinburgh, 1868); Friedrich Paulsen, _The German Universities and + University Study_ (London, 1906) and _Geschichte des gelehrten + Unterrichts_ (Leipzig, 1896); George Peacock, _Observations on the + Statutes of the University of Cambridge_ (1841); _Programme des + examens du nouveau baccalaureat de l'enseignement secondaire_, + Delalain freres, Paris; Hastings Rashdall, _The Universities of Europe + in the Middle Ages_ (Oxford, 1895); Rein's _Encyklopadisches Handbuch + der Padagogik_ (2nd ed., 1902, &c.), articles "Prufungen" (by F. + Paulsen), &c.; Third Report of the Royal Commissioners on Scientific + Instructions, 1873; J.E. Thorold Rogers, _Education in Oxford_ (1861); + M.E. Sadler, "Memorandum on the Leaving Examinations ... in the + Secondary Schools of Prussia," in Report of Royal Commission on + Secondary Education, vol. v. p. 27 (1895); C.A. Schmid, _Geschichte + der Erziehung_ (Stuttgart, 1884, &c.), and _Encyklopadie des gesammten + Erziehungs- und Unterrichtswesens_ (2nd ed., 1876-87), articles + "Prufung," "Schulprufungen," "Versetzungsprufungen," &c.; + Scholarships, various papers on, by H.B. Baker, A.A. David, H.A. + Miers, M.E. Sadler and H. Bompas Smith, and others, British + Association Report, 1907, pp. 707-718; Arthur Schuster, article on + "Universities and Examinations" in the University Review (May 1905); + W.H. Sharp, _The Educational System of Japan_ (Office of the + Director-General of Education in India) (Bombay, 1906); Special + Educational Reports, issued by the Board of Education, _passim_; + A.M.M. Stedman, _Oxford: its Life and Schools_ (London, 1887); I. + Todhunter, _Conflict of Studies_ (1873); William Whewell, _Of a + Liberal Education_ (London, 1845); Christopher Wordsworth, _Scholae + academicae_ (Cambridge, 1877); Etienne Zi (or Siu or Seu), _Pratique + des examens litteraires en Chine_ (Shanghai, 1894). Private + information from Professor M.E. Sadler and Mr A.E. Twentyman. + (P. J. H.; A. Wn.) + + +FOOTNOTES: + + [1] W.W. Rouse Ball in his _History of the Study of Mathematics at + Cambridge_ (1889), p. 193, states that he can find no record of any + European examinations by means of written papers earlier than those + introduced by R. Bentley at Trinity College, Cambridge, in 1702. + + [2] It should be mentioned that the professors of chemistry of a + number of German, Austrian and Swiss universities, have, by + agreement, instituted an intermediate examination in that subject + which students are required to pass before beginning work on the + doctoral thesis. The examination of the students is conducted by the + teachers concerned. + + [3] See E.E. Brown in _Monographs on Education in the United States_ + (ed. by N.M. Butler, 1900, i. 164), and T. Gregory Foster and H.R. + Reichel, _Report of Mosely Educational Commission_ (1904), pp. + 117-119 and 288-289. + + [4] The Oxford commissioners of 1852 reported that "the examinations + have become the chief instruments not only for testing the + proficiency of the students but also for stimulating and directing + the studies of the place" (_Report_, p. 61). + + + + +EXARCH ([Greek: exarchos], a chief person or leader), a title that has +been conferred at different periods on certain chief officers or +governors, both in secular and ecclesiastical matters. Of these, the +most important were the exarchs of Ravenna (q.v.). In the ecclesiastical +organization the exarch of a _diocese_ (the word being here used of the +political division) was in the 4th and 5th centuries the same as +primate. This dignity was intermediate between the patriarchal and the +metropolitan, the name patriarch being restricted after A.D. 451 to the +chief bishops of the most important cities (see PATRIARCH). The title of +Exarch was also formerly given in the Eastern Church to a general or +superior over several monasteries, and to certain ecclesiastics deputed +by the patriarch of Constantinople to collect the tribute payable by the +Church to the Turkish government. In the modern Greek Church an exarch +is a deputy, or legate _a latere_, of the patriarch, whose office it is +to visit the clergy and churches in the provinces allotted to him. The +title of exarch has been borne by the head of the Bulgarian Church (see +BULGARIA), since in 1872 it repudiated the jurisdiction of the Greek +patriarch of Constantinople. Hence the names of the politico-religious +parties in the recent history of the Near East: "Exarchists" and +"Patriarchists." + + + + +EXCAMBION (a word connected with a large class of Low Latin and Romance +forms, such as _cambium_, _concambium_, _scambium_, from Lat. _cambire_, +Gr. [Greek: kambein] or [Greek: kamptein], to bend, turn or fold), in +Scots law, the exchange (q.v.) of one heritable subject for another. The +modern Scottish excambion may consist in the exchange of any heritable +subjects whatever, e.g. a patronage or, what often occurs, a portion of +a glebe for servitude. Writing is not, by the law of Scotland, essential +to an excambion. Chiefly in favour of the class of cottars and small +feuars, and for convenience in straightening marches, the law will +consider the most informal memoranda, and even a verbal agreement, if +supported by the subsequent possession. The power to excamb was +gradually conferred on entailed proprietors. The Montgomery Act, which +was passed in 1770, to facilitate agricultural improvements, permitted +50 acres arable and 100 acres not fit for the plough to be excambed. +This was enlarged by the Rosebery Act in 1836, under which one-fourth of +an entailed estate, not including the mansion-house, home farm and +policies, might be excambed, provided the heirs took no higher grassum +(O.E. _gersum_, fine) than L200. The power was applied to the whole +estate by the Rutherford Act of 1848, and the necessary consents of +substitute heirs are now regulated by the Entail (Scotland) Act 1882. + + + + +EXCELLENCY (Lat. _excellentia_, excellence), a title or predicate of +honour. The earliest records of its use are associated with the Frank +and Lombard kings; e.g. Anastasius Bibliothecarius (d. c. 886) in his +life of Pope Honorius refers to Charlemagne as "his excellency" (_ejus +excellentia_); and during the middle ages it was freely applied to or +assumed by emperors, kings and sovereign princes generally, though +rather as a rhetorical flourish than as a part of their formal style. +Its use is well illustrated in the various charters in the Red Book of +the exchequer, where the addresses to the king vary between "your +excellency," "your dignity" (_vestra dignitas_), "your sublimity" +(_vestra sublimitas_) and the like, according to the taste and +inventiveness of the writers. Du Cange also gives examples of the style +_excellentia_ being applied to the pope and even to a bishop (in a +charter of 1182). With the gradual stereotyping of titles of honour that +of "excellency" was definitively superseded in the case of sovereigns of +the highest rank, about the beginning of the 15th century, by those of +"highness" and "grace," and later by "majesty," first assumed in England +by King Henry VIII. Dukes and counts of the Empire and the Italian +reigning princes continued, however, to be "excellencies" for a while +longer. In 1593 the bestowal of the title of _excellence_ by Henry IV. +of France on the duc de Nevers, his ambassador at Rome, set a precedent +that was universally followed from the time of the treaty of Westphalia +(1648). This, together with the reservation in 1640 of the title +"eminence" (q.v.) to the cardinals, led the Italian princes to adopt the +style of "highness" (_altezza_) instead of "excellency." In France, from +1654 onwards, the title of _excellence_ was given to all high civil and +military officials, and this example was followed in Germany in the 18th +century. + +The subsequent fate of the title varies very greatly in different +countries. In Great Britain it is borne by the viceroy of India, the +lord-lieutenant of Ireland, all governors of colonies and ambassadors. In +the United States it is part of the official style of the governors of +states, but not of that of the president; though diplomatic usage varies +in this respect, some states (e.g. France) conceding to him the style of +"excellency," others (e.g. Belgium) refusing it. The custom of other +republics differs: in France the president is addressed as _excellence_ +by courtesy; in Switzerland the title is omitted; in the South American +republics it is part of the official style (Pradier-Fodere, _Cours de +droit diplom._ i. 89). In Spain the title of _excelencia_ properly +belonged to the grandees and to those who had the right to be covered in +the royal presence, but it was extended also to high officials, viceroys, +ministers, captains-general, lieutenants-general, ambassadors and knights +of the Golden Fleece. In Austria the title _Exzellenz_ belongs properly +to privy councillors. It has, however, gradually been extended by custom +to all the higher military commands from lieutenant-field-marshal +upwards. Ministers, even when not privy councillors, are styled +_Exzellenz_. In Germany the title is borne by the imperial chancellor, +the principal secretaries of state, ministers and _Oberprasidenten_ in +Prussia, by generals from the rank of lieutenant-general upwards, by the +chief court officials, and it is also sometimes bestowed as a title of +honour in cases where it is not attached to the office held by its +recipient. In Russia the title is very common, being borne by all +officers from major-general upwards and by all officials above the rank +of acting privy councillor. Officers and officials of the highest rank +have the title of "high excellency." Finally, in Italy, the title +_eccelenza_, which had come to be used in the republics of Venice and +Genoa as the usual form of address to nobles, has become as meaningless +as the English title of "esquire" or the address of "sir," being, +especially in the south, the usual form of address to any stranger. + +In the diplomatic service the title of excellency is technically +reserved to ambassadors, but in addressing envoys also this form is +commonly used by courtesy. (W. A. P.) + + + + +EXCHANGE, in general, the action of mutual giving and receiving objects, +interests, benefits, rights, &c. The word comes through the French from +the Late Lat. _excambium_ (see EXCAMBION). The present article deals +with the theory and practice of exchange in monetary transactions, but +this may conveniently be prefaced by a brief statement as to the law +relating to the exchange of property and other matters. In English law +exchange is defined as the mutual grant of equal interests, the one in +consideration of the other. The ancient common law conveyance had +certain restrictions, e.g. identity in quantity of interest, fee-simple +for fee-simple, &c., entry to perfect the conveyance, and an implied +warranty of title and right of entry by either party in case of +eviction. Such exchanges are now effected by mutual conveyances with the +usual covenants for title. Exchanges are also frequently made by order +of the Board of Agriculture under the Inclosure Acts, and there are also +statutes enabling ecclesiastical corporations to exchange benefices with +the approval of the ecclesiastical commissioners. The international +exchange of territories is effected by treaties. The exchange of +prisoners of war is regulated by documents called "cartels" (Med. Lat. +_cartellus_, diminutive of _carta_, paper, bill), which specify a +certain agreed-on value for each rank of prisoners. The practice +superseded the older one of ransom at the end of a war. By the +Regimental Exchanges Act 1875 the sovereign may by regulation authorize +exchanges by officers from one regiment to another. (For "labour +exchanges" see UNEMPLOYMENT.) + +Exchange in relation to money affairs denotes a species of barter not of +goods but of the value of goods, a payment in one place being exchanged +for a payment in another place. The popular statement of the theory of +exchange represents four principals involved in two transactions. A and +B are two persons residing in one place different from the domicile of C +and D; A sells goods to C; B buys goods from D; A sells his claim on C +to B, who remits it to D in satisfaction of his debt, and D receives the +cash from C, so that, assuming the two transactions to be of equal +value, one piece of paper satisfies the four parties to these two +transactions, and the trouble, expense and risk of sending money from +both places are avoided. The piece of paper which performs the service +may be a telegraphic order, cheque or bill of exchange. In this +elementary proposition there would be no difficulty of exchange, as the +full value of A's claim on C would be paid for by B, who is under the +necessity of sending in exactly similar amount of money to D; but it can +be seen that in actual practice the claims of one place on another place +would not be exactly balanced by the necessities of the one place to +meet obligations in the other place; thus arises the complication of +exchange, which may best be described as the price of monetary claims on +distant debtors. + +Supposing, for example, that A in London had a claim on C in Edinburgh +amounting to L100, and that B in London did not require to remit more +than L90 to D in Edinburgh, it is evident that B in London must be +offered some inducement to take over the whole of A's claim. B might +give A L99:19:0, and could then, after satisfying his debt to D, have +L10 to his credit in Edinburgh, which he could retain there at interest +until he had incurred further liability to D, or he could have the +balance of L10 returned him in coin at an expense, say, of sixpence; +this would leave B with a profit of sixpence on the transaction, and, +assuming that these figures are reasonable, exchange on Edinburgh in +London would be one shilling discount per L100. Supposing the +necessities of B induced him to offer A only L99:14:0 for his L100 +claim, A would then prefer that C remitted him L100 in coin, which, on +the above scale of expenses would cost 5s. and A would receive L99:15:0 +net. On these premises, exchange on Edinburgh in London cannot fall +below 1/4% discount, and the same circumstances prevent it from rising +above 1/4% premium, for B, in no case, would pay more for A's claim than +L100 plus the cost of sending coin to Scotland. If this basis is +appreciated, all exchange problems between different countries can be +mastered, and the quotations in the daily papers of cable payments, +sight drafts (cheques) and long bills are then understood and supply an +interesting indication of the state of international financial +relations. As shown above, the balance of indebtedness must eventually +be remitted by coin, and consequently when exchange in any city is +quoted at one or other of the limit points given in our example as 1/4% +discount or 1/4% premium, this exchange immediately acquires a very +serious importance, because with the development of modern monetary +systems under which enormous trade is carried on with a most moderate +foundation of actual coin the weakening or strengthening of that +foundation is a very vital matter. + +While the understanding of the theory is essential for any facile +interpretation of an exchange, there are of course innumerable details +of practice which require to be known to identify the limit points of +exchange in any particular city. The limit points can only be taken +advantage of by banking experts, and, although we assume a trader +remitting his indebtedness in coin when he is asked to pay too high a +price for his bill of exchange, in actual affairs the banker will supply +the cheque or bill and himself will do the professional business of +sending away bullion. Similarly, we have represented one trader drawing +on another trader and selling his draft to a third trader who remits the +draft to a fourth. In actual practice, however, No. 1 draws on No. 2 and +disposes of his draft to a banker; No. 4 draws on No. 3 and sells his +draft to a banker; because, speaking generally, whenever goods are +shipped, the shipper immediately requires his money; he draws a bill +against the goods, and it is the function of a banker to help, as a sort +of debt-collecting agency, by buying these drafts; and the bank, being a +mart for all forms of remittance, gets an immense variety of demand for +cable payments, cheques and bills on all centres. This does not affect +the theory, for it must be remembered that the banker is a necessary +link between the buyer and seller of exchange, because the seller can +only sell what he has and the buyer must have exactly what he wants. + +To return to the question of limit points: if a universal currency +system existed, with the same monetary standard that is used in England, +and the coinage kept in a proper condition of weight and fineness, and +the coin readily supplied to meet every reasonable claim--if, in fact, +the pound sterling were the prevalent coin and the English banking +system obtained everywhere, then we should find all exchange quotations +as simple as our case of London and Edinburgh, that is to say, all +exchanges would be quoted at par or a premium or a discount. The limit +points in any place of the exchange on London would represent simply and +obviously the cost of the transmission of the coin. These limit points +would vary at each place according to the distance from London, the cost +of freight, the risk involved in the transmission and the local rate of +interest. On the continent of Europe some advance has been made in the +direction of a universal coinage. Countries subscribing to the Latin +Union have agreed on the franc as a common unit, and Belgium, +Switzerland, France and Italy quote exchange between themselves at a +premium or discount. Greece, Spain and other countries are also parties +to the arrangement, but their currencies are in a bad state, and the +exchange quotations involve a considerable element of speculation. We +have, however, to deal with another factor in international finance, +namely, the enormous variety of currency systems; and we have then to +discover, in each case, the exchange which represents par and +corresponds to our L100 for L100 in the London-Edinburgh example. The +United States furnishes perhaps the easiest problem, and we must find +out how many dollars in gold contain exactly the same amount of the +precious metal as is contained in one hundred sovereigns. The answer is +486-5/8, and the arithmetic is a question of the mint laws of the two +countries. Gold coin in the United States contains one-tenth alloy and +in England one-twelfth alloy. Ten dollars contain 258 grains of gold, +nine-tenths fine. One pound contains 123.274 grains of gold, +eleven-twelfths fine, consequently L100 is worth $486-5/8, or, to be +exact, $486-2/3, and when cable payments between London and New York are +quoted at 4.86-5/8 for the L1 sterling, exchange is about par. As a +cable payment is an immediate transfer from one city to another, no +question of interest or other charge is involved. Owing to the cost of +sending gold as detailed above, the New York cable exchange varies from +about 4.84 to 4.89-1/2; at the former point gold leaves London for New +York, and at the latter point gold comes to England. Besides insurance, +freight, packing, commission and interest, there must also be considered +the circumstance that coin taken in bulk is always a little worn and +under full weight, and in the process of turning sovereigns into +dollars, the result would not bear out the calculation based on the mint +regulations: consequently, when taking gold from London, the demand +would first fall on the raw metal as received from South Africa or +Australia to be minted in the United States, then on any stock of +American coin the Bank of England might have and be willing to sell by +weight (which would be accounted by tale in New York), and lastly the +demand would be satisfied by sovereigns taken by tale from the Bank of +England and converted by weight in America. + +The instance of the American quotation may be further taken to explain +some of the numerous points which the study of the exchange involves. In +the first place, it will be noted that we have quoted the price in +dollars. In London, business in bills, &c., on New York is quoted either +in pence or in dollars, that is to say, payments are negotiated for so +many dollars either at 49-3/16 pence per dollar, or at the equivalent +rate $4.88 for the pound. In practice it is much more convenient to +quote in London in the money of the foreign country, as it makes +comparison with the foreign rate on London very simple. Some foreign +countries quote exchange on London in pence, and then, of course, in +relation to those countries the same practice will obtain in England, +but the majority of the exchange quotations on London are in francs, +marks, gulden, lire, kronen or other foreign money. Another point which +must be explained is the reason why exchange varies between what we have +called the limit points; why there is sometimes so much demand for bills +on London and why at other times so many bills are being offered. +Similar causes operate on other exchanges, and if we develop the New +York case we shall provide explanations for exchange movements in other +countries. + +At one time the financial relations between England and America were as +follows. England was the principal creditor of the United States, and +the latter country had to remit continually very large amounts in +payment of interest on English money and profits on English investments, +in payment for shipping freights, for banking commissions, insurance +premiums and an immense variety of services, besides paying for the +large imports which crossed the Atlantic from English ports. In the fall +of the year these payments would be more than offset by the enormous +exports of food-stuffs, cotton, tobacco, &c., so that during the first +half of the year exchange would be at or about the limit of 4.89-1/2 and +gold would have to be sent from New York to supplement the deficient +quantity of bills. In the autumn the produce bills would flood the +exchange market and gold would be sent from London as exchange got to +the other limit point of 4.84. These conditions are still very potent, +but latterly another element has entered into the position, and the new +development is so powerful as to reverse sometimes what we may call the +natural and legitimate movement in the exchange. This new element is the +more intimate banking and financial relationship which has been +established between the two countries. As American conditions have +become more stable, with better security for capital and an assured +feeling about the currency of the United States, bankers in London have +gladly allowed their banking friends in New York and other large cities +to draw bills on London whenever there was a good demand for sterling +remittances. We have, therefore, to consider a fresh type of bill of +which the drawer has no claim on the drawee, but, on the other hand, +incurs a debt to the drawee. To take a very usual method, a banker in +Wall Street, New York, will advance money to stockbrokers, investors and +speculators against bonds and shares with a 20% margin. He deposits this +security with a trust company in New York which acts both for the +American and English banker. The Wall Street banker then draws a bill at +60 days' sight or 90 days' sight on the banker in Lombard Street and +sells this draft to supply the money he lends the stockbroker. Two or +three months hence the New York banker must send money to London with +which to meet the bill, so that, whereas, in the case of a commercial +bill, the produce is despatched and in due course the consignee must +find the money for the bill, in the case of a finance bill, as it is +called, the bill is drawn and in due course the drawer must send the +value with which it is to be honoured. In any event the acceptor, the +London banker, has to pay the bill, so that it will be easily understood +that relations of the greatest confidence are necessary between the +drawer and drawee before finance bills of this class can be created. + +The profit arising from the transaction we have sketched is realized by +the separate parties in this way. The New York banker lends money for +three months, say, at 5% per annum, he pays a commission of 1/32% to the +trust company which has custody of the security, a charge equivalent to +1/8% interest per annum. He draws on London at 90 days' sight and sells +the bill at 4.83-5/8, the cable rate being 4.87-3/4, the buyer of a +three months' bill making the allowance for the English bill stamp of +1/2 per mille and the London discount rate of 3%. The drawer of the bill +must also pay a commission of 3/16% to the London banker who accepts the +draft; this is equivalent to another 3/4% per annum in the rate of +discount, so that money raised in this way costs 1/8% for the trust +company, 3% the London discount rate, about 1/4% for bill stamps, and +3/4% for London commission--altogether, 4-1/8%; and, as the money is +loaned at 5%, there appears to be 7/8% profit to the drawer of the bill. +This, however, is on the assumption that the cable rate is still +4.87-3/4 when the bill falls due for payment and that the drawer would +have to pay that price to telegraph the money to meet the draft. But +exchange on London can go up or down between 4.84 and 4.89-1/2, and if +at the end of the three months the cable rate is 4.84 the New York +banker will be able to cover his bill at almost the same rate at which +he sold it and will only be out of pocket to the extent of the +commissions and stamps, so that the accommodation will only cost him +1-1/2% and his profit will be 3-1/2%. If he has to pay more than +4.87-3/4 for his cable at the maturity of the bill his profit will be +less than 7/8%, and he may even be a loser on the transaction. + +It is obvious, then, that a high rate of interest in New York, with a +high rate of exchange on London and a low rate of discount in England, +would induce the creation of these finance bills. The supply of these +bills would prevent New York exchange reaching the limit point at which +gold leaves the United States, and the maturity of these bills in the +autumn would ensure a demand for the produce bills and possibly prevent +exchange from falling to the other limit point at which London has to +send gold to New York. + +We have pointed out the essential difference between these finance bills +and what we have called produce bills, but there is another very +striking difference, that of the question of supply. These finance bills +are obviously very difficult to limit in their amounts; produce bills +are, of course, limited by the extent of the surplus crops of the United +States and by the demand for the produce in Europe, but so long as it is +mutually satisfactory to the big finance houses in both countries to +draw on credit granted in London, so long may these accommodation bills +be created, and the pressure of the bills in New York may depress +exchange so much that gold leaves London at a time when it is required +in other directions. In such a case the embarrassment caused by this +artificial drain of the gold reserve would much more than offset the +amount of the commission earned by the accepting houses. The Bank of +England may have to raise its rate of discount at the expense of the +entire home trade; probably, also, with the rise in the value of money, +consequent on the diminished resources, all investment securities fall +in value and more onerous terms must be submitted to by the government, +corporations and colonies, in the issue of any loans they may require. +It will, therefore, be appreciated that, although these finance bills +may be perfectly safe, their excessive creation is viewed with great +disfavour, and considerable apprehension is felt when the adventures of +speculators in New York make great demands for loans against stocks and +shares, and, through the instrumentality of these finance bills, shift +the burden on to the shoulders of the London discount market. The effect +of this is to level money rates as between New York and London, and in +the process the pressure falls on London and the relief goes to America. +Eventually, of course, the bills must be met and funds sent for that +purpose from across the Atlantic, but in the meanwhile the disturbance +of the gold supply is an inconvenience. + +We have explained the process of employing credits granted in London to +finance Wall Street; there are, also, many other types of bill to which +the acceptor lends his name on the assurance that he will in due course +be supplied with the funds required to meet the acceptance. In the case +of the produce bills, a London banker will accept the bills in order +that they may be more easily marketable than if they were drawn direct +on the actual consignee of the cotton, tobacco or wheat. The consignees +in Liverpool, &c., pay a commission for this assistance and reimburse +the London bank as the produce is gradually disposed of. The transaction +appears slightly more complicated when English bankers accept bills for +produce shipped from the United States to merchants living in Hamburg, +Genoa, Singapore and all other great ports, but the principle is the +same, and the influence of such business on the exchange affects, in the +first instance, the quotation between America and London, but +afterwards, when money must be sent to London with which to honour the +bills, the exchanges with Germany, Italy or the Straits Settlements bear +their share in the eventual adjustment, the spinners, tobacco +manufacturers and corn factors requiring drafts on London where so much +of the trade of the world is financed. + +We shall have to consider later the reasons which ensure to London this +peculiar and predominant position. We have so far used the American +exchange as an example to explain causes which produce fluctuations in +all the principal exchanges on London and to show the points between +which fluctuations are limited. The fact that America is still +developing at a much greater rate than the Old World makes an important +distinction between the financial position in New York and the financial +position of the big capitals in Europe. There is not in America the huge +accumulation of savings and investment money which the Old World has +collected, so that whereas Europe helps to finance the United States, +the latter country has so many home enterprises that she can spare none +of her funds to assist Europe. It would not be possible for London to +draw on New York such bills as we have described as finance bills, for +they could never be discounted there except on the most onerous terms, +and there is nothing in America which corresponds to the London money +market. + +We have to deal with dollars and cents in America, with francs in +France, with marks in Germany, and different money units in nearly every +country; but, given the mint regulations, the theoretical par of +exchange and the theoretical limit points are arrived at by simple +arithmetic. An exhaustive statement with reference to every country +would involve an amount of tedious repetition, so that for the purposes +of this article it is more instructive to consider the essential +differences between the important exchanges than to go into the details +of coinage, which would appeal rather to the numismatist than to the +exchange expert. + +The United States, offering as it does a vast field for profitable +investment, must annually remit huge amounts for interest on bonds and +shares held by Europeans; coupons and dividend warrants payable in +America are offered for sale daily in London, and at the end of the +quarters the amount of these claims, coupons and drawn bonds is very +large, and a considerable set off to the indebtedness of Europe for +American produce. It is often asserted that the United States is rapidly +getting sufficiently wealthy to repurchase all these bonds and shares; +but whenever trade conditions are exceptionally good in the States, +fresh evidence is forthcoming that assistance from London and Europe is +essential to finance the commercial development of the United States. +This illustrates a feature common to all new countries, and the effect +is that they make annual payments to the older countries and especially +to England. + +A government loan or other large borrowing arranged abroad will +immediately move the exchange in favour of the borrowing country. A +tendency adverse to the United States results from the drafts and +letters of credit of the large number of holiday makers who cross the +Atlantic and spend so much money in Europe. When remittance is made of +the incomes of Americans who have taken up their residence in the Old +World the exchange is affected in a similar manner. + +In one respect the United States stands far superior to most of the +older countries. There are no restrictions on the free export of gold +when exchange reaches the limit point showing that the demand for bills +on London exceeds the supply. New York (with London and India) is a free +gold market, and this is undoubtedly one of the reasons why money is so +readily advanced to the United States, and the finance bills, to which +we referred above, would not be allowed to the same extent were it not +for the fact that New York will remit gold when other forms of +remittance are insufficient to satisfy foreign creditors. When exchange +between Paris and London reaches the theoretical limit point of 25.32 +(25 francs 32 centimes for the L1 sterling), gold does not leave Paris +for London unless the Bank of France is willing to allow it. By law, +silver is also legal tender in France, and if the State Bank is pressed +for gold a premium will be charged for it if it is supplied. Gold may be +collected on cheaper terms in small amounts from the great trading +corporations or from the offices of the railways, but a large shipment +can only be made by special arrangement with the Bank of France. +Similarly, in Germany, where a gold standard is supposed to obtain, if a +banker requires a large amount of gold from the Reichsbank he is warned +that he had better not take it, and if he persists he incurs the +displeasure of the government institution to the prejudice of his +business, so that the theoretical limit point of 20 marks 52 pf. to the +pound sterling has no practical significance, and gold cannot be secured +from Berlin when exchange is against that city, and Germany has, when +put to the test, an inconvertible and sometimes a debased currency. +There is no state bank in the United States, and no government +interference with the natural course of paying debts. On the other hand, +when monetary conditions in New York indicate a great shortage of funds, +and rates of interest are uncomfortably high, the United States treasury +has sometimes parted with some of its revenue accumulations to the +principal New York bankers on condition that they at once engage a +similar amount of gold for import from abroad, which shall be turned +over to the treasury on arrival. As these advances are made free of +interest the effect is to adjust the limit point of 484 to about 485, +and the United States treasury seems to have taken a leaf out of the +book of the German Reichsbank, which frequently offers similar +facilities to gold importers and creates an artificial limit point in +the Berlin Exchange. The Reichsbank gives credit in Berlin for gold that +has only got as far as Hamburg, and sometimes gives so many days' credit +that the agent in London of German banking houses can afford an +extravagant price for bar gold and even risk the loss in weight on a +withdrawal of sovereigns, although the exchange may not have fallen to +the other limit point of 20.32. In England the only effort that is made +to attract gold is some action by the Bank of England in the direction +of raising discount rates; occasionally, also, the bank outbids other +purchasers for the arrivals of raw gold from South Africa, Australia and +other mining countries. Quite exceptionally, for instance during the +Boer War, the Bank of England allowed advances free of interest against +gold shipped to London. + +Many of the principal banking houses in all the important capitals +receive continually throughout the day telegraphic information of the +tendency and movement of all the exchanges, and on the smallest margin +of profit a large business is done in what is called arbitrage (q.v.). +For instance, cheques or bills on London will be bought by X in Paris +and remitted to Y in London. X will recoup himself by selling a cable +payment on Z in New York. Z will put himself in funds to meet the cable +payment by selling 60 days' sight drafts on Y, who pays the 60 days' +drafts at maturity out of the proceeds of the cheques or bills received +from Paris, and this complicated transaction, involving no outlay of +capital, must show some minute profit after all expense of bill stamps, +discount, cables and commissions has been allowed for. Such business is +very difficult and very technical. The arbitrageur must be in +first-class credit, must make the most exact calculation, and be prompt +to take advantage of the small differences in exchange, differences +which can be only temporary, as these operations soon bring about an +adjustment. + +The European exchanges with which London is chiefly concerned are Paris +and Berlin, through which centres most of the financial business of the +rest of Europe is conducted; for example, Scandinavia, Russia and +Austria bank more largely with Berlin than elsewhere. Italy, +Switzerland, Belgium and Spain bank chiefly in Paris. European claims on +London or debts to London are settled mostly through Germany or France, +and consequently the German and French rates of exchange are affected by +the relation of England with the rest of the Continent. The exchanges on +Paris and Berlin are therefore most carefully watched by all those big +interests which are concerned with the rate of discount and the value of +money in London. + +If the Paris cheque falls to 25.12, gold arrivals in the London bullion +market will be taken by French bankers unless the profit shown by the +exchange on some other country enables other buyers to pay more for the +gold than Paris can afford. If the Paris cheque falls still further, it +would pay to take sovereigns from the Bank of England for export, and so +much would be taken as would satisfy the demand to send money to France, +or until the consequent scarcity of money in London made rates of +interest so high in England that French bankers would prefer to leave +money and perhaps increase their balances. As between London and Paris +and Berlin the greatest factor operating the exchanges is the relative +value of money in the three centres. There is no great excess of trade +balance at any season in favour of Germany or France and against +England. On the other hand the banking relations between those countries +are very intimate, and if funds can be very profitably employed in one +of these places, there will be a good demand for remittance, and +exchange will move in favour of that place, that is to say, exchange +will go towards that limit point at which gold will be sent. The great +pastoral and agricultural countries like South America, Egypt and India +are in a position to draw very largely on London when their crops or +other products are ready for shipment. In the early months of the year +gold goes freely to South America to pay for the cereals, hides and +meat, and in the autumn Egypt and India send such quantities of cotton +and wheat that exchange moves heavily in favour of those countries, and +gold must go to adjust the trade balance. During the rest of the year +the gold tends to return as these countries always require bills on +London or some form of payment to meet interest and dividends on +European money invested in their government debts, railways and trading +enterprises, and to pay for the European manufactures which they import. +Exchange then moves in favour of England, and the Bank of England can +replenish its reserve. Over the greater part of the world the rate of +exchange on London is an indication simply of the trade balance. The +greater part of the world receives payment for food stuffs, and has to +pay for European manufactures, shipping freights, banking services and +professional commissions. + +The greatest complication in exchange questions arises when we have to +deal with a country employing a silver standard, and, fortunately for +the development of trade, this problem has disappeared of late years in +the case of India, Ceylon, Japan, Mexico and the Straits Settlements, +and now the only important country using silver as a standard is China. +When the monetary standard in one country is only a commodity in another +country we are as far removed from the ideal of an international +currency as can be imagined. We can fix no limit points to the exchange +and we cannot settle any theoretical par of exchange. The price of +silver in the gold-using country may vary as much as the price of copper +or tin, and in the silver-using country gold is dealt in just as any +other metal. In both cases the only metal of constant price is the metal +which is used as the money standard. The easiest method of explaining +the position is to consider that any one in a gold-using country having +a claim in currency on a silver-using country has to offer for sale so +many ounces of silver, and vice versa the exporter in a silver-using +country sending produce to London has to offer a draft representing so +many ounces of gold. This introduces a very unsatisfactory element. To +take a practical example:--a tea-grower in China has raised his crop in +spite of the usual experience of weather and labour difficulties and the +endless risks that a planter must face; the tea is then sent to London +to take its chance of good or bad prices, and at the same time the +planter has a draft to sell representing locally a certain weight of +gold; now, in addition to all the risks of weather and trading +conditions, and the chances of the fluctuations in the tea market, he is +compelled to gamble in the metal market on the price of gold. Some years +ago when a large number of important countries employed a silver +standard it was seriously suggested that a fixed ratio should be agreed +internationally at which gold and silver should be exchanged. This +advocacy of bimetallism (q.v.) was especially persistent at a time when +silver had suffered a very great fall in price and the prominent +exponents could generally be identified either as extremely practical +men who were interested in the price of silver, or as very inexperienced +theorists. The difficulty of the two standards was successfully solved +by discarding the use of silver, and the chief silver-using countries +adopted a gold standard which has given greater security for the +investment of foreign capital, has simplified business and brought about +a large increase of trade. + +In the case of a country of which the government has been subject to +great financial difficulties, gold has been shipped to satisfy foreign +creditors so long as the supply held out, and the exchange with such a +country will continue to move adversely with every fresh political +embarrassment and any other economic cause reflecting on the national +credit. With the collapse of the monarchy in Brazil the value of the +milreis fell from 27d. to 5d., and all the Spanish-American countries +have from time to time afforded most distressing examples of the +demoralizing effects on the currency of unstable and reckless +administration. In Europe similar results have been shown by the +mistrust inspired by the governments of Spain, Greece, Italy and some +other states. The raising of revenue by the use of the printing press +creates an inconvertible and depreciating paper currency which frightens +foreign capital and severely taxes the unfortunate country which must +make payment abroad for the service of debt and other obligations. With +the tardy appreciation of the old proverb that "honesty is the best +policy" nearly every country of importance has made strenuous efforts to +improve the integrity of its money. + +Exchange quotations are not published from many of the British colonies, +as their financial business is in the hands of a comparatively few +excellently managed banks, which establish, by agreement, conventional +exchanges fixed for a considerable period, notably in the case of +Australia, New Zealand and South Africa. The Scottish and Irish banks +supply similar examples of a monopoly in exchange. + +The following table taken from the money article of a London daily paper +indicates the exchanges which are of most interest to England:-- + + _Foreign Exchanges._ + + +-----------------------+-----------------+----------------+----------------+ + | | June 14. | June 15. | June 16. | + +-----------------------+-----------------+----------------+----------------+ + | Paris, cheques | 25 f. 18 c. | 25 f. 18 c. | 25 f. 18 c. | + | " Mkt. discount | 2-1/2-5/8 p.c. | 2-1/2-5/8 p.c. | 2-1/2-5/8 p.c. | + | Brussels, cheques | 25 f. 23 c. | 25 f. 23-1/2 c.| .. | + | Berlin, sight | 20 m. 48-3/4 pf.|20 m. 48-3/4 pf.| 20 m. 48 pf. | + | " 8 days | 20 m. 46-1/2 pf.|20 m. 46-1/4 pf.|20 m. 45-1/2 pf.| + | " Mkt. discount | 3-7/8 p.c. | 3-7/8 p.c. | 3-7/8 p.c. | + | Vienna, sight | Holiday |24 kr. 02-1/4 h.|24 kr. 02-3/4 h.| + | Amsterdam, sight | 12 fl. 13-1/8 c.|12 fl. 13-1/4 c.| .. | + | Italy, sight | Holiday | 25 lire 15 c. | .. | + | Madrid, sight | " | 27 ps. 68 | .. | + | Lisbon, sight | " | .. | .. | + | St Petersburg, 3 ms. | 94 r. 10 | 94 r. 10 | .. | + | Bombay, T.T. | 1s. 4d. | 1s. 4d. | 1s. 4d. | + | Calcutta, T.T. | 1s. 4d. | 1s. 4d. | 1s. 4d. | + | Hong-Kong, T.T. | 2s. 1-1/16d. | 2s. 1-1/16d. | 2s. 1-1/16d. | + | Shanghai, T.T. | 2s. 10-3/4d. | 2s. 10-5/8d. | 2s. 10-5/8d. | + | Singapore, T.T. | 2s. 4-1/16d. | 2s. 4-1/16d. | 2s. 4-1/16d. | + | Yokohama, T.T. | 2s. 0-3/8d. | 2s. 0-3/8d. | 2s. 0-3/8d. | + |*Rio de Jan'ro, 90 days| 16-9/16d. | 16-9/16d. | 16-17/32d. | + |*Valparaiso, 90 days | | | | + | Coml. | 14-3/8d. | 14-3/8d. | 14-1/4d. | + |*B. Ayres, 90 days | 48-1/8d. | 48d. | 48d. | + +-----------------------+-----------------+----------------+----------------+ + * These rates are telegraphed on the day preceding their receipt. + +In the case of Paris and Berlin it will be noticed that the local rate +of discount is also given, as the value of money in these centres, in +relation to the value of money in London, is the most important factor +in a movement of the exchange. Vienna has become important owing to the +improvement in the financial position of Austria, and still greater +improvement is shown in the case of Italy, whose currency stands in the +above list better even than that of France. Spain, which should stand at +about the same rate, still has a depreciated paper currency. Lisbon +stands also at a discount, as the milreis should be worth 53-1/4 pence. + +In Russia the exchange showing 94.10 roubles to L10 is carefully and +cleverly controlled in spite of the bad internal position. The India +exchanges move slightly, as the currency is firmly established at the +rate of 15 rupees to the L1. Hong-Kong quotes for the old Mexican dollar +and a British trade dollar; Shanghai for the tael containing on an +average 517-1/2 grains of fine silver. The Straits Settlements have +fixed their money on a gold basis at 2s. 4d. per dollar, on the lines of +the arrangement made in India. In Japan there is a gold standard, and +par of exchange is 2s. 0-1/2d. for the yen. Brazil, Chile and Argentina +have a depreciated paper currency, and the last quotation of 48d. is for +the gold dollar equal to five francs, but there is a premium on gold in +the River Plate of 127.27-1/2% and for the present a gold standard is +re-established on this basis. The letters T.T. with the eastern +exchanges signify telegraphic transfer or the rate for payments made by +cable. The very important New York rates are always given in another +part of the daily paper with other details of American commercial +interest. + +These rates are all quotations for payments in England, and all over the +world the exchange on London is the exchange of the greatest importance. +This unique position was gained originally, probably, through the +geographical position of the United Kingdom, and has been maintained +owing to several reasons which secure to London a peculiar position by +comparison with any other capital. Britain's colossal trade ensures a +supply of and a demand for English remittances. Even when goods or +produce are dealt in between foreign countries a credit is opened in +London, so that the shipper of the produce can offer in the local market +a bill of exchange which is readily saleable. With the highly developed +banking system a large amount of deposits is collected in London, and +the result is that bills of any usance up to six months can be +immediately discounted, and the proceeds, if required, can be handed +over in gold. There are in London a great number of wealthy banks and +banking houses whose reputation and solidity allow any one of them to +accept bills for amounts varying from one to ten millions sterling, +whereby large commissions are earned. + +These four advantages, namely, a free gold market, a huge trade, an +enormous accumulation of wealth, and a discount market such as exists +nowhere else, have made London an unrivalled financial centre, and +consequently bills on London are an international money and the best +medium of exchange. + + AUTHORITIES.--_A B C of the Foreign Exchanges_, by George Clare; + _Foreign Exchanges_, by Goschen; _Arbitrage_, by Deutsch; _Arbitrages + et Parites_, by Ottomar Haupt; Swoboda, _Arbitrage_ (12th edition), by + Max Fuerst. (E. M. Ha.) + + + + +EXCHEQUER. The word "exchequer" is the English form of the Fr. +_echiquier_, low Lat. _scaccarium_, and its primary meaning is a +chess-board (see CHESS). As the name of a government department dealing +with accounts it is derived from the exchequer or the "abacus" by means +of which such accounts were kept, such a contrivance being almost +universally in use before the introduction of the Arabic notation. In +England the department or court of accounts was named originally "the +tallies" from the notched sticks or tallies which constituted the +primitive means of account-keeping (which were only abolished in 1826), +and was only subsequently, probably in the reign of Henry I., named the +exchequer from the use of the abacus. Both the name and the general +features of the institution may reasonably be attributed to Norman +influence, since we find both in Normandy and in the Norman kingdom of +Sicily, as well as in Scotland and Ireland; the two latter cases being +directly due to English example. As a court of law the exchequer owed +its existence in England, as elsewhere, to the necessity of deciding +legal questions arising from matters of account, and its secondary +activities soon overshadowed its original functions. + +We cannot say whether the exchequer, as known in England, is older than +the beginning of the 12th century. The treasury, which may be regarded +as one of its constituents, dates from before the conquest, and the +officers of the exchequer who were drawn from the treasury staff can be +traced back to Domesday. But our earliest information about the +exchequer itself, apart from that afforded by the pipe rolls (see +RECORD), rests on a treatise (_Dialogus de Scaccario_) written about +A.D. 1179 by Richard, bishop of London and treasurer of England. His +father, Nigel, bishop of Ely, had been treasurer of Henry I., and nephew +to that king's great financial minister Roger, bishop of Salisbury. +Nigel is said to have reconstituted the exchequer after the troubles of +Stephen's reign upon the model which he inherited from his uncle. The +Angevin, or rather the Norman, exchequer cannot be regarded in +strictness as a permanent department. It consisted of two parts: the +lower exchequer, which was closely connected with the permanent treasury +and was an office for the receipt and payment of money; and the upper +exchequer, which was a court sitting twice a year to settle accounts and +thus nearly related to the Curia Regis (q.v.). We dare hardly say that +either exchequer existed in vacation; indeed the word (like the word +"diet") seems to have been limited at first to the actual sitting of the +king's court for financial purposes. The Michaelmas and Easter +exchequers were the sessions of this court "at the exchequer" or +chess-board as it had previously sat "at the tallies." The constitution +of the court was that of the normal Frankish curia. The king was the +nominal president, and the court consisted of his great officers of +state and his barons, or tenants-in-chief, and it is doubtless due to +the fact that the exchequer was originally the curia itself sitting for +a special purpose that its unofficial judges retained the name of +"barons" until recent times. Of the great officers we may probably find +the steward in the person of the justiciar, the normal president of the +court. He sat at the head of the exchequer table. The butler was not +represented. The chancellor sat on the justiciar's left; he was +custodian _ex officio_ of the seal of the court, and thus responsible +for the issue of all writs and summonses, and moreover for the keeping +of a duplicate roll of accounts embodying the judgments of the court. On +the left of the chancellor, and thus clear of the table, since their +services might be required elsewhere at any moment, sat the constable, +the two chamberlains and the marshal. The constable was the chief of the +outdoor service of the court, and was responsible for everything +connected with the army, or with hunting and hawking. The two +chamberlains were the lay colleagues of the treasurer, and shared with +him the duty of receiving and paying money, and keeping safe the seal of +the court, and all the records and other contents of the treasury. The +marshal, who was subordinate to the constable, shared his duties, and +was specially responsible for the custody of prisoners and of the +vouchers produced by accountants. At the head of the table on the +justiciar's right sat, in Henry II.'s time, an extraordinary member of +the court, the bishop of Winchester. The treasurer, like the chancellor +a clerk, sat at the head of the right-hand side of the table. He charged +the accountants with their fixed debts, and dictated the contents of the +great roll of accounts (or pipe roll) which embodied the decisions of +the court as to the indebtedness of the sheriffs and other accountants. +These persons with certain subordinates constituted the court of +accounts, or upper exchequer, whereas the lower exchequer, or exchequer +of receipt, consisted almost exclusively of the subordinates of the +treasurer and chamberlains. In the upper exchequer the justiciar +appointed the calculator, who exhibited the state of each account by +means of counters on the exchequer table, so that the proceedings of the +court might be clear to the presumably illiterate sheriff. The +calculator sat in the centre of the side of the table on the president's +left. The chancellor's staff consisted of the _Magister Scriptorii_ +(probably the ancestor of the modern master of the rolls), whose duties +are not stated; a clerk (the modern chancellor of the exchequer) who +settled the form of all writs and summonses, charged the sheriff with +all fines and amercements, and acted as a check on the treasurer in the +composition of the great roll; and a scribe (afterwards the comptroller +of the pipe), who wrote out the writs and summonses and kept a duplicate +of the great roll, known as the chancellor's roll. The constable's +subordinates were the marshal and a clerk, who, besides the duty of +paying outdoor servants of the crown, had the special task of producing +duplicates of all writs issued by the Curia Regis. The treasurer and +chamberlains, being colleagues, had a joint staff, the clerical or +literate members of which were servants of the treasurer, while the lay +or illiterate members depended on the chamberlains. Hence while the +treasurer and his clerks kept their accounts by means of rolls, the +chamberlains and their serjeants duplicated them so far as possible by +means of tallies. Thus the great roll was written by the treasurer's +scribe (the engrosser, afterwards the clerk of the pipe), while the +payments on account and other allowances to be credited to the sheriff +were registered by the tally cutter of the chamberlains. + +In the exchequer of receipt the staff was similarly divided between the +treasurer and chamberlains; the treasurer having a clerk who kept the +issue and receipt rolls (the later clerk of the pells) and four tellers, +while each of the chamberlains was represented by a knight (afterwards +the deputy chamberlains), who controlled the clerk's account by means of +tallies, and held their lands by this serjeanty; these three had joint +control of the treasury, and could not act independently. The other +serjeants were the knight or "pesour" who weighed the money, the melter +who assayed it, and the ushers of the two exchequers. It should be noted +that all the lay offices of the treasury in both exchequers were +hereditary. Henry II. had also a personal clerk who supervised the +proceedings personally in the upper, and by deputy in the lower, +exchequer. + +The business of the ancient exchequer was primarily financial, although +we know that some judicial business was done there and that the court of +common pleas was derived from it rather than from the curia proper. The +principal accountants were the sheriffs, who were bound, as the king's +principal financial agents in each county, to give an account of their +stewardship twice a year, at the exchequers of Easter and Michaelmas. +Half the annual revenue was payable at Easter, and at Michaelmas the +balance was exacted, and the accounts made up for the year, and formally +enrolled on the pipe roll. The fixed revenue consisted of the farms of +the king's demesne lands within the counties, of the county mints, and +of certain boroughs (see BOROUGH) which paid annual sums as the price of +their liberties. Danegeld was also regarded as fixed revenue, though +after the accession of Henry II. it was not frequently levied. There +were also rents of assarts and purprestures and mining and other +royalties. The casual revenue consisted of the profits of the feudal +incidents (escheat, wardship and marriage), of the profits of justice +(amercements, and goods of felons and outlaws), and of fines, or +payments made by the king's subjects to secure grants of land, wardships +or marriages, and of immunities, as well as for the hastening and +sometimes the delaying of justice. Besides this, there were the revenues +arising from aids and scutages of the king's military tenants, tallages +of the crown lands, customs of ports, and special "gifts," or general +assessments made on particular occasions. For the collection of all +these the sheriff was primarily responsible, though in some cases the +accountants dealt directly with the exchequer, and were bound to make +their appearance in person on the day when the sheriff accounted. + +We gather both from tradition and from the example of the Scottish +exchequer that the farms of demesne lands were originally paid in kind, +by way of purveyance for the royal household, and although such farms +are expressed even in Domesday Book in terms of money, the tradition +that there was a system of customary valuation is a sufficient +explanation, and not of itself incredible. At some date, possibly under +the administration of Roger of Salisbury, the inconvenience of this +arrangement led to the substitution of money payments at the exchequer. +The rapid deterioration of a small silver coinage led to successive +efforts to maintain the value of these payments, first by a "scale" +deduction of 6d. in the L for wear, then by the substitution of payment +by weight for payment by tale, and finally by the reduction of most of +such payments to their pure silver value by means of an assay, a process +originally confined to payments from particular manors. Only the farms +of counties, however, were so treated, and not all of those. The amount +to be deducted in these cases was settled by the weighing and assaying +of a specimen pound of silver in the presence of the sheriff by the +pesour and the melter in the lower exchequer. The casual revenue was +paid by tale, and for the determination of its amount it was necessary +to have copies of all grants made in the chancery on which rents were +reserved, or fines payable. These were known first as _contrabrevia_ and +later as _originalia_; the profits of justice were settled by the +delivery of "estreats" from the justices, while for certain minor +casualties the oath of the sheriff was at first the only security. At a +later date many of them were determined by copies of inquisitions sent +in from the chancery. All this business might be transacted anywhere in +England, and though convenience placed the exchequer first at Winchester +(where the treasury was), and afterwards usually at Westminster, it held +occasional sessions at other towns even in the 14th century. + +The Angevin exchequer, described by Richard the Treasurer, remained the +ideal of the institution throughout its history, and the lineaments of +the original exemplar were never completely effaced; but the rapid +increase both of financial and judicial business led to a multiplication +of machinery and a growing complexity of constitution. Even in the time +of Henry II. we gather that the great officers of state, except the +treasurer and chancellor, commonly attended by deputy. In the reign of +Henry III. the chancellor had also ceased to attend, and his clerk +acquired the title of chancellor of the exchequer. To the same period +belongs the institution of the king's and lord treasurer's +remembrancers. These at first had common duties and kept duplicate +rolls, but by the ordinance of 1323 their functions were differentiated. +Henceforward the king's remembrancer was more particularly concerned +with the casual, and the lord treasurer's remembrancer with the fixed +revenue. The former put all debts in charge, while the latter saw to +their recovery when they had found their way on to the great roll. Hence +the preliminary stages of each account, the receiving and registering of +the king's writs to the treasurer and barons, and the drawing up of all +particulars of account, lay with the king's remembrancer, and he +retained the corresponding vouchers. The lord treasurer's remembrancer +exacted the "remanets" of such accounts as had been enrolled, as well as +reserved rents and fixed revenue, and so became closely connected with +the clerk of the pipe. Before the end of the 14th century these three +offices had already crystallized into separate departments. + +In the meantime the increasing length and variety of accounts, as well +as the growth of judicial business, had led to various efforts at +reform. As early as 22 Henry II. it became necessary to remove from the +great roll the debts which it seemed hopeless to levy, and further +ordinances to the same end were made by statute in 54 Henry III. and in +12 Edward I. By this last a special "exannual roll" was established in +which the "desperate debts" were recorded, in order that the sheriff +might be reminded of them yearly without their overloading the great +roll. But the largest accession of financial business arose from the +"foreign accounts," that is to say, the accounts of national services, +which did not naturally form part of the account of any county. These +did not in the reign of Henry II. form a part of the exchequer business. +Such expenses as appear on the pipe roll were paid by the sheriffs, or +by the bailiffs of "honours"; payments out of the treasury itself would +only appear on the receipt and issue rolls, and the "spending +departments" probably drew their supplies from the camera curie, and not +directly from the exchequer. In the course of the 13th century the +exchequer gradually acquired partial control of these national accounts. +Even in 18 Henry II. there is an account for the forests of England, and +soon the mint, the wardrobe and the escheators followed. The undated +statute of the exchequer (probably about 1276) provides for escheators, +the earldom of Chester, the Channel Islands, the customs and the +wardrobe. During the reign of Edward I., the wardrobe account became +unmanageable, since it not only financed the household, army, navy and +diplomatic service, but raised money on the customs independently of the +exchequer. The reform of 1323-1326, due to Walter de Stapledon, in +remedying this state of things, greatly increased the number of "foreign +accounts" by making the great wardrobe (the storekeeping department), +the butler, purveyors, keepers of horses or of the stud, the clerk of +the "hamper" of the chancery (who took the fees for the great seal), and +the various ambassadors, directly accountable to the exchequer. At the +same time the sheriffs' accounts were expedited by the further +simplification of the great roll, and by appointing a special officer, +the "foreign apposer," to take the account of the "green wax," or +estreats, so that two accounts could go on at once. Another baron (the +5th or cursitor baron) was appointed, and the whole business of foreign +accounts was transferred to a separate building where one baron and +certain auditors spent their whole time in settling the balances due on +the accounts already mentioned, as well as those of castles, &c., not +let to farm, Wales, Gascony, Ireland, aids (clerical and lay), +temporalities of vacant bishoprics, abbeys, priories and dignities, +mines of silver and tin, ulnage and so forth. These balances were +accounted for in the exchequer itself, and entered on the pipe roll, but +the preliminary accounts were filed by the king's remembrancer, and +enrolled separately by the treasurer's remembrancer as a supplement to +the pipe roll. + +The next important change, about the end of the 15th century, was the +gradual substitution of special auditors appointed by the crown, known +as the auditors of the prests (the predecessors of the commissioners for +auditing public accounts), for the auditors of the exchequer. Accounts +when passed by them were presented in duplicate and "declared" before +the treasurer, under-treasurer and chancellor. Of the two copies, one, +on paper, was retained by the auditors, the other, on parchment, was +successively enrolled by the king's and lord treasurer's remembrancers, +and finally by the clerk of the pipe, to secure the levying of any +"remanets" or "supers" by process of the exchequer. + +Besides the two great difficulties of the postponement of financial to +legal business, and of preventing the sheriffs from exacting the same +debt twice, the exchequer was, as has been seen, hampered in its +functions by the interference of other departments in financial matters. +Its own branches even acquired a certain independence. The exchequer of +the Jews, which came to an end in 18 Edward I., was such a branch. In 27 +Henry VIII. the court of augmentations was established to deal with +forfeited lands of monasteries. This was followed in 32 & 33 Henry VIII. +by the courts of first-fruits and tenths and of general surveyors. These +were reabsorbed by the exchequer in 1 Mary, but remained as separate +departments within it. But the development of the treasury, which +succeeded to the functions of the camera curie or the king's chamber, +ultimately reduced the administrative functions of the exchequer to +unimportance, and the audit office took over its duties with regard to +public accounts. So that when the statute of 3 & 4 William IV. cap. 99, +removed the sheriff's accounts also from its competence, and brought to +an end the series of pipe rolls which begins in 1130, the ancient +exchequer may be said to have come to an end. (C. J.) + +In 1834 an act was passed abolishing the old offices of the exchequer, +and creating a new exchequer under a comptroller-general, the detailed +business of payments formerly made at the exchequer being transferred to +the paymaster-general, whose office was further enlarged in 1836 and +1848. And in 1866, as the result of a select committee reporting +unfavourably on the system of exchequer control as established in 1834, +the exchequer was abolished altogether as a distinct department of +state, and a new exchequer and audit department established. + +The ancient term exchequer now survives mainly as the official title of +the national banking account of the United Kingdom. This central account +is commonly called the exchequer, and its statutory title is "His +Majesty's Exchequer." It may also be described with statutory authority +as "The Account of the Consolidated Fund of Great Britain and Ireland." +This account is, in fact, divided between the Banks of England and +Ireland. At the head office of each of these institutions receipts are +accepted and payments made on account of the exchequer; but in published +documents the two accounts are consolidated into one, the balances only +at the two banks being shown separately. + +Operations affecting the exchequer are regulated by the Exchequer and +Audit Departments Act 1866. Section 10 prescribes that the gross revenue +of the United Kingdom (less drawbacks and repayments, which are not +really revenue) is payable, and must sooner or later be paid into the +exchequer. Section 11 directs that payments should be made from the fund +so formed to meet the current requirements of spending departments. +Sections 13, 14, 15 lay down the conditions under which money can be +drawn from the exchequer. Drafts on the exchequer require the approval +of an officer independent of the executive government, the comptroller +and auditor-general. But the description of the formal procedure +required by statute cannot adequately express the actual working of the +system, or the part it plays in the national finance. The simplicity of +the system laid down by the act of 1866 has been disturbed by the +diversion of certain branches or portions of revenue from the exchequer +to "Local Taxation Accounts," under a system initiated by the Local +Government Act 1888, and much extended since. + +While the exchequer is, as already stated, the central account, it is +not directly in contact with the details of either revenue or +expenditure. As regards revenue, the produce of taxes and other sources +of income passes, in the first instance, into the separate accounts of +the respective receiving departments--mainly, of course, those of the +customs, inland revenue and post office. A not inconsiderable portion is +received in the provinces, and remitted to London or Dublin by bills or +otherwise, and the ultimate transfers to the exchequer are made (in +round sums) from the accounts of the receiving departments in London or +in Dublin. Thus, there are always considerable sums due to the exchequer +by the revenue departments; on the other hand, as floating balances are +(for the sake of economy) used temporarily for current expenses, there +are generally amounts due by the exchequer to the receiving departments; +such cross claims are adjusted periodically, generally once a month. The +finance accounts of the United Kingdom show the gross amounts due to the +exchequer from the departments, and likewise the amounts payable out of +the gross revenue in priority to the claim of the exchequer. On the +expenditure side a similar system prevails. No detailed payments are +made direct from the exchequer, but round sums are issued from it to +subsidiary accounts, from which the actual drafts for the public +services are met. For instance, the interest on the national debt is +paid by the Bank of England from a separate account fed by transfers of +round sums from the exchequer as required. Similarly, payments for army, +navy and most civil services are met by the paymaster-general out of an +account of his own, fed by daily transfers from the exchequer. + +This system has two noticeable effects. Firstly, it secures the +simplicity and finality of the exchequer accounts, and therefore of all +ordinary statements of national finance. Every evening the chancellor of +the exchequer can tell his position so far as the exchequer is +concerned; on the first day of every quarter the press is able to +comment on the national income and expenditure up to the evening before. +The annual account is closed on the evening of the 31st of March, and +there can be no reopening of the budget of a past year such as may occur +under other financial systems. The second effect of the system is to +introduce a certain artificiality into the financial statements. Actual +facts cannot be reduced to the simplicity of exchequer figures; there is +always (as already explained) revenue received by government which has +not yet reached the exchequer; and there must always be a considerable +outstanding liability in the form of cheques issued but not yet cashed. +The suggested criticism is, however, met if it can be shown that, on the +whole, the differences between the true revenue and the exchequer +receipts, or between the true (or audited) expenditure and the exchequer +issues, are not, taking one year with another, relatively considerable. +The following figures (000's omitted) illustrate this point:-- + + _Expenditure._ + + +-----------+----------+--------------+------------ + | Year. |Exchequer | Audited | Difference.| + | | Issues. | Expenditure. | | + +-----------+----------+--------------+------------+ + | 1888-1889 | L85,674 | L86,070 | L+396 | + | 1889-1890 | 86,083 | 86,033 | - 50 | + | 1890-1891 | 87,732 | 87,638 | - 94 | + | 1891-1892 | 89,928 | 90,125 | +197 | + | 1892-1893 | 90,375 | 90,164 | -211 | + | 1893-1894 | 91,303 | 91,530 | +227 | + | 1894-1895 | 93,919 | 93,818 | -101 | + | 1895-1896 | 97,764 | 97,667 | - 97 | + | 1896-1897 | 101,477 | 101,543 | + 66 | + | 1897-1898 | 102,936 | 103,010 | + 74 | + +-----------+----------+--------------+------------+ + | Total for |L927,191 | L927,598 | L+407 | + | 10 years | | | | + +-----------+----------+--------------+------------+ + + _Revenue._ + + +-----------+----------+--------------+------------+ + | Year. |Exchequer | Actual | Difference.| + | |Receipts. | Revenue. | | + +-----------+----------+--------------+------------+ + | 1888-1889 | L88,473 | L88,038 | L-435 | + | 1889-1890 | 89,304 | 89,416 | +112 | + | 1890-1891 | 89,489 | 89,282 | -207 | + | 1891-1892 | 90,995 | 91,428 | +433 | + | 1892-1893 | 90,395 | 90,181 | -214 | + | 1893-1894 | 91,133 | 91,265 | +132 | + | 1894-1895 | 94,684 | 94,873 | +189 | + | 1895-1896 | 101,974 | 102,031 | + 57 | + | 1896-1897 | 103,960 | 104,089 | +129 | + | 1897-1898 | 106,614 | 106,691 | + 77 | + +-----------+----------+--------------+------------+ + | Total for | L947,011 | L947,294 | L+273 | + | 10 years | | | | + +-----------+----------+--------------+------------+ + + _Surplus._ + + +-----------+----------=--------------+------------+ + | |Exchequer |Diff. between | | + | Year. | Accounts.| Actual Rev. | Difference.| + | | | and Aud. Exp.| | + +-----------+----------+--------------+------------+ + | 1888-1889 | L2,799 | L1,968 | L-831 | + | 1889-1890 | 3,221 | 3,383 | +162 | + | 1890-1891 | 1,757 | 1,644 | -113 | + | 1891-1892 | 1,067 | 1,303 | +236 | + | 1892-1893 | 20 | 17 | - 3 | + | 1893-1894 | -_170_ | -_265_ | - 95 | + | 1894-1895 | 765 | 1,055 | +290 | + | 1895-1896 | 4,210 | 4,364 | +154 | + | 1896-1897 | 2,473 | 2,546 | + 73 | + | 1897-1898 | 3,678 | 3,681 | + 3 | + +-----------+----------+--------------+------------+ + | Total for | L19,820 | L19,696 | L-124 | + | 10 years | | | | + +-----------+----------+--------------+------------+ + +The third column in the above shows the price which has to be paid (in +the form of discrepancies between facts and figures) for the simplicity +secured to statements and records of the national finance by the present +system embodied in the term exchequer. Probably few will think the price +too high in consideration of the advantages secured. + +The principal official who derives a title from the exchequer in its +living sense is, of course, the chancellor of the exchequer. He is the +person named second in the patent appointing commissions for executing +the office of lord high treasurer of Great Britain and Ireland; but he +is appointed chancellor of the exchequer for Great Britain and +chancellor of the exchequer for Ireland by two additional patents. +Although, in fact, the finance minister of the United Kingdom, he has no +_statutory_ power over the exchequer apart from his position as second +commissioner of the treasury; but in virtue of his office he is by +statute master of the mint, senior commissioner for the reduction of the +national debt, a trustee of the British Museum, an ecclesiastical +commissioner, a member of the board of agriculture, a commissioner of +public works and buildings, local government, and education, a +commissioner for regulating the offices of the House of Commons, and has +certain functions connected with the office of the secretary of state +for India. The only other exchequer officer requiring mention is the +comptroller and auditor-general, whose functions as comptroller-general +of the exchequer have been already described. + +The ancient name of the national banking account has been attached to +two of the forms of unfunded national debt. Exchequer bills, which date +from the reign of William and Mary (they took the place of the tallies, +previously used for the same purpose), became extinct in 1897, but +exchequer bonds (first issued by Mr Gladstone in 1853) still possess a +practical importance. An exchequer bond is a promise by government to +pay a specified sum after a specified period, generally three or five +years, and meanwhile to pay interest half-yearly at a specified rate on +that sum. Government possesses no general power to issue exchequer +bonds; such power is only conferred by a special act, and for specified +purposes; but when the power has been created, exchequer bonds issued in +pursuance of it are governed by general statutory provisions contained +in the Exchequer Bills and Bonds Act 1866, and amending acts. These acts +create machinery for the issue of exchequer bonds and for the payment of +interest thereon, and protect them against forgery. + +Some traces may be mentioned of the ancient uses of the name exchequer +which still remain. The chancellor of the exchequer still presides at +the ceremony of "pricking the list of sheriffs," which is a +quasi-judicial function; and on that occasion he wears a robe of black +silk with gold embroidery, which suggests a judicial costume. In England +the last judge who was styled baron of the exchequer (Baron Pollock) +died in 1897. In Scotland the jurisdiction of the barons of the +exchequer was transferred to the court of session in 1856, but the same +act requires the appointment of one of the judges as "lord ordinary in +exchequer causes," which office still exists. In Ireland Lord Chief +Baron Palles was the last to retain the old title. A street near Dublin +Castle is called Exchequer Street, recalling the separate Irish +exchequer, which ceased in 1817. The old term also survives in the full +title of the treasury representative in Scotland, which is "The King's +and the Lord Treasurer's Remembrancer in Exchequer," while his office in +the historic Parliament Square is styled "Exchequer Chambers." + (S. E. S.-R.) + + BIBLIOGRAPHY.--For the early exchequer Thomas Madox's _History and + Antiquities of the Exchequer_ (London, 1711) remains the standard + authority, and in it the _Dialogus de Scaccario_ of Richard the + Treasurer (1179) was first printed (edited since by A. Hughes, C.G. + Crump and C. Johnson, Oxford, 1902). The publications of the Pipe Roll + Society (London, 1884 et seq.), the Pipe Rolls and Chancellor's Roll, + printed by the Record Commission (London, 1833 and 1844), and H. + Hall's edition of the _Receipt Roll of the Exchequer 31 Henry II._ + (London, 1899) should also be consulted. A popular account is in H. + Hall's _Court Life under the Plantagenets_ (London, 1901), and a + careful study in Dr Parow's thesis, _Compotus Vicecomitis_ (Berlin, + 1906). For the 13th and 14th centuries H. Hall's edition of the _Red + Book of the Exchequer_ (London, Rolls Series, 1896) is essential, as + also the Public Record Office _List of Foreign Accounts_ (London, + 1900). Later practice may be gathered from the similar _List and Index + of Declared Accounts_ (London, 1893), and from such books as Sir T. + Fanshawe's _Practice of the Exchequer Court_, written about A.D. 1600 + (London, 1658); Christopher Vernon's _The Exchequer Opened_ (London, + 1661), or Sir Geoffrey Gilbert's _Treatise on the Court of Exchequer_ + (London, 1758), as well as from the statutes abolishing various + offices in the exchequer. H. Hall's _Antiquities of the Exchequer_ + (London, 1891) gives many interesting details of various dates. For + the Scottish exchequer _The Exchequer Rolls of Scotland_ (Edinburgh, + 1878 et seq.) should be consulted, while Gilbert's book noted above + gives some details on that of Ireland. See also Appendix 13 to the + great account of _Public Income and Expenditure from 1688 to 1869_, in + three volumes, prepared for parliament by H.W. Chisholm (1869); and + for sidelights on the working of the office from 1825 to 1866 the + reminiscences of the same author (the last chief clerk of the + exchequer) in _Temple Bar_ (January to April 1891). + + + + +EXCISE (derived through the Dutch, _excijs_ or _accijs_, possibly from +Late Lat. _accensare_,--ad, to, and census, tax; the word owes something +to a confusion with _excisum_, cut out), a term now well known in public +finance, signifying a duty charged on home goods, either in the process +of their manufacture, or before their sale to the home consumers. This +form of taxation implies a commonwealth somewhat advanced in +manufactures, markets and general riches; and it interferes so directly +with the industry and liberty of the subject that it has seldom been +introduced save in some supreme financial exigency, and has as seldom +been borne, even after long usage, with less than the ordinary +impatience of taxation. Yet excise duties can boast a respectable +antiquity, having a distinct parallel in the _vectigal rerum venalium_ +(or toll levied on all commodities sold by auction, or in public market) +of the Romans. But the Roman excise was mild compared with that of +modern nations, having never been more than _centesima_, or 1%, of the +value; and it was much shorter lived than the modern examples, having +been first imposed by Augustus, reduced for a time one-half by Tiberius, +and finally abolished by Caligula, A.D. 38, so that the Roman excise +cannot have had a duration of much more than half a century. Its +remission must have been deemed a great boon in the marts of Rome, since +it was commemorated by the issue of small brass coins with the legend +_Remissis Centesimis_, specimens of which are still to be found in +collections. + +The history of this branch of revenue in the United Kingdom dates from +the period of the civil wars, when the republican government, following +the example of Holland, established, as a means of defraying the heavy +expenditure of the time, various duties of excise, which the royalists +when restored to power found too convenient or too necessary to be +abandoned, notwithstanding their origin and their general unpopularity. +On the contrary, they were destined to be steadily increased both in +number and in amount. It is curious that the first commodities selected +for excise were those on which this branch of taxation, after great +extension, had again in the period of reform and free trade been in a +manner permanently reduced, viz. malt liquors, and such kindred +beverages as cider perry and spruce beer. The other excise duties +remaining are chiefly in the form of licences, such as to kill game and +to use and carry guns, to sell gold and silver plate, to pursue the +business of appraisers or auctioneers, hawkers or pedlars, pawnbrokers +or patent-medicine vendors, to manufacture tobacco or snuff, to deal in +sweets or in foreign wines, to make vinegar, to roast malt, or to use a +still in chemistry or otherwise. It may be presumed that the policy of +the licence duties was at first not so much to collect revenue, though +in the aggregate they yielded a large sum, as to guard the main sources +of excise, and to place certain classes of dealers, by registration and +an annual payment to the exchequer, under a direct legal responsibility. +The excise system of the United Kingdom as now pruned and reformed, +however, while still the most prolific of all the sources of revenue, is +simple in process, and is contentedly borne as compared with what was +the case in the 18th, and the beginning of the 19th century. The wars +with Bonaparte strained the government resources to the uttermost, and +excise duties were multiplied and increased in every practicable form. +Bricks, candles, calico prints, glass, hides and skins, leather, paper, +salt, soap, and other commodities of home manufacture and consumption +were placed, with their respective industries, under excise surveillance +and fine. When the duties could no longer be increased in number, they +were raised in rate. The duty on British spirits, which had begun at a +few pence per gallon in 1660, rose step by step to 11s. 8-1/4d. per +gallon in 1820; and the duty on salt was augmented to three or fourfold +its value. + +The old unpopularity of excise, though now somewhat out of date, must +have had real enough grounds. It breaks out in English literature, from +songs and pasquinades to grave political essays and legal commentaries. +Blackstone, in quoting the declaration of parliament in 1649 that +"excise is the most easy and indifferent levy that can be laid upon the +people," adds on his own authority that "from its first original to the +present time its very name has been odious to the people of England" +(book i. cap. 8, tenth edition, 1786); while the definition of "excise" +gravely inserted by Dr Johnson in the _Dictionary_, at the imminent risk +of subjecting the eminent author to a prosecution for libel--viz. "a +hateful tax levied upon commodities, and adjudged not by the common +judges of property, but wretches hired by those to whom excise is +paid"--can hardly be ever forgotten. + +The duties of excise in the United Kingdom were, until the passing of +the Finance Act 1908, under the control of the commissioners of inland +revenue; they are now under the control of the commissioners of customs; +the amount raised, apart from changes in the rate, shows a fairly +constant tendency to increase, and is usually regarded as one of the +best tests of the prosperity of the working classes. + +The _spirit duty_ is levied according to the quantity of "proof spirit" +contained in the product of distillation, and the charge is taken at +three different points in the process of manufacture, the trader being +liable for the result of the highest of the three calculations. What is +known as "proof spirit" is obtained by mixing nearly equal weights of +pure alcohol and water, the quantity of pure alcohol being in bulk about +57% of the whole. Owing to the high rate of duty as compared with the +volume and intrinsic value of the spirits, the whole process of +manufacture is carried on under the close supervision of revenue +officials. All the vessels used are measured by them and are secured +with revenue locks; the premises are under constant survey; and notice +has to be given by the distiller of the materials used and of the +several stages of his operations. Though the charge for duty is raised +at the time when the process of distillation is completed, the duty is +not actually paid until the spirits are required for consumption. In the +meanwhile they may be retained in an approved "warehouse," which is also +subject to close supervision. + +The _beer duty_ dates from 1880, in which year it was substituted for +the duty on malt. The specific gravity of the worts depends chiefly on +the amount of sugar which they contain, and is ascertained by the +saccharometer. + +Excise _licences_ may be divided into--(a) licences for the sale or +manufacture of excisable liquors, (b) licences for other trades, such as +tobacco dealers or manufacturers, auctioneers, pawnbrokers, &c., (c) +licences for male servants, carriages, motors and armorial bearings, and +(d) gun, game and dog licences. Nearly the whole of the licence duties +is paid over to the local taxation account. + +The _railway passenger duty_, which was made an excise duty by the +Railway Passenger Duty Act 1847, applies only to Great Britain. It is +levied on all passenger fares exceeding 1d. per mile, the rate being 2% +on urban and 5% on other traffic. + +The other items which go to make up the excise revenue are the charges +on deliveries from bonded warehouses, and the duties on coffee mixture +labels and on chicory. + + For more detailed information reference should be made to Highmore's + _Excise Laws_, and the annual reports of the commissioners of inland + revenue, especially those issued in 1870 and 1885. See also TAXATION; + ENGLISH FINANCE. + + + + +EXCOMMUNICATION (Lat. _ex_, out of, away from; _communis_, common), the +judicial exclusion of offenders from the rights and privileges of the +religious community to which they belong. The history of the practice of +excommunication may be traced through (1) pagan analogues, (2) Hebrew +custom, (3) primitive Christian practice, (4) medieval and monastic +usage, (5) modern survivals in existing Christian churches. + +1. Among pagan analogues are the Gr. [Greek: chernibon eirgesthai] +(Demosth. 505, 14), the exclusion of an offender from purification with +holy water. This exclusion was enforced in the case of persons whose +hands were defiled with bloodshed. Its consequences are described Aesch. +_Choeph._ 283, _Eum._ 625 f., Soph. _Oed. Tyr._ 236 ff. The Roman +_exsecratio_ and diris _devotio_ was a solemn pronouncement of a +religious curse by priests, intended to call down the divine wrath upon +enemies, and to devote them to destruction by powers human and divine. +The Druids claimed the dread power of excluding offenders from sacrifice +(Caes. _B.G._ vi. 13). Primitive Semitic customs recognize that when +persons are laid under a ban or taboo (_herem_) restrictions are imposed +on contact with them, and that the breach of these involves supernatural +dangers. Impious sinners, or enemies of the community and its god, might +be devoted to utter destruction. + +2. _Hebrew Custom._--In a theocracy excommunication is necessarily both +a civil and a religious penalty. The word used in the New Testament to +describe an excommunicated person, [Greek: anathema](1 Cor. xvi. 22, +Gal. i. 8-9, Rom. ix. 3), is the Septuagint rendering of the Hebrew +_herem_. The word means "set apart" (cf. HAREM), and does not +distinguish originally between things set apart because devoted to God +and things devoted to destruction. Lev. xxvii. 16-34 defines the law for +dealing with "devoted" things; according to v. 28 "No devoted thing that +a man shall devote unto the Lord, of all that he hath, whether of man or +beast, or of the field of his possession, shall be sold or redeemed. +None devoted shall be ransomed, he shall surely be put to death." As in +Greece and Rome whole cities or nations might be devoted to destruction +by pronouncement of a ban (Numbers xxi. 2, 3, Deut. ii. 34, iii. 6, vii. +2). Occasionally Israelites as well as aliens fall under the curse +(Judg. xxi. 5, 11). A milder form of penalty was the temporary +separation or seclusion (_niddah_) prescribed for ceremonial +uncleanness. This was the ordinary form of religious discipline. In the +time of Ezra the Jewish "magistrates and judges" among their +ecclesiastico-civil functions have the right of pronouncing sentence +whether it be unto death, or to "rooting out," or to confiscation of +goods, or to imprisonment (Ezra vii. 26). There is also a lighter form +of excommunication which "devotes" the goods of an offender, but only +separates him from the congregation. Both major and minor kinds of +excommunication are recognized by the Talmud. The lesser (_niddah_) +involved exclusion from the synagogue for thirty days, and other +penalties, and might be renewed if the offender remained impenitent. The +major excommunication (_herem_) excluded from the Temple as well as the +synagogue and from all association with the faithful. Spinoza was +excommunicated (July 16, 1656) for contempt of the law. Seldon (_De jure +nat. et gen._, iv. 7) gives the text of the curse pronounced on the +culprit. The _Exemplar Humanae Vitae_ of Uriel d'Acosta also deserves +reference. The practice of the Jewish courts in New Testament times may +be inferred from certain passages in the Gospels. Luke vi. 22, John ix. +22, xii. 42 indicate that exclusion from the synagogue was a recognized +penalty, and that it was probably inflicted on those who confessed Jesus +as the Christ. John xvi. 2 ("Whosoever killeth you," &c.) may point to +the power of inflicting the major penalty. The Talmud itself says that +the judgment of capital cases was taken away from Israel forty years +before the destruction of the Temple. "Forty" is probably a round number +without historical value, but the circumstance recorded by this +tradition and confirmed by the evangelist's account of the trial of +Jesus is historical, and is to be regarded as one of several +restrictions imposed on the Jewish courts in the time of the Roman +procurators. + +3. _Primitive Christian Practice._--The use of excommunication as a form +of Christian discipline is based on the precept of Christ and on +apostolic practice. The general principles which govern the exclusion of +members from a religious community may be gathered from the New +Testament writings. Matt. xviii. 15-17 prescribes a threefold +admonition, first privately, then in the presence of witnesses (cf. +Titus iii. 10), then before the church. This is a graded procedure as in +the Jewish synagogue and makes exclusion a last resort. Nothing is said +as to the nature and effects of excommunication. The tone of the passage +when compared with the disciplinary methods of the synagogue indicates +that its purpose was to introduce elements of reason and moral suasion +in place of sterner methods. Its object is rather the protection of the +church than the punishment of the sinner. The offender is only treated +as a heathen and publican when the purity and safety of the church +demand it. In the _locus classicus_ on this subject (1 Cor. v. 5) Paul +refers to a formal meeting of the Corinthian church at which the +incestuous person is "delivered unto Satan for the destruction of the +flesh that the spirit may be saved in the day of the Lord Jesus." These +are mysterious words implying (1) a formal ecclesiastical censure, (2) a +physical penalty, (3) the hope of a spiritual result. The form of +penalty which would meet these conditions is not explained. There is a +reference in 2 Cor. ii. 6-11 to a case of discipline which may or may +not be the same. If it be the same it indicates that the excommunication +had not been final; the offender had been received back. If it be not +the same it shows the Corinthian church exercising discipline +independently of apostolic advice. Up to this point there is no +established formal practice. 1 Tim. i. 20 ("Hymenaeus and Alexander whom +I delivered unto Satan that they might be taught not to blaspheme") +seems to refer to an excommunication, but it does not appear whether the +apostle had acted as representing a church, nor is there anything to +explain the exact consequences or limits of the deliverance to Satan. 1 +Cor. xvi. 22, Gal. i. 8, 9, Rom. ix. 3 refer to the practice of +regarding a person as anathema. Taking these passages as a whole they +seem to point to an exclusion from church fellowship rather than to a +final cutting off from the hope of salvation. In the pastoral letters +there is already a formal and recognized method of procedure in cases of +church discipline. 1 Tim. v. 19, 20 requires two or three witnesses in +the case of an accusation against an elder, and a public reproof. Tit. +iii. 20 recognizes a factious spirit as a reason for excommunication +after two admonitions (cf. Tim. vi. and 2 John v. 10). In 3 John v. 9-10 +Diotrephes appears to have secured an excommunication by the action of a +party in the church. It is clear from these illustrations that within +the New Testament there is development from spontaneous towards strictly +regulated methods; also that the use of excommunication is chiefly for +disciplinary and protective rather than punitive purposes. A process +which is intended to produce penitence and ultimate restoration cannot +at the same time contemplate handing the offender over to eternal +punishment. + +4. _Medieval and Monastic Usage._--The writings of the church Fathers +give sufficient evidence that two degrees of excommunication, the +[Greek: aphorismos] and the [Greek: aphorismos panteles], as they were +generally called, were in use during, or at least soon after, the +apostolic age. The former, which involved exclusion from participation +in the eucharistic service and from the eucharist itself, though not +from the so-called "service of the catechumens," was the usual +punishment of comparatively light offences; the latter, which was the +penalty for graver scandals, involved "exclusion from all church +privileges,"--a vague expression which has sometimes been interpreted as +meaning total exclusion from the very precincts of the church building +(_inter hiemantes orare_) and from the favour of God (Bingham, +_Antiquities of Christian Church_, xvi. 2. 16). For some sins, such as +adultery, the sentence of excommunication was in the 2nd century +regarded as [Greek: panteles] in the sense of being irrevocable. +Difference of opinion as to the absolutely "irremissible" character of +mortal sins led to the important controversy associated with the names +of Zephyrinus, Tertullian, Calistus, Hippolytus, Cyprian and Novatian, +in which the stricter and more montanistic party held that for those who +had been guilty of such sins as theft, fraud, denial of the faith, there +should be no restoration to church fellowship even in the hour of death. +On this point the provincial synods of Illiberis (Elvira) in 305 and of +Ancyra in 315 subsequently came to conflicting decisions, the council of +Elvira forbidding the reception of offenders into communion during life, +and the council of Ancyra fixing a limit to the penalty in the same +cases. But the excommunication was on all hands regarded as being +"medicinal" in its character. It is noteworthy that the word [Greek: +anathema] had fallen into disuse about the beginning of the 4th century, +and that, throughout the same period, no instance of the judicial use of +the phrase [Greek: paradounai to Satana] can be found. + +A new chapter in the history of the church censure may be said to have +begun with the publication of those imperial edicts against heresy, the +first of which, _De summa trinitate et fide catholica_, dates from 380. +Till then exclusion from church privileges had been a spiritual +discipline merely; thenceforward it was to expose a man to serious +temporal risks. Excommunication still continued to be occasionally used +in the spirit of genuine Christian fidelity, as by Ambrose in the case +of Theodosius himself (390); but the temptation to wield it as an +instrument of secular tyranny too often proved to be irresistible. The +church fell back on carnal weapons in her warfare and invoked the +secular powers to uphold the ecclesiastical. In the formula used by +Synesius (410) which is to be found in Bingham's _Antiquities_, we +already find the attention of magistrates specially called to the +censured person. The history of the next thousand years shows that the +magistrates were seldom slow to respond to the appeal. Even the hastiest +survey of that long and interesting period enables the student to notice +a marked development in the theory and practice of excommunication. One +or two points may be specially noted. (1) When the Empire became +nominally Christian and the quality of the church life was sacrificed to +the quantity of its adherents, the original character of excommunication +was lost. The power of excommunication was transferred from the +community to the bishop, and was liable to abuse from personal motives: +Gregory the Great rebukes a bishop for using for private ends power +conferred for the public good (_Epist._ ii. 34). Excommunication became +a common penalty applied in numberless cases (see the _Penitential_ of +Archbishop Theodosius: Haddan and Stubbs, _Councils and Documents_, iii. +1737), and was invested with superstitious terrors. (2) While it had +been held as an undoubted principle by the ancient church that this +sentence could only be passed on living individuals whose fault had been +distinctly stated and fully proved, we find the medieval church on the +one hand sanctioning the practice of excommunication of the dead +(Morinus, _De poenit._ x. c. 9), and, on the other hand, by means of the +papal interdict, excluding whole countries and kingdoms at once from the +means of grace. The earliest well-authenticated instance of such an +interdict is that which was passed (998) by Pope Gregory V. on France, +in consequence of the contumacy of King Robert the Wise. Other instances +are those laid respectively on Germany in 1102 by Gregory VII. +(Hildebrand), on England in 1208 by Innocent III., on Rome itself in +1155 by Adrian IV. (3) While in the ancient church the language used in +excommunicating had been carefully measured, we find an amazing +recklessness in the phraseology employed by the medieval clergy. The +curse of Ernulphus or Arnulphus of Rochester (c. 1100), often quoted by +students of English literature, is a very fair specimen of that class of +composition. With it may be compared the formula transcribed by Dr +Burton in his _History of Scotland_ (iii. 317 ff.). To the spoken word +was added the language of symbol. By means of lighted candles violently +dashed to the ground and extinguished the faithful were graphically +taught the meaning of the greater excommunication--though in a somewhat +misleading way, for it is a fundamental principle of the canon law that +_disciplina est excommunicatio, non eradicatio_. The first instance, +however, of excommunication by "bell, book and candle" is comparatively +late (c. 1190). + +5. _Modem Survivals in Existing Christian Churches._--At the Reformation +the necessity for church discipline did not cease to be recognized; but +the administration of it in many Reformed churches has passed through a +period of some confusion. In some instances the old episcopal power +passed more or less into the hands of the civil magistrate (a state of +matters which was highly approved by Erastus and his followers), in +other cases it was conceded to the presbyterial courts. In the Anglican +Church the bishops (subject to appeal to the sovereign) have the right +of excommunicating, and their sentence, if sustained, may in certain +cases carry with it civil consequences. But this right is in practice +never exercised. In the law of England sentence of excommunication, upon +being properly certified by the bishop, was followed by the writ _de +excommunicato capiendo_ for the arrest of the offender. The statute 5 +Eliz. c. 23 provided for the better execution of this writ. By the 53 +Geo. III. c. 127 (which does not, however, extend to Ireland) it was +enacted that "excommunication, together with all proceedings following +thereupon, shall in all cases, save those hereafter to be specified, be +discontinued." Disobedience to or contempt of the ecclesiastical courts +is to be punished by a new writ, _de contumace capiendo_, to follow on +the certificate of the judge that the defender is contumacious and in +contempt. Sect. 2 provides that nothing shall prevent "any +ecclesiastical court from pronouncing or declaring persons to be +excommunicate on definite sentences pronounced as spiritual censures for +offences of ecclesiastical cognizance." No persons so excommunicated +shall incur any civil penalty or incapacity whatever, save such +sentence of imprisonment, not exceeding six months, as the court shall +direct and certify to the king in chancery. + +In the churches which consciously shaped their polity at or after the +Reformation the principle of excommunication is preserved in the +practice of church discipline. Calvin devotes a chapter in the +_Institutes_ (bk. iv. chap. xii.) to the "Discipline of the Church; its +Principal Use in Censure and Excommunication." The three ends proposed +by the church in such discipline are there stated to be, (1) that those +who lead scandalous lives may not to the dishonour of God be numbered +among Christians, seeing that the church is the body of Christ; (2) that +the good may not be corrupted by constant association with the wicked; +(3) that those who are censured or excommunicated, confounded with +shame, may be led to repentance. He differentiates decisively between +excommunication and anathema. "When Christ promises that what his +ministers bind on earth shall be bound in heaven, he limits the power of +binding to the censure of the church; by which those who are +excommunicated are not cast into eternal ruin and condemnation, but by +having their life and conduct condemned are also certified of their +final condemnation unless they repent. For excommunication differs from +anathema: anathema which ought to be very rarely, or never, resorted to, +in precluding all pardon, execrates a person, and devotes him to eternal +perdition: whereas excommunication rather censures and punishes his +conduct. Yet in such a manner by warning him of his future condemnation +it recalls him to salvation" (_Inst._ bk. iv. chap. xii. 10). The +Reformed churches in England and America accepted the distinction +between public and private offences. The usual provision is that private +offences are to be dealt with according to the rule in Matt. v. 23-24, +xviii. 15-17; public offences are to be dealt with according to the rule +in 1 Cor. v. 3-5, 13. The public expulsion or suspension of the offender +is necessary for the good repute of the church, and its influence over +the faithful members. The expelled member may be readmitted on showing +the fruits of repentance. + +In Scotland three degrees of church censure are recognized--admonition, +suspension from sealing ordinances (which may be called temporary +excommunication), and excommunication properly so-called. Intimation of +the last-named censure may occasionally (but very rarely) be given by +authority of a presbytery in a public and solemn manner, according to +the following formula:--"Whereas thou N. hast been by sufficient proof +convicted (here mention the sin) and after due admonition and prayer +remainest obstinate without any evidence or sign of true repentance: +Therefore in the name of the Lord Jesus Christ, and before this +congregation, I pronounce and declare thee N. excommunicated, shut out +from the communion of the faithful, debar thee from privileges, and +deliver thee unto Satan for the destruction of thy flesh, that thy +spirit may be saved in the day of the Lord Jesus." This is called the +greater excommunication. The congregation are thereafter warned to shun +all unnecessary converse with the excommunicate (see _Form of Process_, +c. 8). Formerly excommunicated persons were deprived of feudal rights in +Scotland; but in 1690 all acts enjoining civil pains upon sentences of +excommunication were finally repealed (Burton's _History_, vii. 435). + +The question whether the power of excommunication rests in the church or +in the clergy has been an important one in the history of English and +American churches. Hooker lays down (_Survey_, pt. 3, pp. 33-46) four +necessary conditions for the execution of a sentence involving church +discipline. "(1) The cause exactly recorded is fully and nakedly to be +presented to the consideration of the congregation. (2) The elders are +to go before the congregation in laying open the rule so far as reacheth +any particular now to be considered, and to express their judgment and +determination thereof, so far as appertains to themselves. (3) Unless +the people be able to convince them of errors and mistakes in their +sentence, they are bound to joyn their judgment with theirs to the +compleating of the sentence. (4) The sentence thus compleatly issued is +to be solemnly passed and pronounced upon the delinquent by the ruling +Elder whether it be of censure or excommunication." In this passage it +is clear that the effective power of discipline is regarded as being +wholly in the power of the individual church or congregation. Hooker +expressly denies the power of synods to excommunicate: "that there +should be Synods, which have _potestatem juridicam_ is nowhere proved in +Scripture because it is not a truth" (_Survey_, pt. 4, pp. 48, 49). + +The confession of faith issued by the London-Amsterdam church (the +original of the Pilgrim Fathers' churches) in 1596 declares that the +Christian congregation having power to elect its minister has also power +to excommunicate him if the case so require (Walker, _Creeds and +Platforms of Congregationalism_, p. 66). In 1603 the document known as +"Points of Difference" (i.e. from the established Anglicanism) submitted +to James I. sets forth: "That all particular Churches ought to be so +constituted as, having their owne peculiar Officers, the whole body of +every Church may meet together in one place, and jointly performe their +duties to God and one towards another. And that the censures of +admonition and excommunication be in due manner executed, for sinne, +convicted, and obstinately stood in. This power also to be in the body +of the Church whereof the partyes so offending and persisting are +members." The _Cambridge Platform_ of 1648 by which the New England +churches defined their practice, devotes ch. xiv. to "excommunication +and other censures." It follows in the main the line of Hooker and +Calvin, but adds (S 6) an important definition: "Excommunication being a +spirituall punishment it doth not prejudice the excommunicate in, nor +deprive him of his _civil_ rights, therfore toucheth not princes, or +other magistrates, in point of their civil dignity or authority. And, +the excommunicate being but as a publican and a heathen, heathen being +lawfully permitted to come to hear the word in church assemblyes; wee +acknowledg therfore the like liberty of hearing the word, may be +permitted to persons excommunicate, that is permitted unto heathen. And +because wee are not without hope of his recovery, wee are not to account +him as an enemy but to admonish him as a brother." The Savoy Declaration +of 1658 defines the theory and practice of the older English +Nonconformist churches in the section on the "Institution of Churches +and the Order appointed in them by Jesus Christ" (xix.). The important +article is as follows:--"The Censures so appointed by Christ, are +Admonition and Excommunication; and whereas some offences are or may be +known onely to some, it is appointed by Christ, that those to whom they +are so known, do first admonish the offender in private: in publique +offences where any sin, before all; or in case of non-amendment upon +private admonition, the offence being related to the Church, and the +offender not manifesting his repentance, he is to be duely admonished in +the Name of Christ by the whole Church, by the Ministery of the Elders +of the Church, and if this Censure prevail not for his repentance, then +he is to be cast out by Excommunication with the consent of the Church." + +In contemporary English Free Churches the purity of the church is +commonly secured by the removal of persons unsuitable for membership +from the church books by a vote of the responsible authority. + (D. Mn.) + + + + +EXCRETION (Lat. _ex_, out of, _cernere_, _cretum_, to separate), in +plant and animal physiology, the separation from an organ of some +substance, also the substance separated. The term usually refers to the +separation of waste or harmful products, as distinguished from +"secretion," which refers to products that play a useful or necessary +part in the functions of the organism. + + + + +EXECUTION (from Lat. _ex-sequor_, _exsecutus_, follow or carry out), the +carrying into effect of anything, whether a rite, a piece of music, an +office, &c.; and so sometimes involving a notion of skill in the +performance. Technically, the word is used in law in the _execution_ of +a deed (its formal signing and sealing), an _execution_ (see below) by +the sheriff's officers under a "writ of execution" (the enforcement of a +judgment on a debtor's goods); and _execution of death_ has been +shortened to the one word to denote CAPITAL PUNISHMENT (q.v.). + +_Civil Execution_ may be defined as the process by which the judgments +or orders of courts of law are made effectual. In Roman law the earliest +mode of execution was the seizure, legalized by the _actio per manus +injectionem_, of the debtor as a slave of the creditor. During the later +Republic, imprisonment took the place of slavery. Under the regime of +the _actio per manus injectionem_, the debtor might dispute the +debt--the issue being raised by his finding a substitute (_vindex_) to +conduct the case for him. By the time of Gaius (iv. 25) the _actio per +manus injectionem_ had been superseded by the _actio judicati_, the +object of which was to enable the creditor to take payment of the debt +or compel the debtor to find security (_pignus in causa judicati captum: +Cautio judicatum solvi_), and in A.D. 320 Constantine abolished +imprisonment for debt, unless the debtor were contumacious. The time +allowed for payment of a judgment debt was by the XII. Tables 30 days; +it was afterwards extended to two months, and ultimately, by Justinian, +to four months. The next stage in the Roman law of execution was the +recognition of bankruptcy either against the will of the bankrupt +(_missio in bona_) or on the application of the bankrupt (_cessio +bonorum_; and see BANKRUPTCY). Lastly, in the time of Antoninus Pius, +judgment debts were directly enforced by the seizure and sale of the +debtor's property. Slaves, oxen and implements of husbandry were +privileged; and movable property was to be exhausted before recourse was +had to land (see Hunter, _Roman Law_, 4th ed. pp. 1029 et seq., Sohm, +_Inst. Rom. Law_, 2nd ed. pp. 302-305). + + GREAT BRITAIN.--The English law of execution is very complicated, and + only a statement of the principal processes can here be attempted. + + _High Court.--Fieri Facias._ A judgment for the recovery of money or + costs is enforced, as a rule, by writ of _fieri facias_ addressed to + the sheriff, and directing him to cause to be made (_fieri facias_) of + the goods and chattels of the debtor a levy of a sum sufficient to + satisfy the judgment and costs, which carry interest at 4% per annum. + The seizure effected by the sheriff or his officer, under this writ, + of the property of the debtor, is what is popularly known as "the + putting-in" of an execution. The seizure should be carried out with + all possible despatch. The sheriff or his officer must not break open + the debtor's house in effecting a seizure, for "a man's house is his + castle" (_Semayne's Case_ [1604], 5 Coke Rep. 91); but this principle + applies only to a dwelling-house, and a barn or outhouse unconnected + with the dwelling-house may be broken into. The sheriff on receipt of + the writ endorses on it the day, hour, month and year when he received + it; and the writ binds the debtor's goods as at the date of its + delivery, except as regards goods sold before seizure in market overt, + or purchased for value, without notice before actual seizure (Sale of + Goods Act 1893, s. 26, which supersedes s. 16 of the Statute of Frauds + and s. 1 of the Mercantile Law Amendment Act 1856). This rule is + limited to goods, and does not apply to the money or bank notes of the + debtor which are not bound by the writ till seized under it (_Johnson_ + v. _Pickering_, Oct. 14, 1907, C.A.). The mere seizure of the goods, + however, although, subject to such exceptions as those just stated, it + binds the interest of the debtor, and gives the sheriff such an + interest in the goods as will enable him to sue for the recovery of + their possession, does not pass the property in the goods to the + sheriff. The goods are in the custody of the law. But the property + remains in the debtor who may get rid of the execution on payment of + the claim and fees of the sheriff [as to which see Sheriffs Act 1887, + s. 20, and order of 21st of August 1888, _Annual Practice_ (1908), + vol. ii. p. 278]. The wearing apparel, bedding, tools, &c., of the + debtor to the value of L5 are protected. Competing claims as to the + ownership of the goods seized are brought before the courts by the + procedure of "interpleader." After seizure, the sheriff must retain + possession, and, in default of payment by the execution debtor, + proceed to sell. Where the judgment debt, including legal expenses, + exceeds L20, the sale must be by public auction, unless the Court + otherwise orders, and must be publicly advertised. The proceeds of + sale, after deduction of the sheriff's fees and expenses, become the + property of the execution creditor to the extent of his claim. The + Bankruptcy Act 1890 (53 & 54 Vict. c. 71, s. 11 [2]) requires the + sheriff in case of sale under a judgment for a sum exceeding L20 to + hold the proceeds for 14 days in case notice of bankruptcy proceedings + should be served upon him (see BANKRUPTCY). The form of the writ of + _fieri facias_ requires the sheriff to make a return to the writ. In + practice this is seldom done unless the execution has been ineffective + or there has been delay in the execution of the writ; but the judgment + creditor may obtain an order calling on the sheriff to make a return. + A sheriff or his officer, who is guilty of extortion in the execution + of the writ, is liable to committal for contempt, and to forfeit L200 + and pay all damages suffered by the person aggrieved (Sheriffs Act + 1887 [50 & 51 Vict. c. 55], s. 29 [2]), besides being civilly liable + to such person. Imprisonment for debt in execution of civil judgments + is now abolished except in cases of default in the nature of + contempt, unsatisfied judgments for penalties, defaults by persons in + a fiduciary character, and defaults by judgment debtors (Debtors Act + 1869 [32 & 33 Vict. c. 62]; Bankruptcy Act 1883 [46 & 47 Vict. c. 52], + ss. 53, 103). Imprisonment for debt has been abolished within similar + limits in Scotland (Debtors [Scotland] Act 1880 [43 & 44 Vict. c. 34] + and Ireland, Debtors [Ireland] Act 1872, 35 & 36 Vict. c. 57). There + may still be imprisonment in England, under the writ--rarely used in + practice--_ne exeat regno_, which issues to prevent a debtor from + leaving the kingdom. + + _Writ of Elegit._--The writ of _elegit_ is a process enabling the + creditor to satisfy his judgment debt out of the lands of the debtor. + It derives its name from the election of the creditor in favour of + this mode of recovery. It is founded on the Statute of Westminster + (1285, 13 Ed. I. c. 18), under which the sheriff was required to + deliver to the creditor all the chattels (except oxen and beasts of + the plough) and _half_ the lands of the debtor until the debt was + satisfied. By the Judgments Act 1838 the remedy was extended to _all_ + the debtor's lands, and by the Bankruptcy Act 1883 the writ no longer + extends to the debtor's goods. The writ is enforceable against legal + interests whether in possession or remainder (_Hood-Barrs_ v. + _Cathcart_, 1895, 2 Ch. 411), but not against equitable interests in + land (_Earl of Jersey_ v. _Uxbridge Rural Sanitary Authority_, 1891, 3 + Ch. 183). When the debtor's interest is equitable, recourse is had to + equitable execution by the appointment of a receiver or to bankruptcy + proceedings. + + The writ is directed to the sheriff, who, after marking on it the date + of its receipt, at once in pursuance of its directions holds an + inquiry with a jury as to the nature and value of the interest of the + debtor in the lands extended under the writ, and delivers to the + creditor at a reasonable price and extent in accordance with the writ, + the lands of which the debtor was possessed in the bailiwick. When the + sheriff has returned and filed a record (in the central office of the + High Court) of the writ and the execution thereof, the execution + creditor becomes "tenant to the elegit." Where the land is freehold + the creditor acquires only a chattel interest in it; where the land is + leasehold he acquires the whole of the debtor's interest (_Johns_ v. + _Pink_, 1900, 1 Ch. 296). The creditor is entitled to hold the land + till his debt is satisfied, or enough to satisfy it is tendered to + him, and under the Judgments Act 1864 the creditor may obtain an order + for sale. Until the land is delivered on execution and the writs which + have effected the delivery are registered in the Land Registry, the + judgment does not create any charge on the land so as to fetter the + debtor's power of dealing with it. Land Charges Registration Acts 1888 + and 1900. (See R.S.C., O. xliii.) + + _Writs of Possession and Delivery._--Judgments for the recovery or for + the delivery of the possession of land are enforceable by writ of + possession. The recovery of specific chattels is obtained by writ of + delivery (R.S.C., O. xlvii., xlviii.). + + _Writ of Sequestration._--Where a judgment directing the payment of + money into court, or the performance by the defendant of any act + within a limited time, has not been complied with, or where a + corporation has wilfully disobeyed a judgment, a writ of sequestration + is issued, to not less than four sequestrators, ordering them to enter + upon the real estate of the party in default, and "sequester" the + rents and profits until the judgment has been obeyed (R.S.C., O. + xliii. r. 6). + + _Equitable Execution._--Where a judgment creditor is otherwise unable + to reach the property of his debtor he may obtain equitable execution, + usually by the appointment of a receiver, who collects the rents and + profits of the debtor's land for the benefit of the creditor (R.S.C., + O. l. rr. 15A-22). But receivers may be appointed of interests in + personal property belonging to the debtor by virtue of the Judicature + Act 1873, s. 25 (8). + + _Attachment._--A judgment creditor may "attach" debts due by third + parties to his debtor by what are known as garnishee proceedings. + Stock and shares belonging to a judgment debtor may be charged by a + charging order, so as, in the first instance, to prevent transfer of + the stock or payment of the dividends, and ultimately to enable the + judgment creditor to realise his charge. A writ of attachment of the + person of a defaulting debtor or party may be obtained in a variety of + cases akin to contempt (e.g. against a person failing to comply with + an order to answer interrogatories, or against a solicitor not + entering an appearance in an action, in breach of his written + undertaking to do so), and in the cases where imprisonment for debt is + still preserved by the Debtors Act 1869 (R.S.C., O. xliv.). CONTEMPT + OF COURT (q.v.) in its ordinary forms is also punishable by summary + committal. + + _County Courts._--In the county courts the chief modes of execution + are "warrant of execution in the nature of a writ of _fieri facias_"; + garnishee proceedings; equitable execution; warrants of possession and + delivery, corresponding to the writs of possession and delivery above + mentioned; committal, where a judgment debtor has, or, since the date + of the judgment has had, means to pay his debt; and attachment of the + person for contempt of court. If the judgment debtor assaults the + bailiff or his officer or rescues the goods, he is liable to a fine + not exceeding L5. + + SCOTLAND.--The principal modes of execution or "diligence" in Scots + law are (i.) Arrestment and furthcoming, which corresponds to the + English garnishee proceedings; (ii.) arrestment _jurisdictionis + fundandae causa_, i.e. the seizure of movables within the jurisdiction + to found jurisdiction against their owner, being a foreigner; this + precedure, which is not, however, strictly a "diligence," as it does + not bind the goods, is analogous to the French _saisie-arret_, and to + the obsolete practice in the mayor's court of London known as "foreign + attachment" (see Glyn and Jackson, _Mayor's Court Practice_, 2nd ed., + vii. 260); (iii.) arrestment under _meditatione fugae_ warrant, + corresponding to the old English writ of _ne exeat regno_, and + applicable in the case of a debtor who intends to leave Scotland to + evade an action; (iv.) arrestment on dependence, i.e. of funds in + security; (v.) poinding, i.e. valuation and sale of the debtor's + goods; (vi.) sequestration, e.g. of tenant's effects under a + landlord's hypothec for rent; (vii.) action of adjudication, by which + a debtor's "heritable" (i.e. real) estate is transferred to his + judgment creditor in satisfaction of his debt or security therefor. In + Scots law "multiplepoinding" is the equivalent of "interpleader." + + IRELAND.--The law of execution in Ireland (see R.S.C., 1905, Orders + xli.-xlviii.) is practically the same as in England. + + BRITISH POSSESSIONS.--The Judicature Acts of most of the Colonies + have also adopted English Law. Parts of the French _Code de procedure + civile_ are still in force in Mauritius. But its provisions have been + modified by local enactment (No. 19 of 1868) as regards realty, and + the rules of the Supreme Court 1903 have introduced the English forms + of writs. Quebec and St Lucia, where French law formerly prevailed, + have now their own codes of Civil Procedure. The law of execution + under the Quebec Code resembles the French, that under the St Lucia + Code the English system. In British Guiana and Ceylon, in which Roman + Dutch law in one form or another prevailed, the English law of + execution has now in substance been adopted (British Guiana Rules of + Court, 1900, Order xxxvi.)., Ceylon (Code of Civil Procedure, No. 2 of + 1889); the modes of execution in the South African Colonies are also + the subject of local enactment, largely influenced by English law (cf. + the Sheriffs' Ordinance, 1902, No. 9 of 1902), (Orange River Colony) + and (Proclamation 17 of 1902), Transvaal (Nathan, _Common Law of South + Africa_, vol. iv. p. 2206); and generally, Van Zyl, _Judicial Practice + of South Africa_, pp. 198 et seq. + + UNITED STATES.--Execution in the United States is founded upon English + law, which it closely resembles. Substantially the same forms of + execution are in force. The provisions of the Statute of Frauds making + the lien of execution attach only on delivery to the sheriff were + generally adopted in America, and are still law in many of the states. + The law as to the rights and duties of sheriffs is substantially the + same as in England. The "homestead laws" (q.v.) which are in force in + nearly all the American States exempt a certain amount or value of + real estate occupied by a debtor as his homestead from a forced sale + for the payment of his debts. This homestead legislation has been + copied in some British colonies, e.g. Western Australia (No. 37 of + 1898, Pt. viii.), Quebec (Rev. Stats., ss. 1743-1748), Manitoba (Rev. + Stats., 1902, c. 58, s. 29, c. 21, s. 9), Ontario (Rev. Stats., 1897, + c. 29), British Columbia (Rev. Stats., 1897, c. 93), New South Wales + (Crown Lands Act 1895, Pt. iii.), New Zealand (Family Homes Protection + Act 1895, No. 20 of 1895). + + FRANCE.--Provisional execution (_saisie-arret_) with a view to obtain + security has been already mentioned. Execution against personalty + (_saisie-execution_) is preceded by a _commandement_ or summons, + personally served upon, or left at the domicile of the debtor calling + on him to pay. The necessary bedding of debtors and of their children + residing with them, and the clothes worn by them, cannot be seized in + execution under any circumstances. Objects declared by law to be + immovable by destination (_immeubles par destination_), such as beasts + of burden and agricultural implements, books relating to the debtor's + profession, to the value of 300 francs, workmen's tools, military + equipments, provisions and certain cattle cannot be seized, even for a + debt due to Government, unless in respect of provisions furnished to + the debtor, or amounts due to the manufacturers or vendors of + protected articles or to parties who advanced moneys to purchase, + manufacture or repair them. Growing fruits cannot be seized except + during the six weeks preceding the ordinary period when they become + ripe. Execution against immovable property (_la saisie immobiliere_) + is preceded also by a summons to pay, and execution cannot issue until + the expiry of 30 days after service of such summons (see further Code + Proc. Civ., Arts. 673-689). Imprisonment for debt was abolished in all + civil and commercial matters by the law of 22nd of July 1867, which + extends to foreigners. It still subsists in favour of the State for + non-payment of fines, &c. The French system is in substance in force + in Belgium (Code Civ. Proc., Arts. 51 et seq.), the Netherlands (Code + Civ. Proc., Arts. 430 et seq.), Italy (Code Civ. Proc., Arts. 553 et + seq., 659 et seq.), and Spain. + + GERMANY.--Under the German Code of Civil Procedure (Arts. 796 et + seq.), both the goods and (if the goods do not offer adequate + security) the person of the debtor may be seized (the process is + called _arrest_) as a guarantee of payment. The debtor's goods cannot + be sold except in pursuance of a judgment notified to the debtor + either before or within a prescribed period after the execution (Art. + 809 [3], and law of 30th of April 1886). Imprisonment for debt in + civil and commercial matters has been abolished or limited on the + lines of the French law of 1867 in many countries (e.g. Italy, law of + the 6th of December 1877; Belgium, law of the 27th of July 1871; + Greece, law of the 9th of March 1900; Russia, decree of the 7th of + March 1879). + + AUTHORITIES.--Anderson, _Execution_ (London, 1889); _Annual Practice_ + (London, 1908); Johnston Edwards, _Execution_ (London, 1888); Mather, + _Sheriff Law_ (London, 1903). As to Scots law, Mackay, _Manual of + Practice_ (Edinburgh, 1893). As to American law, Bingham, _Judgments + and Executions_ (Philadelphia, 1836); A.C. Freeman, _Law of + Execution_, Civil Cases (3rd ed., San Francisco, 1900); H.M. Herman, + _Law of Executions_ (New York, 1875); American Notes to _tit._ + "Execution," in _Ruling Cases_ (London and Boston, 1897); Bouvier, + _Law Dict._, ed. Rawle (1897), s.v. "Execution." + + + + +EXECUTORS AND ADMINISTRATORS, in English law, those persons upon whom +the property of a deceased person both real and personal devolves +according as he has or has not left a will. Executors differ from +administrators both in the mode of their creation and in the date at +which their estate vests. An executor can only be appointed by the will +of his testator; such appointment may be express or implied, and in the +latter case he is said to be an executor "according to the tenor." The +estate of an executor vests in him from the date of the testator's +death. An administrator on the other hand is appointed by the probate +division of the High Court, and his estate does not vest till such +appointment, the title to the property being vested till then in the +judge of the probate division. As to whom the court will appoint +administrators and the various kinds of administrators see under +ADMINISTRATION. Apart from these two points the rights and liabilities +of executors and administrators are the same, and they may be +indifferently referred to as the representative of the deceased. As to +their appointment before the establishment of the court of probate see +articles WILL and INTESTACY. Before the Land Transfer Act 1897, the real +estate of the deceased did not devolve upon the representative but +vested directly in the devisee or heir-at-law, but by that act it was +provided that the personal representative should be also the real +representative, and therefore it may now be said broadly that the +representative takes the whole estate of the deceased. There are, +however, a few minor exceptions to this rule, of which the most +important are lands held in joint tenancy and copyhold lands. As the +representative stands in the shoes of the deceased he is entitled to sue +upon any contract or for any debt which the deceased might have sued in +his lifetime. + + The duties of a representative are as follows: 1. To bury the deceased + in a manner suitable to the estate he leaves behind him; and the + expenses of such funeral take precedence of any duty or debt whatever; + but extravagant expenses will not be allowed. No rule can be laid down + as to what is a reasonable allowance for this purpose, as it is + impossible to know at the time of the funeral what the estate of the + deceased may amount to. The broad rule is that the representative must + allow such sum as seems reasonable, having regard to all the + circumstances of the case and the conditions in life of the deceased, + remembering that if he should exceed this he will be personally liable + for such excess in the event of the estate proving insolvent. + + 2. He must obtain probate or letters of administration to the deceased + within six months of the death, or, if such grant be disputed, within + two months of the determination of such suit. The penalty for not + doing so is fixed by the Stamp Act 1815, S 37, at L100, and an + additional stamp duty at the rate of 10%. As to the formalities of + PROBATE see that article. + + 3. Strictly speaking, he must compile an inventory of all the estate + of the deceased, whether in possession or outstanding, and he is to + deliver it to the court on oath. He is to collect all the goods so + inventoried and to commence actions to get in all those outstanding, + and he is responsible to creditors for the whole of such estate, + whether in possession or in action. This duty is thrown upon the + representative by an act of 1529, but it is not the modern practice to + exhibit such inventory unless he be cited for it in the spiritual + court at the instance of a party interested. It is, however, necessary + to file an affidavit setting out the value of the estate of the + deceased upon applying for a grant of probate or letters of + administration. + + 4. The representative must pay the debts of the deceased according to + their priority. Next to the legitimate funeral expenses come the costs + of proving and administering the estate; in the event, however, of the + funeral and testamentary expenses being charged by the will upon any + particular fund, they will be primarily payable out of that fund. The + representative must be careful to pay the debts according to the rules + of priority, otherwise he will become personally liable to the + creditors of one degree if he has exhausted the estate in paying + creditors of a lesser degree. First of all, a solicitor has a lien for + his costs upon any fund or duty which he has recovered for the + deceased; next in order come debts due to the crown by record or + speciality; then debts given a priority by statute, as, for example, + by the Poor Relief Act 1743, money due by an overseer of the poor to + his parish. Next, debts of record, i.e. judgment recovered against + the deceased in any court of record; all such debts are equal among + themselves, but a judgment creditor who has sued out execution is + preferred to one who has not; another class of debts of record are + statutes merchant and staple, or recognizances in the nature of + statute staple, i.e. bonds of record acknowledged before the lord + mayor of London or the mayor of the staple. Last in the order of debts + come specialty and simple contract debts, which by Hinde Palmer's Act + (the Executors Act 1869) are of equal degree, though as between + specialty debts bonds given for value rank before voluntary bonds + unless assigned for value, and as between simple contract debts those + due to the crown have priority. Though the creditors can if necessary + take all the estate of the deceased to satisfy their claims, yet as + between the various classes of assets the representative must pay the + debts out of assets in the following order: (i.) General personal + estate not specifically bequeathed nor exempted from payment of debts; + (ii.) real estate appropriated to debts; (iii.) real estate descended; + (iv.) real estate devised charged with payment of debts; (v.) general + pecuniary legacies _pro rata_; (vi.) specific legacies and devises; + (vii.) real estate over which a general power of appointment has been + exercised by will; (viii.) the widow's paraphernalia. + + 5. The debts of the deceased being satisfied, the representative must + next proceed to satisfy the legacies and devises left by the testator. + In order to enable him to do this with safety to himself, it is + provided that he cannot be compelled to divide the estate among the + legatees or next of kin until twelve months from the death of the + deceased (this is commonly known as "the executor's year"), though if + there is no doubt as to the solvency of the estate he may do so at + once. As a further protection the representative may give notice by + advertisement for creditors to send in their claims against the + estate, and on expiration of the notices he may proceed to divide the + estate, though even then the creditor may follow the assets to the + person who has received them and recover for his debt. As between + legatees the following priorities must be observed: (1) Specific + legatees and devisees, (2) demonstrative legatees, and (3) general + legatees; and as to this last class the testator can give priority to + one over another. If there are not sufficient assets to pay the + general legatees they must abate rateably. Legacies were not payable + out of the real estate prior to the Land Transfer Act 1897, unless the + testator charged the realty with them. Even then unless the testator + exonerates his personalty from payment of the legacies the personalty + will be the first fund chargeable. It has been suggested that the + effect of the act is to make the realty chargeable _pro rata_ with the + personalty, but this is doubtful. + + 6. The residue, after all legacies and devises are satisfied, must, if + there be a will, be paid to the residuary legatee therein named, and + if there be no will the real estate will go to the heir (see + INHERITANCE) and the personalty to the next of kin (see INTESTACY). It + was held at one time that in default of a residuary legatee the + residue fell to the executor himself, but now nothing less than the + expressed intention of the testator can give it to him. + + The liabilities of the representative may be shortly stated. He is + liable in his representative capacity in all cases where the deceased + would be liable were he alive. To this general rule there are some + exceptions. The representative cannot be sued for breach of a contract + for personal services which can be performed only in the lifetime of + the person contracting, nor again can he be sued in a case where + unliquidated damages only could have been recovered against the + deceased. He is liable in his personal capacity in the following + cases: if he contracts to pay a debt due by the deceased, or if having + admitted that he had assets in his hands sufficient to pay a debt or + legacy he has misapplied such assets so that he cannot satisfy them; + or lastly, if by mismanaging the estate and effects of the deceased he + has made himself liable for a _devastavit_. Shortly stated, a + representative is bound to exercise the ordinary care of a business + man in administering the estate of the deceased, and he will be liable + for the loss to the estate caused by his own negligence, or by the + negligence of a co-representative which his act or neglect has + rendered possible. Though the general rule of _delegatus non potest + delegari_ holds good of a representative, yet in certain cases he may + "rely upon skilled persons in matters in which he cannot be expected + to be experienced," e.g. he must employ solicitors to conduct a + lawsuit. + + The privileges of the representative are these: he may prefer one + creditor to another of equal degree; he may retain a debt owing to him + from the deceased as against other creditors of equal degree (see + RETAINER); he may reimburse himself out of the estate all expenses + incurred in the execution of his trust. + + An executor _de son tort_ is one who, without any title to do so, + wrongfully intermeddles with the assets of the deceased, dealing with + them in such a way as to hold himself out as executor. In such a case + he is subject to all the liabilities of an executor, and can claim + none of the privileges. He may be treated by the creditor as the + executor, and, if he is really assuming to act as executor, creditors + and legatees will get a good title from him, but he is liable to be + sued by the rightful representative for damages for interfering with + the property of the deceased. + + _Scotland._--Executor in Scots law is a more extensive term than in + English. He is either nominative or dative, the latter appointed by + the court and corresponding in most respects to the English + administrator. Caution is required from the latter, not from the + former. By the common law doctrine of passive representation the heir + or executor was liable to be sued for implement of the deceased's + obligations. The Roman principle of _beneficium inventarii_ was first + introduced by an act of 1695. As the law at present stands, the heir + or executor is liable only to the value of the succession, except + where there has been vitious intromission in movables, and in _gestio + pro haerede_ (behaviour as heir) and other cases in heritables. The + present inventory duty on succession to movables and heritables + depends on the Finance Acts 1894-1909 (see ESTATE DUTY). In England + the executor is bound to pay the debts of the deceased in a certain + order, but in Scotland they all rank _pari passu_ except privileged + debts (see PRIVILEGE). + + AUTHORITIES.--R.L. Vaughan Williams, _The Law of Executors and + Administrators_; W.G. Walker, _Compendium on the Law of Executors and + Administrators_; James Schouler, _Law of Executors and Administrators_ + (3rd ed., Boston, 1901). + + + + +EXEDRA, or EXHEDRA (from Gr. [Greek: ex], out, and [Greek: hedra], a +seat), an architectural term originally applied to a seat or recess out +of doors, intended for conversation. Such recesses were generally +semicircular, as in the important example built by Herodes Atticus at +Olympia. In the great Roman thermae (baths) they were of large size, and +like apses were covered with a hemispherical vault. An example of these +exists at Pompeii in the Street of the Tombs. From Vitruvius we learn +that they were often covered over, and they are described by him (v. 11) +as places leading out of porticoes, where philosophers and rhetoricians +could debate or harangue. + + + + +EXELMANS, RENE JOSEPH ISIDORE, COUNT (1775-1852), marshal of France, was +born at Bar-le-Duc on the 13th of November 1775. He volunteered into the +3rd battalion of the Meuse in 1791, became a lieutenant in 1797, and in +1798 was aide-de-camp to General Eble, and in the following year to +General Broussier. In his first campaign in Italy he greatly +distinguished himself; and in April 1799 he was rewarded for his +services by the grade of captain of dragoons. In the same year he took +part with honour in the conquest of Naples and was again promoted, and +in 1801 he became aide-de-camp to General Murat. He accompanied Murat in +the Austrian, Prussian and Polish campaigns of 1805, 1806 and 1807. At +the passage of the Danube, and in the action of Wertingen, he specially +distinguished himself; he was made colonel for the valour which he +displayed at Austerlitz, and general of brigade for his conduct at Eylau +in 1807. In 1808 he accompanied Murat to Spain, but was there made +prisoner and conveyed to England. On regaining his liberty in 1811 he +went to Naples, where King Joachim Murat appointed him grand-master of +horse. Exelmans, however, rejoined the French army on the eve of the +Russian campaign, and on the field of Borodino won the rank of general +of division. In the retreat from Moscow his steadfast courage was +conspicuously manifested on several occasions. In 1813 he was made, for +services in the campaign of Saxony and Silesia, grand-officer of the +Legion of Honour, and in 1814 he reaped additional glory by his +intrepidity and skill in the campaign of France. When the Bourbons were +restored, Exelmans retained his position in the army. In January 1815 he +was tried on an accusation of having treasonable relations with Murat, +but was acquitted. Napoleon on his return from Elba made Exelmans a peer +of France and placed him in command of the II. cavalry corps, which he +commanded in the Waterloo campaign, the battle of Ligny and Grouchy's +march on Wavre. In the closing operations round Paris Exelmans won great +distinction. After the second Restoration he denounced, in the House of +Peers, the execution of Marshal Ney as an "abominable assassination"; +thereafter he lived in exile in Belgium and Nassau for some years, till +1819, when he was recalled to France. In 1828 he was appointed +inspector-general of cavalry; and after the July revolution of 1830 he +received from Louis Philippe the grand cross of the Legion of Honour, +and was reinstated as a peer of France. At the revolution of 1848 +Exelmans was one of the adherents of Louis Napoleon; and in 1851 he was, +in recognition of his long and brilliant military career, raised to the +dignity of a marshal of France. His death, which took place on the 10th +of July 1852, was the result of a fall from his horse. + + + + +EXEQUATUR, the letter patent, issued by a foreign office and signed by a +sovereign, which guarantees to a foreign consul the rights and +privileges of his office, and ensures his recognition in the state in +which he is appointed to exercise them. If a consul is not appointed by +commission he receives no exequatur; and a notice in the _Gazette_ in +this case has to suffice. The exequatur may be withdrawn, but in +practice, where a consul is obnoxious, an opportunity is afforded to his +government to recall him. + + + + +EXETER, EARL, MARQUESS AND DUKE OF. These English titles have been borne +at different times by members of the families of Holand or Holland, +Beaufort, Courtenay and Cecil. The earls of Devon of the family of de +Redvers were sometimes called earls of Exeter; but the 1st duke of +Exeter was John (c. 1355-1400), a younger son of Thomas Holand, earl of +Kent (d. 1360). John's mother, Joan (d. 1385), a descendant of Edward +I., married for her third husband Edward the Black Prince, by whom she +was the mother of Richard II., and her son John was thus the king's +half-brother, a relationship to which he owed his high station at the +English court. He married Elizabeth (d. 1426), a daughter of John of +Gaunt, duke of Lancaster, and was constantly in Richard's train until +1385, when his murder of Ralph Stafford disturbed these friendly +relations. John then went to Spain as constable of the English army +under John of Gaunt; but after his return to England in 1387 he was +created earl of Huntingdon, was made admiral of the fleet and +chamberlain of England, and was again high in the king's favour. He was +Richard's chief helper in the proceedings against the lords appellant in +1397, was created duke of Exeter in September of this year, and went +with the king to Ireland in 1399. After the accession of his +brother-in-law, Henry IV., Holand was tried for his share in the events +of 1397, and was reduced to his earlier rank of earl of Huntingdon. He +was soon plotting against Henry's life, and after the projected rising +in 1400 had failed he was captured and was probably beheaded at Pleshey +in Essex on the 16th of January 1400.[1] He was afterwards attainted and +his titles and lands were forfeited. + +In 1416 THOMAS BEAUFORT, earl of Dorset, was created duke of Exeter; but +this dignity was only granted for his life, and consequently it expired +on his death in 1426. + +In 1416 JOHN (1395-1447), son of John Holand, the former duke of Exeter, +was allowed to take his father's earldom of Huntingdon. This nobleman +rendered great assistance to Henry V. in his conquest of France, +fighting both on sea and on land. He was marshal of England, admiral of +England and governor of Aquitaine under Henry VI.; was one of the king's +representatives at the conference of Arras in 1435; and in 1443 was +created duke of Exeter. When he died on the 5th of August 1447 his +titles passed to his son HENRY (1430-1473), who, although married to +Anne (d. 1476), daughter of Richard, duke of York, fought for Henry VI. +during the Wars of the Roses. After having been imprisoned by York at +Pontefract, he was present at the battle of Towton, sailed with Henry's +queen, Margaret of Anjou, to Flanders in 1463, and was wounded at Barnet +in 1471. In 1461 he had been attainted and his dukedom declared +forfeited, and he died without sons, probably in 1473. + +Coming to the family of Courtenay the title of marquess of Exeter was +borne by HENRY COURTENAY (c. 1496-1538), earl of Devon, who was made a +marquess in 1525. A grandson of Edward IV., Courtenay was a prominent +figure at the court of Henry VIII. until Thomas Cromwell rose to power, +when his high birth, his great wealth and his independent position made +him an object of suspicion. Some slight discontent in the west of +England gave the occasion for his arrest, and he was tried and beheaded +on the 9th of December 1538. A few days later he was declared a traitor +and his titles were forfeited; although his only son, EDWARD (c. +1526-1556), who was restored to the earldom of Devon in 1553 and was a +suitor for the hand of Queen Mary, is sometimes called marquess of +Exeter. + +The title of earl of Exeter was first bestowed upon the Cecils (see +CECIL: _Family_) in 1605 when THOMAS, 2nd Lord Burghley (1542-1623), the +eldest son of William Cecil, Lord Burghley, was made earl of Exeter by +James I. Thomas had been a member of parliament during the reign of +Queen Elizabeth, who knighted him in 1575, and had fought under the earl +of Leicester in the Netherlands. After his father's death in 1598 he +became president of the Council of the North and was made a knight of +the Garter. He died on the 7th or 8th of February 1623. His direct +descendants continued to bear the title of earl of Exeter, and in 1801 +HENRY (1754-1804), the 10th earl, was advanced to the dignity of +marquess of Exeter, the present marquess being his lineal descendant. It +may be noted that the 1st marquess is Tennyson's "lord of Burghley." + + See G.E. C(okayne), _Complete Peerage_ (1887-1898). + + +FOOTNOTE: + + [1] There is some difference of opinion about the place and manner of + the earl's death, and this question has an important bearing upon the + privilege of trial by peers of the realm. See L.W. Vernon-Harcourt, + _His Grace the Steward and Trial of Peers_ (1907). + + + + +EXETER, a city and county of a city, municipal, county and parliamentary +borough, and the county town of Devonshire, England, 172 m. W.S.W. of +London, on the London & South Western and the Great Western railways. +Pop. (1901) 47,185. The ancient city occupies a broad ridge of land, +which rises steeply from the left bank of the Exe. At the head of the +ridge is the castle, on the site of a great British earthwork. The High +Street and its continuation, called Fore Street, are narrow, but very +picturesque, with many houses of the 16th and 17th centuries. There is a +maze of lesser streets within the ancient walls, the line of which may +be traced. All the gates have disappeared. The suburbs, which have +greatly extended since the beginning of the 19th century, contain many +good streets, terraces and detached villas. The surrounding country is +rich, fertile and of great beauty. Extensive views are commanded in the +direction of Haldon, a stretch of high moorland which may be regarded as +an outlier of Dartmoor. The lofty mound of the castle is laid out as a +promenade, with fine trees and broad walks. + +The cathedral, although not one of the largest in England, is +unsurpassed in the beauty of its architecture and the richness of its +details. With the exception of the Norman transeptal towers, the general +character is Decorated, ranging from about 1280 to 1369. Transeptal +towers occur elsewhere in England only in the collegiate church of +Ottery St Mary, in Devonshire, for which Exeter cathedral served as a +model. The west front is of later date than the rest (probably +1369-1394), and the porch is wholly covered with statues. Within, the +most noteworthy features are the long unbroken roof, extending +throughout nave and choir, with no central tower or lantern; the +beautiful sculpture of bosses and corbels; the minstrel's gallery, +projecting from the north triforium of the nave; and the remarkable +manner in which the several parts of the church are made to correspond. +The window tracery is much varied; but each window answers to that on +the opposite side of nave or choir; pier answers to pier, aisle to +aisle, and chapel to chapel, while the transeptal towers complete the +balance of parts. A complete restoration under Sir G.G. Scott was +carried out between 1870 and 1877. The modern stall work, the reredos, +the choir pavement of tiles, rich marbles and porphyries, the stained +glass and the sculptured pulpits in choir and nave are meritorious. The +episcopal throne, a sheaf of tabernacle work in wood, was erected by +Bishop Stapeldon about 1320, and in the north transept is an ancient +clock. The most interesting monuments are those of bishops of the 12th +and 13th centuries, in the choir and lady chapel. Some important MSS., +including the famous book of Saxon poetry given by Leofric to his +cathedral, are preserved in the chapter-house. The united sees of +Devonshire and Cornwall were fixed at Exeter from the installation there +of Leofric (1050) by the Confessor, until the re-erection of the Cornish +see in 1876. The bishop's palace embodies Early English portions. The +diocese covers the greater part of Devonshire, with a very small part of +Dorsetshire. + +The guildhall in the High Street is a picturesque Elizabethan building, +which contains some interesting portraits; among them being one of +General Monk, who was a native of Devon, and another of Henrietta, +duchess of Orleans, given by her brother Charles II. Both are by Sir +Peter Lely. The assize hall and sessions house dates from 1774. The +Albert Memorial Museum contains a school of art, an excellent free +library, a reading-room, and a museum of natural history and +antiquities. There is a good collection of local birds, and some +remarkable pottery and bronze relics extracted from barrows near Honiton +or found in various parts of Devonshire. Of the castle, called +Rougemont, the chief architectural remnant is a portion of a gateway +tower which may be late Norman. Traces are also seen of the surrounding +earthworks, which may have belonged to the original British stronghold. +Beneath the castle wall is the pleasant promenade of Northernhay. The +churches of Exeter are of little importance, being mostly small, and +closely beset with buildings, but the modern church of St Michael (1860) +deserves notice. The Devon and Exeter Institution, founded in 1813, +contains a large and valuable library, and among educational +establishments may be noticed the technical and university extension +college, the diocesan training college and school; and the grammar +school, which was founded under a scheme of Walter de Stapeldon, bishop +of Exeter and founder of Exeter College, Oxford, in 1332, and refounded +in 1629, but occupies modern buildings (1886) outside the city. It is +endowed with a large number of leaving exhibitions, and about 150 boys +are educated. There are two market-houses in the city, many hospitals +and many charitable institutions, including the picturesque hospital or +almshouse of William Wynard, recorder of Exeter (1439). + +Exeter is one of the principal railway centres in the south-west, and it +also has some shipping trade, communicating with the sea by way of the +Exeter ship-canal, originally cut in the reign of Elizabeth (1564), and +enlarged in 1675 and 1827. This canal is an interesting work, being the +first canal carried out in the United Kingdom for the purpose of +enabling sea-going vessels to pass to an inland port. The river Exe was +very early utilized by small craft trading to Exeter, parliament having +granted powers for the improvement of the navigation by the construction +of a canal 3 m. long from Exeter to the river; at a later date this +canal was extended lower down to the tidal estuary of the Exe. Previous +to the year 1820 it was only available for vessels of a draft not +exceeding 9 ft., but by deepening it, raising the banks, and +constructing new locks, vessels drawing 14 ft. of water were enabled to +pass up to a basin and wharves at Exeter. These works were carried out +under the advice of Thomas Telford. A floating basin is accessible to +vessels of 350 tons. Larger vessels lie at Topsham, at the junction of +the canal with the estuary of the Exe; while at the mouth of the estuary +is the port of Exmouth. Imports are miscellaneous, while paper, grain, +cider and other goods are exported. Brewing, paper-making and +iron-founding are carried on, and the city is an important centre of +agricultural trade. The parliamentary borough returns one member. The +city is governed by a mayor, 14 aldermen and 42 councillors. Area, 3158 +acres. The eastern suburb of Heavitree, where is the Exeter city asylum, +is an urban district with a population (1901) of 7529. + +Exeter was the Romano-British country town of _Isca Damnoniorum_--the +most westerly town in the south-west of Roman Britain. Mosaic pavements, +potsherds, coins and other relics have been found, and probably traces +of the Roman walls survive here and there in the medieval walls. It is +said to be the _Caer Isce_ of the Britons, and its importance as a +British stronghold is shown by the great earthwork which the Britons +threw up to defend it, on the site of which the castle was afterwards +built, and by the number of roads which branch from it. Exeter is famous +for the number of sieges which it sustained as the chief town in the +south-west of England. In 1001 it was unsuccessfully besieged by the +Danes, but in the following year was given by King Aethelred to Queen +Emma, who appointed as reeve, Hugh, a Frenchman, owing to whose +treachery it was taken and destroyed by Sweyn in 1003. By 1050, however, +it had recovered, and was chosen by Leofric as the new seat of the +bishops of Devon. In 1068, after a siege of eighteen days, Exeter +surrendered to the Conqueror, who threw up a castle which was called +Rougemont, from the colour of the rock on which it stood. Again in 1137 +the town was held for Matilda by Baldwin de Redvers for three months and +surrendered, at last, owing to lack of water. Three times subsequently +Exeter held out successfully for the king--in 1467 against the Yorkists, +in 1497 against Perkin Warbeck, and in 1549 against the men of Cornwall +and Devon, who rose in defence of the old religion. During the civil +wars the city declared for parliament, but was in 1643 taken by the +royalists, who held it until 1646. The only other historical event of +importance is the entry of William, prince of Orange, in 1688, shortly +after his arrival in England. Exeter was evidently a borough by +prescription some time before the Conquest, since the burgesses are +mentioned in the Domesday Survey. Its first charter granted by Henry I. +gave the burgesses all the free customs which the citizens of London +enjoyed, and was confirmed and enlarged by most of the succeeding kings. +By 1227 government by a reeve had given place to that by a mayor and +four bailiffs, which continued until the Municipal Reform Act of 1835. +Numerous trade gilds were incorporated in Exeter, one of the first being +the tailors' gild, incorporated in 1466. This by 1482 had become so +powerful that it interfered with the government of the town, and was +dissolved on the petition of the burgesses. Another powerful gild was +that of the merchant adventurers, incorporated in 1559, which is said to +have dictated laws to which the mayor and bailiffs submitted. From 1295 +to 1885 Exeter was represented in parliament by two members, but in the +latter year the number of representatives was reduced to one. Exeter was +formerly noted for the manufacture of woollen goods, introduced in +Elizabeth's reign, and the value of its exports at one time exceeded +half a million sterling yearly. The trade declined partly owing to the +stringent laws of the trade gilds, and by the beginning of the 19th +century had entirely disappeared, although at the time of its greatest +prosperity it had been surpassed in value and importance only by that of +Leeds. + + See _Victoria County History_, _Devon_; Richard Izacke, _Antiquities + of the City of Exeter_ (1677); George Oliver, _The History of the City + of Exeter_ (1861); and E.A. Freeman, _Exeter_ ("Historic Towns" + series) (London, 1887), in the preface to which the names of earlier + historians of the city are given. + + + + +EXETER, a town and one of the county-seats of Rockingham county, New +Hampshire, U.S.A., on the Squamscott river, about 12 m. S.W. of +Portsmouth and about 51 m. N. by E. of Boston, Mass. Pop. (1890) 4284; +(1900) 4922 (1066 foreign-born); (1910) 4897; area, about 17 sq. m. It +is served by the Western Division of the Boston & Maine railway. The +town has a public library and some old houses built in the colonial +period, and is the seat of Phillips Exeter Academy (incorporated in 1781 +and opened in 1783). In its charter this institution is described as "an +academy for the purpose of promoting piety and virtue, and for the +education of youth in the English, Latin and Greek languages, in +writing, arithmetic, music and the art of speaking, practical geometry, +logic and geography, and such other of the liberal arts and sciences or +languages, as opportunity may hereafter permit." It was founded by Dr +John Phillips (1719-1795), a graduate of Harvard College, who acquired +considerable wealth as a merchant at Exeter and gave nearly all of it to +the cause of education. The academy is one of the foremost secondary +schools in the country, and among its _alumni_ have been Daniel Webster, +Edward Everett, Lewis Cass (born in Exeter in a house still standing), +John Parker Hale, George Bancroft, Jared Sparks, John Gorham Palfrey, +Richard Hildreth and Francis Bowen. The government of the academy is +vested in a board of six trustees, regarding whom the founder provided +that a majority should be laymen and not inhabitants of Exeter. In +1909-1910 the institution had 20 buildings, 32 acres of recreation +grounds, 16 instructors and 488 students, representing 38 states and +territories of the United States and 4 foreign countries. At Exeter also +is the Robinson female seminary (1867), with 14 instructors and 272 +students in 1906-1907. The river furnishes water-power, and among the +manufactures of the town are shoes, machinery, cottons, brass, &c. The +town is one of the oldest in the state; it was founded in 1638 by Rev. +John Wheelwright, an Antinomian leader who with a number of followers +settled here after his banishment from Massachusetts. For their +government the settlers adopted (1639) a plantation covenant. There was +disagreement from the first, however, with regard to the measure of +loyalty to the king, and in 1643, when Massachusetts had asserted her +claim to this region and the other three New Hampshire towns had +submitted to her jurisdiction, the majority of the inhabitants of Exeter +also yielded, while the minority, including the founder, removed from +the town. In 1680 the town became a part of the newly created province +of New Hampshire. During the French and Indian wars it was usually +protected by a garrison, and some of the garrison houses are still +standing. From 1776 to 1784 the state legislature usually met at Exeter. + + See C.H. Bell, _History of the Town of Exeter_ (Exeter, 1888). + + + + +EXETER BOOK [_Codex Exoniensis_], an anthology of Anglo-Saxon poetry +presented to Exeter cathedral by Leofric,[1] bishop of Exeter, England, +from 1050 to 1071, and still in the possession of the dean and chapter. +It contains some legal documents, the poems entitled _Crist_, _Guthlac_, +_Phoenix_, _Juliana_, _The Wanderer_ and others, and concludes with +between eighty and ninety riddles. It was first described in Humphrey +Wanley's _Catalogus_ ... (1705) in detail but with many inaccuracies; +subsequently by J.J. Conybeare, _Account of a Saxon Manuscript_ (a paper +read in 1812; printed with some extracts from the MS. in _Archaeologia_, +vol. xvii. pp. 180-197, 1814). A complete transcript made (1831) by +Robert Chambers is in the British Museum (Addit. MS. 9067). It was first +printed in 1842 by Benjamin Thorpe for the Soc. of Antiq., London, as +_Codex Exoniensis ... with an English Translation, Notes and Indexes_. +More recent editions, chiefly based on Thorpe's text, are:--in Chr. +Grein's _Bibliothek der A.S. Poesie_ (vol. iii. part 1, ed. R. Wulker, +Leipzig, 1897, with a bibliography), J. Schipper in Pfeiffer's +_Germania_, vol. xix. pp. 327-339, and Israel Gollancz, _The Exeter +Book_, pt. i. (1895), with English translation, for the Early English +Text Society. + + A detailed account, with bibliographies of the separate poems, is + given by R. Wulker, in _Grundriss ... der A.S. Literatur_, pp. 218-236 + (Leipzig, 1885); see also the introduction to _The Crist of Cynewulf_ + ..., edited by Prof. A.S. Cook, with introduction, notes and a + glossary (Boston, U.S.A., 1900). For the poems contained in the MS. + see also CYNEWULF and RIDDLES. + + +FOOTNOTE: + + [1] For Leofric, see F.E. Warren, _The Leofric Missal_ (1883). + + + + +EXHIBITION, a term, meaning in general a public display,[1] which has a +special modern sense as applied to public shows of goods for the +promotion of trade (Fr. _exposition_). The first exhibition in this +sense of which there is any account, in either sacred or profane +history, was that held by King Ahasuerus, who, according to the Book of +Esther, showed in the third year of his reign "the riches of his +glorious kingdom, and the honour of his excellent majesty, many days, +even a hundred and fourscore days." The locale of this function was +Shushan, the palace and the exhibits consisted of "white, green and blue +hangings, fastened with cords of fine linen and purple to silver rings +and pillars of marble: the beds were of gold and silver, upon a pavement +of red, and blue, and white and black marble. And they gave them drink +in vessels of gold, the vessels being diverse one from another." The +first exhibition since the Christian era was at Venice during the +dogeship of Lorenzo Tiepolo, in 1268. On that occasion there was a grand +display, consisting of a water fete, a procession of the trades and an +industrial exhibition. The various gilds of the Queen City of the Seas +marched through the narrow streets to the great square of St Mark, and +their leaders asked the dogaressa to inspect the products of their +industry. Other medieval exhibitions were the fairs held at Leipzig and +Nizhni Novgorod in Europe, at Tanta in Egypt, and in 1689 that by the +Dutch at Leiden. + +The first modern exhibition was held at London in 1756 by the Society of +Arts, which offered prizes for improvements in the manufacture of +tapestry, carpets and porcelain, the exhibits being placed side by side. +Five years afterwards, in 1761, the same society gave an exhibition of +agricultural machinery. In 1797 a collective display of the art +factories of France, including those of Sevres, the Gobelins and the +Savonnerie, was made in the palace of St Cloud, and the exhibition was +repeated during the following year in the rue de Varennes, Paris. This +experiment was so successful that in the last three days of the same +year an exhibition under official auspices, at which private exhibitors +were allowed to compete, was held in the Champ de Mars. Four years +later, in 1801, there was a second official exhibition in the grand +court of the Louvre. Upon that occasion juries of practical men examined +the objects shown, and the winners of a gold medal were invited to dine +with Napoleon, who was at that time First Consul. In the report of the +jury the following remarkable sentence appeared:--"There is not an +artist or inventor who, once obtaining thus a public recognition of his +ability, has not found his reputation and his business largely +increased." The third Paris Exhibition, held in 1802, was the first to +publish an official catalogue. There were 540 exhibitors, including J.E. +Montgolfier, the first aeronaut, and J.M. Jacquard, the inventor of the +loom which bears his name. The fourth exhibition was held in 1806 in the +esplanade in front of the Hotel des Invalides, and attracted 1422 +exhibitors. There were no more exhibitions till after the fall of the +empire, but in 1819 the fifth was held during the reign of Louis XVIII., +with 1622 exhibitors. Others were held at Paris at various intervals, +that in 1849 having 4500 exhibitors. + +Other exhibitions, though on a smaller scale, were held in Dublin, +London, and in various parts of Germany and Austria during the first +half of the 19th century--that in 1844, held at Berlin, having 3040 +exhibitors. Switzerland, Holland, Belgium, Sweden, Russia, Poland, +Italy, Spain and Portugal all held exhibitions, and there was a Free +Trade Bazaar of British Manufactures at Covent Garden theatre in 1845, +which at the time created a great deal of interest. But all these +exhibitions were confined to the products of the country in which they +took place, and the first great International Exhibition was held in +London in 1851 by the Society of Arts, under the presidency of the +prince consort. All nations were invited to compete; a site was obtained +in Hyde Park, and a building 20 acres in extent was erected, after the +design of Sir Joseph Paxton, at a cost of L193,168. The exhibition was +open for five months and fifteen days. The receipts amounted to +L506,100, and the surplus was L186,000. The number of visitors was +6,039,195, and the money taken at the doors was L423,792. The total, +number of exhibitors was 13,937, of which Great Britain contributed +6861, the British colonies 520 and foreign countries 6556. The +International Exhibition of 1851 was followed by those of New York and +Dublin in 1853, Melbourne and Munich in 1854, and Paris in 1855--this +latter was held in the Palais d'Industrie, which remained in existence +until pulled down to make room for the two Palais des Beaux Arts, which +formed one of the attractions of the 1900 exhibition. The exhibitors +numbered 20,839 and the visitors 5,162,330. There were national +exhibitions during the following years in several European countries, +but the next great world's fair was held at London in 1862. The total +space roofed in amounted to 988,000 sq. ft., 22.65 acres, the number of +visitors was 6,211,103, and the amount received at the doors L408,530. +The death of the prince consort had a depressing effect upon the +enterprise. In 1865 an exhibition was held at Dublin, the greater +proportion of the funds being supplied by Sir Benjamin Lee Guinness. The +number of attendances during six months was 900,000, and the exhibition +was opened at night. An Italian exhibition was held at Rome in 1862. + +The Paris Exhibition of 1867 was upon a far larger scale than that of +1855. It was held, like those that preceded and succeeded it, at the +Champ de Mars, and covered 41 acres. The building resembled an +exaggerated gasometer. The external ring was devoted to machinery, the +internal to the gradual development of civilization, commencing with the +stone age and continuing to the present era. A great feature of the +exhibition was the park, which was studded with specimens of every style +of modern architecture--Turkish mosques, Swedish cottages, English +lighthouses, Egyptian palaces and Swiss chalets. The number of +attendances was 6,805,969. The exhibitors numbered 43,217, and the total +amount received for entrances, concessions, &c., was L420,735. This was +the first exhibition at which there were international restaurants. The +cost of the exhibition was defrayed partly by the state and partly by +private subscriptions. + +Small exhibitions were held in various parts of Europe between 1867 and +1870, and in the latter year a series of international exhibitions, +confined to one or two special descriptions of produce or manufactures, +was inaugurated in London at South Kensington. These continued till +1874, but they failed to attract any very large attendance of the public +and were abandoned. A medal was given to each exhibitor, and reports on +the various exhibits were published, but there was no examination of the +exhibits by jurors. In 1873 there was an International Exhibition at +Vienna. The main building, a rotunda, was erected in the beautiful park +of the Austrian capital. There were halls for machinery and agricultural +products, and hundreds of buildings, erected by different nations, were +scattered amongst the woodlands of the Prater. Unfortunately, an +outbreak of cholera diminished the attendance of visitors, and the +receipts were only L206,477, although the visitors were said to have +reached 6,740,500, and the number of exhibitors was 25,760. + +None of the International Exhibitions held between 1857 and 1873 had +attracted as many as 7,000,000 visitors, but the gradual extension of +education amongst the masses, and the greater facilities for locomotion, +brought about by the growth of the railway system in all portions of the +civilized world, largely increased the attendances at subsequent World's +Fairs. The Centennial Exhibition of 1876, to celebrate the one-hundredth +anniversary of American Independence, was held at Fairmount Park, +Philadelphia. The funds were raised partly by private subscriptions, and +partly by donations from the city of Philadelphia, from Pennsylvania and +some of the neighbouring states. The central government at Washington +made a large loan, which was subsequently repaid. The principal +buildings, five in number, occupied an area of 48-1/2 acres, and there +were several smaller structures, which in the aggregate must have filled +half as much space more, the largest being that devoted to the exhibits +of the various departments of the United States government, which +covered 7 acres. Several novelties in exhibition management were +introduced at Philadelphia. Instead of gold, silver and bronze medals, +only one description, bronze, was issued, the difference between the +merits of the different exhibits being shown by the reports. Season +tickets were not issued, and the price of admission, the same on all +occasions, was half a dollar, or about 2s. 1d. The exhibition was not +open at night or on Sundays, thus following the British, and not the +continental, precedent. The number of visitors was 9,892,625, of whom +8,004,214 paid for admission, the balance being exhibitors, officials +and attendants. The total receipts amounted to L763,899. Upon one +occasion, the Pennsylvania day, 274,919 persons--the largest number that +had visited any exhibition up to that date--passed through the +turnstiles. The display of machinery was the finest ever made, that of +the United States occupying 480,000 sq. ft. The motive-power was +obtained from a Corliss engine of 1600 horse-power. At this exhibition +the United Kingdom and the British Colonies of Canada, Victoria, New +South Wales, New Zealand, Cape Colony and Tasmania made a very fine +display, which was only excelled by that of the United States. + +The Paris Exhibition of 1878 was upon a far larger scale in every +respect than any which had been previously held in any part of the +world. The total area covered not less than 66 acres, the main building +in the Champ de Mars occupying 54 acres. The French exhibits filled +one-half the entire space, the remaining moiety being occupied by the +other nations of the world. The United Kingdom, British India, Canada, +Victoria, New South Wales, Queensland, South Australia, Cape Colony and +some of the British crown colonies occupied nearly one-third of the +space set aside for nations outside France. Germany was the only great +country which was not represented, but there were a few German +paintings. The display of fine arts and machinery was upon a very large +and comprehensive scale, and the Avenue des Nations, a street 2400 ft. +in length, was devoted to specimens of the domestic architecture of +nearly every country in Europe, and of several in Asia, Africa and +America. The palace of the Trocadero, on the northern bank of the Seine, +was erected for the exhibition. It was a handsome structure, with towers +250 ft. in height and flanked by two galleries. The rules for admission +were the same as those at Philadelphia, and every person--exhibitor, +journalist or official--who had the right of entrance was compelled to +forward two copies of his or her photograph, one of which was attached +to the card of entry. The ordinary tickets were not sold at the doors, +but were obtainable at various government offices and shops, and from +numerous pedlars in all parts of the city and suburbs. The buildings +were somewhat unfinished upon the opening day, political complications +having prevented the French government and the French people from paying +much attention to the exhibition till about six months before it was +opened; but the efforts made in April were prodigious, and by June 1st, +a month after the opening, the exhibition was complete, and afforded an +object-lesson of the recovery of France from the calamities of +1870-1871. The decisions arrived at by the international juries were +accompanied by medals of gold, silver and bronze. The expenditure by the +United Kingdom was defrayed out of the consolidated revenue, each +British colony defraying its own expenses. The display of the United +Kingdom was under the control of a royal commission, of which the prince +of Wales was president. The number of paying visitors to the exhibition +was 13,000,000, and the cost of the enterprise to the French government, +which supplied all the funds, was a little less than a million sterling, +after allowing for the value of the permanent buildings and the +Trocadero Palace, which were sold to the city of Paris. The total number +of persons who visited Paris during the time the exhibition was open was +571,702, or 308,974 more than came to the French metropolis during the +year 1877, and 46,021 in excess of the visitors during the previous +exhibition of 1867. It was stated at the time that, in addition to the +impetus given to the trade of France, the revenue of the Republic and of +the city of Paris from customs and octroi duties was increased by nearly +three millions sterling as compared with the previous year. + +Exhibitions on a scale of considerable magnitude were held at Sydney and +Melbourne in 1879 and 1880, and many continental and American +manufacturers took advantage of them in order to bring the products of +their industry directly under the notice of Australian consumers, who +had previously purchased their supplies through the instrumentality of +British merchants. The United Kingdom and India made an excellent +display at both cities, but the effect of the two great Australian +exhibitions was to give a decided impetus to German, American, French +and Belgian trade. One of the immediate results was that lines of +steamers to Melbourne and Sydney commenced to run from Marseilles and +Bremen; another, that for the first time in the history of the +Australian colonies, branches of French banks were opened in the two +principal cities. The whole cost of these exhibitions was defrayed by +the local governments. + +Exhibitions were held at Turin and Brussels during 1880, and smaller +ones at Newcastle, Milan, Lahore, Adelaide, Perth, Moscow, Ghent and +Lille during 1881 and 1882, and at Zurich, Bordeaux and Caraccas in +Venezuela during 1883. The next of any importance was held at Amsterdam +in the latter year. On that occasion a new departure in exhibition +management was made. The government of the Netherlands was to a certain +extent responsible for the administration of the exhibition, but the +funds were obtained from private sources, and a charge was made to each +nation represented for the space it occupied. The United Kingdom, India, +Victoria and New South Wales took part in the exhibition, but there was +no official representation of the mother country. Exhibitions on +somewhat similar lines were held at Nice and Calcutta in the winter of +1883 and 1884, and at Antwerp in 1895. + +A series of exhibitions, under the presidency of the then prince of +Wales, and managed by Sir Cunliffe Owen, was commenced at South +Kensington in 1883. The first was devoted to a display of the various +industries connected with fishing; the second, in 1884, to objects +connected with hygiene; the third, in 1885, to inventions; and the +fourth, in 1886, to the British Colonies and India. These exhibitions +attracted a large number of visitors and realized a substantial profit. +They might have been continued indefinitely if it had not been that the +buildings in which they were held had become very dilapidated, and that +the ground covered by them was required for other purposes. There was no +examination of the exhibits by juries, but a tolerably liberal supply of +instrumental music was supplied by military and civil bands. The Crystal +Palace held a successful International Exhibition in 1884, and there was +an Italian Exhibition at Turin, and a Forestry Exhibition at Edinburgh, +during the same year. A World's Industrial Fair was held at New Orleans +in 1884-1885, and there were universal Exhibitions at Montenegro and +Antwerp in 1885, at Edinburgh in 1886, Liverpool, Adelaide, Newcastle +and Manchester in 1887, and at Glasgow, Barcelona and Brussels in 1888. +Melbourne held an International Exhibition in 1888-1889 to celebrate the +Centenary of Australia. Great Britain, Germany, France, Austria and the +United States were officially represented, and an expenditure of +L237,784 was incurred by the local government. + +The Paris Exhibition of 1889 marked an important change in the policy +which had previously characterized the management of these gatherings. +The funds were contributed partly by the state, which voted 17,000,000 +francs, and by the municipality of Paris, which gave 8,000,000. A +guarantee fund amounting to 23,124,000 francs was raised, and on this +security a sum of 18,000,000 francs was obtained and paid into the +coffers of the administration. The bankers who advanced this sum +recouped themselves by the issue of 1,200,000 "bons," each of 25 francs, +Every bon contained 25 admissions, valued at 1 franc, and certain +privileges in the shape of participation in a lottery, the grand prix +being L20,000. The calculations of the promoters were tolerably +accurate. The attendances reached the then unprecedented number of +32,350,297, of whom 25,398,609 paid in entrance tickets and 2,723,366 +entered by season tickets. A sum of 2,307,999 francs was obtained by +concessions for restaurants and "side-shows," upon which the +administration relied for much of the attractiveness of the exhibition. +The total expenditure was 44,000,000 francs, and there was a small +surplus. The space covered in the Champ de Mars, the Trocadero, the +Palais d'Industrie, the Invalides and the Quai d'Orsay was 72 acres, as +compared with 66 acres in 1878 and 41 acres in 1867. Amongst the +novelties was the Eiffel Tower, 1000 ft. in height, and a faithful +reproduction of a street in Cairo. The system of international juries +was continued, but instead of gold, silver and copper medals, diplomas +of various merits were granted, each entitling the holder to a uniform +medal of bronze. Some of the "side-shows," although perhaps pecuniary +successes, did not add to the dignity of the exhibition. The date at +which it was held, the Centenary of the French Revolution, did not +commend it to several European governments. Austria, Hungary, Belgium, +China, Egypt, Spain, Great Britain, Italy, Luxemburg, Holland, Peru, +Portugal, Rumania and Russia took part, but not officially, while +Germany, Sweden, Turkey and Montenegro were conspicuous by their +absence. On the other hand, Argentina, Bolivia, Chile, the United +States, Greece, Guatemala, Morocco, Mexico, Nicaragua, Norway, Paraguay, +Salvador, the South African Republic, Switzerland, Uruguay and Venezuela +sent commissioners, who were accredited to the government of the French +Republic. The total number of exhibitors was 61,722, of which France +contributed 33,937, and the rest of the world 27,785. The British and +colonial section was under the management of the Society of Arts, which +obtained a guarantee fund of L16,800, and, in order to recoup itself +for its expenditure, made a charge to exhibitors of 5s. per sq. ft. for +the space occupied. There were altogether 1149 British exhibitors, of +whom 429 were in the Fine Arts section. One of the features of the +exhibition was the number of congresses and conferences held in +connexion with it. + +During the year 1890 there was a Mining Exhibition at the Crystal +Palace, and a Military Exhibition in the grounds of Chelsea Hospital; in +1891 a Naval Exhibition at Chelsea and an International at Jamaica. In +1891-1892 there were exhibitions at Palermo and at Launceston in +Tasmania; in 1892, a Naval Exhibition at Liverpool, and one of +Electrical Appliances at the Crystal Palace. A series of small national +exhibitions under private management was held at Earl's Court between +1887 and 1891. The first of the series was that of the United +States--Italy followed in 1888, Spain in 1889, France in 1890 and +Germany in 1891. + +The next exhibition of the first order of magnitude was at Chicago in +1893, and was held in celebration of the 400th anniversary of the +discovery of America by Columbus. The financial arrangements were +undertaken by a company, with a capital of L2,000,000. The central +government at Washington allotted L20,000 for the purposes of foreign +exhibits, and L300,000 for the erection and administration of a building +for exhibits from the various government departments. The exhibition was +held at Jackson Park, a place for public recreation, 580 acres in +extent, situated on the shore of Lake Michigan, on the southern side of +the city, with which it was connected by railways and tramways. Special +provision was made for locomotion in the grounds themselves by a +continuous travelling platform and an elevated electric railway. The +proximity of the lake, and of some artificial canals which had been +constructed, rendered possible the service of electric and steam +launches; The exhibition remained open from the 1st of May to the 30th +of October, and was visited by 21,477,212 persons, each of whom paid +half a dollar (about 2s. 1d.) for admission. The largest number of +visitors on any one day was 716,881. In addition to its direct vote of +L320,000, Congress granted L500,000 to the exhibition in a special +coinage, which sold at an enhanced price. The receipts from admissions +were L2,120,000; from concessions, L750,000; and the miscellaneous +receipts, L159,000: total, L3,029,000. The total expenses were +L5,222,000. Of the sums raised by the Company, L400,000 was returned to +the subscribers. Speaking roughly, it may be said that the total outlay +on the Chicago Exhibition was six millions sterling, of which three +millions were earned by the Fair, two millions subscribed by Chicago and +a million provided by the United States government. The sums expended by +the participating foreign governments were estimated at L1,440,000. The +total area occupied by buildings at Chicago was as nearly as possible +200 acres, the largest building, that devoted to manufactures, being +1687 ft. by 787, and 30.5 acres. The funds for the British commission, +which was under the control of the Society of Arts, were provided by the +imperial government, which granted L60,000. The number of British +exhibitors was 2236, of whom 597 were Industrial, 501 Fine Arts and 1138 +Women's work. In this total were included 18 Indian exhibitors. The +space occupied by Great Britain was 306,285 sq. ft.; and, in addition, +separate buildings were erected in the grounds. These were Victoria +House, the headquarters of the British commission; the Indian Pavilion, +erected by the Indian Tea Association; the Kiosk of the White Star +Steamship Company; and the structure set up by the Maxim-Nordenfelt +Company. Canada and New South Wales had separate buildings, which +covered 100,140 and 50,951 sq. ft. respectively; and Cape Colony +occupied 5250, Ceylon 27,574, British Guiana 3367, Jamaica 4250, +Trinidad 3400 and India 3584, sq. ft. in the several buildings. The +total space occupied by the British Colonies was therefore 193,660 sq. +ft. The system of awards was considered extremely unsatisfactory. +Instead of international juries, a single judge was appointed for each +class, and the recompenses were all of one grade, a bronze medal and a +diploma, on which was stated the reasons which induced the judge to +make his decision. Some judges took a high standard, and refused to make +awards except to a small proportion of selected exhibits; others took a +low one, and gave awards indiscriminately. About 1183 awards were made +to British exhibitors. The French refused to accept any awards. The +value of the British goods exhibited was estimated, exclusive of Fine +Arts, at L430,000, and the expenses of showing them at L200,000. A large +expenditure was incurred in the erection of buildings, which were more +remarkable for their beauty and grandeur than for their suitableness to +the purposes for which they were intended. Considerable areas were +devoted to "side-shows," and the Midway Plaisance, as it was termed, +resembled a gigantic fair. Every country in the world contributed +something. There were sights and shows of every sort from everywhere. +The foreign countries represented were Argentina, Austria, Belgium, +Bolivia, Brazil, Bulgaria, Chile, Colombia, Costa Rica, Cuba, Curacoa, +Denmark, Danish West Indies, Ecuador, France, Germany, Greece, +Guatemala, Honduras, Hayti, Japan, Johore, Korea, Liberia, Mexico, +Monaco, Netherlands, Norway, Orange Free State, Paraguay, Persia, +Portugal, Russia, Siam, Spain, Sweden, Turkey, United Kingdom and +Colonies, Uruguay and Venezuela. + +Exhibitions were held at Antwerp, Madrid and Bucharest in 1894; Hobart +in 1894-1895; Bordeaux, 1895; Nizhni Novgorod, Berlin and Buda-Pest in +1896; Brussels and Brisbane in 1897. A series of exhibitions, under the +management of the London Exhibitions Company, commenced at Earl's Court +in 1895 and continued in successive years. + +The Paris Exhibition of 1900 was larger than any which had been +previously held in Europe. The buildings did not cover so much ground as +those at Chicago, but many of those at Paris had two or more floors. In +addition to the localities occupied in 1889, additional space was +obtained at the Champs Elysees, the park of Vincennes, on the north bank +of the Seine between the Place de la Concorde, and at the Trocadero. The +total superficial area occupied was as follows: Champ de Mars, 124 +acres; Esplanade des Invalides, 30 acres; Trocadero Gardens, 40 acres; +Champs Elysees, 37 acres; quays on left bank of Seine, 23 acres; quays +on right bank of Seine, 23 acres; park at Vincennes, 270 acres: total, +549 acres. The space occupied by buildings and covered in amounted to +4,865,328 sq. ft., 111-1/2 acres. The French section covered 2,691,000 +sq. ft., the foreign 1,829,880, and those at the park of Vincennes +344,448 sq. ft. About one hundred French and seventy-five foreign +pavilions and detached buildings were erected in the grounds in addition +to the thirty-six official pavilions, which were for the most part along +the Quai d'Orsay. Funds were raised upon the same system as that adopted +in 1889. The French government granted L800,000, and a similar sum was +contributed by the municipality of Paris. L2,400,000 was raised by the +issue of 3,250,000 "bons," each of the value of 20 francs, and +containing 20 tickets of admission to the exhibition of the face value +of one franc each, and a document which gave its holder a right either +to a reduced rate for admission to the different "side-shows" or else to +a diminution in the railway fare to and from Paris, together with a +participation in the prizes, amounting to six million francs, drawn at a +series of lotteries. Permission to erect restaurants, and to open places +of amusement in buildings erected for that purpose, were sold at high +prices, and for these privileges, which only realised 2,307,999 francs +in 1889, the concessionaires agreed to pay 8,864,442 francs in 1900. The +results did not justify the expectations which had been formed, and the +administration finally consented to receive a much smaller sum. The +administration calculated that they would have 65,000,000 paying +visitors, though there were only 13,000,000 in 1878 and 25,398,609 in +1889. A very few weeks after the opening day, April 15th, it became +evident that the estimated figures would not be reached, since a large +number of holders of "bons" threw them on the market, and the selling +price of an admission ticket declined from the par value of one franc to +less than half that amount, or from 30 to 50 centimes. The proprietors +of the restaurants and "side-shows" discovered that they had paid too +much for their concessions, that the buildings they had erected were far +too handsome and costly to be profitable, and that the public preferred +the exhibition itself to the so-called attractions. The exhibition was +largely visited by foreigners, but various causes kept away many persons +of wealth and position. Although many speculators were ruined, the +exhibition itself was successful. The attendance was unprecedentedly +large, and during the seven months the exhibition was open, 39,000,000 +persons paid for admission with 47,000,000 tickets, since from two to +five tickets were demanded at certain times of the day and on certain +occasions. The entries of exhibitors, attendants and officials totalled +9,000,000. The receipts were 114,456,213 francs (L4,578,249), and the +expenditure 116,500,000 (L4,660,000), leaving a deficiency of rather +more than two millions of francs (L80,000). It was calculated that the +expenditure of the foreign nations which took part in the exhibition was +six millions sterling, and of the French exhibitors and concessionaires +three millions sterling. + +A new plan of classifying exhibits was adopted at Paris, all being +displayed according to their nature, and not according to their country +of origin, as had been the system at previous exhibitions. One-half the +space in each group was allotted to France, so that the exhibitors of +that nation were enabled to overwhelm their rivals by the number and +magnitude of the objects displayed by them. All the agricultural +implements, whatever their nationality, were in one place, all the +ceramics in another, so that there was no exclusively British and no +exclusively German court. The only exception to this rule was in the +Trocadero, where the French, British, Dutch, and Portuguese Colonies, +Algeria, Tunis, Siberia, the South African Republic, China and Japan +were allowed to erect at their own cost separate pavilions. The greater +number of the nationalities represented had palaces of their own in the +rue des Nations along the Quai d'Orsay, in which thoroughfare were to be +seen the buildings erected by Italy, Turkey, the United States, Denmark, +Portugal, Austria, Bosnia, Herzegovina, Peru, Hungary, the United +Kingdom, Persia, Belgium, Norway, Luxemburg, Finland, Germany, Spain, +Bulgaria, Monaco, Sweden, Rumania, Greece, Servia and Mexico. Scattered +about the grounds, in addition to those in the Trocadero, were the +buildings of San Marino, Morocco, Ecuador and Korea. Nearly every +civilized country in the world was represented at the exhibition, the +most conspicuous absentees being Argentina, Brazil, Chile, and some +other South and Central American Republics, and a number of the British +colonies. The most noteworthy attractions of the exhibition were the +magnificent effects produced by electricity in the palace devoted to it +in the Chateau d'Eau and in the Hall of Illusions, the two palaces of +the Fine Arts in the Champs Elysees, and the Bridge over the Seine +dedicated to the memory of Alexander II. These permanent Fine Art +palaces were devoted, the one to modern painting and sculpture, the +other to the works of French artists and art workmen who flourished from +the dawn of French art up to the end of the 18th century. + +The United Kingdom was well but not largely represented both in Fine +Arts and Manufactures, the administration of the section being in the +hands of a royal commission, presided over by the prince of Wales. The +British pavilion contained an important collection of paintings of the +British school, chiefly by Reynolds, Gainsborough and their +contemporaries, and by Turner and Burne-Jones. Special buildings had +been erected by the British colonies and by British India. Canada, West +Australia and Mauritius occupied the former, India and Ceylon the +latter. For the first time since the war of 1870 Germany took part in a +French International Exhibition, and the exhibits showed the great +industrial progress which had been made since the foundation of the +empire in 1870. The United States made a fine display, and fairly +divided the honours with Germany. Remarkable progress was manifested in +the exhibits of Canada and Hungary. France maintained her superiority in +all the objects in which good taste was the first consideration, but the +more utilitarian exhibits were more remarkable for their number than +their quality, except those connected with electrical work and display, +automobiles and iron-work. The number of exhibitors in the industrial +section from the British empire, including India and the colonies, was +1250, who obtained 1647 awards, as many persons exhibited in several +classes. There were, in addition, 465 awards for "collaborateurs," that +is, assistants, engineers, foremen, craftsmen and workmen who had +co-operated in the production of the exhibits. In the British Fine Arts +section there were 429 exhibits by 282 exhibitors and 175 awards. + +In later years, important international exhibitions have been held at +Glasgow, and at Buffalo, New York, in 1901, at St Louis (commemorating +the Louisiana purchase) in 1904, at Liege in 1905, at Milan in 1906, at +Dublin in 1907, and in London (Franco-British), 1908. In the artistic +taste and magnificence of their buildings and the interest of their +exhibits these took their cue from the great Paris Exhibition, and even +in some cases went beyond it, notably at Buffalo (q.v.), St Louis (q.v.) +and London. And it might well be thought that the evolution of this type +of public show had reached its limits. (G. C. L.) + + +FOOTNOTE: + + [1] An "exhibition," in the sense of a minor scholarship, or annual + payment to a student from the funds of a school or college, is a + modern survival from the obsolete meaning of "maintenance" or + "endowment" (cf. Late Lat. _exhibitio et tegumentum_, i.e. food and + raiment). + + + + +EXHUMATION (from Med. Lat. _exhumare_; _ex_, out of, and _humus_, +ground), the act of digging up and removing an object from the ground. +The word is particularly applied to the removal of a dead body from its +place of burial. For the offence of exhuming a body without legal +authority, and the process of obtaining such authority, see BURIAL AND +BURIAL ACTS. + + + + +EXILARCH, in Jewish history, "Chief or Prince of the Captivity." The +Jews of Babylonia, after the fall of the first temple, were termed by +Jeremiah and Ezekiel the people of the "Exile." Hence the head of the +Babylonian Jews was the exilarch (in Aramaic _Resh Galutha_). The office +was hereditary and carried with it considerable power. Some traditions +regarded the last king of Davidic descent (Jehoiachin) as the first +exilarch, and all the later holders of the dignity claimed to be scions +of the royal house of Judah. Under the Arsacids and Sassanids the office +continued. In the 6th century an attempt was made to secure by force +political autonomy for the Jews, but the exilarch who led the movement +(Mar Zutra) was executed. For some time thereafter the office was in +abeyance, but under Arabic rule there was a considerable revival of its +dignity. From the middle of the 7th till the 11th centuries the +exilarchs were all descendants of Bostanai, through whom "the splendour +of the office was renewed and its political position made secure" +(Bacher). The last exilarch of importance was David, son of Zakkai, +whose contest with Seadiah (q.v.) had momentous consequences. Hezekiah +(c. 1040) was the last Babylonian exilarch, though the title left its +traces in later ages. Benjamin of Tudela (_Itinerary_, p. 61) names an +exilarch Daniel b. Hisdai in the 12th century. Petahiah (_Travels_, p. +17) records that this Daniel's nephew succeeded to the office jointly +with a R. Samuel. The latter, according to Petahiah, had a learned +daughter who "gave instruction, through a window, remaining in the house +while the disciples were below, unable to see her." + +Our chief knowledge of the position and function of the exilarch +concerns the period beginning with the Arabic rule in Persia. In the age +succeeding the Mahommedan conquest the exilarch was noted for the +stately retinue that accompanied him, the luxurious banquets given at +his abode, and the courtly etiquette that prevailed there. A brilliant +account has come down of the ceremonies at the installation of a new +exilarch. Homage was paid to him by the rabbinical heads of the colleges +(each of whom was called Gaon, q.v.); rich gifts were presented; he +visited the synagogue in state, where a costly canopy had been erected +over his seat. The exilarch then delivered a discourse, and in the +benediction or doxology (_Qaddish_) his name was inserted. Thereafter he +never left his house except in a carriage of state and in the company of +a large retinue. He would frequently have audiences of the king, by whom +he was graciously received. He derived a revenue from taxes which he was +empowered to exact. The exilarch could excommunicate, and no doubt had +considerable jurisdiction over the Jews. A spirited description of the +glories of the exilarch is given in D'Israeli's novel _Alroy_. + + See Neubauer, _Mediaeval Jewish Chronicles_, ii. 68 seq.; Zacuto, + _Yuhasin_; Graetz, _Geschichte_, vols. iv.-vi.; Benjamin of Tudela, + _Itinerary_, ed. Adler, pp. 39 seq.; Bacher, _Jewish Encyclopaedia_, + vol. v. 288. (I. A.) + + + + +EXILE (Lat. _exsilium_ or _exilium_, from _exsul_ or exul, which is +derived from _ex_, out of, and the root _sal_, to go, seen in _salire_, +to leap, _consul_, &c.; the connexion with _solum_, soil, country is now +generally considered wrong), banishment from one's native country by the +compulsion of authority. In a general sense exile is applied to +prolonged absence from one's country either through force of +circumstances or when undergone voluntarily. Among the Greeks, in the +Homeric age, banishment ([Greek: phuge]) was sometimes inflicted as a +punishment by the authorities for crimes affecting the general +interests, but is chiefly known in connexion with cases of homicide. +With these the state had nothing to do; the punishment of the murderer +was the duty and privilege of the relatives of the murdered man. Unless +the relatives could be induced to accept a money payment by way of +compensation ([Greek: poine], weregeld; see especially Homer, _Iliad_, +xviii. 497), in which case the murderer was allowed to remain in the +country, his only means of escaping punishment was flight to a foreign +land. If, during his self-imposed exile, the relatives expressed their +willingness to accept the indemnity, he was at liberty to return and +resume his position in society. + +In later times banishment is (1) a legal punishment for particular +offences; (2) voluntary. + +1. Banishment for life with confiscation of property was inflicted upon +those who destroyed or uprooted the sacred olives at Athens; upon those +who remained neutral during a sedition (by a law of Solon, which +subsequently fell into abeyance); upon those who gave refuge to or +received on board ship a man who had fled to avoid punishment; upon +those who wounded with intent to kill and those who prompted them to +such an act (it is uncertain whether in this case exile was for life or +temporary); upon any one who wilfully murdered an alien; for impiety. +Certain political crimes were also similarly punished--treason, +laconism, sycophancy (see SYCOPHANT), attempts to subvert existing +decrees. For the peculiar form of banishment called OSTRACISM, see +separate article. + +In cases of voluntary homicide the punishment was death; but (except in +cases of parricide) the murderer could leave the country unmolested +after the first day of the trial. He was bound to remain outside Attica, +and when on foreign soil was not allowed to appear at the public games, +to enter the temples or take part in sacrifices; but provided that he +adhered to the prescribed regulations, he was accorded a certain amount +of protection. Even when a general amnesty was proclaimed, he was not +allowed to return; if he did so, he might at once be put to death. + +Temporary exile (the period of which is uncertain) without confiscation, +was the punishment for involuntary homicide. As soon as the relatives of +the deceased became reconciled to the man who had slain him, the latter +was permitted to return; further, since banishment was only temporary, +it is reasonable to suppose that the law insisted upon such +reconciliation. + +2. Citizens sometimes voluntarily left the country for other reasons +(debt, inability to pay a fine). Since extradition was only demanded in +cases of high treason or other serious offences against the state, the +fugitive was not interfered with. He was at liberty to return after a +certain time had elapsed. + +Little is known about exile as it affected Sparta and other Greek towns, +but it is probable that the same conditions prevailed as at Athens. + +At Rome, in early times, exile was not a punishment, but rather a means +of escaping punishment. Before judgment had been finally pronounced it +was open to any Roman citizen condemned to death to escape the penalty +by voluntary exile (_solum vertere exsilii causa_). To prevent his +return, he was interdicted from the use of fire and water; if he broke +the interdict and returned, any one had the right to put him to death. +The _aquae et ignis_ (to which _et tecti_ "shelter" is sometimes added) +_interdictio_ is variously explained as exclusion from the necessaries +of life, from the symbols of civic communion, or from "the marks of a +pure society, which the criminal would defile by his further use of +them." Subsequently (probably at the time of the Gracchi) it became a +recognized legal penalty, practically equivalent to "exile," taking the +place of capital punishment. The criminal was permitted to withdraw from +the city _after_ sentence was pronounced; but in order that this +withdrawal might as far as possible bear the character of a punishment, +his departure was sanctioned by a decree of the people which declared +his exile permanent. Authorities are not agreed whether this exile by +interdiction entailed loss of _civitas_; according to some this did not +ensue until (as in earlier times) the criminal had assumed the +citizenship of the state in which he had taken refuge and thereby lost +his rights as a citizen of Rome, while others hold that it was not until +the time of Tiberius (A.D. 23) that _capitis deminutio media_ became the +direct consequence of trial and conviction. _Interdictio_ was the +punishment for treason, murder, arson and other serious offences which +came under the cognizance of the _quaestiones perpetuae_ (permanent +judicial commissions for certain offences); confiscation of property was +only inflicted in extreme cases. + +Under the Empire _interdictio_ gradually fell into disuse and a new form +of banishment, introduced by Augustus, called _deportatio_, generally +_in insulam_, took its place. For some time the two probably existed +side by side. _Deportatio_ consisted in transportation for life to an +island (or some place prescribed on the mainland, not of Italy), +accompanied by loss of _civitas_ and all civil rights, and confiscation +of property. The most dreaded places of exile were the islands of +Gyarus, Sardinia, an oasis in the desert (_quasi in insulam_) of Libya; +Crete, Cyprus and Rhodes were considered more tolerable. Large bodies of +persons were also transported in this manner; thus Tiberius sent 4000 +freedmen to Sardinia for Jewish or Egyptian superstitious practices. +_Deportatio_ was originally inflicted upon political criminals, but in +course of time became more particularly a means of removing those whose +wealth and popularity rendered them objects of suspicion. It was also a +punishment for the following offences: adultery, murder, poisoning, +forgery, embezzlement, sacrilege and certain cases of immorality. + +_Relegatio_ was a milder form of _deportatio_. It either excluded the +person banished from one specified district only, with permission to +choose a residence elsewhere, or the place of exile was fixed. +_Relegatio_ could be either temporary or for life, but it did not in +either case carry with it loss of _civitas_ or property, nor was the +exile under military surveillance, as in the case of _deportatio_. Thus, +Ovid, when in exile at Tomi, says (_Tristia_, v. ii): "he (i.e. the +emperor) has not deprived me of life, nor of wealth, nor of the rights +of a citizen ... he has simply ordered me to leave my home." He calls +himself _relegatus_, not _exsul_. + +In later writers the word _exsilium_ is used in the sense of all its +three forms--_aquae et ignis interdictio_, _deportatio_ and _relegatio_. + +In England the first enactment legalizing banishment dates from the +reign of Elizabeth (39 Eliz. c. 4), which gave power to banish from the +realm "such rogues as are dangerous to the inferior people." A statute +of Charles II. (18 Car. II. c. 3) gave power to execute or to transport +to America for life the mosstroopers of Cumberland and Northumberland. +Banishment or transportation for criminal offences was regulated by an +act of 1824 (5 Geo. IV. s. 84) and finally abolished by the Penal +Servitude Acts 1853 and 1857 (see further DEPORTATION). The word exile +has sometimes, though wrongly, been applied to the sending away from a +country of those who are not natives of it, but who may be temporary or +even permanent residents in it (see ALIEN; EXPATRIATION; EXPULSION). + + BIBLIOGRAPHY.--J.J. Thonissen, _Le Droit penal de la republique + athenienne_ (Brussels, 1875); G.F. Schomann, _Griechische Altertumer_ + (4th ed., 1897), p. 46; T. Mommsen, _Ronmisches Strafrecht_ (1899), + pp. 68, 964, and _Romisches Staatsrecht_ (1887), iii. p. 48; L.M. + Hartmann, _De exilio apud Rumanos_ (Berlin, 1887); F. von + Holtzendorff-Vietmansdorf, _Die Deportationsstrafe im romischen + Alterthum_ (Leipzig, 1859); articles in Smith's _Dict. of Greek and + Roman Antiquities_ (3rd ed., 1890) and Daremberg and Saglio's _Dict. + des antiquites_ (C. Lecrivain and G. Humbert). + + + + + +EXILI, an Italian chemist and poisoner in the 17th century. His real +name was probably Nicolo Egidi or Eggidio. Few authentic details of his +life exist. Tradition, however, credits him with having been originally +the salaried poisoner at Rome of Olympia Maidalchina, the mistress of +Pope Innocent X. Subsequently he became a gentleman in waiting to Queen +Christina of Sweden, whose taste for chemistry may have influenced this +appointment. In 1663 his presence in France aroused the suspicions of +the French government, and he was imprisoned in the Bastille. Here he is +said to have made the acquaintance of Godin de Sainte-Croix, the lover +of the marquise de Brin-villiers (q.v.). After three months' +imprisonment, powerful influences secured Exili's release, and he left +France for England. In 1681 he was again in Italy, where he married the +countess Fantaguzzi, second cousin of Duke Francis of Modena. + + + + +EXMOOR FOREST, a high moorland in Somersetshire and Devonshire, England. +The uplands of this district are bounded by the low alluvial plain of +Sedgemoor on the east, by the lower basin of the Exe on the south, by +the basin of the Taw (in part) on the west, and by the Bristol Channel +on the north. The area thus defined, however, includes not only Exmoor +but the Brendon and Quantock Hills east of it. Excluding these, the +total area in the district lying at an elevation exceeding 1000 ft. is +about 120 sq. m. The geological formation is Devonian. The ancient +forest had an area of about 20,000 acres, and was enclosed in 1815. +Large tracts are still uncultivated; and the wild red deer and native +Exmoor pony are characteristic of the district. The highest point is +Dunkery Beacon in the east (1707 ft.), but Span Head in the south-west +is 1618 ft., and a height of 1500 ft. is exceeded at several points. The +Exe, Barle, Lyn and other streams, traversing deep picturesque valleys +except in their uppermost courses, are in favour with trout fishermen. +The few villages, such as Exford, Withypool and Simonsbath, with Lynton +and Lynmouth on the coast, afford centres for tourists and sportsmen. +Exmoor is noted for its stag hunting. The district has a further fame +through Richard Blackmore's novel, _Lorna Doone_. + + + + +EXMOUTH, EDWARD PELLEW, 1ST VISCOUNT (1757-1833), English admiral, was +descended from a family which came originally from Normandy, but had for +many centuries been settled in the west of Cornwall. He was born at +Dover, on the 19th of April 1757. At the age of thirteen he entered the +navy, and even then his smartness and activity, his feats of daring, and +his spirit of resolute independence awakened remark, and pointed him out +as one specially fitted to distinguish himself in his profession. He had, +however, no opportunity of active service till 1776, when, at the battle +of Lake Champlain, his gallantry, promptitude and skill, not only saved +the "Carleton"--whose command had devolved upon him during the progress +of the battle--from imminent danger, but enabled her to take a prominent +part in sinking two of the enemy's ships. For his services on this +occasion he obtained a lieutenant's commission, and the command of the +schooner in which he had so bravely done his duty. The following year, in +command of a brigade of seamen, he shared in the hardships and perils of +the American campaign of General Burgoyne. In 1782, in command of the +"Pelican," he attacked three French privateers inside the Ile de Batz, +and compelled them to run themselves on shore--a feat for which he was +rewarded by the rank of post-captain. On the outbreak of the French War +in 1793, he was appointed to the "Nymphe," a frigate of 36 guns; and, +notwithstanding that for the sake of expedition she was manned chiefly by +Cornish miners, he captured, after a desperate conflict, the French +frigate "La Cleopatre," a vessel of equal strength. For this act he +obtained the honour of knighthood. In 1794 he received the command of the +"Arethusa" (38), and in a fight with the French frigate squadron off the +Ile de Batz he compelled the "Pomona" (44) to surrender. The same year +the western squadron was increased and its command divided, the second +squadron being given to Sir Edward Pellew in the "Indefatigable" (44). +While in command of this squadron he, on several occasions, performed +acts of great personal daring; and for his bravery in boarding the +wrecked transport "Dutton," and his promptitude and resolution in +adopting measures so as to save the lives of all on board, he was in 1796 +created a baronet. In 1798 he joined the channel fleet, and in command of +the "Impetueux" (74) took part in several actions with great distinction. +In 1802 Sir Edward Pellew was elected member of parliament for Dunstable, +and during the time that he sat in the Commons he was a strenuous +supporter of Pitt. In 1804 he was made rear-admiral of the blue, and +appointed commander-in-chief in India, where, by his vigilance and +rapidity of movement, he entirely cleared the seas of French cruisers, +and secured complete protection to English commerce. He returned to +England in 1809, and in 1810 was appointed commander-in-chief in the +North Sea, and in 1811 commander-in-chief in the Mediterranean. In 1814 +he was created Baron Exmouth of Canonteign, and in the following year was +made K.C.B., and a little later G.C.B. When the dey of Algiers, in 1816, +violated the treaty for the abolition of slavery, Exmouth was directed to +attack the town. Accordingly, on the 26th of August, he engaged the +Algerine battery and fleet, and after a severe action of nine hours' +duration, he set on fire the arsenal and every vessel of the enemy's +fleet, and shattered the sea defences into ruins. At the close of the +action the dey apologized for his conduct, and agreed to a renewal of the +treaty, at the same time delivering up over three thousand persons of +various nationalities who had been Algerine slaves. For this splendid +victory Exmouth was advanced to the dignity of viscount. Shortly before +his death, which took place on the 23rd of January 1833, he was made +vice-admiral. + +He had married Susan (d. 1837), daughter of James Frowde of Knoyle, +Wiltshire, who bore him four sons and two daughters. His eldest son, +Pownoll Bastard Pellew (1786-1833), became 2nd Viscount Exmouth, and his +descendant, Edward Addington Hargreaves Pellew (b. 1890), became the 5th +viscount in 1899. + +Exmouth's second son, Sir Fleetwood Broughton Reynolds Pellew +(1789-1861), was like his father an admiral. The third son was George +Pellew (1793-1866), author and divine, who married Frances (d. 1870), +daughter of the prime minister, Lord Sidmouth, and wrote his +father-in-law's life (_The Life and Correspondence of Henry Addington, +1st Viscount Sidmouth_, 1847). + +Exmouth had a brother, Sir Israel Pellew (1758-1832), also an admiral, +who was present at the battle of Trafalgar. + + A _Life_ of the 1st viscount, by Edward Osler, was published in 1835. + + + + +EXMOUTH, a market-town, seaport and watering-place in the Honiton +parliamentary division of Devonshire, England, at the mouth of the river +Exe, 10-1/2 m. S.E. by S. of Exeter by the London & South-Western +railway. Pop. of urban district (1901) 10,485. In the 18th century it +consisted of a primitive fishing village at the base of Beacon Hill, a +height commanding fine views over the estuary and the English Channel. +After its more modern terraces were built up the hillside, Exmouth +became the first seaside resort in Devon. Its excellent bathing and the +beauty of its coast and moorland scenery attract many visitors in +summer, while it is frequented in winter by sufferers from pulmonary +disease. The climate is unusually mild, as a range of hills shelters the +town on the east. A promenade runs along the sea wall; there are golf +links and public gardens, and the port is a favourite yachting centre, a +regatta being held annually. Near the town is a natural harbour called +the Bight. The local industries include fishing, brick-making and the +manufacture of Honiton lace. Exmouth was early a place of importance, +and in 1347 contributed 10 vessels to the fleet sent to attack Calais. +It once possessed a fort or "castelet," designed to command the estuary +of the Exe. This fort, which was garrisoned for the king during the +Civil War, was blockaded and captured by Colonel Shapcoate in 1646. + + + + +EXODUS, BOOK OF, in the Bible, a book of the Old Testament which derives +its name, through the Greek, from the event which forms the most +prominent feature of the history it narrates, viz. the deliverance of +Israel from Egypt. Strictly speaking, however, this title is applicable +to the first half only, the historical portion of the book, and takes no +account of those chapters which describe the giving of the Law on Mt. +Sinai, nor of those which deal with the Tabernacle and its furniture. By +the Jews it is usually styled after its opening words [Hebrew: We'eleh +Shemoth] (_We'eleh Shemoth_) or, more briefly, [Hebrew: Shemoth] +(_Shemoth_). + +In its present form the book sets forth (a) the oppression of the +Israelites in Egypt (ch. i.), (b) the birth and education of Moses, and +his flight to the land of Midian (ch. ii.), (c) the theophany at Mt. +Horeb (the Burning Bush), and the subsequent commission of Moses and +Aaron (iii. 1-iv. 17), (d) the return of Moses to Egypt, and his appeal +to Pharaoh which results in the further oppression of Israel (iv. +18-vii. 7), (e) the plagues of Egypt (vii. 8-xi. 10), (f) the +institution of the Passover and of the Feast of Unleavened Cakes, the +last plague, and Israel's departure from Egypt (xii. 1-xiii. 16), (g) +the crossing of the Red Sea and the discomfiture of the Egyptians, the +Song of Triumph, the sending of the manna and other incidents of the +journeying through the wilderness (xiii. 17-xviii. 27), (h) the giving +of the Law, including the Decalogue and the so-called Book of the +Covenant, on Sinai-Horeb (xix.-xxiv.), (i) directions for the building +of the Tabernacle and for the consecration of the priests (xxv.-xxxi.), +(j) the sin of the Golden Calf, and another earlier version of the first +legislation (xxxii.-xxxiv.), (k) the construction of the Tabernacle and +its erection (xxxv.-xl.). The book of Exodus, however, like the other +books of the Hexateuch, is a composite work which has passed, so to +speak, through many editions; hence the order of events given above +cannot lay claim to any higher authority than that of the latest editor. +Moreover, the documents from which the book has been compiled belong to +different periods in the history of Israel, and each of them, +admittedly, reflects the standpoint of the age in which it was written. +Hence it follows that the contents of the book are not of equal +historical value; and though the claim of a passage to be considered +historical is not necessarily determined by the age of the source from +which it is derived, yet, in view of the known practice of Hebrew +writers, greater weight naturally attaches to the earlier documents in +those cases in which the sources are at variance with one another. Any +attempt, therefore, at restoring the actual course of history must be +preceded by an inquiry into the source of the various contents of the +book. + +The sources from which the book of Exodus has been compiled are the same +as those which form the basis of the book of Genesis, while the method +of composition is very similar. Here, too, the strongly marked +characteristics of P, or the Priestly Document, as opposed to JE, enable +us to determine the extent of that document with comparative ease; but +the absence, in some cases, of conclusive criteria prevents any final +judgment as to the exact limits of the two strands which have been +united in the composite JE. The latter statement applies especially to +the legislative portions of the book: in the historical sections the +separation of the two sources gives rise to fewer difficulties. It does +not, however, lie within the scope of the present article to examine the +various sources underlying the narrative with any minuteness, but rather +to sum up those results of modern criticism which have been generally +accepted by Old Testament scholars. To this end it will be convenient to +treat the subject-matter of the book under three main heads: (a) the +historical portion (ch. i.-xviii.), (b) the sections dealing with the +giving of the Law (xix.-xxiv., xxxii.-xxxiv.), and (c) the construction +of the Tabernacle and its furniture (xxv.-xxxi., xxxv.-xl.). + + (a) _Israel in Egypt and the Exodus_ (ch. i.-xviii.). (1) i. 1-vii. + 13.--The analysis of these chapters shows that the history, in the + main, has been derived from the two sources J and E, chiefly the + former, and that a later editor has included certain passages from P, + besides introducing a slight alteration of the original order and + other redactional changes. The combined narrative of JE sets forth the + rise of a new king in Egypt, who endeavoured to check the growing + strength of the children of Israel; it thus prepares the way for the + birth of Moses, his early life in Egypt, his flight to Midian and + marriage with Zipporah, the theophany at Mt. Horeb, and his divine + commission to deliver Israel from Egypt. + + At the very outset the two sources betray their divergent origin and + point of view. According to J (i. 6, 8-12, 20b) the Israelites dwell + apart in the province of Goshen, and their numbers become so great as + to call for severe measures of repression, the method employed being + that of forced labour. E, on the other hand (i. 15-20a, 21, 22), + represents them as living among the Egyptians, and so few in number + that two midwives satisfy their requirements. It is to this latter + source that we owe the account of the birth of Moses and of his + education at the court of Pharaoh (ii. 1-10). On reaching manhood + Moses openly displays his sympathy with his brethren by slaying an + Egyptian, and has, in consequence, to flee to Midian, where he marries + Zipporah, the daughter of the priest of Midian (ii. 11-22). In this + section the editor has undoubtedly made use of the parallel narrative + of J, though it is impossible to determine the exact point at which + J's account is introduced: certainly ii. 15b-22 belong to that + source.[1] The narrative of the call of Moses is by no means uniform, + and shows obvious traces of twofold origin (J iii. 2-4a, 5, 7, 8, + 16-18; iv. 1-12 (13-16), 29-31; E iii. 1, 4b, 6, 9-14, 21, 22; iv. 17, + 18, 20b, 27, 28). These two sources present striking points of + difference, which reappear in the subsequent narrative. According to + E, Moses with Aaron is to demand from Pharaoh the release of Israel, + which will be effected in spite of his opposition; in assurance + thereof the promise is given that they shall serve God upon this + mountain; moreover, the people on their departure are to borrow + raiment and jewels from their Egyptian neighbours. According to J, on + the other hand, the spokesmen are to be Moses and the elders; and + their request is for a temporary departure only, viz. "three days' + journey into the wilderness"; their departure from Egypt is a hurried + one. Yet another difficulty, which disappears as soon as the composite + character of the narrative is recognized, is that of the signs. In J + three signs are given for the purpose of reassuring Moses, only one of + which is wrought with the rod (iv. 1-9), but in iv. 17 (E) the + reference is clearly to entirely different signs, probably the plagues + of Egypt, which according to E were invariably wrought by "the rod of + God." Further, it is questionable if the passage iv. 13-16 really + forms part of the original narrative of J, and is not rather to be + ascribed to the redactor of JE. The name of Aaron has certainly been + introduced by a later hand in J's account of the plague of frogs + (viii. 12), and the only passage in J in which Aaron is represented as + taking an active part is iv. 29-31, where the mention of his name + causes no little difficulty.[2] In E, on the other hand, Aaron is sent + by God to meet Moses at Mt. Horeb, after the latter had taken leave of + Jethro, and, later on, accompanies him into the presence of Pharaoh. + The succeeding narrative (v. 1-vi. 1) is mainly taken from J, though + E's account of the first interview with Pharaoh has been partially + retained in v. 1, 2, 4. Moses and the elders ask leave to go three + days' journey into the wilderness to sacrifice to Yahweh, a request + which is met by an increase of the burdensome work of brick-making: + henceforward the Israelites have to provide their own straw. The + people complain bitterly to Moses, who appeals to Yahweh and is + assured by him of the future deliverance of Israel "by a strong hand." + + With the exception of the genealogical list (i. 1-5) and the brief + notices of the increase of Israel (i. 7) and of its oppression at the + hands of the Egyptians (i. 13, 14; ii. 23b-25), the narrative so far + exhibits no traces of P[3]. But in vi. 2-vii. 13 we are confronted + with a narrative which carries us back to ii. 23b-25 and gives + practically a parallel account to that of JE in ch. iii.-v. Thus the + revelation of the divine name, vi. 2f., finds its counterpart in iii. + 10f., the message to be delivered to Israel (vi. 6f.) is very similar + to that of ch. iii. 16f., while the demand which is to be addressed to + Pharaoh is identical with that which had been already refused in ch. + v. No allusion, however, is made by Moses to this previous demand; he + merely urges the same objection as that put forward in iv. 10f. With + the resumption[4] of the story in vi. 28f. Moses reiterates his + objection, and is told that Aaron shall be his "prophet" and speak for + him, and shall also perform the sign of the rod (cf. iv. 2-4). The + sign, however, has no effect on Pharaoh (vii. 13), and we thus reach + the same point in the narrative as at vi. 1. Apart from the literary + characteristics which clearly differentiate this narrative from the + preceding accounts of J and E, the following points of variation are + worthy of consideration: (1) The people refuse to listen to Moses; (2) + Aaron is appointed to be Moses' spokesman, not with the _people_, but + with Pharaoh; (3) _one_ sign is given (not _three_) and performed + before Pharaoh; (4) the rod is turned into a reptile (_tannin_), not a + serpent (_nahash_). + + (2) vii. 14-xi. 10. _The First Plagues of Egypt._--In this section the + analysis again reveals three main sources, which are clearly marked + off from one another both by their linguistic features and by their + difference of representation. The principal source is J, from which + are derived six plagues, viz. killing of the fish in the river (vii. + 14, 16, 17a, 18, 21a, 24, 25), frogs (viii. 1-4, 8-150), insects + (viii. 20-32), murrain (ix. 1-7), hail (ix. 13-18, 23b, 24b, 25b-34), + locusts (x. 1a, 3-11, 13b, 14b, 15a, c-19, 24-26, 28, 29), the threat + to slay all the first-born (xi. 4-8). The most striking characteristic + of this narrative is that the plagues are represented as mainly due to + natural causes and follow a natural sequence. Thus Yahweh smites the + river so that the fish die and render the water undrinkable. This is + succeeded by a plague of frogs. The swarms of flies and insects, which + next appear, are the natural outcome of the decaying masses of frogs, + and these, in turn, would form a natural medium for the spread of + cattle disease. Destructive hailstorms, again, though rare, are not + unknown in Egypt, while the locusts are definitely stated to have been + brought by a strong east wind. Other distinctive features of J's + narrative are: (1) Moses alone is bidden to interview Pharaoh (vii. 14 + f.; viii. 1 f., 20 f.; ix. 1 f., 13 f.; x. 1 f.); (2) on each occasion + he makes a formal demand; (3) on Pharaoh's refusal the plague is + announced, and takes place at a fixed time without any human + intervention; (4) when the plague is sent, Pharaoh sends for Moses and + entreats his intercession, promising in most cases to accede in part + to his request; when the plague is removed, however, the promise is + left unfulfilled, the standing phrase being "and Pharaoh's heart was + heavy ([Hebrew: kaved])," or "and Pharaoh made heavy ([Hebrew: + hihbid]) his heart"; (5) the plagues do not affect the children of + Israel in Goshen. E's account (water turned into blood, vii. 15, 17b, + 20b, 23; hail, ix. 22, 23a, 24a, 25a, 35; locusts, x. 12, 13a, 14a, + 15b) is more fragmentary, having been doubtless superseded in most + cases by the fuller and more graphic narrative of J, but the plague of + darkness (x. 20-23, 27) is found only in this source. As contrasted + with J the narrative emphasizes the miraculous character of the + plagues. They are brought about by "the rod of God," which Moses + wields, the effect being instantaneous and all-embracing. The + Israelites are represented as living among the Egyptians, and enjoy no + immunity from the plagues, except that of darkness. Their departure + from Egypt is deliberate; the people have time to borrow raiment and + jewels from their neighbours. E regularly uses the phrase "and + Pharaoh's heart was strong ([Hebrew: hazak])," or "and Yahweh made + strong ([Hebrew: hizek]) Pharaoh's heart" and "he would not let the + children of Israel (or, them) go." In the priestly narrative (P) the + plagues assume the form of a trial of skill between Aaron, who acts at + Moses' command, and the Egyptian magicians, and thus connect with vii. + 8-13. The magicians succeed in turning the Nile water into blood (vii. + 19, 20a, 21b, 22), and in bringing up frogs (viii. 5-7), but they fail + to bring forth lice (viii. 15b-19), and are themselves smitten with + boils (ix. 8-12): the two last-named plagues have no parallel either + in J or E. Throughout the P sections Aaron is associated with Moses, + and the regular command given to the latter is "Say unto Aaron": no + demand is ever made to Pharaoh, and the description of the plague is + quite short. The formula employed by P is "and Pharaoh's heart was + strong ([Hebrew: hazak])," or, "and Pharaoh made strong ([Hebrew: + hizek]) his heart," as in E, but it is distinguished from E's phrase + by the addition of "and he hearkened not unto them as Yahweh had + spoken." + + (3) xii. i-xiii. 16. _The Last Plague, the Deliverance from Egypt, the + Institution of the Passover and of the Feast of Unleavened Cakes, the + Consecration of the First-born._--This section presents the usual + phenomena of a composite narrative, viz. repetitions and + inconsistencies. Thus J's regulations for the Passover (xii. 21-23, + 27b) seem at first sight simply to repeat the commands given to Moses + and Aaron in xii. 1-13 (P), but in reality they are a parallel and + divergent account. In vv. 1-13 the choice of the lamb and the manner + in which it is to be eaten constitute the essential feature, the + smearing with the blood being quite secondary; in vv. 21 f. the latter + point is all-important, and no regulations are given for the paschal + meal (which, possibly, formed no part of J's original account). + Similarly the institution of the Feast of _Mazzoth_, or Unleavened + Cakes (xiii. 3-10J), does not form the sequel to the regulations laid + down in xii. 14-20 (P), but is independent of them: it omits all + reference to the "holy convocations" and to the abstinence from + labour, and is obviously simpler and more primitive. J's account, + again, makes important exceptions (xiii. 11-13) to the severe + enactment of P with reference to the first-born (xiii. 1). The + description of the smiting of the first-born of Egypt is derived from + J (xii. 29-34, 37-39), who clearly sees in the Feast of _Mazzoth_ a + perpetual reminder of the haste with which the Israelites fled from + Egypt; the editor of JE, however, has included some extracts from E + (xii. 31, 35, 36), which point to a more deliberate departure. The + section has been worked over by a Deuteronomistic editor, whose hand + can be clearly traced in the additions xii. 24-27a; xiii. 3b, 5, 8, 9, + 14-16. + + (4) xiii. 17-xv. 21. _The Crossing of the Red Sea._--According to J + the children of Israel departed from Egypt under the guidance of + Yahweh, who leads them by day in a pillar of cloud and by night in a + pillar of fire (xiii. 21, 22). On hearing of their flight Pharaoh at + once starts in pursuit. The Israelites, terrified by the approach of + the Egyptians, upbraid Moses, who promises them deliverance by the + hand of Yahweh (xiv. 5, 6,-7b, 10a, 11-14, 19b). Yahweh then causes a + strong east wind to blow all that night, which drives back the waters + from the shallows, and so renders it possible for the host of Israel + to cross over. The Egyptians follow, but the progress of their + chariots is hindered by the soft sand, and in the morning they are + caught by the returning waters (xiv. 21b, 24, 25, 27b, 28b, 30). The + story, however, has been combined with the somewhat different account + of E, which doubtless covered the same ground, and also with that of + P. According to the former, Elohim did not permit the Israelites to + take the shorter route to Canaan by the Mediterranean coast, for fear + of the Philistines, but led them southwards to the Red Sea, whither + they were pursued by the Egyptians (xiii. 17-19). The remainder of E's + account has only been preserved in a fragmentary form (xiv. 7aa, 10b, + 15a, 19a, 20a), from which it may be gathered that Moses divided the + waters by stretching out his rod, thus presupposing that the crossing + took place by day, and that the dark cloud which divided the two hosts + was miraculously caused by the angel of God. P also represents the sea + as divided by means of Moses' rod, but heightens the effect by + describing the crossing as taking place between walls of water (xiii. + 20; xiv. 1-4, 8, 9, 15b, 16b-18, 21a, c, 22, 23, 26, 27a, 28a, 29). + + J's version of the Song of Moses probably does not extend beyond xv. + 1, and has its counterpart in the very similar song of Miriam (E), in + vv. 20, 21. The rest of the song (vv. 2-18) is probably the work of a + later writer; for these verses set forth not only the deliverance from + Egypt, but also the entrance of Israel into Canaan (vv. 13-17), and + further presuppose the existence of the temple (vv. 13b, 17b). These + phenomena have been explained as due to later expansion, but the poem + has all the appearance of being a unity, and the language, style and + rhythm all point to a later age. Verse 19 is probably the work of the + redactor (R^P) who inserted the song. + + (5) xv. 22-xviii. 27. _Incidents in the Wilderness._--The narrative of + the first journeying in the wilderness (xv. 22-xvii. 7) presents a + series of difficulties which probably owe their origin to the + editorial activity of R^P, who appears to have transferred to the + beginning of the wanderings a number of incidents which rightly belong + to the end. The concluding verses of ch. xv. contain J's account of + the sweetening of the waters of Marah, with which has been + incorporated a fragment of E's story of Massah (xv. 25b) and a + Deuteronomic expansion in v. 26. Then follows (ch. xvi.) P's version + of the sending of the manna and quails. In its present form, this + narrative contains a number of conflicting elements, which can only be + the result of editorial activity. Thus vv. 6, 7 must originally have + preceded vv. 11, 12, though the redactor has attempted to evade the + difficulty by inserting v. 8. Again, the account of the quails, which + is obviously incomplete, is undoubtedly derived from Num. xi.; but the + latter account, which admittedly belongs to JE, places the incident at + the end of the wanderings. Closer examination also of P's narrative of + the manna shows that its true-position is _after_ the departure from + Mt. Sinai; cf. the expressions used in vv. 9, 10, 33, 34, implying the + existence of the ark and the tabernacle. P's account of the manna, + however, can hardly have stood originally in close juxtaposition with + his account of the quails (cf. Num. xi. 6), but the two narratives + were probably combined by R^P before they were transferred to their + present position. The same redactor doubtless added v. 8 (and possibly + vv. 17, 18) by way of explanation, and vv. 5 and 22-30, which imply + that the law of the Sabbath was already known, and introduce a fresh + element into the story. A plausible explanation of R^P's action is + supplied by the theory that an earlier account of the giving of the + manna already existed at this point of the narrative. We know from + Deuteronomy viii. 2 f., 16 that JE contained an account of the manna, + which included the explanation of Ex. xvi. 15, and also emphasized, as + the motive for the gift, Yahweh's desire "to prove thee (i.e. test thy + disposition) ... whether thou wouldst keep his commandments, or no." + Fragments of this early story of Massah (testing) were incorporated by + R^P in his story of the manna and the quails, viz. xv. 25b; xvi. 4, + 15, 16a, 19b-21. These verses must be assigned to E, for in xvii. 3, + 2c (wherefore do ye tempt the Lord?), 7a (to _Massah_), c (because + they tempted ..., &c.), we find yet another version (J) of the same + incident, according to which the people tempted (tested) Yahweh. It + was owing to the combination of this latter account with E's further + description of the striving of the people for water at Meribah that + the double name Massah-Meribah arose, xvii. 1b-7 (1a belongs to P), + though Deut. xxxiii. 8 makes it clear that Massah and Meribah were + separate localities (cf. Deut. ix. 22, 2 f., 16, where Massah occurs + alone): P's version of striving at Meribah, in which traces of J's + account have been preserved, is given at Num. xx. 1-13. + + xvii. 8-16. _The Battle with Amalek at Rephidim._--This incident is + derived from E, but is clearly out of place in its present context. + Its close connexion with the end of the wanderings is shown by (a) the + description of Moses as an infirm old man; (b) the role played by + Joshua in contrast with xxiv. 13, xxxiii. 11, where he is introduced + as a young man and Moses' minister; and (c) the references elsewhere + to the home of the Amalekites: according to Num. xiii. 29, xiv. 25, + xliii. 45, they dwelt in the S. or S.W. of Judah near Kadesh (cf. 1 + Sam. xv. 6 f., 30; Gen. xiv. 7; xxxvi. 12). + + Ch. xviii. _The visit of Jethro to Moses and the appointment of + judges._--This story, like the preceding one, is mainly derived from E + and is also out of place. Allusions in the chapter itself point + unmistakably to a time just before the departure from Sinai-Horeb, and + this date is confirmed both by Deut. i. 9-16 and by the parallel + account of J in Num. x. 29-32. The narrative, however, displays signs + of compilation, and it is not improbable that R^JE has incorporated in + vv. 7-11 part of J's account of the visit of Moses' father-in-law (cf. + the use of Yahweh). + + (b) Ch. xix.-xxiv., xxxii., xxxiv.--The contents of these chapters, + which, owing to their contents, form the most important section in the + book of Exodus, may be briefly analysed as follows. In ch. xix. we + have a twofold description of the theophany on Mt. Sinai (or Horeb), + followed by the Decalogue in xx. 1-17. Alongside of this code we find + another, dealing in part with the civil and social (xxi. 2-xxii. 17), + in part with the religious life of Israel, the so-called Book of the + Covenant, xx. 22-xxiii. 19. Ch. xxiv. contains a composite narrative + of the ratification of the covenant. In chs. xxxii. and xxxiii. we + have again two narratives of the sin of the people and of Moses' + intercession, while in ch. xxxiv. we are confronted with yet another + early code, which is practically identical with the religious + enactments of xx. 22-26; xxii. 29, 30; xxiii. 10-19. + + With but few exceptions the _provenance_ of the individual sections + may be said to have been finally determined by the labours of the + critics, but even a cursory examination of their contents makes it + evident that the sequence of events, which they now present, cannot be + original, but is rather the outcome of a long process of revision, + during which the text has suffered considerably from alterations, + omissions, dislocations and additions. Yet owing to the method of + composition employed by Hebrew editors, or revisers, it is possible in + this case, as in others, not only to determine the source of each + individual passage, but also to trace with considerable confidence the + various stages in the process by which it reached its final form and + position. It must, however, be admitted that the evidence at our + disposal is, in some cases, capable of more than one interpretation. + Hence a final conclusion can hardly be expected, but with certain + modifications in detail the following solution of the problem may be + accepted as representing the point of view of recent criticism. + + Ch. xix. contains two parallel accounts of the theophany on + Horeb-Sinai, from E and J respectively, which differ materially from + one another. According to the former, Moses is instructed by God + (Elohim) to sanctify the _people_ against the third day (vv. 9a, 10, + 11a). This is done and the people are brought by Moses to the foot of + the mountain (Horeb), where they hear the divine voice (14-17, 19). A + noticeable feature of this narrative, of which xx. 18-21 forms a + natural continuation, is the fact that the theophany is addressed to + the _people_, who are too frightened to remain near the mountain + itself. In J, on the other hand, it is the _priests_ who are + sanctified, and great care must be taken to prevent the people from + "breaking through to gaze" (20-22). In this account the mountain is + called "Sinai" throughout, and "Yahweh" appears instead of "Elohim" + (11b, 18, 20 f.). Moreover, Moses and Aaron and the priests are + summoned to the top of the mount (in v. 24b render "thou and Aaron + with thee, and the priests: but let not the people," &c.). Vv. 3b-8, + which have been expanded by a Deuteronomic editor, have been + transferred from their original context after xx. 21; the introductory + verses 1, 2a form part of P's itinerary. + + Of the succeeding legislation in xx.-xxiii., xxxii.-xxxiv., + undoubtedly the earlier sections are xx. 22-26; xxii. 29, 30; xxiii. + 10-19, and xxxiv. 10-26, which contain regulations with regard to + worship and religious festivals, and form the basis of the covenant + made by Yahweh with Israel on Sinai-Horeb, as recorded by E and J + respectively. The narrative which introduces the covenant laws of J + has been preserved partly in its present context, ch. xxxiv., partly + in xxiv. 1, 2, 9-11; the narrative of E, on the other hand, has in + part disappeared owing to the interpolation of later material, in part + has been retained in xxiv. 3-8. J's narrative xxiv. 1 f., 9-11 clearly + forms the continuation of xix. 20 f., 11b, 13, 25, but the + introductory words of v. 1, "and unto Moses he said," point to some + omission. Originally, no doubt, it included the recital of the divine + instructions to the people in accordance with xix. 21 f., 11b-13, the + statement that Yahweh came down on the third day, and that a long + blast was blown on the trumpet (or ram's horn [[Hebrew: yovel], as + opposed to [Hebrew: shofar] E]). From xxiv. 1 f. we learn that Moses + and Aaron, Nadab and Abihu, and seventy of the elders were summoned to + the top of the mountain, but that Moses alone was permitted to + approach Yahweh. Then followed the theophany, and, as the text stands, + the sacrificial meal (9-11).[5] The conclusion of J's narrative is + given in ch. xxxiv.,[6] which describes how Moses hewed two tables of + stone at Yahweh's command, and went up to the top of the mountain, + where he received the words of the covenant and wrote them on the + tables. As it stands, however, this chapter represents the legislation + which it contains as a renewal of a former covenant, also written on + tables of stone, which had been broken (1b, 4a). But the document from + which the chapter, as a whole, is derived, is certainly J, while the + previous references to tables of stone and to Moses' breaking them + belong to the parallel narrative of E. Moreover, the covenant here set + forth (v. 10 f.) is clearly a new one, and contains no hint of any + previous legislation, nor of any breach of it by the people. In view + of these facts we are forced to conclude that 1b ("like unto the first + ... brakest"), 4a ("and he hewed ... the first") and v. 28 ("the ten + words") formed no part of the original narrative,[7] but were inserted + by a later Deuteronomic redactor. In the view of this editor the + Decalogue alone formed the basis of the covenant at Sinai-Horeb, and + in order to retain J's version, he represented it as a renewal of the + tables of stone which Moses had broken.[8] + + The legislation contained in xxxiv. 10-26, which may be described as + the oldest legal code of the Hexateuch, is almost entirely religious. + It prohibits the making of molten images (v. 17), the use of leaven in + sacrifices (25a), the retention of the sacrifice until the morning + (25b),[9] and the seething of a kid in its mother's milk (26b); and + enjoins the observance of the three annual feasts and the Sabbath + (18a, 21-23), and the dedication of the first-born (19, 20, derived + from xiii. 11-13) and of the first-fruits (26a). + + The parallel collection of E is preserved in xx. 24-26, xxiii. 10-19, + to which we should probably add xxii. 29-31 (for which xxiii. 19a was + afterwards substituted). The two collections resemble one another so + closely, both in form and extent, that they can only be regarded as + two versions of the same code. E has, however, preserved certain + additional regulations with regard to the building of altars (xx. + 24-26) and the observance of the seventh year (xxiii. 10, 11), and + omits the prohibition of molten images (xx. 22, 23, appear to be the + work of a redactor); xxiii. 20-33, the promises attached to the + observance of the covenant, probably formed no part of the original + code, but were added by the Deuteronomic redactor; cf. especially vv. + 23-25a, 27, 28, 31b-33. The narrative of E relative to the delivery of + these laws has disappeared,[10] but xxiv. 3-8 (which manifestly have + no connexion with their immediate context) clearly point back to some + such narrative. These verses describe how Moses wrote all the words of + the Lord in a book and recited them to the _people_ (v. 7) as the + basis of a covenant, which was solemnly ratified by the sprinkling of + the blood of the accompanying sacrifices. + + In the existing text the covenant laws of E (xx. 24-26, xxii. 29-31, + xxiii. 10-19) are combined with a mass of civil and other legislation; + hence the title "Book of the Covenant" (referred to above, xxiv. 7) + has usually been applied to the whole section, xx. 22-xxiii. 33. But + this section includes three distinct elements: (a) the "words" + ([Hebrew: hadvarim]) found in xx. 24-26, xxii. 29-31, xxiii. 1-10; (b) + the "judgments" ([Hebrew: hamishpatim]), xxi. 2-xxii. 17; and (c) a + group of moral and ethical enactments, xxii. 18-28, xxiii. 1-9; and an + examination of their contents makes it evident that, though the last + two groups are unmistakably derived from E, they cannot have formed + part of the original "Book of the Covenant"; for the "judgments," + which are expressed in a hypothetical form, consist of a number of + legal decisions on points of civil law. The cases dealt with fall into + five divisions: (1) The rights of slaves, xxi. 2-11; (2) capital + offences, xxi. 12-16 (v. 17 has probably been added later); (3) + injuries inflicted by man or beast, xxi. 18-32; (4) losses incurred by + culpable negligence or theft, xxi. 33-xxii. 6; (5) cases arising out + of deposits, loans, seduction, xxii. 7-17. It is obvious, from their + very nature, that these legal precedents could not have been included + in the covenant which the _people_ (xxiv. 3) promised to observe, and + it is now generally admitted that the words "and the judgments" + (which are missing in c. 1 b) have been inserted in xxiv. 3a by the + redactor to whom the present position of the "judgments" is due.[11] + The majority of critics, therefore, adopt Kuenen's conjecture that the + "judgments" were originally delivered by Moses on the borders of Moab, + and that when D's revised version of Ex. xxi.-xxiii. was combined with + JE, the older code was placed alongside of E's other legislation at + Horeb. The third group of laws (xxii. 18-28, xxiii. 1-9) appears to + have been added somewhat later than the bulk of xxi.-xxiii. Some of + the regulations are couched in hypothetical form, but their contents + are of a different character to the "judgments," e.g. xxii. 25 f., + xxiii. 4 f.; others, again, are of a similar nature, but differ in + form, e.g. xxii. 18 f. Lastly, xxii. 20-24, xxiii. 1-3 set forth a + number of moral injunctions affecting the individual, which cannot + have found place in a civil code. At the same time, these additions + must for the most part be prior to D, since many of them are included + in Deut. xii.-xxvi., though there are traces of Deuteronomic revision. + + Now it is obvious that the results obtained by the foregoing analysis + of J and E have an important bearing on the history of the remaining + section of E's legislation, viz. the Decalogue (q.v.), Ex. xx. 1-17 (= + Deut. v. 6-21). At present the "Ten Words" stand in the forefront of + E's collection of laws, and it is evident that they were already found + in that position by the author of Deuteronomy, who treated them as the + sole basis of the covenant at Horeb. The evidence, however, afforded + (a) by the parallel version of Deuteronomy and (b) by the literary + analysis of J and E not only fails to support this tradition, but + excites the gravest suspicions as to the originality both of the + _form_ and of the _position_ in which the Decalogue now appears. For + when compared with Ex. xx. 1-17 the parallel version of Deut. v. 6 ff. + is found to exhibit a number of variations, and, in particular, + assigns an entirely different reason for the observance of the + Sabbath. But these variations are practically limited to the + explanatory comments attached to the 2nd, 4th, 5th and 10th + commandments; and the majority of critics are now agreed that these + comments were added at a later date, and that all the commandments, + like the 1st and the 6th to the 9th, were originally expressed in the + form of a single short sentence. This view is confirmed by the fact + that the additions, or comments, bear, for the most part, a close + resemblance to the style of D. They can scarcely, however, have been + transferred from Deuteronomy to Exodus (or vice versa), owing to the + variations between the two versions: we must rather regard them as the + work of a Deuteronomic redactor. But the expansion and revision of the + Decalogue were not limited to the Deuteronomic school. Literary traces + of J and E in the 2nd, 3rd, 4th and 10th commandments point to earlier + activity on the part of R^JE, while the addition of v. 11, which bases + the observance of the Sabbath on P 's narrative of the Creation (Gen. + ii. 1-3), can only be ascribed to a priestly writer: its absence from + Deut. v. 6 ff. is otherwise inexplicable. Thus the Decalogue, as given + in Exodus, would seem to have passed through at least three stages + before it assumed its present form. But even in its original form it + could hardly have formed part of E's Horeb legislation; for (a) both J + and E have preserved a different collection of laws (or "words") + inscribed by Moses, which are definitely set forth as the basis of the + covenant at Sinai-Horeb (Ex. xxxiv. 10, xxiv. 3 f.), and (b) the + further legislation of E in ch. xx.-xxiii. affords close parallels to + all the commandments (except the 7th and the 10th), and a comparison + of the two leaves no doubt as to which is the more primitive. Hence we + can only conclude that the Decalogue, in its original short form, came + into existence during the period after the completion of E, but before + the promulgation of Deuteronomy. Its present position is, doubtless, + to be ascribed to a redactor who was influenced by the same conception + as the author of Deuteronomy. This redactor, however, did not limit + the Horeb covenant to the Decalogue, but retained E's legislation + alongside of it. The insertion of the Decalogue, or rather the point + of view which prompted its insertion, naturally involved certain + consequential changes of the existing text. The most important of + these, viz. the harmonistic additions to ch. xxxiv., by means of which + J's version of the covenant was represented as a renewal of the + Decalogue, has already been discussed; other passages which show + traces of similar revision are xxiv. 12-15a, 18b, and xxxiv. 1-6. + + The confusion introduced into the legislation by later additions, with + the consequent displacement of earlier material, has not been without + effect on the narratives belonging to the different sources. Hence the + sequence of events after the completion of the covenant on Sinai-Horeb + is not always easy to trace, though indications are not wanting in + both J and E of the probable course of the history. The two main + incidents that precede the departure of the children of Israel from + the mountain (Num. x. 29 ff.) are (1) the sin of the people, and (2) + the intercession of Moses, of both of which a double account has been + preserved. + + (1) _The Sin of the People._--According to J (xxxii. 25-29) the + people, during the absence of Moses, "break loose," i.e. mutiny. Their + behaviour excites the anger of Moses on his return, and in response to + his appeal the sons of Levi arm themselves and slay a large number of + the people: as a reward for their services they are bidden to + consecrate themselves to Yahweh. The fragmentary form of the + narrative--we miss especially a fuller account of the "breaking + loose"--is doubtless due to the latter editor, who substituted the + story of the golden calf (xxxii. 1-6, 15-24, 35), according to which + the sin of the people consisted in direct violation of the 2nd + commandment. At the instigation of the people Aaron makes a molten + calf out of the golden ornaments brought from Egypt; Moses and Joshua, + on their return to the camp, find the people holding festival in + honour of the occasion; Moses in his anger breaks the tables of the + covenant which he is carrying: he then demolishes the golden calf, and + administers a severe rebuke to Aaron. The punishment of the people is + briefly recorded in v. 35. This latter narrative, which is obviously + inconsistent with the story of J, shows unmistakable traces of E. In + its present form, however, it can hardly be original, but must have + been revised in accordance with the later Deuteronomic conception + which represented the sin committed by the people as a breach of the + 2nd commandment. Possibly vv. 7-14 are also to be treated as a + Deuteronomic expansion (cf. Deut. ix. 12-14). Though they show clear + traces of J, it is extremely difficult to fit them into that narrative + in view of Moses' action in vv. 25-29 and of his intercession in ch. + xxxiii.; in any case, vv. 8 and 13 must be regarded as redactional. + + (2) _Moses' Intercession._--The time for departure from the Sacred + Mount had now arrived, and Moses is accordingly bidden to lead the + people to the promised land. Yahweh himself refuses to accompany + Israel owing to their disobedience, but in response to Moses' + passionate appeal finally consents to let his presence go with them. + The account of Moses' intercession has been preserved in J, though the + narrative has undergone considerable dislocation. The true sequence of + the narrative appears to be as follows: Moses is commanded to lead the + people to Canaan (xxxiii. 1-3); he pleads that he is unequal to the + task (Num. xi. 10c, 11, 12, 14, 15), and, presumably, asks for + assistance, which is promised (omitted). Moses then asks for a fuller + knowledge of Yahweh and his ways (xxxiii. 12, 13): this request also + is granted (v. 17), and he is emboldened to pray that he may see the + glory of Yahweh; Yahweh replies that his prayer can only be granted in + part, for "man shall not see me and live"; a partial revelation is + then vouchsafed to Moses (xxxiii. 18-23, xxxiv. 6-8): finally, Moses + beseeches Yahweh to go in the midst of his people, and is assured that + Yahweh's presence shall accompany them (xxxiv. 9, xxxiii. 14-16). The + passage from Numbers xi., which is here included, is obviously out of + place in its present context (the story of the quails), and supplies + in part the necessary antecedent to Ex. xxxiii. 12, 13; the passage is + now separated from Ex. xxxiii. by Ex. xxxiv. (J), which has been + wrongly transferred to the close of the Horeb-Sinai incidents (see + above), and by the priestly legislation of Ex. xxxv.-xl., Leviticus + and Num. i.-x.; but originally it must have stood in close connexion + with that chapter. A similar displacement has taken place with regard + to Ex. xxxiv. 6-9, which clearly forms the sequel to xxxiii. 17-23. + The latter passage, however, can hardly represent the conclusion of + the interview, which is found more naturally in xxxiii. 14-16. E's + account of Moses' intercession seems to have been retained, in part, + in xxxii. 30-34, but the passage has probably been revised by a later + hand; in any case its position _before_ instead of _after_ the + dismissal would seem to be redactional. + + It is a plausible conjecture that the original narratives of J and E + also contained directions for the construction of an ark,[12] as a + substitute for the personal presence of Yahweh, and also for the + erection of a "tent of meeting" outside the camp, and that these + commands were omitted by R^P in favour of the more elaborate + instructions given in ch. xxv.-xxix. (P). The subsequent narrative of + J (Num. x. 33-36, xiv. 44) implies an account of the making of the + ark, while the remarkable description in Ex. xxxiii. 7-11 (E) of + Moses' practice in regard to the "tent of meeting" points no less + clearly to some earlier statement as to the making of this tent. + + The history of Exodus in its original form doubtless concluded with + the visit of Moses' father-in-law and the appointment of judges (ch. + xviii.), the departure from the mountain and the battle with Amalek + (xvii. 8-16). + + (c) _The Construction of the Tabernacle and its Furniture_ (ch. + xxv.-xxxi., xxxv.-xl.).--It has long been recognized that the + elaborate description of the Tabernacle and its furniture, and the + accompanying directions for the dress and consecration of the priests, + contained in ch. xxv.-xxxi., have no claim to be regarded as an + historical presentment of the Mosaic Tabernacle and its service. The + language, style and contents of this section point unmistakably to the + hand of P; and it is now generally admitted that these chapters form + part of an ideal representation of the post-exilic ritual system, + which has been transferred to the Mosaic age. According to this + representation, Moses, on the seventh day after the conclusion of the + covenant, was summoned to the top of the mountain, and there received + instructions with regard to (a) the furniture of the sanctuary, viz. + the ark, the table and the lamp-stand (ch. xxv.); (b) the Tabernacle + (ch. xxvi.); (c) the court of the Tabernacle and the altar of + burnt-offering (ch. xxvii.); (d) the dress of the priests (ch. + xxviii.); (e) the consecration of Aaron and his sons (xxix. 1-37); and + (f) the daily burnt-offering (xxix. 38-42): the section ends with a + formal conclusion (xxix. 43-46). The two following chapters contain + further instructions relative to the altar of incense (xxx. 1-10), the + payment of the half-shekel (11-16), the brazen laver (17-21), the + anointing oil (22-33), the incense (34-38), the appointment of + Bezaleel and Oholiab (xxxi. 1-11) and the observance of the Sabbath + (12-17). It is hardly doubtful, however, that these two chapters + formed no part of P's original legislation, but were added by a later + hand.[13] For (1) the altar of incense is here mentioned for the first + time, and was apparently unknown to the author of ch. xxv.-xxix. Had + he known of its existence, he could hardly have failed to include it + with the rest of the Tabernacle furniture in ch. xxvi., and must have + mentioned it at xxvi. 34 f., where the relative positions of the + contents of the Tabernacle are defined: further, the ritual of the Day + of Atonement (Lev. xvi. referred to in xxx. 10) ignores this altar, + and mentions only _one_ altar (cf. "_the_ altar," xxvii. 1), viz. that + of burnt-offering; (2) the command as to the half-shekel presupposes + the census of Num. i., and appears to have been unknown in the time of + Nehemiah (Neh. x. 32) (Heb. 33); (3) the instructions as to the brazen + laver would naturally be expected alongside of those for the altar of + burnt-offering in ch. xxvii.; (4) the following section relating to + the anointing oil presupposes the altar of incense (v. 28), and + further extends the ceremony of anointing to Aaron's sons, though, + elsewhere, the ceremony is confined to Aaron (xxix. 7, Lev. viii. 12), + cf. the title "anointed priest" applied to the high priest (Lev. iv. + 3, &c.); (5) the directions for compounding the incense connect + naturally with xxx. 1-10, while (6) the appointment of Bezaleel and + Oholiah cannot be separated from the rest of ch. xxx.-xxxi. The + concluding section on the Sabbath (xxxi. 12-17) shows marks of + resemblance to H (Lev. xvii.-xxvi.), especially in vv. 12-14a, which + appear to have been expanded, very possibly by the editor who inserted + the passage. The continuation of P's narrative is given in xxxiv. + 29-35, which describe Moses' return from the mount. The subsequent + chapters (xxxv.-xl.), however, can hardly belong to the original + stratum of P, if only because they presuppose ch. xxx., xxxi., and + were probably added at a later stage than the latter chapters. They + narrate how the commands of ch. xxv.-xxxi. were carried out, and + practically repeat the earlier chapters _verbatim_, merely the tenses + being changed, the most noticeable omissions being xxvii. 20 f. (oil + for the lamps), xxviii. 30 (Urim and Thummim), xxix. 1-37 (the + consecration of the priests, which recurs in Lev. viii.) and xxix. + 38-42 (the daily burnt-offering). Apart from the omissions the most + striking difference between the two sections is the variation in + order, the different sections of ch. xxv.-xxxi. being here set forth + in their natural sequence. The secondary character of these concluding + chapters receives considerable confirmation from a comparison of the + Septuagint text. For this version exhibits numerous cases of + variation, both as regards _order_ and _contents_, from the Hebrew + text; moreover the translation, more particularly of many technical + terms, differs from that of ch. xxv.-xxxi., and seems to be the work + of different translators. Hence it is by no means improbable that the + final recension of these chapters had not been completed when the + Alexandrine version was made. + + AUTHORITIES.--In addition to the various English and German + commentaries on Exodus included under the head of the Pentateuch, the + following English works are especially worthy of mention: S.R. Driver, + _Introd. to the Literature of the O.T._, and "Exodus" in the _Camb. + Bible_; B.W. Bacon, _The Triple Tradition of the Exodus_ (Hartford, + U.S.A., 1894), and A.H. McNeile, _The Book of Exodus_ (Westminster + Commentaries) (1908); also the articles on "Exodus" by G. + Harford-Battersby (Hastings, _Dict. Bib._ vol. i.) and by G.F. Moore, + _Ency. Biblica_, vol. ii. (J. F. St.) + + +FOOTNOTES: + + [1] The fact that the father-in-law of Moses is called Reuel in v. + 18, as contrasted with the name Jethro, which occurs in iii. 1 f. and + in all subsequent passages from E, cannot be taken as conclusive on + this point, since critics are agreed that "Reuel" in this verse is a + later addition: had it been original we should have expected the name + to be given at v. 16 rather than at v. 18. But, if no argument can be + based on the discrepancy between the two names, we may at least + assume that the namelessness of the priest in v. 16 f. points to a + different source for those verses from that of iii. 1 f. Elsewhere J + speaks of "Hobab, the son of Reuel the Midianite, Moses' + father-in-law" (Num. x. 29); the addition, "the priest of Midian," + only occurs in the (secondary) passages iii. 1, xviii. 1 (E). + Probably RJE omitted the name in ii. 16 and added "the priest of + Midian" in iii. 1, xviii 1, from harmonizing motives. Further, vv. + 15^B-22 speak of _one_ son being born to Moses at this period, a + statement which is borne out by iv. 20, 25 ("sons" in iv. 20 is + obviously a correction), whereas ch. xviii. (E) mentions _two_ sons. + + The original order of events in J seems to have been as follows: + after the death of Pharaoh (ii. 23a; the Septuagint repeats this + notice before iv. 19) Moses returns to Egypt with his wife and son + (iv. 19, 20) in obedience to Yahweh's command. On the way he is + seized with a sudden illness, which Zipporah attributes to the fact + that he has not been circumcised and seeks to avert by circumcising + her son (iv. 24-26). The scene of the theophany, therefore, according + to J, is to be placed on the way from Midian to Goshen. Probably the + displacement of iv. 19, 20, 24-26 is due to the editor of JE, who was + thus enabled to combine the two narratives of the theophany. + + [2] Cf. iv. 30; Aaron had received no command to do the signs, and + the words "and he did the signs" are most naturally referred to + Moses. + + [3] The expansion in iii. 8c, 15, 17b; iv. 22, 23, are probably the + work of a Deuteronomistic redactor. + + [4] The genealogy of Moses and Aaron (vv. 14-27) appears to be a + later addition. + + [5] Unless we follow Riedel and read simply "and worshipped" + ([Hebrew: vaishtahavu]) instead of "and drank" ([Hebrew: vaishtu]), + treating "and ate" ([Hebrew: vaiohlu]) as a later addition; cf. HDB, + extra vol. p. 631 note. + + [6] Vv. 6-9 are out of place here: they belong to the story of Moses' + intercession in ch. xxxiii. + + [7] This view is confirmed by (a) a comparison of v. lb ("and I will + write") with vv. 27, 28; according to the latter, _Moses_ wrote the + words of the covenant; and (b) the tardy mention of Moses in 4b; the + name would naturally be given at the beginning of the verse. + + [8] Others suppose that the present position of ch. xxxiv. is due, in + the first instance, to RJE, but in view of the other Deuteronomic + expansions in vv. 10b-16, 23, 24, it is more probable that J's + version was discarded by RJE in favour of E's, and was afterwards + restored by RD. + + [9] Reading "the sacrifice of my feasts" for "the sacrifice of the + feast of the Passover." + + [10] Unless, with Bacon, we are to regard xxiv. 12-14, 18b as + original. More probably a later editor has worked up old material of + E (of which there are unmistakable traces) in order to include the + whole of xx.-xxiii. in the covenant: xxiv. 15-18a are an addition + from P. + + [11] The present text of xxiv. 12 also has probably been transposed + in accordance with the view that the "judgment" formed part of the + covenant, cf. Deut. v. 31. Originally the latter part of the verse + must have run, "That I may give thee the tables of stone which I have + written, and may teach thee the law and the commandment." For further + details see Bacon, _Triple Tradition of Exodus_, pp. 111 f., 132 f. + + [12] According to Deut. x. 1 f., which is in the main a _verbal_ + excerpt from Ex. xxxiv. 1 f., Yahweh ordered Moses to make an ark of + acacia wood _before_ he ascended the mountain. + + [13] To the same hand are to be ascribed also xxvii. 6, 20, 21; + xxviii. 41; xxix. 21, 38-41. + + + + +EXODUS, THE, the name given to the journey (Gr. [Greek: exodos]) of the +Israelites from Egypt into Palestine, under the leadership of Moses and +Aaron, as described in the books of the Bible from Exodus to Joshua. +These books contain the great national epic of Judaism relating the +deliverance of the people from bondage in Egypt, the overthrow of the +pursuing Pharaoh and his army, the divinely guided wanderings through +the wilderness and the final entry into the promised land. Careful +criticism of the narratives[3] has resulted in the separation of later +accretions from the earliest records, and the tracing of the elaboration +of older traditions under the influence of developing religious and +social institutions. In the story of the Exodus there have been +incorporated codes of laws and institutions which were to be observed by +the descendants of the Israelites in their future home, and these, +really of later origin, have thus been thrown back to the earlier period +in order to give them the stamp of authority. So, although a certain +amount of the narrative _could_ date from the days of Moses, the Exodus +story has been made the vehicle for the aims and ideals of subsequent +ages, and has been adapted from time to time to the requirements of +later stages of thought. The work of criticism has brought to light +important examples of fluctuating tradition, singular lacunae in some +places and unusual wealth of tradition in others, and has demonstrated +that much of that which had long been felt to be impossible and +incredible was due to writers of the post-exilic age many centuries +after the presumed date of the events. + +The book of Genesis closes with the migration of Jacob's family into +Egypt to escape the famine in Canaan. Jacob died and was buried in +Canaan by his sons, who, however, returned again to the pastures which +the Egyptian king had granted them in Goshen. Their brother Joseph on +his death-bed promised that God would bring them to the land promised to +their forefathers and solemnly adjured them to carry up his bones (Gen. +1.). In the book of Exodus the family has become a people.[2] The +Pharaoh is hostile, and Yahweh, the Israelite deity, is moved to send a +deliverer; on the events that followed see EXODUS, BOOK OF; MOSES. It +has been thought that dynastic changes occasioned the change in Egyptian +policy (e.g. the expulsion of the Hyksos), but if the Israelites built +Rameses and Pithom (Ex. i. 11), cities which, as excavation has shown, +belong to the time of Rameses II. (13th century B.C.), earlier dates are +inadmissible. On these grounds the Exodus may have taken place under one +of his successors, and since Mineptah or Merneptah (son of Rameses), in +relating his successes in Palestine, boasts that _Ysiraal_ is desolated, +it would seem that the Israelites had already returned. On the other +hand, it has been suggested that when Jacob and his family entered +Egypt, some Israelite tribes had remained behind and that it is to these +that Mineptah's inscription refers. The problem is complicated by the +fact that, from the Egyptian evidence, not only was there at this time +no remarkable emigration of oppressed Hebrews, but Bedouin tribes were +then receiving permission to enter Egypt and to feed their flocks upon +Egyptian soil. It might be assumed that the Israelites (or at least +those who had not remained behind in Palestine) effected their departure +at a somewhat later date, and in the time of Mineptah's successor, Seti +II., there is an Egyptian report of the pursuit of some fugitive slaves +over the eastern frontier. The value of all such evidence will naturally +depend largely upon the estimate formed of the biblical narratives, but +it is necessary to observe that these have not yet found Egyptian +testimony to support them. Although the information which has been +brought to bear upon Egyptian life and customs substantiates the general +accuracy of the local colouring in some of the biblical narratives, the +latter contain several inherent improbabilities, and whatever future +research may yield, no definite trace of Egyptian influence has so far +been found in Israelite institutions. + + No allusions to Israelites in Egypt have yet been found on the + monuments; against the view that the Aperiu (or Apury) of the + inscriptions were Hebrews, see S.R. Driver in D.G. Hogarth, _Authority + and Archaeology_, pp. 56 sqq.; H.W. Hogg, _Ency. Bib._ col. 1310. The + plagues of Egypt have been shown to be those to which the land is + naturally subject (R. Thomson, _Plagues of Egypt_), but the + description of the relations of Moses and Aaron to the court raises + many difficult questions (H.P. Smith, _O.T. Hist._ pp. 57-60). Those + who reject Ex. i. 11 and hold that 480 years elapsed between the + Exodus and the foundation of the temple (I Kings vi. 1, see BIBLE: + Chronology) place the former about the time of Tethmosis (Thothmes) + III., and suppose that the hostile Habiri (Khabiri) who troubled + Palestine in the 15th century are no other than Hebrews (the equation + is philologically sound), i.e. the invading Israelites.[3] But + although the evidence of the Amarna tablets might thus support the + biblical tradition in its barest outlines, the view in question, if + correct, would necessitate the rejection of a great mass of the + biblical narratives as a whole. + +In the absence of external evidence the study of the Exodus of the +Israelites must be based upon the Israelite records, and divergent or +contradictory views must be carefully noticed. Regarded simply as a +journey from Egypt into Palestine it is the most probable of +occurrences: the difficulty arises from the actual narratives. The first +stage is the escape from the land of Goshen (q.v.), the district +allotted to the family of Jacob (Gen. xlvi. 28-34, xlvii. 1, 4, 6).[4] +As to the route taken across the Red Sea (_Yam Suph_) scholars are not +agreed (see W.M. Muller, _Ency. Bib._ col. 1436 sqq.); it depends upon +the view held regarding the second stage of the journey, the road to the +mountain of Sinai or Horeb and thence to Kadesh. The last-mentioned +place is identified with Ain Kadis, about 50 m. south of Beersheba; but +the identification of the mountain is uncertain, and it is possible that +tradition confused two distinct places. According to one favourite view, +the journey was taken across the Sinaitic peninsula to Midian, the home +of Jethro. Others plead strongly for the traditional site Jebel Musa or +Serbal in the south of the peninsula (see J.R. Harris, _Dict. Bible_, +iv. pp. 536 sqq.; H. Winckler, _Ency. Bib._ col. 4641). The latter view +implies that the oppressed Israelites left Egypt for one of its +dependencies, and both theories find only conjectural identifications in +the various stations recorded in Num. xxxiii. But this list of forty +names, corresponding to the years of wandering, is from a post-exilic +source, and may be based merely upon a knowledge of caravan-routes; even +if it be of older origin, it is of secondary value since it represents a +tradition differing notably from that in the earlier narratives +themselves, and these on inspection confirm Judg. xi. 16 seq., where the +Israelites proceed immediately to Kadesh. + + Ex. xvi.-xviii. presuppose a settled encampment and a law-giving, and + thus belong to a stage _after_ Sinai had been reached (Ex. xix. sqq.). + They are closely related, as regards subject matter, &c., to the + narratives in Num. x. 29-xi., xx. 1-13 (Sinai to Kadesh), and the + initial step is the recognition that the latter is their original + context (see G.F. Moore, _Ency. Bib._ col. 1443 v). Further, internal + peculiarities associating events now at Sinai-Horeb with those at + Kadesh support the view that Kadesh was their true scene, and it is to + be noticed that in Ex. xv. 22 seq. the Israelites already reach the + wilderness of Shur and accomplish the three days' journey which had + been their original aim (cf. Ex. iii. 18, v. 3, viii. 27). The + wilderness of Shur (Gen. xvi. 7, xx. 1; 1 Sam. xv. 7, xxvii. 8) is the + natural scene of conflicts with Amalekites (Ex. xvii. 8 sqq.), and its + sanctuary of Kadesh or En Mishpat ("well of judgment," Gen. xiv. 7) + was doubtless associated with traditions of the giving of statutes and + ordinances. The detour to Sinai-Horeb appears to belong to a later + stage of the tradition, and is connected with the introduction of laws + and institutions of relatively later form. It is foreshadowed by the + injunction to avoid the direct way into Palestine (see Ex. xiii. + 17-19), since on reaching Kadesh the Israelites would be within reach + of hostile tribes, and the conflicts which it was proposed to avoid + actually ensued.[5] The forty years of wandering in the wilderness is + characteristic of the Deuteronomic and post-exilic narratives; in the + earlier sources the fruitful oasis of Kadesh is the centre, and even + after the tradition of a detour to Sinai-Horeb was developed, only a + brief period is spent at the holy mountain. + +From Kadesh spies were sent into Palestine, and when the people were +dismayed at their tidings and incurred the wrath of Yahweh, the penalty +of the forty years' delay was pronounced (Num. xiii. seq.). Originally +Caleb alone was exempt and for his faith received a blessing; later +tradition adds Joshua and in Deut. i. 37 seq. alludes to some unknown +offence of Moses. According to Num. xxi. 1-3 the Israelites (a +generalizing amplification) captured Hormah, on the way to Beersheba, +and subsequently the clan Caleb and the Kenites (the clan of Moses' +father-in-law) are found in Judah (Judg. i. 16). Although the traditions +regard their efforts as part of a common movement (from Gilgal, see +below), it is more probable that these (notably Caleb) escaped the +punishment which befell the rest of the Israelites, and made their way +direct from Kadesh into the south of Palestine.[6] On the other hand, +according to the prevailing tradition, the attempt to break northwards +was frustrated by a defeat at Hormah (Num. xiv. 40-45), an endeavour to +pass Edom failed, and the people turned back to the _Yam Suph_ (here at +the head of the Gulf of Akabah) and proceeded up to the east of Edom and +Moab. Conflicting views are represented (on which see MOAB), but at +length Shittim was reached and preparations were made to cross the +Jordan into the promised land. This having been effected, Gilgal became +the base for a series of operations in which the united tribes took +part. But again the representations disagree, and to the overwhelming +campaigns depicted in the book of Joshua most critics prefer the account +of the more gradual process as related in the opening chapter of the +book of Judges (see JEWS: _History_, S 8). + +Thus, whatever evidence may be supplied by archaeological research, the +problem of the Exodus must always be studied in the light of the +biblical narratives. That the religious life of Israel as portrayed +therein dates from this remote period cannot be maintained against the +results of excavation or against the later history, nor can we picture a +united people in the desert when subsequent vicissitudes represent the +union as the work of many years, and show that it lasted for a short +time only under David and Solomon. During the centuries in which the +narratives were taking shape many profound changes occurred to affect +the traditions. Developments associated with the Deuteronomic reform and +the reorganization of Judaism in post-exilic days can be unmistakably +recognized, and it would be unsafe to assume that other vicissitudes +have not also left their mark. Allowance must be made for the shifting +of boundaries or of spheres of influence (Egypt, Edom, Moab), for the +incorporation of tribes and of their own tribal traditions, and in +particular for other movements (e.g. from Arabia).[7] If certain clans +moved direct from Kadesh into Judah, it is improbable that others made +the lengthy detour from Kadesh by the Gulf of Akabah, but this may well +be an attempt to fuse the traditions of two distinct migrations. Among +the Joseph-tribes (Ephraim and Manasseh), the most important of +Israelite divisions, the traditions of an ancestor who had lived and +died in Egypt would be a cherished possession, but although most writers +agree that not all the tribes were in Egypt, it is impossible to +determine their number with any certainty. At certain periods, +intercourse with Egypt was especially intimate, and there is much in +favour of the view that the name Mizraim (Egypt) extended beyond the +borders of Egypt proper. Reference has already been made to other cases +of geographical vagueness, and one must recognize that in a body of +traditions such as this there was room for the inclusion of the most +diverse elements which it is almost hopeless to separate, in view of the +scantiness of relevant evidence from other sources, and the literary +intricacy of the extant narratives. That many different beliefs have +influenced the tradition is apparent from what has been said above, and +is especially noticeable from a study of the general features. Thus, +although the Israelites possessed cattle (Ex. xvii. 3, xix. 13, xxiv. 5, +xxxii. 6, xxxiv. 3; Num. xx. 19), allusion is made to their lack of meat +in order to magnify the wonders of the journey, and among divinely sent +aids to guide and direct the people upon the march not only does Moses +require the assistance of a _human_ helper (Jethro or Hobab), but the +angel, the ark, the pillar of cloud and of fire and the mysterious +hornet are also provided. + + In addition to the references already given, see J.W. Colenso, + _Pentateuch and Book of Joshua_ (on internal difficulties); A. + Jeremias, _Alte Test. im Lichte d. alt. Orients_[2] (pp. 402 sqq., on + later references in Manetho, &c., with which cf. also R.H. Charles, + _Jubilees_, p. 245 seq.); art. "Exodus" in _Ency. Bib._; Ed. Meyer, + _Israeliten_ (_passim_); Bonhoff, _Theolog. Stud. u. Krit._ (1907), + pp. 159-217; the histories of Israel and commentaries on the book of + Exodus. Among the numerous special works, mention may be made of G. + Ebers, _Durch Gosen zum Sinai_; E.H. Palmer, _Desert of the Exodus_; + O.A. Toffteen, _The Historic Exodus_; fuller information is given in + L.B. Paton, _Hist. of Syria and Palestine_, p. 34 (also ch. viii.); + and C.F. Kent, _Beginnings of Heb. Hist._ p. 355 seq. (S. A. C.) + + +FOOTNOTES: + + [1] See the articles on the books in question. + + [2] There is a lacuna between the oldest traditions in Genesis and + those in Exodus: the latter beginning simply "and there arose a new + king over Egypt which knew not Joseph." The interval between Jacob's + arrival in Egypt and the Exodus is given varyingly as 400 or 430 + years (Gen. xv. 13, Ex. xii. 40 seq., Acts vii. 6); but the Samaritan + and Septuagint versions allow only 215 years (Ex. loc. cit.), and a + period of only four generations is presupposed in Gen. xv. 16 (cf. + the length of the genealogies between the contemporaries of Joseph + and those of Moses in Ex. vi. 16-20). + + [3] Sec, e.g., J. Orr, _Problem of the O.T._ pp. 422 sqq.; Ed. Meyer, + _Die Israeliten_, pp. 222 sqq. Some, too, find in the Amarna tablets + the historical background for Joseph's high position at the Egyptian + court (see Cheyne, _Ency. Bib._ art. "Joseph"). + + [4] For the varying traditions regarding the number of the people and + their residence (whether settled apart, cf., e.g., Gen. xlvi. 34, Ex. + viii. 22, ix. 26, x. 23, or in the midst of the Egyptians) see the + recent commentaries. + + [5] See further J. Wellhausen, _Prolegomena_, pp. 342 sqq.; G.F. + Moore, Ency. Bib. col. 1443; S.A. Cook, _Jew. Quart. Rev._ (1906), + pp. 741 sqq. (1907), p. 122, and art. MOSES. Ex. xiii. 17-19 forbids + the compromise which would place Sinai-Horeb in the neighbourhood of + Kadesh (A.E. Haynes, _Pal. Explor. Fund, Quart. Statem._ (1896), pp. + 175 sqq.; C.F. Kent [see _Lit._ below], p. 381). + + [6] So B. Stade, Steuernagel, Guthe, G.F. Moore, H.P. Smith, C.F. + Kent, &c. See CALEB; JERAHMEEL; JUDAH; KENITES; LEVITES; and JEWS: + _History_, SS 5, 20 (end). + + [7] An instructive parallel to the last-mentioned is afforded by + Dissard's account of the migration of Arab tribes into Palestine in + the 18th century A.D. (_Revue biblique_, July 1905). + + + + +EXOGAMY (Gr. [Greek: exo], outside; and [Greek: gamos], marriage), the +term proposed by J.F. McLennan for the custom compelling marriage "out +of the tribe" (or rather "out of the totem"); its converse is endogamy +(q.v.). McLennan would find an explanation of exogamy in the prevalence +of female infanticide, which, "rendering women scarce, led at once to +polyandry within the tribe, and the capturing of women from without." +Infanticide of girls is, and no doubt ever has been, a very common +practice among savages, and for obvious reasons. Among tribes in a +primitive stage of social organization girl-children must always have +been a hindrance and a source of weakness. They had to be fed and yet +they could not take part in the hunt for food, and they offered a +temptation to neighbouring tribes. Infanticide, however, is not proved +to have been so universal as McLennan suggests, and it is more probable +that the reason of exogamy is really to be found in that primitive +social system which made the "captured" woman the only wife in the +modern sense of the term. In the beginnings of human society children +were related only to their mother; and the women of a tribe were common +property. Thus no man might appropriate any female or attempt to +maintain proprietary rights over her. With women of other tribes it +would be different, and a warrior who captured a woman would doubtless +pass unchallenged in his claim to possess her absolutely. Infanticide, +the evil physical effects of "in-and-in" breeding, the natural strength +of the impulse to possess on the man's part, and the greater feeling of +security and a tendency to family life and affections on the woman's, +would combine to make exogamy increase and marriages within the tribe +decrease. A natural impulse would in a few generations tend to become a +law or a custom, the violation of which would be looked on with horror. +Physical capture, too, as soon as increasing civilization and tribal +intercommunication removed the necessity for violence, became symbolic +of the more permanent and individual relations of the sexes. An +additional explanation of the prevalence of exogamy may be found in the +natural tendency of exogamous tribes to increase in numbers and strength +at the expense of those communities which moved towards decadence by +in-breeding. Thus tradition would harden into a prejudice, strong as a +principle of religion, and exogamy would become the inviolable custom it +is found to be among many races. In Australia, Sir G. Grey writes: "One +of the most remarkable facts connected with the natives is that they are +divided into certain great families, all the members of which bear the +same name ... these family names are common over a great portion of the +continent and a man cannot marry a woman of his own family name." In +eastern Africa, Sir R. Burton says: "The Somal will not marry one of the +same, or even of a consanguineous family," and the Bakalahari have the +same rule. Paul B. du Chaillu found exogamy the rule and blood marriages +regarded as an abomination throughout western Equatorial Africa. In +India the Khasias, Juangs, Waralis, Otaons, Hos and other tribes are +strictly exogamous. The Kalmucks are divided into hordes, and no man may +marry a woman of the same horde. Circassians and Samoyedes have similar +rules. The Ostiaks regard endogamy (marriage within the clan) as a +crime, as do the Yakuts of Siberia. Among the Indians of America severe +rules prescribing exogamy prevail. The Tsimsheean Indians of British +Columbia are divided into tribes and totems, or "crests which are +common to all the tribes," says one writer. "The crests are the whale, +the porpoise, the eagle, the coon, the wolf and the frog.... The +relationship existing between persons of the same crest is nearer than +that between members of the same tribe.... Members of the same tribe may +marry, but those of the same crest are not allowed to under any +circumstances; that is, a whale may not marry a whale, but a whale may +marry a frog, &c." The Thlinkeets, the Mayas of Yucatan and the Indians +of Guiana are exogamous, observing a custom which is thus seen to exist +throughout Africa, in Siberia, China, India, Polynesia and the Americas. + + AUTHORITIES.--J.F. McLennan, _Primitive Marriage_ (1865), and _Studies + in Anc. Hist._ (1896); Lord Avebury, _Origin of Civilization_ (1902); + Westermarck, _History of Human Marriage_ (1894); A. Lang, _Social + Origins_ (1903); L.H. Morgan, _Ancient Society_ (1877); J.G. Frazer, + _Totemism and Exogamy_ (1910); see also TOTEM. + + + + +EXORCISM (Gr. [Greek: exorkizein], to conjure out), the expulsion of +evil spirits from persons or places by incantations, magical rites or +other means. As a corollary of the animistic theory of diseases and of +belief in Possession (q.v.), we find widely spread customs whose object +is to get rid of the evil influences. These customs may take the form of +a general expulsion of evils, either once a year or at irregular +intervals; the evils, which are often regarded as spirits, sometimes as +the souls of the dead, may be expelled, according to primitive +philosophy, either immediately by spells, purifications or some form of +coercion; or they may be put on the back of a scapegoat or other +material vehicle. Among the means of compelling the evil spirits are +assaults with warlike weapons or sticks, the noise of musical +instruments or of the human voice, the use of masks, the invocation of +more powerful good spirits, &c.; both fire and water are used to drive +them out, and the use of iron is a common means of holding them at bay. + +The term exorcism is applied more especially to the freeing of an +individual from a possessing or disease-causing spirit; the means +adopted are frequently the same as those mentioned above; in the East +Indies the sufferer sometimes dances round a small ship, into which the +spirit passes and is then set adrift. The patient may be beaten or means +may be employed whose efficiency depends largely on their suggestive +nature. Among the Dakota Indians the medicine-man chants _hi-le-li-lah!_ +at the bed of the sick man and accompanies his chant with the rattle; he +then sucks at the affected part till the possessing spirit is supposed +to come out and take its flight, when men fire guns at it from the door +of the tent. The Zulus believe that they can get rid of the souls of the +dead, which cause diseases, by sacrifices of cattle, or by expostulating +with the spirits; so too the _shaman_ or magician in other parts of the +world offers the possessing spirit objects or animals. + +The professional exorcist was known among the Jews; in Greece the art +was practised by women, and it is recorded that the mothers of Epicurus +and Aeschines belonged to this class; both were bitterly reproached, the +one by the Stoics, the other by Demosthenes, with having taken part in +the practices in question. The prominence of exorcism in the early ages +of the Christian church appears from its frequent mention in the +writings of the fathers, and by the 3rd century there was an order of +exorcists (see EXORCIST). The ancient rite of exorcism in connexion with +baptism is still retained in the Roman ritual, as is also a form of +service for the exorcising of possessed persons. The exorcist signs the +possessed person with the figure of the cross, desires him to kneel, and +sprinkles him with holy water; after which the exorcist asks the devil +his name, and abjures him by the holy mysteries of the Christian +religion not to afflict the person possessed any more. Then, laying his +right hand on the demoniac's head, he repeats the form of exorcism as +follows: "I exorcise thee, unclean spirit, in the name of Jesus Christ; +tremble, O Satan, thou enemy of the faith, thou foe of mankind, who hast +brought death into the world, who hast deprived men of life, and hast +rebelled against justice, thou seducer of mankind, thou root of evil, +thou source of avarice, discord and envy." Houses and other places +supposed to be haunted by unclean spirits are likewise to be exorcised +with similar rites, and in general exorcism has a place in all the +ceremonies for consecrating and blessing persons or things (see +BENEDICTION). + + See Tylor, _Primitive Culture_; Skeat, _Malay Magic_, p. 427 seq.; + Frazer, _Golden Bough_, vol. iii. 189; Krafft, _Ausfuhrliche Historie + von Exorcismus_; Koldeweg, _Der Exorcismus im Herzogthum + Braunschweig_; Brecher, _Das Transcendentale, Magie, etc. im Talmud_, + pp. 195-203: _Zeitschr. fur Assyriologie_ (Dec. 1893, April 1894); + Herzog, _Realencykl., s.v._ "Exorcismus"; Waldmeier, _Autobiography_, + p. 64; L.W. King, _Babylonian Magic_; Maury, _La Magie_; R.C. + Thompson, _Devils and Evil Spirits of Babylonia_. + + + + +EXORCIST (Lat. _exorcista_, Gr. [Greek: exorkistes]), in the Roman +Catholic church, the third grade in the minor orders of the clergy, +between those of acolyte and reader. The office, which involves the +right of ceremonially exorcising devils (see Exorcism), is actually no +more than a preliminary stage of the priesthood. The earliest record of +the special ordination of exorcists is the 7th canon of the council of +Carthage (A.D. 256). "When they are ordained," it runs, "they receive +from the hand of the bishop a little book in which the exorcisms are +written, receiving power to lay hands on the _energumeni_, whether +baptized or catechumens." Whatever its present position, the office of +exorcist was, until comparatively recent times, by no means considered a +sinecure. "The exorcist a terror to demons" (Paulinus, _Epist._ 24) +survived the Reformation among Protestants, with the belief, expressed +by Firmilianus in his epistle to St Cyprian, that "through the +exorcists, by the voice of man and the power of God, the devil may be +whipped, and burnt and tortured." + + + + +EXOTIC (Gr. [Greek: exotikos], foreign, from [Greek: exo], outside), of +foreign origin, or belonging to another country. The term is now used in +the restricted sense of something not indigenous or native, and is +mostly applied to plants introduced from foreign countries, which have +not become acclimatized. Figuratively, "exotic" is used to convey the +sense of something rare, delicate or extravagant. + + + + +EXPATRIATION (from Late Lat. _expatriare_, to exile, and _patria_, +native land), a term used in a general sense for the banishment of a +person from his own country. In international law expatriation is the +renunciation or change of allegiance to one's native or adopted country. +It may take place either by a voluntary act or by operation of law. Some +countries, as France and England, disclaim their subjects if they become +naturalized in another country, others, again, passively permit +expatriation whether a new nationality has been acquired or not; others, +as Germany, make expatriation the consequence of continued absence from +their territory. (See ALIEN; ALLEGIANCE; NATURALIZATION.) + + + + +EXPERT (Lat. _expertus_, from _experiri_, to try), strictly, skilled, or +one who has special knowledge; as used in law, an expert is a person, +selected by a court, or adduced by a party to a cause, to give his +opinion on some point in issue with which he is peculiarly conversant. +In Roman law questions of disputed handwriting were referred to experts; +and in France, whenever the court considers that a report by experts is +necessary, it is ordered by a judgment clearly setting forth the objects +of the _expertise_ (Code Proc. Civ. art. 302). Three experts are then to +be appointed, unless the parties agree upon one only (art. 303). The +experts are required to take an oath (art. 305), but in practice this +requirement is frequently dispensed with. They may be challenged on the +same grounds as witnesses (art. 310). The necessary documentary and +other evidence is laid before them (art. 317), and they make a single +report to the court, even if they express different opinions: in that +case the grounds only of the different opinions are to be stated, and +not the personal opinion of each of the experts (art. 318). If the court +is not satisfied with the report, new experts may be appointed (art. +322); the judges are not bound to adopt the opinion of the experts (art. +323). "This procedure in regard to experts is common to both the civil +and commercial courts, but it is much more frequently resorted to in the +commercial court than in the civil court, and the investigation is +usually conducted by special experts officially attached to each of +these courts" (Bodington, _French Law of Evidence_, London, 1904, p. +102). A similar system is to be found in force in many other European +countries; see e.g. Codes of Civil Procedure of Holland, arts. 222 et +seq.; Belgium, arts. 302 et seq.; Italy, arts. 252 et seq.; as well as +in those colonies where French law has been followed (Codes of Civil +Procedure of Quebec, arts. 392 et seq.; St Lucia, arts. 286 et seq.). In +Mauritius the articles of the French law, summarized above, are still +nominally in force; but in practice each side calls its own expert +evidence, as in England. + +There is some evidence that in England the courts were in early times in +the habit of summoning to their assistance, apparently as assessors, +persons specially qualified to advise upon any scientific or technical +question that required to be determined. Thus "in an appeal of maihem +(i.e. wounding) ... the court did not know how to adjudge because the +wound was new, and then the defendant took issue and prayed the court +that the maihem might be examined, on which a writ was sent to the +sheriff to cause to come _medicos chirurgieos de melioribus London, ad +informandum dominum regem el curiam de his quae eis ex parte domini +regis injungerentur_" (Year Book, 21 Hen. VII. pl. 30, p. 33). The +practice of calling in expert assistance in judicial inquiries was not +confined to medico-legal cases. "If matters arise," said Justice +Saunders in _Buckley_ v. _Rice Thomas_ (1554, Plowden, 124 a), "which +concern other faculties, we commonly apply for the aid of that science +or faculty which it concerns." English procedure, however, being +_litigious_, and not, like continental European procedure, +_inquisitorial_, in its character, the expert soon became, and still is, +simply a witness to speak to matters of opinion. + +There is a considerable body of law in England as to expert evidence. +Only a few points can be touched upon here. (1) An expert is permitted +to refresh his memory in regard to any fact by referring to anything +written by himself or under his direction at the time when the fact +occurred or at a time when it was fresh in his memory. This is also law +generally in the United States (see e.g. New York Civil Code, s. 1843). +In Scotland, medical and other scientific reports are lodged in process +before the trial, and the witness reads them as part of his evidence and +is liable to be examined or cross-examined on their contents. (2) In +strictness, an expert will not be allowed, in cases of alleged insanity, +to say that a litigating or incriminated party is insane or the reverse, +and so to usurp the prerogative of the court or jury. But he may be +asked whether certain facts or symptoms, _assuming them to be proved_, +are or are not indicative of insanity. But in practice this rule is +relaxed both in England and in Scotland, and (where it exists) to a +still greater extent in America. (3) Foreign law can only be proved in +English courts--and the same rule applies in Scotland--(a) by obtaining +an opinion on the subject from a superior court of the country whose +laws are in dispute under the Foreign Law Ascertainment Act 1861 or the +British Law Ascertainment Act 1859, or (b) by the evidence of a lawyer +of the country whose law is in question, or who has studied it _in that +country_, or of an official whose position requires, and therefore +presumes, a sufficient knowledge of that law. (4) The weight of +authority both in England and in America supports the view that an +expert is not bound to give evidence as to matters of opinion unless +upon an undertaking by the party calling him to pay a reasonable +remuneration for his evidence. + +Statutory provision has been made in England for the summoning of expert +assistance by the legal tribunals in various cases. In the county courts +the judge may, if he thinks fit, on the application of either party, +call in as assessor one or more persons of skill and experience as to +the matters in dispute (County Courts Act 1888, s. 103), and special +provision is made for calling in an assessor in employers' liability +cases (act of 1880, s. 6) and admiralty matters (see County Courts +Admiralty Jurisdiction Acts of 1868 and 1869). In the High Court and +court of appeal one or more specially qualified assessors may be called +in to assist in the hearing of any cause or matter except a criminal +proceeding by the crown (Judicature Acts 1873, s. 56), and a like power +is given to both these courts and the judicial committee of the privy +council in patent cases (Patents, &c., Act 1883., s. 28). Maritime +causes, whether original or on appeal from county courts, are usually +taken in the presence of Elder Brethren of the Trinity House, who advise +the judge without having any right to control or any responsibility for +his decision (see the "Beryl," 1884, 9 P.D. 1), and on appeal in +maritime causes nautical assessories are usually called in by the court +of appeal, and may be called in by the House of Lords (Judicature Act +1891, s. 3); a like provision is made as to maritime causes in Scottish +courts (Nautical Assessors [Scotland] Act 1894). The judicial committee +of the privy council, besides its power to call in assessors in patent +cases, is authorized to call them in in ecclesiastical causes (Appellate +Jurisdiction Act 1876, s. 14). + + In addition to the authorities cited in the text, see Taylor, _Law of + Evidence_ (9th ed., London, 1895); J.D. Lawson, _Law of Expert and + Opinion Evidence_ (1900). + + + + +EXPLOSIVES, a general term for substances which by certain treatment +"explode," i.e. decompose or change in a violent manner so as to +generate force. From the manner and degree of violence of the +decomposition they are classified into "propellants" and "detonators," +but this classification is not capable of sharp delimitation. In some +cases the same substance may be employed for either purpose under +altered external conditions; but there are some substances which could +not possibly be employed as propellants, and others which can scarcely +be induced to explode in the manner known as "detonation." A propellant +may be considered as a substance that on explosion produces such a +disturbance that neighbouring substances are thrown to some distance; a +detonator or disruptor may produce an extremely violent disturbance +within a limited area without projecting substances to any great +distance. Time is an important, perhaps the most important, factor in +this action. A propellant generally acts by _burning_ in a more or less +rapid and regular manner, producing from a comparatively small volume a +large volume of gases; during this action heat is also developed, which, +being expended mostly on the gaseous products, causes a further +expansion. The noise accompanying an explosion is due to an air wave, +and is markedly different in the case of a detonator from a real +propellant. Some cases of ordinary combustion can be accelerated into +explosions by increasing the area of contact between the combustible and +the oxygen supplier, for instance, ordinary gas or dust explosions. +Neither temperature nor quantity of heat energy necessarily gives an +explosive action. Some metals, e.g. aluminium and magnesium, will, in +oxidizing, produce a great thermal effect, but unless there be some +gaseous products no real explosive action. + +Explosives may be mechanical mixtures of substances capable of chemical +interaction with the production of large volumes of gases, or definite +chemical compounds of a peculiar class known as "endothermic," the +decomposition of which is also attended with the evolution of gases in +large quantity. + + All chemical compounds are either "endothermic" or "exothermic." In + endothermic compounds energy, in some form, has been taken up in the + act of formation of the compound. Some of this energy has become + potential, or rather the compound formed has been raised to a higher + potential. This case occurs when two elements can be united only under + some compulsion such as a very high temperature, by the aid of an + electric current, or spark, or as a secondary product whilst some + other reactions are proceeding. For example, oxygen and nitrogen + combine only under the influence of an electric spark, and carbon and + calcium in the electric furnace. The formation of chlorates by the + action of chlorine on boiling potash is a good instance of a complex + compound (potassium chlorate), being formed in small quantity as a + secondary product whilst a large quantity of primary and simpler + products (potassium chloride and water) is forming. In chlorate + formation the greater part of the reaction represents a running down + of energy and formation of exothermic compounds, with only a small + yield of an endothermic substance. Another idea of the meaning of + endothermic is obtained from acetylene. When 26 parts by weight of + this substance are burnt, the heat produced will warm up 310,450 parts + of water 1 deg. C. Acetylene consists of 24 parts of carbon and 2 of + hydrogen by weight. The 24 parts of carbon will, if in the form of + pure charcoal, heat 192,000 parts of water 1 deg., and the 2 parts of + hydrogen will heat 68,000 parts of water 1 deg., the total heat + production being 260,000 heat units. Thus 26 grams of acetylene give + an excess of 50,450 units over the amount given by the constituents. + This excess of heat energy[1] is due to some form of potential energy + in the compound which becomes actual heat energy at the moment of + dissolution of the chemical union. The manner in which a substance is + endothermic is of importance as regards the practical employment of + explosives. Some particular endothermic state or form results from the + mode of formation and the consequent internal structure of the + molecule. Physical structure alone can be the cause of a relative + endothermic state, as in the glass bulbs known as Rupert's drops, &c., + or even in chilled steel. Rupert's drops fly in pieces on being + scratched or cut to a certain depth. The cause is undoubtedly to be + ascribed to the molecular state of the glass brought about by chilling + from the melted state. The molecules have not had time to separate or + arrange themselves in easy positions. In steel when melted the carbide + of iron is no doubt diffused equally throughout the liquid. When + cooled slowly some carbide separates out more or less, and the steel + is soft or annealed. When chilled the carbides are retained in solid + solution. The volume of chilled glass or steel differs slightly from + that in the annealed state. + + Superfused substances are probably in a similar state of physical + potential or strain. Many metallic salts, and organic compounds + especially, will exhibit this state when completely melted and then + allowed to cool in a clean atmosphere. On touching with a little of + the same substance in a solid state the liquids will begin to + crystallize, at the same time becoming heated almost up to their + melting-points. The metal gallium shows this excellently well, keeping + liquid for years until touched with the solid metal, when there is a + considerable rise of temperature as solidification takes place. + + All carbon compounds, excepting carbon dioxide, and many if not all + compounds of nitrogen, are endothermic. Most of the explosives in + common use contain nitrogen in some form. + + Exothermic compounds are in a certain sense the reverse of + endothermic; they are relatively inert and react but slowly or not at + all, unless energy be expended upon them from outside. Water, carbon + dioxide and most of the common minerals belong to this class. + +The explosives actually employed at the present time include mixtures, +such as gunpowders and some chlorate compositions, the ingredients of +which separately may be non-explosive; compounds used singly, as +guncotton, nitroglycerin (in the form of dynamite), picric acid (as +lyddite or melinite), trinitrotoluene, nitrocresols, mercury fulminate, +&c.; combinations of some explosive compounds, such as cordite and the +smokeless propellants in general use for military purposes; and, +finally, blasting and detonating or igniting compositions, some of which +contain inert diluting materials as well as one or more high explosives. +Many igniting compositions are examples of the last type, consisting of +a high explosive diluted with a neutral substance, and frequently +containing in addition a composition which is inflamed by the explosion +of the diluted high explosive, the flame in turn igniting the actual +propellant. + +_Explosive Mixtures._--The explosive mixture longest known is +undoubtedly gunpowder (q.v.) in some form--that is, a mixture of +charcoal with sulphur and nitre, the last being the oxygen provider. +Besides the nitrates of metals and ammonium nitrate, there is a limited +number of other substances capable of serving in a sufficiently +energetic manner as oxygen providers. A few chlorates, perchlorates, +permanganates and chromates almost complete the list. Of these the +sodium, potassium and barium chlorates are best known and have been +actually tried, in admixture with some combustible substances, as +practical explosives. Most other metallic chlorates are barred from +practical employment owing to instability, deliquescence or other +property. + +Of the chlorates those of potassium and sodium are the most stable, and +mixtures of either of these salts with sulphur or sulphides, phosphorus, +charcoal, sugar, starch, finely-ground cellulose, coal or almost any +kind of organic, i.e. carbon, compound, in certain proportions, yield an +explosive mixture. In many cases these mixtures are not only fired or +exploded by heating to a certain temperature, but also by quite moderate +friction or percussion. Consequently there is much danger in manufacture +and storage, and however these mixtures have been made up, they are +quite out of the question as propellants on account of their great +tendency to explode in the manner of a detonator. In addition they are +not smokeless, and leave a considerable residue which in a gun would +produce serious fouling. + +Mixtures of chlorates with aromatic compounds such as the nitro- or +dinitro-benzenes or even naphthalene make very powerful blasting agents. +The violent action of a chlorate mixture is due first to the rapid +evolution of oxygen, and also to the fact that a chlorate can be +detonated when alone. A drop of sulphuric acid will start the combustion +of a chlorate mixture. In admixture with sulphur, sulphides and +especially phosphorus, chlorates give extremely sensitive compositions, +some of which form the basis of friction tube and firing mixtures. + +Potassium and sodium perchlorates and permanganates make similar but +slightly less sensitive explosive mixtures with the above-mentioned +substances. Finely divided metals such as aluminium or magnesium give +also with permanganates, chlorates or perchlorates sensitive and +powerful explosives. Bichromates, although containing much available +oxygen, form but feeble explosive mixtures, but some compounds of +chromic acid with diazo compounds and some acetylides are extremely +powerful as well as sensitive. Ammonium bichromate is a self-combustible +after the type of ammonium nitrate, but scarcely an explosive. + +_Explosive Compounds._--Nearly all the explosive compounds in actual use +either for blasting purposes or as propellants are nitrogen compounds, +and are obtained more or less directly from nitric acid. Most of the +propellants at present employed consist essentially of nitrates of some +organic compound, and may be viewed theoretically as nitric acid, the +hydrogen of which has been replaced by a carbon complex; such compounds +are expressed by M.O.NO2, which indicates that the carbon group is in +some manner united by means of oxygen to the nitrogen group. Guncotton +and nitroglycerin are of this class. Another large class of explosives +is formed by a more direct attachment of nitrogen to the carbon complex, +as represented by M.NO2. A number of explosives of the detonating type +are of this class. They contain the same proportions of oxygen and +nitrogen as nitrites, but are not nitrites. They have been termed +nitro-derivatives for distinction. One of the simplest and longest-known +members of this group is nitrobenzene, C6H5NO2, which is employed to +some extent as an explosive, being one ingredient in rack-a-rock and +other blasting compositions. The dinitro-benzenes, C6H4(NO2)2, made from +it are solids which are somewhat extensively employed as constituents of +some sporting powders, and in admixture with ammonium nitrate form a +blasting powder of a "flameless" variety which is comparatively safe in +dusty or "gassy" coal seams. + +Picric acid or trinitrophenol, C6H2.OH.(NO2)3 is employed as a high +explosive for shell, &c. It requires, however, either to be enclosed and +heated, or to be started by a powerful detonator to develop its full +effect. Its compounds with metals, such as the potassium salt, +C6H2.OK.(NO2)3, are when dry very easily detonated by friction or +percussion and _always_ on heating, whereas picric acid itself will burn +very quietly when set fire to under ordinary conditions. +Trinitrotoluene, C6H2.CH3.(NO2)3, is a high explosive resembling picric +acid in the manner of its explosion (to which in fact it is a rival), +but differs therefrom in not forming salts with metals. The +nitronaphthols, C10H6.OH.NO2, and higher nitration products may be +counted in the list. Their salts with metals behave much like the +picrates. + +All these nitro compounds can be reduced by the action of nascent +hydrogen to substances called amines (q.v.), which are not always +explosive in themselves, but in some cases can form nitrates of a +self-combustible nature. Aminoacetic acid, for instance, will form a +nitrate which burns rapidly but quietly, and might be employed as an +explosive. By the action of nitrous acid at low temperatures on aromatic +amines, e.g. aniline, C6H5NH2, diazo compounds are produced. These are +all highly explosive, and when in a dry state are for the most part also +extremely sensitive to friction, percussion or heat. As many of these +diazo compounds contain no oxygen their explosive nature must be +ascribed to the peculiar state of union of the nitrogen. This state is +attempted to be shown by the formulae such as, for instance, C6H5.N : +N.X, which maybe some compound of diazobenzene. Probably the most +vigorous high explosive at present known is the substance called +hydrazoic acid or azoimide (q.v.). It forms salts with metals such as +AgN3, which explode in a peculiar manner. The ammonium compound, NH4N3, +may become a practical explosive of great value. + +Mercuric fulminate, HgC2N2O2, is one of the most useful high explosives +known. It is formed by the action of a solution of mercurous nitrate, +containing some nitrous acid, on alcohol. It is a white crystalline +substance almost insoluble in cold water and requiring 130 times its +weight of boiling water for solution. It may be heated to 180 deg. C. +before exploding, and the explosion so brought about is much milder than +that produced by percussion. It forms the principal ingredient in cap +compositions, in many fuses and in detonators. In many of these +compositions the fulminate is diluted by mixture with certain quantities +of inert powders so that its sensitiveness to friction or percussion is +just so much lowered, or slowed down, that it will fire another mixture +capable of burning with a hot flame. For detonating dynamite, guncotton, +&c., it is generally employed without admixture of a diluent. + +_Smokeless Propellants._--Gunpowders and all other explosive mixtures or +compounds containing metallic salts must form smoke on combustion. The +solids produced by the resolution of the compounds are in an extremely +finely-divided state, and on being ejected into the atmosphere become +more or less attached to water vapour, which is so precipitated, and +consequently adds to the smoke. The simplest examples of propellants of +the smokeless class are compressed gases. Compressed air was the +propellant for the Zalinski dynamite gun. Liquefied carbon dioxide has +also been proposed and used to a slight extent with the same idea. It is +scarcely practical, however, because when a quantity of a gas liquefied +by pressure passes back again into the gaseous state, there is a great +absorption of heat, and any remaining liquid, and the containing vessel, +are considerably cooled. Steam guns were tried in the American Civil War +in 1864; but a steam gun is not smokeless, for the steam escaping from +the long tube or gun immediately condenses on expansion, forming white +mist or smoke. + +At the earliest stage of the development of guncotton the advantage of +its smokeless combustion was fully appreciated (see GUNCOTTON). That it +did not at once take its position as _the_ smokeless propellant, was +simply due to its physical state--a fibrous porous mass--which burnt too +quickly or even detonated under the pressure required in fire-arms of +any kind. In the early eighties of the 19th century it was found that +several substances would partly dissolve or at least gelatinize +guncotton, and the moment when guncotton proper was obtained as a +colloid or jelly was the real start in the matter of smokeless +propellants. + +Guncotton is converted into a gelatinous form by several substances, +such as esters, e.g. ethyl acetate or benzoate, acetone and other +ketones, and many benzene compounds, most of which are volatile liquids. +On contact with the guncotton a jelly is formed which stiffens as the +evaporation of the gelatinizing agent proceeds, and finally hardens when +the evaporation is complete. Whilst in a stiff pasty state it may be +cut, moulded or pressed into any desired shape without any danger of +ignition. In fact guncotton in the colloid state may be hammered on an +anvil, and, as a rule, only the portion struck will detonate or fire. +Guncotton alone makes a very hard and somewhat brittle mass after +treatment with the gelatinizing agent and complete drying, and small +quantities of camphor, vaseline, castor oil and other substances are +incorporated with the gelatinous guncotton to moderate this hard and +brittle state. + +All the smokeless powders, of which gelatinized guncottons or nitrated +celluloses are the base, are moulded into some conveniently shaped +grain, e.g. tubes, cords, rods, disks or tablets, so that the rate of +burning may be controlled as desired. The Vieille powder, invented in +1887 and adopted in France for a magazine rifle, consisted of +gelatinized guncotton with a little picric acid. Later a mixture of two +varieties of guncotton gelatinized together was used. In addition to +guncottons other explosive or non-explosive substances are contained in +some of these powders. Guncotton alone in the colloid state burns very +slowly if in moderate-sized pieces, and when subdivided or made into +thin rods or strips it is still very mild as an explosive, partly from a +chemical reason, viz. there is not sufficient oxygen in it to burn the +carbon to dioxide. Many mixtures are consequently in use, and many more +have been proposed, which contain some metallic salt capable of +supplying oxygen, such as barium or ammonium nitrate, &c., the idea +being to accelerate the rate of burning of the guncotton and if possible +avoid the production of smoke. + +The discovery by A. Nobel that nitroglycerin could be incorporated with +collodion cotton to form blasting gelatin (see DYNAMITE) led more or +less directly to the invention of ballistite, which differs from +blasting gelatin only in the relative amounts of collodion, or soluble +nitrated cotton, and nitroglycerin. Ballistite was adopted by the +Italian government in 1890 as a military powder. Very many substances +and mixtures have been proposed for smokeless powder, but the two +substances, guncotton and nitroglycerin, have for the most part kept the +field against all other combinations, and for several reasons. +Nitroglycerin contains a slight excess of oxygen over that necessary to +convert the whole of the carbon into carbon dioxide; it burns in a more +energetic manner than guncotton; the two can be incorporated together in +any proportion whilst the guncotton is in the gelatinous state; also all +the liquids which gelatinize guncotton dissolve nitroglycerin, and, as +these gelatinizing liquids evaporate, the nitroglycerin is left +entangled in the guncotton jelly, and then shares more or less its +colloidal character. In burning the nitroglycerin is protected from +detonation by the gelatinous state of the guncotton, but still adds to +the rate of burning and produces a higher temperature. + + _Desirable Qualities._--Smokelessness is one only of the desirable + properties of a propellant. All the present so-called smokeless + powders produce a little fume or haze, mainly due to the condensation + of the steam which forms one of the combustion products. There is + often also a little vapour from the substances, such as oils, mineral + jelly, vaseline or other hydrocarbon added for lubrication or to + render the finished material pliable, &c. The gases produced should + neither be very poisonous nor exert a corrosive action on metals, &c. + The powder itself should have good keeping qualities, that is, not be + liable to chemical changes within ordinary ranges of temperature or in + different climates when stored for a few years. In these powders + slight chemical changes are generally followed by noticeable ballistic + changes. All the smokeless powders of the present day produce some + oxide of nitrogen, traces of which hang about the gun after firing and + change rapidly into nitrous and nitric acids. Nitrous acid is + particularly objectionable in connexion with metals, as it acts as a + carrier of oxygen. The fouling from modern smokeless powders is a + slight deposit of acid grease, and the remedy consists in washing out + the bore of the piece with an alkaline liquid. The castor oil, mineral + jelly or camphor, and similar substances added to smokeless powders + are supposed to act as lubricants to some extent. They are not as + effective in this respect as mineral salts, and the rifling of both + small-arms and ordnance using smokeless powders is severely gripped by + the metal of the projectile. The alkaline fouling produced by the + black and brown powders acted as a preventive of rusting to some + extent, as well as a lubricant in the bore. + + _Danger in Manufacture._--In the case of the old gunpowders, the most + dangerous manufacturing operation was incorporation. With the modern + colloid propellants the most dangerous operations are the chemical + processes in the preparation of nitroglycerin, the drying of + guncotton, &c. After once the gelatinizing solvent has been added, all + the mechanical operations can be conducted, practically, with perfect + safety. This statement appears to be correct for all kinds of nitrated + cellulose powders, whether mixed with nitroglycerin or other + substances. Should they become ignited, which is possible by a rise of + temperature (to say 180 deg.) or contact with a flame, the mixture + burns quickly, but does not detonate. + + As a rule naval and military smokeless powders are shaped into flakes, + cubes, cords or cylinders, with or without longitudinal perforations. + All the modifications in shape and size are intended to regulate the + rate of burning. Sporting powders are often coloured for trade + distinction. Some powders are blackleaded by glazing with pure + graphite, as is done with black powders. One object of this glazing is + to prevent the grains or pieces becoming joined by pressure; for rods + or pieces of some smokeless powders might possibly unite under + considerable pressure, producing larger pieces and thus altering the + rate of burning. Most smokeless powders are fairly insensitive to + shock. All these gelatinized powders are a little less easily ignited + than black powders. A slightly different cap composition is required + for small-arm cartridges, and cannon cartridges generally require a + small primer or starter of powdered black gunpowder. + + It is desired that a propellant shall produce the maximum velocity + with the minimum pressure. The pressure should start gently so that + the inertia of the projectile is overcome without any undue local + strain on the breech near the powder chamber, and more especially that + as more and more space is given to the gases by the movement of the + projectile up the gun to the muzzle, gas should be produced with + sufficient rapidity to keep the pressure nearly uniform or slightly + increasing along the bore. The leading idea for improvements in + relation to propellants is to obtain the greatest possible pressure + regularly developed, and at the same time the lowest temperatures. + (W. R. E. H.) + +_Law._--In 1860 an act was passed in England "to amend the law +concerning the making, keeping and carriage of gunpowder and +compositions of an explosive nature, and concerning the manufacture and +use of fireworks" (23 & 24 Vict. c. 139), whereby previous acts on the +same subject were repealed, and minute and stringent regulations +introduced. Amending acts were passed in 1861 and 1862. In 1875 was +passed the Explosives Act (38 & 39 Vict. c. 17), which repealed the +former acts, and dealt with the whole subject in a more comprehensive +manner. This act, containing 122 sections, and applying to Scotland and +Ireland, as well as to England, constitutes, with various orders in +council and home office orders, a complete code. The act of 1875 was +based on the report of a committee of the House of Commons, public +opinion having been greatly excited on the subject by a terrible +explosion on the Regent's Canal in 1874. Explosives are thus defined: +(1) Gunpowder, nitroglycerin, dynamite, guncotton, blasting powders, +fulminate of mercury or of other metals, coloured fires, and every other +substance, whether similar to those above-mentioned or not, used or +manufactured with a view to produce a practical effect by explosion or a +pyrotechnic effect, and including (2) fog-signals, fireworks, fuses, +rockets, percussion caps, detonators, cartridges, ammunition of all +descriptions, and every adaptation or preparation of an explosive as +above defined. Part i. deals with gunpowder, providing that it shall be +manufactured only at factories lawfully existing or licensed under the +act; that it shall be kept (except for private use) only in existing or +new magazines or stores, or in registered premises, licensed under the +act. Private persons may keep gunpowder for their own use to the amount +of thirty pounds. The act also prescribes rules for the proper keeping +of gunpowder on registered premises. Part ii. deals with nitroglycerin +and other explosives; part iii. with inspection, accidents, search, &c.; +part iv. contains various supplementary provisions. By order in council +the term "explosive" may be extended to any substance which appears to +be specially dangerous to life or property by reason of its explosive +properties, or to any process liable to explosion in the manufacture +thereof, and the provisions of the act then extend to such substance +just as if it were included in the term "explosive" in the act. The act +lays down minute and stringent regulations for the sale of gunpowder, +restricting the sale thereof in public thoroughfares or places, or to +any child apparently under the age of thirteen; requiring the sale of +gunpowder to be in closed packages labelled; it also lays down general +rules for conveyance, &c. The act also gives power by order in council +to define, from time to time, the composition, quality and character of +any explosive, and to classify explosives, and such orders in council +are frequently made including new substances; those in force will be +found in the _Statutory Rules and Orders_, tit. "explosive substance." +The Merchant Shipping Act 1894 imposes restrictions on the carriage of +dangerous goods in a British or foreign vessel, "dangerous goods" +meaning aquafortis, vitriol, naphtha, benzine, gunpowder, lucifer +matches, nitroglycerin, petroleum and any explosive within the meaning +of the Explosives Act 1875. The act is administered by the home office, +and an annual report is published containing the proceedings of the +inspectors of explosives and an account of the working of the act. Each +annual report gives a list of explosives at the time authorized for +manufacture or importation, and appendices containing information as to +accidents, experiments, &c. + +Practically every European country has legislated on the lines of the +English act of 1875, Austria taking the lead, in 1877, with an +explosives ordinance almost identical with the English act. The United +States and the various English colonies also have explosives acts +regulating the manufacture, storage and importation of explosives. (See +also PETROLEUM.) (T. A. I.) + + BIBLIOGRAPHY.--M. Berthelot, _Sur la force des matieres explosives_ + (Paris, 1883); P.F. Chalon, _Les Explosifs modernes_ (Paris, 1886); + W.H. Wardell, _Handbook of Gunpowder and Guncotton_ (London, 1888); + J.P. Cundill, _A Dictionary of Explosives_ (London, 1889 and 1897); M. + Eissler, _A Handbook of Modern Explosives_ (London, 1896, new ed. + 1903); J.A. Longridge, _Smokeless Powder and its Influence on Gun + Construction_ (London, 1890); C. Napier Hake and W. Macnab, + _Explosives and their Power_ (London, 1892); G. Coralys, _Les + Explosifs_ (Paris, 1893); A. Ponteaux, _La Poudre sans fumee et les + poudres anciennes_ (Paris, 1893); F. Salvati, _Vocabolario di polveri + ed explosivi_ (Rome, 1893); C. Guttmann, _The Manufacture of + Explosives_ (London, 1895 and later); S.J. von Romocki, _Geschichte + der Sprengstoffchemie, der Sprengtechnik und des Torpedowesens bis zum + Beginn der neusten Zeit_ (Berlin, 1895); _Geschichte der + Explosivstoffe, die rauchschwachen Pulver_ (Berlin, 1896); P.G. + Sanford, _Nitro-explosives_ (London, 1896); L. Gody, _Traite theorique + et pratique des matieres explosives_ (Namur, 1896); R. Wille, _Der + Plastomerite_ (Berlin, 1898); E. Sarrau, _Introduction a la theorie + des explosifs_ (1893); _Theorie des explosifs_ (1896); O. Guttmann, + _Manufacture of Explosives_ (London, 1895); E.M. Weaver, _Notes on + Military Explosives_ (New York, 1906); M. Eissler, _The Modern High + Explosives_ (New York, 1906); _Treatise on Service Explosives_, + published by order of the secretary of state for war (London, 1907). + Most of the literature on modern explosives, e.g. dynamite, &c., is to + be found in papers contributed to scientific journals and societies. + An index to those which have appeared in the _Journal of the Society + of Chemical Industry_ is to be found in the decennial index (1908) + compiled by F.W. Renant. + + +FOOTNOTE: + + [1] Not necessarily heat energy entirely. A number of + substances--acetylides and some nitrogen compounds, such as nitrogen + chloride--decompose with extreme violence, but _little heat_ is + produced. + + + + +EXPRESS (through the French from the past participle of the Lat. +_exprimere_, to press out, by transference used of representing objects +in painting or sculpture, or of thoughts, &c. in words), a word +signifying that which is clearly and definitely set forth or +represented, explicit, and thus used of a meaning, a law, a contract and +the like, being specially contrasted with "implied." Thus in law, +malice, for which there is actual evidence, as apart from that which may +be inferred from the acts of the person charged, is known as "express." +The word is most frequently used with the idea of something done with a +definite purpose; the term "express train," now meaning one that travels +at a high speed over long distances with few intermediate stoppages, +was, in the early days of railways, applied to what is now usually +called a "special," i.e. a train not running according to the ordinary +time-tables of the railway company, but for some specific purpose, or +engaged by a private person. About 1845 this term became used for a +train running to a particular place without stopping. Similarly in the +British postal service, express delivery is a special and immediate +delivery of a letter, parcel, &c., by an express messenger at a +particular increased rate. The system was adopted in 1891. + +In the United States of America, express companies for the rapid +transmission of parcels and luggage and light goods generally perform +the function of the post office or the railways in the United Kingdom +and the continent of Europe. Not only do they deliver goods, but by the +cash on delivery system (see CASH) the express companies act as agents +both for the purchaser and seller of goods. They also serve as a most +efficient agency for the transmission of money, the express money order +being much more easily convertible than the postal money orders, as the +latter can only be redeemed at offices in large and important towns. The +system dates back to 1839, when one William Frederick Harnden +(1813-1845), a conductor on the Boston and Worcester railway, undertook +on his own account the carrying of small parcels and the performance of +small commissions. Obliged to leave the company's service or abandon his +enterprise, he started an "express" service between Boston and New York, +carrying parcels, executing commissions and collecting drafts and bills. +Alvin Adams followed in 1840, also between Boston and New York. From +1840 to 1845 the system was adopted by many others between the more +important towns throughout the States. The attempt to carry letters +also was stopped by the government as interfering with the post office. +In 1854 began the amalgamation of many of the companies. Thus under the +name of the Adams Express Company the services started by Harnden and +Adams were consolidated. The lines connecting the west and east by +Albany, Buffalo and the lakes were consolidated in the American Express +Company, under the direction of William G. Fargo (q.v.), Henry Wells and +Johnston Livingston, while another company, Wells, Fargo & Co., operated +on the Pacific coast. The celebrated "Pony Express" was started in 1860 +between San Francisco and St Joseph, Missouri, the time scheduled being +eight days. The service was carried on by relays of horses, with +stations 25 m. apart. The charge made for the service was $2.50 per 1/2 +oz. The completion of the Pacific Telegraph Company line in 1861 was +followed by the discontinuance of the regular service. + +The name "express" is applied to a rifle having high velocity, flat +trajectory and long fixed-sight ranges; and an "express-bullet" is a +light bullet with a heavy charge of powder used in such a rifle (see +RIFLE). + + + + +EXPROPRIATION, the taking away or depriving of property (Late Lat. +_expropriare_, to take away, _proprium_, i.e. that which is one's own). +The term is particularly applied to the compulsory acquisition of +private property by the state or other public authority. + + + + +EXPULSION (Lat. _expulsio_, from _expellere_), the act of driving out, +or of removing a person from the membership of a body or the holding of +an office, or of depriving him of the right of attending a meeting, &c. +In the United Kingdom the House of Commons can by resolution expel a +member. Such resolution cannot be questioned by any court of law. But +expulsion is only resorted to in cases where members are guilty of +offences rendering them unfit for a seat in the House, such as being in +open rebellion, being guilty of forgery, perjury, fraud or breach of +trust, misappropriation of public money, corruption, conduct unbecoming +the character of an officer and a gentleman, &c. It is customary to +order the member, if absent, to attend in his place, before an order is +made for his expulsion (see May, _Parliamentary Practice_, 1906, p. 56 +seq.). Municipal corporations or other local government bodies have no +express power to expel a member, except in such cases where the law +declares the member to have vacated his seat, or where power is given by +statute to declare the member's seat vacant. In the cases of officers +and servants of the crown, tenure varies with the nature of the office. +Some officials hold their offices _ad vitam aut culpam or dum bene se +gesserunt_, others can be dismissed at any time and without reason +assigned and without compensation. In the case of membership of a +voluntary association (club, &c.) the right of expulsion depends upon +the rules, and must be exercised in good faith. Courts of justice have +jurisdiction to prevent the improper expulsion of the member of a +voluntary association where that member has a right of property in the +association. In the case of meetings, where the meeting is one of a +public body, any person not a member of the body is entitled to be +present only on sufferance, and may be expelled on a resolution of the +body. In the case of ordinary public meetings those who convene the +meeting stand in the position of licensors to those attending and may +revoke the licence and expel any person who creates disorder or makes +himself otherwise objectionable. + +_Expulsion of Aliens._--Under the Naturalization Act of 1870, the last +of the civil disqualifications affecting aliens in England was removed. +The political disqualifications which remained only applied to electoral +rights. In the very exceptional cases in which it was retained in the +statute book, expulsion was considered to have fallen into desuetude, +but it has been revived by the Aliens Act of 1905 (5 Edw. VII. c. 13). +Under this act powers are given to the secretary of state to make an +order requiring an alien to leave the United Kingdom within a time fixed +by the order and thereafter to remain outside the United Kingdom, +subject to certain conditions, provided it is certified to him that the +alien has been convicted of any felony or misdemeanour or other offence +for which the court has power to impose imprisonment without the option +of a fine, &c., or that he has been sentenced in a foreign country with +which there is an extradition treaty, for a crime not being an offence +of a political character. There are also provisions applicable within +one year, after the alien has entered the United Kingdom in the case of +pauper aliens. Precautions are taken to prevent, as far as possible, any +abuse of the power of expulsion. Under the French law of expulsion +(December 3, 1849) there are no such precautions, the minister of the +interior having an absolute discretion to order any foreigner as a +measure of public policy to leave French territory and in fact to have +him taken immediately to the frontier. + + + + +EXTENSION (Lat. _ex_, out; _tendere_, to stretch), in general, the +action of straining or stretching out. It is usually employed +metaphorically (cf. the phrase an "extension of time," a period allowed +in excess of what has been agreed upon). It is used as a technical term +in logic to describe the total number of objects to which a given term +may be applied; thus the meaning of the term "King" in "extension" means +the kings of England, Italy, Spain, &c. (cf. DENOTATION), while in +"intension" it means the attributes which taken together make up the +idea of kinghood (see CONNOTATION). In psychology the literal sense of +extension is retained, i.e. "spread-outness." The perception of space by +the senses of sight and touch, as opposed to semi-spatial perceptions by +smell and hearing, is that of "continuous expanse composed of positions +separated and connected by distances" (Stout); to this the term +"extension" is applied. The perception of separate objects involves +position and distance, but these taken together are not extension, which +necessarily implies continuity. To move one's finger along the keys of a +piano gives both the position and the distance of the keys; to move it +along the frame gives the idea of extension. By expanding this idea we +obtain the conception of all space as an extended whole. To this +perception are necessary both form and material. It should be observed +the actual quality of a stimulus (rough, smooth, dry, &c.) has nothing +to do with the spatial perception as such, which is concerned purely +with what is known as "local signature." The elementary undifferentiated +sensation excited by the stimuli exerted by a continuous whole is known +as its "extensive quantity" or "extensity." The term has to do not with +the kind of object which excites the sensation, but simply with the +vague massiveness of the latter. As such it is distinguishable in +thought from extension, though it is not easy to say whether and if so +how far the quantitative aspect of space can exist apart from spatial +order. Extensity as an element in the complex of extension must be +carefully distinguished from intensity. Mere increase of pressure +implies increase of intensity of sensation; to increase the extensity +the _area_, so to speak, of the exciting stimulus must be increased. +Thus the extensity (also called "voluminousness," or "massiveness") of +the sensation produced by a roll of thunder is greater than that +produced by a whistle or the bark of a dog. It should be observed that +this application of the idea of extensity to sensation in general, +rather than to the matter which is the exciting stimulus, is only an +analogy, an attempt to explain a common psychic phenomenon by +terminology which is intrinsically suitable to the physical. As a +natural consequence the term represents different shades of meaning in +different treatises, verging sometimes towards the physical, sometimes +towards the psychic, meaning. + +In connexion with extension elaborate psycho-physical experiments have +been devised,.e.g. with the object of comparing the accuracy of tactual +and visual perception and discovering what are the least differences +which each can observe. At a distance two lights appear as one, just as +two stars distinguishable through a telescope are one to the naked eye +(see VISION): again if the points of a compass are brought close +together and pressed lightly on the skin the sensation, though vague and +diffused, is a single one. + + See PSYCHOLOGY and works there quoted; also SPACE AND TIME. + + + + +EXTENUATING CIRCUMSTANCES. This expression is used in law with reference +to crimes, to describe cases in which, though an offence has been +committed without legal justification or excuse, its gravity, from the +point of view of punishment or moral opprobrium, is mitigated or reduced +by reason of the facts leading up to or attending the commission of the +offence. According to English procedure, the jury has no power to +determine the punishment to be awarded for an offence. The sentence, +with certain exceptions in capital cases, is within the sole discretion +of the judge, subject to the statutory prescriptions as to the kind and +maximum of punishment. It is common practice for juries to add to their +verdict, guilty or not guilty, a rider recommending the accused to mercy +on the ground of grave provocation received, or other circumstances +which in their view should mitigate the penalty. This form of rider is +often added on a verdict of guilty of wilful murder, a crime as to which +the judge has no discretion as to punishment, but the recommendation is +sent to the Home Office for consideration in advising as to exercise of +the prerogative of mercy. Quite independently of any recommendation by +the jury, the judge is entitled to take into account matters proved +during the trial, or laid before him after verdict, as a guide to him in +determining the quantum of punishment. + +Under the French law (_Code d'instruction criminelle_, art. 345), it is +the sole right and the duty of a jury in a criminal case to pronounce +whether or not the commission of the offence was attended by extenuating +circumstances (_circonstances attenuantes_). They are not bound to say +anything about the matter, but the whole or the majority may qualify the +verdict by finding extenuation, and if they do, the powers of the court +to impose the maximum punishment are taken away and the sentence to be +pronounced is reduced in accordance with the scale laid down in art. 463 +of the _Code penal_. The most important result of this rule is to enable +a jury to prevent the infliction of capital punishment for murder. In +cases of what is termed "crime passionel," French juries, when they do +not acquit, almost invariably find extenuation; and a like verdict has +become common even in the case of cold-blooded and sordid murders, owing +to objections to capital punishment. + + + + +EXTERRITORIALITY, a term of international law, used to denominate +certain immunities from the application of the rule that every person is +subject for all acts done within the boundaries of a state to its local +laws. It is also employed to describe the quasi-extraterritorial +position, to borrow the phrase of Grotius, of the dwelling-place of an +accredited diplomatic agent, and of the public ships of one state while +in the waters of another. Latterly its sense has been extended to all +cases in which states refrain from enforcing their laws within their +territorial jurisdiction. The cases recognized by the law of nations +relate to: (1) the persons and belongings of foreign sovereigns, whether +incognito or not; (2) the persons and belongings of ambassadors, +ministers plenipotentiary, and other accredited diplomatic agents and +their suites (but not consuls, except in some non-Christian countries, +in which they sometimes have a diplomatic character); (3) public ships +in foreign waters. Exterritoriality has also been granted by treaty to +the subjects and citizens of contracting Christian states resident +within the territory of certain non-Christian states. Lastly, it is held +that when armies or regiments are allowed by a foreign state to cross +its territory, they necessarily have exterritorial rights. "The ground +upon which the immunity of sovereign rulers from process in our courts," +said Mr Justice Wills in the case of _Mighell_ v. _Sultan of Johore_, +1804, "is recognized by our law, is that it would be absolutely +inconsistent with the status of an independent sovereign that he should +be subject to the process of a foreign tribunal," unless he deliberately +submits to its jurisdiction. It has, however, been held where the +foreign sovereign was also a British subject (_Duke of Brunswick_ v. +_King of Hanover_, 1844), that he is amenable to the jurisdiction of the +English Courts in respect of transactions done by him in his capacity as +a subject. A "foreign sovereign" may be taken to include the president +of a republic, and even a potentate whose independence is not complete. +Thus in the case, cited above, of _Mighell_ v. _Sultan of Johore_, the +sultan was ascertained to have abandoned all right to contract with +foreign states, and to have placed his territory under British +protection. The court held that he was, nevertheless, a foreign +sovereign in so far as immunity from British jurisdiction was concerned. +The immunity of a foreign diplomatic agent, as the direct representative +of a foreign sovereign (or state), is based on the same grounds as that +of the sovereign authority itself. The international practice in the +case of Great Britain was confirmed by an act of parliament of the reign +of Queen Anne, which is still in force. The preamble to this act states +that "turbulent and disorderly persons in a most outrageous manner had +insulted the person of the then ambassador of his Czarish Majesty, +emperor of Great Russia," by arresting and detaining him in custody for +several hours, "in contempt to the protection granted by Her Majesty, +contrary to the law of nations, and in prejudice of the rights and +privileges which ambassadors and other public ministers, authorized and +received as such, have at all times been thereby possessed of, and ought +to be kept sacred and inviolable." This preamble has been repeatedly +held by our courts to be declaratory of the English common law. The act +provides that all suits, writs, processes, against any accredited +ambassador or public minister or his domestic servant, and all +proceedings and judgments had thereupon, are "utterly null and void," +and that any person violating these provisions shall be punished for a +breach of the public peace. Thus a foreign diplomatic agent cannot, like +the sovereign he represents, waive his immunity by submitting to the +British jurisdiction. The diplomatic immunity necessarily covers the +residence of the diplomatic agent, which some writers describe as +assimilated to territory of the state represented by the agent; but +there is no consideration which can justify any extension of the +immunity beyond the needs of the diplomatic mission resident within it. +It is different with public ships in foreign waters. In their case the +exterritoriality attaches to the vessel. Beyond its bulwarks captain and +crew are subject to the ordinary jurisdiction of the state upon whose +territory they happen to be. By a foreign public ship is now understood +any ship in the service of a foreign state. It was even held in the case +of the "Parlement Belge" (1880), a packet belonging to the Belgian +government, that the character of the vessel as a public ship was not +affected by its carrying passengers and merchandise for hire. In a more +recent case an action brought by the owners of a Greek vessel against a +vessel belonging to the state of Rumania was dismissed, though the +agents of the Rumanian government had entered an appearance +unconditionally and had obtained the release of the vessel on bail, on +the ground that the Rumanian government had not authorized acceptance of +the British jurisdiction (The "Jassy," 1906, 75 L.J.P. 93). + +Writers frequently describe the exterritoriality of both embassies and +ships as absolute. There is, however, this difference, that the +exterritoriality of the latter not being, like that of embassies, a +derived one, there seems to be no ground for limitation of it. It was, +nevertheless, laid down by the arbitrators in the "Alabama" case +(Cockburn dissenting), that the privilege of exterritoriality accorded +to vessels had not been admitted into the law of nations as an absolute +right, but solely as a proceeding founded on the principle of courtesy +and mutual deference between different nations, and that it could +therefore "never be appealed to for the protection of acts done in +violation of neutrality." + +The exterritorial settlements in the Far East, the privileges of +Christians under the arrangements made with the Ottoman Porte, and other +exceptions from local jurisdictions, are subject to the conditions laid +down in the treaties by which they have been created. There are also +cases in which British communities have grown up in barbarous countries +without the consent of any local authority. All these are regulated by +orders in council, issued now in virtue of the Foreign Jurisdiction Act +1890, an act enabling the crown to exercise any jurisdiction it may have +"within a foreign country" in as ample a manner as if it had been +acquired "by cession or conquest of territory." A very exceptional case +of exterritoriality is that granted to the pope under a special Italian +enactment. (T. Ba.) + + + + +EXTORTION (Lat. _extorsio_, from _extorquere_, to twist out, to take +away by force), in English law the term applied to the exaction by +public officers of money or money's worth not due at all, or in excess +of what is due, or before it is due. Such exaction, unless made in good +faith (i.e. in honest mistake as to the sum properly payable), is a +misdemeanour by the common law and is punishable by fine and (or) +imprisonment. Besides the punishment above stated, an action for twice +the value of the thing extorted lies against officers of the king (1275, +3 Edw. I. c. 26). There are numerous provisions for the punishment of +particular officers who make illegal exactions or take illegal fees: +e.g. sheriffs and their officers (Sheriffs Act 1887), county court +bailiffs (County Courts Act 1888), clerks of courts of justice, and +gaolers who exact fees from prisoners. A gaoler is also punishable for +detaining the corpse of a prisoner as security for debt. The term +"public officer" is not limited to offices under the crown; and there +are old precedents of criminal proceedings for extortion against +churchwardens, and against millers and ferrymen who demand tolls in +excess of what is customary under their franchise. + +The term extortion is also applied to the exaction of money or money's +worth by menaces of personal violence or by threats to accuse of crime +or to publish defamatory matter about another person. These offences +fall partly under the head of robbery and partly under blackmail, or +what in French is termed _chantage_. + + See _Russell on Crimes_ (6th ed., vol. i. p. 423; vol. iii. p. 348). + + + + +EXTRACT (from Lat. _extrahere_, to draw out), in pharmacy, the name +given to preparations formed by evaporating or concentrating solutions +of active principles; _tinctures_ are solutions which have not been +subjected to any evaporation. "Liquid extracts" are those of a syrupy +consistency, and are generally prepared by treating the drug with the +solvent (water, alcohol, &c.) and concentrating the solution until it +attains the desired consistency. "Ordinary extracts" are thick, +tenacious and sometimes even dry preparations; they are obtained by +evaporating solutions as obtained above, or the juices expressed from +the plants. + +Extraction, in chemical technology, is a process for separating one +substance from another by taking advantage of the varying solubility of +the components in some chosen solvent. The term "lixiviation" is used +when water is the solvent. In laboratory practice all the common +solvents are employed. With small quantities it may suffice to shake the +substance with the solvent, the mixture being heated if necessary, +filter and distil or otherwise remove the solvent from the distillate. +For larger quantities continuous extraction is advisable. This may be +carried out in many forms of apparatus; one of the most convenient is +the Soxhlet extractor, in which the extract siphons into the flask +containing the solvent, and so maintains the quantity of available +solvent practically constant. Continuous extraction is generally the +practice in technology. One of the most important applications is in the +fat and gelatine industries. + + + + +EXTRADITION (Lat. _ex_, out, and _traditio_, handing over), the +surrender of an alleged criminal for trial by a foreign state where he +has taken refuge, to the state against which the alleged offence has +been committed. When a person who has committed an offence in one +country escapes to another, what is the duty of the latter with regard +to him? Should the country of refuge try him in its own courts according +to its own laws, or deliver him up to the country whose laws he has +broken? To the general question international law gives no certain +answer. Some jurists, Grotius among them, incline to hold that a state +is bound to give up fugitive criminals, but the majority appear to deny +the obligation as a matter of right, and prefer to put it on the ground +of comity. And the universal practice of nations is to surrender +criminals only in consequence of some special treaty with the country +which demands them. + +There are two practical difficulties about extradition which have +probably prevented the growth of any uniform rule on the subject. One is +the variation in the definitions of crime adopted by different +countries. The second is the possibility of the process of extradition +being employed to get hold of a person who is wanted by his country, not +really for a criminal, but for a political offence. In modern states, +and more particularly in England, offences of a political character have +always been carefully excluded from the operation of the law of +extradition. + +1. UNITED KINGDOM.--The Extradition Acts 1870-1873 (33 & 34 Vict. cc. +62, and 36 & 37 Vict. c. 60) and the Fugitive Offenders Act 1881 (44 & +45 Vict. c. 69) deal with different branches of the same subject, the +recovery and surrender of fugitive criminals. The Extradition Acts apply +in the case of countries with which Great Britain has extradition +treaties. The Fugitive Offenders Act applies--(1) as between the United +Kingdom and any British possession, (2) as between any two British +possessions, and (3) as between the United Kingdom or a British +possession and certain foreign countries, such as Turkey and China, in +which the crown exercises foreign jurisdiction. + +_Conditions of Surrender._--In spite of some earlier authorities it has +long been settled that in English law there is no power to surrender +fugitive criminals to a foreign country without express statutory +authority. Such authority is now given by the Extradition Acts +1870-1873, but only in the case of the offences therein specified, and +with regard to countries with which an arrangement has been entered +into, and to which the acts have been applied by order in council. The +acts are further to be applied, subject to such "conditions, exceptions +and qualifications as may be deemed expedient" (s. 2); and these +conditions, &c., are invariably to be found in the extradition treaty +which is set out in the order in council applying the Extradition Acts +to a particular country. To support a demand for extradition from Great +Britain it is therefore necessary to show that the offence is one of +those enumerated in the Extradition Acts, and also in the particular +treaty, and that the acts charged amount to the offence according to the +laws both of Great Britain and of the state demanding the surrender. + +_Surrender of Subjects._--A further question arises where a state is +called on to surrender one of its own subjects. Some of the treaties, +such as those with France and Germany, stipulate that neither +contracting party shall surrender its own subjects, and in such cases a +British subject cannot be surrendered by his own country. The treaties +with Spain, Switzerland and Luxemburg provide for the surrender by Great +Britain of her own subjects, but there is no reciprocity. Other +treaties, such as those with Austria, Belgium, Russia and the +Netherlands, give each party the option of surrendering or refusing to +surrender its own subjects in each particular case. Under such treaties +British subjects are surrendered unless the secretary of state +intervenes to forbid it. Lastly, some treaties, such as that with the +United States, contain no restriction of this kind, and the subjects of +each power are freely surrendered to the other. Surrender by Great +Britain is also subject to the following restrictions contained in s. 3 +of the Extradition Act 1870:--(1) that the offence is not of a political +character, and the requisition has not been made with a view to try and +punish for an offence of a political character; (2) that the prisoner +shall not be liable to be tried for any but the specified extradition +offences; (3) that he shall not be surrendered until he has been tried +and served his sentence for offences committed in Great Britain; and (4) +that he shall not be actually given up until fifteen days after his +committal for extradition, so as to allow of an application to the +courts. + +_Political Offences._--The question as to what constitutes a political +offence is one of some nicety. It was discussed in _In re Castioni_ +(1890, 1 Q.B. 149), where it was held, following the opinion of Mr +Justice Stephen in his _History of the Criminal Law_, that to give an +offence a political character it must be "incidental to and form part of +political disturbances." Extradition was accordingly refused for +homicide committed in the course of an armed rising against the +constituted authorities. In the more recent case of _In re Meunier_ +(1894, 2 Q.B. 415), an Anarchist was charged with causing two explosions +in Paris--one at the Cafe Very resulting in the death of two persons, +and the other at certain barracks. It was not contended that the outrage +at the cafe was a political crime, but it was argued that the explosion +at the barracks came within the description. The court, however, held +that to constitute a political offence there must be two or more parties +in the state, each seeking to impose a government of its own choice on +the other, which was not the case with regard to Anarchist crimes. The +party of anarchy was the enemy of all governments, and its effects were +directed primarily against the general body of citizens. The test +applied in the earlier case is perhaps the more satisfactory of the two. + +With regard to the provision that surrender shall not be granted if the +requisition has in fact been made with a view to try and punish for an +offence of a political character, it, was decided in the case of _Arton_ +(1896, 1 Q.B. 108) that a mere suggestion, that after his surrender for +a non-political crime, the prisoner would be interrogated on political +matters (his alleged complicity in the Panama scandal), and punished for +his refusal to answer, was not enough to bring him within the provision. +The court also held that it had no jurisdiction to entertain a +suggestion that the request of the French government for his extradition +was not made in good faith and in the interests of justice. + +_Extradition Offences._--The following is a list of crimes in respect of +which extradition may be provided for under the Extradition Acts +1870-1873, and the Slave Trade Act 1873. _Extradition Act_ 1870:--(1) +Murder; (2) Attempt to murder; (3) Conspiracy to murder; (4) +Manslaughter; (5) Counterfeiting and altering money, uttering +counterfeit or altered money; (6) Forgery, counterfeiting, and altering +and uttering what is forged or counterfeited or altered; (7) +Embezzlement and larceny; (8) Obtaining money or goods by false +pretences; (9) Crimes by bankrupts against bankruptcy law; (10) Fraud by +a bailee, banker, agent, factor, trustee or director, or member or +public officer of any company made criminal by any law for the time +being in force; (11) Rape; (12) Abduction; (13) Child-stealing; (14) +Burglary and housebreaking; (15) Arson; (16) Robbery with violence; (17) +Threats by letter or otherwise with intent to extort; (18) Crimes +committed at sea: (a) Piracy by the law of nations; (b) Sinking or +destroying a vessel at sea, or attempting or conspiring to do so; (c) +Assault on a ship on the high seas, with intent to destroy life or to do +grievous bodily harm; (d) Revolt, or conspiring to revolt, by two or +more persons on board a ship on the high seas against the authority of +the master; (19) Bribery. _Extradition Act_ 1873:-(20) Kidnapping and +false imprisonment; (21) Perjury and subornation of perjury. This act +also extends to indictable offences under 24 & 25 Vict. cc. 96, 97, 98, +99, 100, and amending and substituted acts. Among such offences included +in various extradition treaties are the following:--(22) Obtaining +valuable securities by false pretences; (23) Receiving any money, +valuable security or other property, knowing the same to have been +stolen or unlawfully obtained; (24) Falsification of accounts (see _In +re Arton_, 1896, 1 Q.B. 509); (25) Malicious injury to property, if such +offence be indictable;. (26) Knowingly making, without lawful authority, +any instrument, tool or engine adapted and intended for the +counterfeiting of coin of the realm; (27) Abandoning children; exposing +or unlawfully detaining them; (28) Any malicious act done with intent to +endanger the safety of any person in a railway train; (29) Wounding or +inflicting grievous bodily harm; (30) Assault occasioning actual bodily +harm; (31) Assaulting a magistrate or peace or public officer; (32) +Indecent assault; (33) Unlawful carnal knowledge, or any attempt to have +unlawful carnal knowledge, of a girl under age; (34) Bigamy; (35) +Administering drugs or using instruments with intent to procure the +miscarriage of women; (36) Any indictable offence under the laws for the +time being in force in relation to bankruptcy. _Slave Trade Act_ 1873 +(36 & 37 Vict. c. 88, s. 27):--(37) Dealing in slaves in such manner as +to constitute a criminal offence against the laws of both states. + +The United Kingdom has extradition treaties with practically all +civilized foreign countries; and though it is not practicable to state +which of the statutory extradition offences are included in each, it may +be said generally that crimes 1 to 17 inclusive are covered in all, +though Rumania has reserved the right to refuse, and Portugal does +refuse, to surrender for a crime punishable with death. + +The act of 1873 provides for the surrender of accessories before and +after the fact to extradition crimes, and most of the treaties contain a +clause by which extradition is to be granted for participation in any of +the crimes specified in the treaty, provided that such participation is +punishable by the laws of both countries. Several of the treaties also +contain clauses, providing for optional surrender in respect of any +crime not expressly mentioned for which extradition can be granted by +the laws of both countries. + +It is further to be noted that the restrictions on surrender in the +Extradition Acts apply only to surrenders by Great Britain. Foreign +countries may surrender fugitives to Great Britain without any treaty, +if they are willing to do so and their law allows of it, and such +surrenders have not infrequently been made. But when surrendered for an +extradition crime, the prisoner cannot be tried in England for any other +crime committed before such surrender, until he has been restored, or +has had an opportunity of returning, to the foreign state from which he +was extradited. + +_Procedure._--To obtain from a foreign country the extradition of a +fugitive from the United Kingdom, it is necessary to procure a warrant +for his arrest, and to send it, or a certified copy, to the home +secretary together with such further evidence as is required by the +treaty with the country in question. In most, cases an information or +deposition containing evidence which would justify a committal for trial +in Great Britain will be required. The home secretary will then +communicate through the foreign secretary and the proper diplomatic +channels with the foreign authorities, and in case of urgency will ask +them by telegraph for a provisional arrest. For the arrest in the United +Kingdom of fugitive criminals whose extradition is requested by a +foreign state, two procedures are provided in ss. 7 and 8 of the act of +1870:--(1) On a diplomatic requisition supported by the warrant of +arrest and documentary evidence, the home secretary, if he thinks the +crime is not of a political character, will order the chief magistrate +at Bow Street to proceed; and such magistrate will then issue a warrant +of arrest on such evidence as would be required if the offence had been +committed in the United Kingdom. (2) More summarily, any magistrate or +justice of the peace may issue a provisional warrant of arrest on +evidence which would support such a warrant if the crime had been +committed within his jurisdiction. In practice a sworn information is +required, but this may be based on a telegram from the foreign +authorities. The magistrate or justice must then report the issue of the +warrant to the home secretary, who may cancel it and discharge the +prisoner. When arrested on the provisional warrant, the prisoner will be +brought up before a magistrate and remanded to Bow Street, and will then +be further remanded until the magistrate at Bow Street is notified that +a formal requisition for surrender has been made; and unless such +requisition is made in reasonable time the prisoner is entitled to be +discharged. The examination of the prisoner prior to his committal for +extradition ordinarily takes place at Bow Street. The magistrate is +required to hear evidence that the alleged offence is of a political +character or is not an extradition crime. If satisfied in these +respects, and if the foreign warrant of arrest is duly authenticated, +and evidence is given which according to English law would justify a +committal for trial, if the prisoner has not yet been tried, or would +prove a conviction if he has already been convicted, the magistrate will +commit him for extradition. Under the Extradition Act, 1895 the home +secretary, if of opinion that removal to Bow Street would be dangerous +to the prisoner's life, or prejudicial to his health, may order the case +to be taken by a magistrate at the place where the prisoner was +apprehended, or then is, and the magistrate may order the prisoner to +be detained in such place. After committal for extradition, every +prisoner has fifteen days in which to apply for _habeas corpus_, and +after such period, or at the close of the _habeas corpus_ proceedings if +they are unsuccessful, the home secretary issues his warrant for +surrender, and the prisoner is handed over to the officers of the +foreign government. + +The Extradition Acts apply to the British colonies, the governor being +substituted for the secretary of state. Their operation may, however, be +suspended by order in council, as in the case of Canada, where the +colony has passed an Extradition Act of its own (see Statutory Rules and +Orders). + +_Fugitive Offenders Act._--There are no extradition treaties with +certain countries in which the crown exercises foreign jurisdiction, +such as Cyprus, Turkey, Egypt, China, Japan, Corea, Zanzibar, Morocco, +Siam, Persia, Somali, &c. In these countries the Fugitive Offenders Act +1881 (44 & 45 Vict. c. 69) has been applied, pursuant to s. 36 of that +statute, and the measures for obtaining surrender of a fugitive criminal +are the same as in a British colony. The act, however, only applies to +persons over whom the crown has jurisdiction in these territories, and +generally is expressly restricted to British subjects. + +Under this act a fugitive from one part of the king's dominions to +another, or to a country where the crown exercises foreign jurisdiction, +may be brought back by a procedure analogous to extradition, but +applicable only to treason, piracy and offences punishable with twelve +months' imprisonment with hard labour or more. The original warrant of +arrest must be endorsed by one of several authorities where the +offenders happen to be,--in practice by the home secretary in the United +Kingdom and by the governor in a colony. Pending the arrival of the +original warrant a provisional arrest may be made, as under the +Extradition Acts. The fugitive must then be brought up for examination +before a local magistrate, who, if the endorsed warrant is duly +authenticated, and evidence is produced "which, according to the law +administered by the magistrate, raises a strong or probable presumption +that the offender committed the offence, and that the act applies to +it," may commit him for return. An interval of fifteen days is allowed +for _habeas corpus_ proceedings, and (s. 10) the court has a large +discretion to discharge the prisoner, or impose terms, if it thinks the +case frivolous, or that the return would be unjust or oppressive, or too +severe a punishment. The next step is for the home secretary in the +United Kingdom, and the governor in a colony, to issue a warrant for the +return of the prisoner. He must be removed within a month, in the +absence of reasonable cause to the contrary. If not prosecuted within +six months after arrival, or if acquitted, he is entitled to be sent +back free of cost. + +In the case of fugitive offenders from one part of the United Kingdom to +another, it is enough to get the warrant of arrest backed by a +magistrate having jurisdiction in that part of the United Kingdom where +the offender happens to be. A warrant issued by a metropolitan police +magistrate may be executed, without backing, by a metropolitan police +officer anywhere, and there are certain other exceptions, but as a rule +a warrant cannot be executed without being backed by a local magistrate. + (J. E. P. W.) + +2. UNITED STATES.--Foreign extradition is purely an affair of the United +States, and not for the individual states themselves. Upon a demand upon +the United States for extradition, there is a preliminary examination +before a commissioner or judge before there can be a surrender to the +foreign government (Revised Statutes, Title LXVI.; 22 Statutes at Large, +215). It is enough to show probable guilt (_Ornelas_ v. _Ruiz_, 161 +United States Reports, 502). An extradition treaty covers crimes +previously committed. If a Power, with which the United States have such +a treaty, surrenders a fugitive charged with a crime not included in the +treaty, he may be tried in the United States for such crime. Inter-state +extradition is regulated by act of Congress under the Constitution of +the United States (Article IV. s. 2; United States Revised Statutes, s. +5278). A surrender may be demanded of one properly charged with an act +which constitutes a crime under the laws of the demanding state, +although it be no crime in the other state. A party improperly +surrendered may be released by writ of _habeas corpus_, either from a +state or United States court (_Robb_ v. _Conolly_, 111 U.S. Reports, +624). On his return to the state from which he fled, he is subject to +prosecution for any crime, though on a foreign extradition the law is +otherwise (_Lascelles_ v. _Georgia_, 148 U.S. Reports, 537). + (S. E. B.). + + See Sir E. Clarke, _Treatise upon the Law of Extradition_ (4th ed., + 1904); Biron and Chalmers, _Law and Practice of Extradition_ (1903). + + + + +EXTRADOS (_extra_, outside, Fr. _dos_, back), the architectural term for +the outer boundary of the voussoirs of an arch (q.v.). + + + + +EXTREME UNCTION, a sacrament of the Roman Catholic Church. In James v. +14 it is ordained that, if any believer is sick, he shall call for the +elders of the church; and they shall pray over him, anointing him with +oil in the name of the Lord; and the prayer of faith shall save him that +is sick, and the Lord shall raise him up; and if he have committed sins, +it shall be forgiven him. + +Origen reprobated medical art on the ground that the prescription here +cited is enough; modern faith-healers and Peculiar People have followed +in his wake. The Catholic Church has more wisely left physicians in +possession, and elevated the anointing of the sick into a sacrament to +be used only in cases of mortal sickness, and even then not to the +exclusion of the healing art. + +It has been general since the 9th century. The council of Florence A.D. +1439 thus defined it:-- + + "The fifth sacrament is extreme unction. Its matter is olive oil, + blessed by a bishop. It shall not be given except to a sick person + whose death is apprehended. He shall be anointed in the following + places: the eyes, ears, nostrils, mouth, hands, feet, reins. The form + of the sacrament, is this: Through this anointing of thee and through + its most pious mercy, be forgiven all thy sins of sight, &c. ... and + so in respect of the other organs. A priest can administer this + sacrament. But its effect is to make whole the mind, and, so far as it + is expedient, the body as well." + +This sacrament supplements that of penance (viz. remission of +post-baptismal sin) in the sense that any guilt unconfessed or left over +after normal penances imposed by confessors is purged thereby. It was +discussed in the 12th century whether this sacrament is indelible like +baptism, or whether it can be repeated; and the latter view, that of +Peter Lombard, prevailed. + +It was a popular opinion in the middle ages that extreme unction +extinguishes all ties and links with this world, so that he who has +received it must, if he recovers, renounce the eating of flesh and +matrimonial relations. A few peasants of Lombardy still believe that one +who has received extreme unction ought to be left to die, and that sick +people may be starved to death through the withholding of food on +superstitious grounds. Such opinions, combated by bishops and councils, +were due to the influence of the _consolamentum_ of the Cathars (q.v.). +In both sacraments the death-bed baptism of an earlier age seems to +survive, and they both fulfil a deep-seated need of the human spirit. + +Some Gnostics sprinkled the heads of the dying with oil and water to +render them invisible to the powers of darkness; but in the East +generally, where the need to compete with the Cathar sacrament of +_Consolatio_ was less acutely felt, extreme unction is unknown. The +Latinizing Armenians adopted it from Rome in the crusading epoch. At an +earlier date, however, it was usual to anoint the dead. + +In the Roman Church the bishop blesses the oil of the sick used in +extreme unctions on Holy Thursday at the Chrismal Mass,[1] using the +following prayer of the sacramentaries of Gelasius and Hadrian:-- + + "Send forth, we pray Thee, O Lord, Thy holy spirit, the Paraclete from + Heaven, into this fatness of oil, which Thou hast deigned to produce + from the green wood for refreshment of mind and body; and through Thy + holy benediction may it be for all that anoint, taste, touch, a + protection of mind and body, of soul and spirit, unto the easing away + of all pain, all weakness, all sickness of mind and body; wherefore + Thou hast anointed priest, kings and prophets and martyrs with thy + chrism, perfected by Thee, O Lord, blessed and abiding in our bowels + in the name of our Lord Jesus Christ." + + See L. Duchesne, _Origines du Culte Chretien_ (Paris, 1898). + (F. C. C.) + + +FOOTNOTE: + + [1] The oil left over from the year before is burnt. + + + + +EYBESCHUTZ, JONATHAN (1690-1764), German rabbi, was from 1750 rabbi in +Altona. He was a man of erudition, but he owed his fame chiefly to his +personality. Few men of the period so profoundly impressed their mark on +Jewish life. He became specially notorious because of a curious +controversy that arose concerning the amulets which Eybeschutz was +suspected of issuing. These amulets recognized the Messianic claims of +Sabbatai Sebi (q.v.), and a famous rabbinic contemporary of Eybeschutz, +Jacob Emden, boldly accused him of heresy. The controversy was a +momentous incident in the Jewish life of the period, and though there is +insufficient evidence against Eybeschutz, Emden may be credited with +having crushed the lingering belief in Sabbatai current even in some +orthodox circles. (I. A.) + + + + +EYCK, VAN, the name of a family of Flemish painters in whose works the +rise and mature development of art in western Flanders are represented. +Though bred in the valley of the Meuse, they finally established their +professional domicile in Ghent and in Bruges; and there, by skill and +inventive genius, they changed the traditional habits of the earlier +schools, remodelled the primitive forms of Flemish design, and +introduced a complete revolution into the technical methods of execution +familiar to their countrymen. + +1. HUBERT (Huybrecht) VAN EYCK (? 1366-1426) was the oldest and most +remarkable of this race of artists. The date of his birth and the +records of his progress are lost amidst the ruins of the earlier +civilization of the valley of the Meuse. He was born about 1366, at +Maeseyck, under the shelter or protection of a Benedictine convent, in +which art and letters had been cultivated from the beginning of the 8th +century. But after a long series of wars--when the country became +insecure, and the schools which had flourished in the towns decayed--he +wandered to Flanders, and there for the first time gained a name. As +court painter to the hereditary prince of Burgundy, and as client to one +of the richest of the Ghent patricians, Hubert is celebrated. Here, in +middle age, between 1410 and 1420, he signalized himself as the inventor +of a new method of painting. Here he lived in the pay of Philip of +Charolais till 1421. Here he painted pictures for the corporation, whose +chief magistrates honoured him with a state visit in 1424. His principal +masterpiece, the "Worship of the Lamb," commissioned by Jodocus Vijdts, +lord of Pamele, is the noblest creation of the Flemish school, a piece +of which we possess all the parts dispersed from St Bavon in Ghent to +the galleries of Brussels and Berlin,--one upon which Hubert laboured +till he died, leaving it to be completed by his brother. Almost unique +as an illustration of contemporary feeling for Christian art, this great +composition can only be matched by the "Fount of Salvation," in the +museum of Madrid. It represents, on numerous panels, Christ on the +judgment seat, with the Virgin and St John the Baptist at His sides, +hearing the songs of the angels, and contemplated by Adam and Eve, and, +beneath him, the Lamb shedding His blood in the presence of angels, +apostles, prophets, martyrs, knights and hermits. On the outer sides of +the panels are the Virgin and the angel annunciate, the sibyls and +prophets who foretold the coming of the Lord, and the donors in prayer +at the feet of the Baptist and Evangelist. After this great work was +finished it was placed, in 1432, on an altar in St Bavon of Ghent, with +an inscription on the framework describing Hubert as "maior quo nemo +repertus," and setting forth, in colours as imperishable as the picture +itself, that Hubert began and John afterwards brought it to perfection. +John van Eyck certainly wished to guard against an error which +ill-informed posterity showed itself but too prone to foster, the error +that he alone had composed and carried out an altarpiece executed +jointly by Hubert and himself. His contemporaries may be credited with +full knowledge of the truth in this respect, and the facts were equally +well known to the duke of Burgundy or the chiefs of the corporation of +Bruges, who visited the painter's house in state in 1432, and the +members of the chamber of rhetoric at Ghent, who reproduced the Agnus +Dei as a _tableau vivant_ in 1456. Yet a later generation of Flemings +forgot the claims of Hubert, and gave the honours that were his due to +his brother John exclusively. + +The solemn grandeur of church art in the 15th century never found, out +of Italy, a nobler exponent than Hubert van Eyck. His representation of +Christ as the judge, between the Virgin and St John, affords a fine +display of realistic truth, combined with pure drawing and gorgeous +colour, and a happy union of earnestness and simplicity with the deepest +religious feeling. In contrast with earlier productions of the Flemish +school, it shows a singular depth of tone and great richness of detail. +Finished with surprising skill, it is executed with the new oil medium, +of which Hubert shared the invention with his brother, but of which no +rival artists at the time possessed the secret,--a medium which consists +of subtle mixtures of oil and varnish applied to the moistening of +pigments after a fashion, only kept secret for a time from gildsmen of +neighbouring cities, but unrevealed to the Italians till near the close +of the 15th century. When Hubert died on the 18th of September 1426 he +was buried in the chapel on the altar of which his masterpiece was +placed. According to a tradition as old as the 16th century, his arm was +preserved as a relic in a casket above the portal of St Bavon of Ghent. +During a life of much apparent activity and surprising successes he +taught the elements of his art to his brother John, who survived him. + +2. JOHN (Jan) VAN EYCK (? 1385-1440). The date of his birth is not more +accurately known than that of his elder brother, but he was born much +later than Hubert, who took charge of him and made him his "disciple." +Under this tuition John learnt to draw and paint, and mastered the +properties of colours from Pliny. Later on, Hubert admitted him into +partnership, and both were made court painters to Philip of Charolais. +After the breaking up of the prince's household in 1421, John became his +own master, left the workshop of Hubert, and took an engagement as +painter to John of Bavaria, at that time resident at the Hague as count +of Holland. From the Hague he returned in 1424 to take service with +Philip, now duke of Burgundy, at a salary of 100 livres per annum, and +from that time till his death John van Eyck remained the faithful +servant of his prince, who never treated him otherwise than graciously. +He was frequently employed in missions of trust; and following the +fortunes of a chief who was always in the saddle, he appears for a time +to have been in ceaseless motion, receiving extra pay for secret +services at Leiden, drawing his salary at Bruges, yet settled in a fixed +abode at Lille. In 1428 he joined the embassy sent by Philip the Good to +Lisbon to beg the hand of Isabella of Portugal. His portrait of the +bride fixed the duke's choice. After his return he settled finally at +Bruges, where he married, and his wife bore him a daughter, known in +after years as a nun in the convent of Maeseyck. At the christening of +this child the duke was sponsor, and this was but one, of many +distinctions by which Philip the Good rewarded his painter's merits. +Numerous altarpieces and portraits now give proof of van Eyck's +extensive practice. As finished works of art and models of conscientious +labour they are all worthy of the name they bear, though not of equal +excellence, none being better than those which were completed about +1432. Of an earlier period, a "Consecration of Thomas a Becket" has been +preserved, and may now be seen at Chatsworth, bearing the date of 1421; +no doubt this picture would give a fair representation of van Eyck's +talents at the moment when he started as an independent master, but that +time and accidents of omission and commission have altered its state to +such an extent that no conclusive opinion can be formed respecting it. +The panels of the "Worship of the Lamb" were completed nine years later. +They show that John van Eyck was quite able to work in the spirit of his +brother. He had not only the lines of Hubert's compositions to guide +him, he had also those parts to look at and to study which Hubert had +finished. He continued the work with almost as much vigour as his +master. His own experience had been increased by travel, and he had seen +the finest varieties of landscape in Portugal and the Spanish provinces. +This enabled him to transfer to his pictures the charming scenery of +lands more sunny than those of Flanders, and this he did with accuracy +and not without poetic feeling. We may ascribe much of the success which +attended his efforts to complete the altarpiece of Ghent to the +cleverness with which he [reproduced the varied aspect of changing +scenery, reminiscent here of the orange groves of Cintra, there of the +bluffs and crags of his native valley. In all these backgrounds, though +we miss the scientific rules of perspective with which the van Eycks +were not familiar, we find such delicate perceptions of gradations in +tone, such atmosphere, yet such minuteness and perfection of finish, +that our admiration never flags. Nor is the colour less brilliant or the +touch less firm than in Hubert's panels. John only differs from his +brother in being less masculine and less sternly religious. He excels in +two splendid likenesses of Jodocus Vijdts and his wife Catherine +Burluuts. The same vigorous style and coloured key of harmony +characterizes the small "Virgin and Child" of 1432 at Ince, and the +"Madonna," probably of the same date, at the Louvre, executed for +Rollin, chancellor of Burgundy. Contemporary with these, the male +portraits in the National Gallery, and the "Man with the Pinks," in the +Berlin Museum (1432-1434), show no relaxation of power; but later +creations display no further progress, unless we accept as progress a +more searching delicacy of finish, counterbalanced by an excessive +softness of rounding in flesh contours. An unfaltering minuteness of +hand and great tenderness of treatment may be found, combined with +angularity of drapery and some awkwardness of attitude in the full +length portrait couple (John Arnolfini and his wife) at the National +Gallery (1434), in which a rare insight into the detail of animal nature +is revealed in a study of a terrier dog. A "Madonna with Saints," at +Dresden, equally soft and minute, charms us by the mastery with which an +architectural background is put in. The bold and energetic striving of +earlier days, the strong bright tone, are not equalled by the soft +blending and tender tints of the later ones. Sometimes a crude ruddiness +in flesh strikes us as a growing defect, an instance of which is the +picture in the museum of Bruges, in which Canon van der Paelen is +represented kneeling before the Virgin under the protection of St George +(1434). From first to last van Eyck retains his ability in portraiture. +Fine specimens are the two male likenesses in the gallery of Vienna +(1436), and a female, the master's wife, in the gallery of Bruges +(1439). His death in 1440/41 at Bruges is authentically recorded. He was +buried in St Donat. Like many great artists he formed but few pupils. +Hubert's disciple, Jodocus of Ghent, hardly does honour to his master's +teaching, and only acquires importance after he has thrown off some of +the peculiarities of Flemish teaching. Petrus Cristus, who was taught by +John, remains immeasurably behind him in everything that relates to art. +But if the personal influence of the van Eycks was small, that of their +works was immense, and it is not too much to say that their example, +taken in conjunction with that of van der Weyden, determined the current +and practice of painting throughout the whole of Europe north of the +Alps for nearly a century. + + See also Waagen, _Hubert and Johann van Eyck_ (1822); Voll, _Werke des + Jan van Eyck_ (1900); L. Kammerer on the two families in Knackfuss's + _Kunstler-Monographien_ (1898). (J. A. C.) + + + + +EYE, a market-town and municipal borough in the Eye parliamentary +division of Suffolk; England; 94-1/2 m. N.E. from London by the Great +Eastern railway, the terminus of a branch from the Ipswich-Norwich line. +Pop. (1901) 2004. The church of St Peter and St Paul is mainly of +Perpendicular flint work, with Early English portions and a fine +Perpendicular rood screen. It was formerly attached to a Benedictine +priory. Slight fragments of a Norman castle crown a mound of probably +earlier construction. There are a town hall, corn exchange, and grammar +school founded in 1566. Brewing is the chief industry. The town is +governed by a mayor, 4 aldermen and 12 councillors. Area, 4410 acres. + +Eye (_Heya_, _Aye_) was once surrounded by a stream, from which it is +said to have derived its name. Leland says it was situated in a marsh +and had formerly been accessible by river vessels from Cromer, though +the river was then only navigable to Burston, 12 m. from Eye. From the +discovery of numerous bones and Roman urns and coins it has been thought +that the place was once the cemetery of a Roman camp. William I. gave +the lordship of Eye to Robert Malet, a Norman, who built a castle and a +Benedictine monastery which was at first subordinate to the abbey of +Bernay in Normandy. Eye is a borough by prescription. In 1205 King John +granted to the townsmen a charter freeing them from various tolls and +customs and from the jurisdiction of the shire and hundred courts. Later +charters were granted by Elizabeth in 1558 and 1574, by James I. in +1604, and by William III. in 1697. In 1574 the borough was newly +incorporated under two bailiffs, ten chief and twenty-four inferior +burgesses, and an annual fair on Whit-Monday and a market on Saturday +were granted. Two members were returned to each parliament from 1571 +till 1832, when the Reform Act reduced the membership to one. By the +Redistribution Act of 1885 the representation was merged in the Eye +division of the county. The making of pillow-lace was formerly carried +on extensively, but practically ceased with the introduction of +machinery. + + + + +EYE (O. Eng. _eage_, Ger. _Auge_); derived from an Indo-European root +also seen in Lat. _oc-ulus_, the organ of vision (q.v.). + +ANATOMY.--The eye consists of the eyeball, which is the true organ of +sight, as well as of certain muscles which move it, and of the lachrymal +apparatus which keeps the front of it in a moist condition. The +_eyeball_ is contained in the front of the orbit and is a sphere of +about an inch (24 mm.) in diameter. From the front of this a segment of +a lesser sphere projects slightly and forms the _cornea_ (fig. 1, co). +There are three coats to the eyeball, an external (protective), a middle +(vascular), and an internal (sensory). There are also three refracting +media, the aqueous humour, the lens and the vitreous humour or body. + +[Illustration: FIG. 1.--Diagrammatic Section through the Eyeball. + + cj, Conjunctiva. L, Lens. + co, Cornea. V, Vitreous body. + Sc, Sclerotic. Z, Zonule of Zinn, the ciliary + ch, Choroid. process being removed to + pc, Ciliary processes. show it. + mc, Ciliary muscle. p, Canal of Petit. + O, Optic nerve. m, Yellow spot. + R, Retina The dotted line behind the + I, Iris. cornea represents its posterior + aq, Anterior chamber of epithelium.] + aqueous humour. + +The protective coat consists of the _sclerotic_ in the posterior +five-sixths and the cornea in the anterior sixth. The sclerotic (fig. 1, +Sc) is a firm fibrous coat, forming the "white of the eye," which +posteriorly is pierced by the optic nerve and blends with the sheath of +that nerve, while anteriorly it is continued into the cornea at the +_corneo-scleral junction_. At this point a small canal, known as the +_canal of Schlemm_, runs round the margin of the cornea in the substance +of the sclerotic (see fig. 1). Between the sclerotic and the subjacent +choroid coat is a lymph space traversed by some loose pigmented +connective tissue,--the _lamina fusca_. The cornea is quite continuous +with the sclerotic but has a greater convexity. Under the microscope it +is seen to consist of five layers. Most anteriorly there is a layer of +stratified epithelium, then an anterior elastic layer, then the +_substantia propria_ of the cornea which is fibrous with spaces in which +the stellate _corneal corpuscles_ lie, while behind this is the +posterior elastic layer and then a delicate layer of endothelium. The +transparency of the cornea is due to the fact that all these structures +have the same refractive index. + +The middle or vascular coat of the eye consists of the _choroid_, the +_ciliary processes_ and the _iris_. The choroid (fig. 1, ch) does not +come quite as far forward as the corneo-scleral junction: it is composed +of numerous blood-vessels and pigment cells bound together by connective +tissue and, superficially, is lined by a delicate layer of pigmented +connective tissue called the _lamina suprachoroidea_ in contact with the +already-mentioned perichoroidal lymph space. On the deep surface of the +choroid is a structureless basal lamina. + +The _ciliary processes_ are some seventy triangular ridges, radially +arranged, with their apices pointing backward (fig. 1, pc), while their +bases are level with the corneo-scleral junction. They are as vascular +as the rest of the choroid, and contain in their interior the _ciliary +muscle_, which consists of radiating and circular fibres. The radiating +fibres (fig. 1, mc) rise, close to the canal of Schlemm, from the margin +of the posterior elastic lamina of the cornea, and pass backward and +outward into the ciliary processes and anterior part of the choroid, +which they pull forward when they contract. The circular fibres lie just +internal to these and are few or wanting in short-sighted people. + +The _iris_ (fig. 1, I) is the coloured diaphragm of the eye, the centre +of which is pierced to form the pupil; it is composed of a connective +tissue stroma containing blood-vessels, pigment cells and muscle fibres. +In front of it is a reflection of the same layer of endothelium which +lines the back of the cornea, while behind both it and the ciliary +processes is a double layer of epithelium, deeply pigmented, which +really belongs to the retina. The pigment in the substance of the iris +is variously coloured in different individuals, and is often deposited +after birth, so that, in newly-born European children, the colour of the +eyes is often slate-blue owing to the black pigment at the back of the +iris showing through. White, yellow or reddish-brown pigment is +deposited later in the substance of the iris, causing the appearance, +with the black pigment behind, of grey, hazel or brown eyes. In +blue-eyed people very little interstitial pigment is formed, while in +Albinos the posterior pigment is also absent and the blood vessels give +the pink coloration. The muscle fibres of the iris are described as +circular and radiating, though it is still uncertain whether the latter +are really muscular rather than elastic. On to the front of the iris, at +its margin, the posterior layer of the posterior elastic lamina is +continued as a series of ridges called the _ligamentum pectinatum +iridis_, while between these ridges are depressions known as the _spaces +of Fontana_. + +The inner or sensory layer of the wall of the eyeball is the _retina_; +it is a delicate transparent membrane which becomes thinner as the front +of the eye is approached. A short distance behind the ciliary processes +the nervous part of it stops and forms a scalloped border called the +_ora serrata_, but the pigmented layer is continued on behind the +ciliary processes and iris, as has been mentioned, and is known as the +_pars ciliaris retinae_ and _pars iridica retinae_. Under the microscope +the posterior part of the retina is seen to consist of eight layers. In +its passage from the lens and vitreous the light reaches these layers in +the following order:--(1) Layer of nerve fibres; (2) Layer of ganglion +cells; (3) Inner molecular layer; (4) Inner nuclear layer; (5) Outer +molecular layer; (6) Outer nuclear layer; (7) Layer of rods and cones; +(8) Pigmented layer. + + The layer of nerve fibres (fig. 2, 2) is composed of the + axis-cylinders only of the fibres of the optic nerve which pierce the + sclerotic, choroid and all the succeeding layers of the retina to + radiate over its surface. + + The ganglionic layer (fig. 2, 3) consists of a single stratum of large + ganglion cells, each of which is continuous with a fibre of the + preceding layer which forms its axon. Each also gives off a number of + finer processes (dendrites) which arborize in the next layer. + + The inner molecular layer (fig. 2, 4) is formed by the interlacement + of the dendrites of the last layer with those of the cells of the + inner nuclear layer which comes next. + + The inner nuclear layer (fig. 2, 5) contains three different kinds of + cells, but the most important and numerous are large bipolar cells, + which send one process into the inner molecular layer, as has just + been mentioned, and the other into the outer molecular layer, where + they arborize with the ends of the rod and cone fibres. + + The outer molecular layer (fig. 2, 6) is very narrow and is formed by + the arborizations just described. The outer nuclear layer (fig. 2, 7), + like the inner, consists of oval cells, which are of two kinds. The + rod granules are transversely striped, and are connected externally + with the rods, while internally processes pass into the outer + molecular layer to end in a knob around which the arborizations of the + inner nuclear cells lie. The cone granules are situated more + externally, and are in close contact with the cones; internally their + processes form a foot-plate in the outer molecular layer from which + arborizations extend. + + The layer of rods and cones (fig. 2, 9) contains these structures, the + rods being more numerous than the cones. The rods are spindle-shaped + bodies, of which the inner segment is thicker than the outer. The + cones are thicker and shorter than the rods, and resemble Indian + clubs, the handles of which are directed outward and are transversely + striped. In the outer part of the rods the visual purple or rhodopsin + is found. + + The pigmented layer consists of a single layer of hexagonal cells + containing pigment, which is capable of moving towards the rods and + cones when the eye is exposed to light and away from them in the dark. + +[Illustration: FIG. 2.--Diagrammatic section through the retina to show +the several layers, which are numbered as in the text. Ct, The radial +fibres of the supporting connective tissue.] + +Supporting the delicate nervous structures of the retina are a series of +connective tissue rods known as the _fibres of Muller_ (fig. 2, Ct); +these run through the thickness of the retina at right angles to its +surface, and are joined together on the inner side of the layer of nerve +fibres to form the _inner limiting membrane_. More externally, at the +bases of the rods and cones, they unite again to form the outer limiting +membrane. + +When the retina is looked at with the naked eye from in front two small +marks are seen on it. One of these is an oval depression about 3 mm. +across, which, owing to the presence of pigment, is of a yellow colour +and is known as the yellow spot (_macula lutea_); it is situated +directly in the antero-posterior axis of the eyeball, and at its margin +the nerve fibre layer is thinned and the ganglionic layer thickened. At +its centre, however, both these layers are wanting, and in the layer of +rods and cones only the cones are present. This central part is called +the _fovea centralis_ and is the point of acutest vision. The second +mark is situated a little below and to the inner side of the yellow +spot; it is a circular disk with raised margins and a depressed centre +and is called the _optic disk_; in structure it is a complete contrast +to the yellow spot, for all the layers except that of the nerve fibres +are wanting, and consequently, as light cannot be appreciated here, it +is known as the "blind spot." It marks the point of entry of the optic +nerve, and at its centre the retinal artery appears and divides into +branches. An appreciation of the condition of the optic disk is one of +the chief objects of the ophthalmoscope. + +The _crystalline lens_ (fig. 1, L) with its ligament separates the +aqueous from the vitreous chamber of the eye; it is a biconvex lens the +posterior surface of which is more curved than the anterior. Radiating +from the anterior and posterior poles are three faint lines forming a Y, +the posterior Y being erect and the anterior inverted. Running from +these figures are a series of lamellae, like the layers of an onion, +each of which is made up of a number of fibrils called the lens fibres. +On the anterior surface of the lens is a layer of epithelial cells, +which, towards the margin or equator, gradually elongate into lens +fibres. The whole lens is enclosed in an elastic structureless membrane, +and, like the cornea, its transparency is due to the fact that all its +constituents have the same refractive index. + +The ligament of the lens is the thickened anterior part of the hyaloid +membrane which surrounds the vitreous body; it is closely connected to +the iris at the ora serrata, and then splits into two layers, of which +the anterior is the thicker and blends with the anterior part of the +elastic capsule of the lens, so that, when its attachment to the ora +serrata is drawn forward by the ciliary muscle, the lens, by its own +elasticity, increases its convexity. Between the anterior and posterior +splitting of the hyaloid membrane is a circular lymph space surrounding +the margin of the lens known as the _canal of Petit_ (fig. 1, p). + +The _aqueous humour_ (fig. 1, aq) is contained between the lens and its +ligament posteriorly and the cornea anteriorly. It is practically a very +weak solution of common salt (chloride of sodium 1.4%). The space +containing it is imperfectly divided into a large anterior and a small +posterior chamber by a perforated diaphragm--the iris. + +The _vitreous body_ or _humour_ is a jelly which fills all the contents +of the eyeball behind the lens. It is surrounded by the hyaloid +membrane, already noticed, and anteriorly is concave for the reception +of the lens. + +From the centre of the optic disk to the posterior pole of the lens a +lymph canal formed by a tube of the hyaloid membrane stretches through +the centre of the vitreous body; this is the _canal of Stilling_, which +in the embryo transmitted the hyaloid artery to the lens. The +composition of the vitreous is practically the same as that of the +aqueous humour. + +The _arteries of the eyeball_ are all derived from the ophthalmic branch +of the internal carotid, and consist of the retinal which enters the +optic nerve far back in the orbit, the two long ciliaries, which run +forward in the choroid and join the anterior ciliaries, from muscular +branches of the ophthalmic, in the circulus iridis major round the +margin of the iris, and the six to twelve short ciliaries which pierce +the sclerotic round the optic nerve and supply the choroid and ciliary +processes. + +The _veins of the eyeball_ emerge as four or five trunks rather behind +the equator; these are called from their appearance _venae vorticosae_, +and open into the superior ophthalmic vein. In addition to these there +is a retinal vein which accompanies its artery. + +_Accessory Structures of the Eye._--The _eyelids_ are composed of the +following structures from in front backward: (1) Skin; (2) Superficial +fascia; (3) Orbicularis palpebrarum muscle; (4) _Tarsal plates_ of +fibrous tissue attached to the orbital margin by the superior and +inferior _palpebral ligaments_, and, at the junction of the eyelids, by +the external and internal _tarsal ligaments_ of which the latter is also +known as the _tendo oculi_; (5) _Meibomian glands_, which are large +modified sebaceous glands lubricating the edges of the lids and +preventing them adhering, and _Glands of Moll_, large sweat glands +which, when inflamed, cause a "sty"; (6) the _conjunctiva_, a layer of +mucous membrane which lines the back of the eyelids and is reflected on +to the front of the globe, the reflection forming the fornix: on the +front of the cornea the conjunctiva is continuous with the layer of +epithelial cells already mentioned. + +The _lachrymal_ gland is found in the upper and outer part of the front +of the orbit. It is about the size of an almond and has an upper +(orbital) and a lower (palpebral) part. Its six to twelve ducts open on +to the superior fornix of the conjunctiva. + +The _lachrymal canals_ (canaliculi) (see fig. 3, 2 and 3) are superior +and inferior, and open by minute orifices (puncta) on to the free +margins of the two eyelids near their inner point of junction. They +collect the tears, secreted by the lachrymal gland, which thus pass +right across the front of the eyeball, continually moistening the +conjunctiva. The two ducts are bent round a small pink tubercle called +the _caruncula lachrymalis_ (fig. 3, 4) at the inner angle of the +eyelids, and open into the _lachrymal sac_ (fig. 3, 5), which lies in a +groove in the lachrymal bone. The sac is continued down into the _nasal +duct_ (fig. 3, 6), which is about 3/4 inch long and opens into the +inferior meatus of the nose, its opening being guarded by a valve. + +[Illustration: FIG. 3.--Lachrymal Canals and Duct. + + 1, Orbicular muscle. 5, Lachrymal sac. + 2, Lachrymal canal. 6, Lachrymal duct. + 3, Punctum. 7, Angular artery. + 4, Caruncula.] + +The orbit contains seven muscles, six of which rise close to the optic +foramen. The _levator palpebrae superioris_ is the highest, and passes +forward to the superior tarsal plate and fornix of the conjunctiva. The +_superior_ and _inferior recti_ are inserted into the upper and lower +surfaces of the eyeball respectively; they make the eye look inward as +well as up or down. The external and internal recti are inserted into +the sides of the eyeball and make it look outward or inward. The +superior oblique runs forward to a pulley in the inner and front part of +the roof of the orbit, round which it turns to be inserted into the +outer and back part of the eyeball. It turns the glance downward and +outward. The inferior oblique rises from the inner and front part of the +floor of the orbit, and is also inserted into the outer and back part of +the eyeball. It directs the glance upward and outward. Of all these +muscles the superior oblique is supplied by the fourth cranial nerve, +the external rectus by the sixth and the rest by the third. + +The posterior part of the eyeball and the anterior parts of the muscles +are enveloped in a lymph space, known as the _capsule of Tenon_, which +assists their movements. + +[Illustration: + + FIG. 4. FIG. 5. + + Diagram of Developing Diagram of Developing + Eye (1st stage). Eye (2nd stage). + [alpha], Forebrain. [beta], Optic cup. + [beta], Optic vesicle. [delta], Invagination of lens. + [gamma], Superficial ectoderm. Other letters as in fig. 4.] + [delta], Thickening for lens. + +EMBRYOLOGY.--As is pointed out in the article BRAIN, the _optic +vesicles_ grow out from the fore-brain, and the part nearest the brain +becomes constricted and elongated to form the optic stalk (see figs. 4 +and 5, [beta]). At the same time the ectoderm covering the side of the +head thickens and becomes invaginated to form the lens vesicle (see +figs. 4 and 5, [delta]), which later loses its connexion with the +surface and approaches the optic vesicle, causing that structure to +become cupped for its reception, so that what was the optic vesicle +becomes the optic cup and consists of an external and an internal layer +of cells (fig. 6 [beta] and [delta]). Of these the outer cells become +the retinal pigment, while the inner form the other layers of the +retina. The invagination of the optic cup extends, as the _choroidal +fissure_ (not shown in the diagrams), along the lower and back part of +the optic stalk, and into this slit sinks some of the surrounding +mesoderm to form the vitreous body and the hyaloid arteries, one of +which persists.[1] When this has happened the fissure closes up. The +anterior epithelium of the lens vesicle remains, but from the posterior +the lens fibres are developed and these gradually fill up the cavity. +The superficial layer of head ectoderm, from which the lens has been +invaginated and separated, becomes the anterior epithelium of the +cornea (fig. 6, [epsilon]), and between it and the lens the mesoderm +sinks in to form the cornea, iris and anterior chamber of the eye, while +surrounding the optic cup the mesoderm forms the sclerotic and choroid +coats (fig. 7, [eta] and [zeta]). Up to the seventh month the pupil is +closed by the _membrana pupillaris_, derived from the capsule of the +lens which is part of the mesodermal ingrowth through the choroidal +fissure already mentioned. The hyaloid artery remains, as a prolongation +of the retinal artery to the lens, until just before birth, but after +that its sheath forms the canal of Stilling. Most of the fibres of the +optic nerve are centripetal and begin as the axons of the ganglionic +cells of the retina; a few, however, are centrifugal and come from the +nerve cells in the brain. + +[Illustration: FIG. 6. + + Diagram of Developing Eye (3rd stage). + + [delta], Solid lens. + [epsilon], Corneal epithelium. + Other letters as in figs. 4 and 5.] + +[Illustration: FIG. 7. + + Diagram of Developing Eye (4th stage). The mesodermal tissues are + dotted. + + [zeta], Choroid and Iris. + [eta], Sclerotic and Cornea. + [theta], Vitreous. + [epsilon], Aqueous. + [kappa], Eyelids.] + +The eyelids are developed as ectodermal folds, which blend with one +another about the third month and separate again before birth in Man +(fig. 7, [Greek: kappa]). The lachrymal sac and duct are formed from +solid ectodermal thickenings which later become canalized. + +It will thus be seen that the optic nerve and retina are formed from the +brain ectoderm; the lens, anterior epithelium of the cornea, skin of the +eyelids, conjunctiva and lachrymal apparatus from the superficial +ectoderm; while the sclerotic, choroid, vitreous and aqueous humours as +well as the iris and cornea are derived from the mesoderm. + + See _Human Embryology_, by C.S. Minot (New York); Quain's _Anatomy_, + vol. i. (1908); "Entwickelung des Auges der Wirbeltiere," by A. + Froriep, in _Handbuch der vergleichenden und experimentellen + Entwickelungslehre der Wirbeltiere_ (O. Hertwig, Jena, 1905). + +COMPARATIVE ANATOMY.--The Acrania, as represented by Amphioxus (the +lancelet), have a patch of pigment in the fore part of the brain which +is regarded as the remains of a degenerated eye. In the Cyclostomata the +hag (Myxine) and larval lamprey (Ammocoetes) have ill-developed eyes +lying beneath the skin and devoid of lens, iris, cornea and sclerotic as +well as eye muscles. In the adult lamprey (Petromyzon) these structures +are developed at the metamorphosis, and the skin becomes transparent, +rendering sight possible. Ocular muscles are developed, but, unlike most +vertebrates, the inferior rectus is supplied by the sixth nerve while +all the others are supplied by the third. In all vertebrates the retina +consists of a layer of senso-neural cells, the rods and cones, separated +from the light by the other layers which together represent the optic +ganglia of the invertebrates; in the latter animals, however, the +senso-neural cells are nearer the light than the ganglia. + +In fishes the eyeball is flattened in front, but the flat cornea is +compensated by a spherical lens, which, unlike that of other +vertebrates, is adapted for near vision when at rest. The iris in some +bony fishes (Teleostei) is not contractile. In the Teleostei, too, there +is a process of the choroid which projects into the vitreous chamber and +runs forward to the lens; it is known as the _processus falciformis_, +and, besides nourishing the lens, is concerned in accommodation. This +specialized group of fishes is also remarkable for the possession of a +so-called _choroid gland_, which is really a _rete mirabile_ (see +ARTERIES) between the choroid and sclerotic. The sclerotic in fishes is +usually chondrified and sometimes calcified or ossified. In the retina +the rods and cones are about equal in number, and the cones are very +large. In the cartilaginous fishes (Elasmobranchs) there is a silvery +layer, called the _tapetum lucidum_, on the retinal surface of the +choroid. + +In the Amphibia the cornea is more convex than in the fish, but the lens +is circular and the sclerotic often chondrified. There is no processus +falciformis or tapetum lucidum, but the class is interesting in that it +shows the first rudiments of the ciliary muscle, although accommodation +is brought about by shifting the lens. In the retina the rods outnumber +the cones and these latter are smaller than in any other animals. In +some Amphibians coloured oil globules are found in connexion with the +cones, and sometimes two cones are joined, forming double or twin cones. + +In Reptilia the eye is spherical and its anterior part is often +protected by bony plates in the sclerotic (Lacertilia and Chelonia). The +ciliary muscle is striated, and in most reptiles accommodation is +effected by relaxing the ciliary ligament as in higher vertebrates, +though in the snakes (Ophidia) the lens is shifted as it is in the lower +forms. Many lizards have a vascular projection of the choroid into the +vitreous, foreshadowing the pecten of birds and homologous with the +processus falciformis of fishes. In the retina the rods are scarce or +absent. + +In birds the eye is tubular, especially in nocturnal and raptorial +forms: this is due to a lengthening of the ciliary region, which is +always protected by bony plates in the sclerotic. The pecten, already +mentioned in lizards, is a pleated vascular projection from the optic +disk towards the lens which in some cases it reaches. In Apteryx this +structure disappears. In the retina the cones outnumber the rods, but +are not as numerous as in the reptiles. The ciliary muscle is of the +striped variety. + +In the Mammalia the eye is largely enclosed in the orbit, and bony +plates in the sclerotic are only found in the monotremes. The cornea is +convex except in aquatic mammals, in which it is flattened. The lens is +biconvex in diurnal mammals, but in nocturnal and aquatic it is +spherical. There is no pecten, but the numerous hyaloid arteries which +are found in the embryo represent it. The iris usually has a circular +pupil, but in some ungulates and kangaroos it is a transverse slit. In +the Cetacea this transverse opening is kidney-shaped, the hilum of the +kidney being above. In many carnivores, especially nocturnal ones, the +slit is vertical, and this form of opening seems adapted to a feeble +light, for it is found in the owl, among birds. The tapetum lucidum is +found in Ungulata, Cetacea and Carnivora. The ciliary muscle is +unstriped. In the retina the rods are more numerous than the cones, +while the macula lutea only appears in the Primates in connexion with +binocular vision. + +Among the accessory structures of the eye the retractor bulbi muscle is +found in amphibians, reptiles, birds and many mammals; its nerve supply +shows that it is probably a derivative of the external or posterior +rectus. The nictitating membrane or third eyelid is well-developed in +amphibians, reptiles, birds and some few sharks; it is less marked in +mammals, and in Man is only represented by the little _plica +semilunaris_. When functional it is drawn across the eye by special +muscles derived from the retractor bulbi, called the _bursalis_ and +_pyramidalis_. In connexion with the nictitating membrane the Harderian +gland is developed, while the lachrymal gland secretes fluid for the +other eyelids to spread over the conjunctiva. These two glands are +specialized parts of a row of glands which in the Urodela (tailed +amphibians) are situated along the lower eyelid; the outer or posterior +part of this row becomes the lachrymal gland, which in higher +vertebrates shifts from the lower to the upper eyelid, while the inner +or anterior part becomes the Harderian gland. Below the amphibians +glands are not necessary, as the water keeps the eye moist. + +The lachrymal duct first appears in the tailed amphibians; in snakes and +gecko lizards, however, it opens into the mouth. + + For literature up to 1900 see R. Wiedersheim's _Vergleichende Anatomie + der Wirbeltiere_ (Jena, 1902). Later literature is noticed in the + catalogue of the Physiological Series of the R. College of Surgeons of + England Museum, vol. iii. (London, 1906). (F. G. P.) + + +EYE DISEASES.--The specially important diseases of the eye are those +which temporarily or permanently interfere with sight. In considering +the pathology of the eye it may be remembered that (1) it is a double +organ, while (2) either eye may have its own trouble. + +1. The two eyes act together, under normal conditions, for all practical +purposes exactly as if there were but one eye placed in the middle of +the face. All impressions made upon either retina, to the one side of a +vertical line through the centre, the _fovea centralis_, before giving +rise to conscious perception cause a stimulation of the same area in the +brain. Impressions formed simultaneously, for instance, on the right +side of the right retina and on corresponding areas of the right side of +the left retina, are conveyed to the same spots in the right occipital +lobe of the brain. Pathological processes, therefore, which are +localized in the right or left occipital lobes, or along any part of the +course of the fibres which pass from the right or left optic tracts to +these "visual centres," cause defects in function of the right or left +halves of the two retinae. _Hemianopia_, or half-blindness, arising from +these pathological changes, is of very varying degrees of severity, +according to the nature and extent of the particular lesion. The blind +areas in the two fields of vision, corresponding to the outward +projection of the paralysed retinal areas, are always symmetrical both +in shape and degree. The central lesion may for instance be very small, +but at the same time destructive to the nerve tissue. This will be +revealed as a sector-shaped or insular symmetrical complete blindness in +the fields of vision to the opposite side. Or a large central area, or +an area comprising many or all of the nerve fibres which pass to the +visual centre on one side, may be involved in a lesion which causes +impairment of function, but no actual destruction of the nerve tissue. +There is thus caused a symmetrical weakening of vision (_amblyopia_) in +the opposite fields. In such cases the colour vision is so much more +evidently affected than the sense of form that the condition has been +called _hemiachromatopsia_ or half-colour blindness. Hemianopia may be +caused by haemorrhage, by embolism, by tumour growth which either +directly involves the visual nerve elements or affects them by +compression and by inflammation. Transitory hemianopia is rare and is no +doubt most frequently of toxic origin. + +The two eyes also act as if they were one in accommodating. It is +impossible for the two eyes to accommodate simultaneously to different +extents, so that where there is, as occasionally happens, a difference +in focus between them, this difference remains the same for all +distances for which they are adapted. In such cases, therefore, both +eyes cannot ever be accurately adapted at the same time, though either +may be alone. It often happens as a consequence that the one eye is used +to receive the sharpest images of distant, and the other of near +objects. Any pathological change which leads to an interference in the +accommodating power of one eye alone must have its origin in a lesion +which lies peripherally to the nucleus of the third cranial nerve. Such +a lesion is usually one of the third nerve itself. Consequently, a +unilateral accommodation paresis is almost invariably associated with +pareses of some of the oculo-motor muscles. A bilateral accommodation +paresis is not uncommon. It is due to a nuclear or more central cerebral +disturbance. Unlike a hemianopia, which is mostly permanent, a double +accommodation paresis is frequently transitory. It is often a +post-diphtheritic condition, appearing alone or associated with other +paresis. + +Both eyes are also normally intimately associated in their movements. +They move in response to a stimulus or a combination of stimuli, +emanating from different centres of the brain, but one which is always +equally distributed to the corresponding muscles in both eyes, so that +the two lines of fixation meet at the succession of points on which +attention is directed. The movements are thus associated in the same +direction, to the right or left, upwards or downwards, &c. In addition, +owing to the space which separates the two eyes, convergent movements, +caused by stimuli equally distributed between the two internal recti, +are required for the fixation of nearer and nearer-lying objects. These +movements would not be necessary in the case of a single eye. It would +merely have to accommodate. The converging movements of the double eye +occur in association with accommodation, and thus a close connexion +becomes established between the stimuli to accommodation and +convergence. All combinations of convergent and associated movements are +constantly taking place normally, just as if a single centrally-placed +eye were moved in all directions and altered its accommodation according +to the distance, in any direction, of the object which is fixed. + +Associated and convergent movements may be interfered with +pathologically in different ways. Cerebral lesions may lead to their +impairment or complete abolition, or they may give rise to involuntary +spasmodic action, as the result of paralysing or irritating the centres +from which the various co-ordinated impulses are controlled or emanate. +Lesions which do not involve the centres may prevent the response to +associated impulses in one eye alone by interfering with the functional +activity of one or more of the nerves along which the stimuli are +conveyed. Paralysis of oculo-motor nerves is thus a common cause of +defects of association in the movements of the double eye. The great +advantage of simultaneous binocular vision--viz. the appreciation of +depth, or stereoscopic vision--is thus lost for some, or it may be all +directions of fixation. Instead of seeing singly with two eyes, there is +then double-vision (_diplopia_). This persists so long as the defect of +association continues, or so long as the habit of mentally suppressing +the image of the faultily-directed eye is not acquired. + +In the absence of any nerve lesions, central or other, interfering with +their associated movements, the eyes continue throughout life to respond +equally to the stimuli which cause these movements, even when, owing to +a visual defect of the one eye, binocular vision has become impossible. +It is otherwise, however, with the proper co-ordination of convergent +movements. These are primarily regulated by the unconscious desire for +binocular vision, and more or less firmly associated with accommodation. +When one eye becomes blind, or when binocular vision for other reasons +is lost, the impulse is gradually, as it were, unlearnt. This is the +cause of _divergent concomitant squint_. Under somewhat similar +conditions a degree of convergence, which is in excess of the +requirements of fixation, may be acquired from different causes. This +gives rise to _convergent concomitant squint_. + + For _Astigmatism_, &c., see the article VISION. + +2. Taking each eye as a single organ, we find it to be subject to many +diseases. In some cases both eyes may be affected in the same way, e.g. +where the local disease is a manifestation of some general disturbance. +Apart from the fibrous coat of the eye, the sclera, which is little +prone to disease, and the external muscles and other adnexa, the eye may +be looked upon as composed of two elements, (a) the dioptric media, and +(b) the parts more or less directly connected with perception. +Pathological conditions affecting either of these elements may interfere +with sight. + +The dioptric media, or the transparent portions which are concerned in +the transmission of light to, and the formation of images upon, the +retina, are the following: the _cornea_, the _aqueous humour_, the +_crystalline lens_ and the _vitreous humour_. Loss of transparency in +any of these media leads to blurring of the retinal images of external +objects. In addition to loss of transparency the cornea may have its +curvature altered by pathological processes. This necessarily causes +imperfection of sight. The crystalline lens, on the other hand, may be +dislocated, and thus cause image distortion. + +_The Cornea._--The transparency of the cornea is mainly lost by +imflammation (_keratitis_), which causes either an infiltration of its +tissues with leucocytes, or a more focal, more destructive ulcerative +process. + +Inflammation of the cornea may be primary or secondary, i.e. the +inflammatory changes met with in the corneal tissue may be directly +connected with one or more foci of inflammation in the cornea itself or +the focus or foci may be in some other part of the eye. Only the very +superficial forms of primary keratitis, those confined to the epithelial +layer, leave no permanent change; there is otherwise always a loss of +tissue resulting from the inflammation and this loss is made up for by +more or less densely intransparent connective tissue (_nebula_, +_leucoma_). These according to their site and extent cause greater or +less visual disturbance. Primary keratitis may be ulcerative or +non-ulcerative, superficial or deep, diffuse or circumscribed, +vascularized or non-vascularized. It may be complicated by deeper +inflammations of the eye such as iritis and cyclitis. In some cases the +anterior chamber is invaded by pus (_hypopyon_). The healing of a +corneal ulcer is characterized by the disappearance of pain where this +has been a symptom and by the rounding off of its sharp margins as +epithelium spreads over them from the surrounding healthy parts. Ulcers +tend to extend either in depth or superficially, rarely in both manners +at the same time. A deep ulcer leads to perforation with more or less +serious consequences according to the extent of the perforation. Often +an eye bears permanent traces of a perforation in adhesion of the iris +to the back of a corneal scar or in changes in the lens capsule +(capsular cataract). In other cases the ulcerated cornea may yield to +pressure from within, which causes it to bulge forwards (_staphyloma_). + +The principal causes of primary keratitis are traumata and infection +from the conjunctiva. Traumata are most serious when the body causing +the wound is not aseptic or when micro-organisms from some other source, +often the conjunctiva and tear-sac, effect a lodgment before healing of +the wound has sufficiently advanced. In infected cases a complication +with iritis is not uncommon owing to the penetration of toxines into the +anterior chamber. + +Inflammations of the cornea are the most important diseases of the eye, +because they are among the most frequent, because of the value of the +cornea to vision and because much good can often be done by judicious +treatment and much harm result from wrong interference and neglect. The +treatment of primary keratitis must vary according to the cause. +Generally speaking the aim should be to render the ulcerated portions as +aseptic as possible without using applications which are apt to cause a +great deal of irritation and thus interfere with healing. On this +account it is important to be able to recognize when healing is taking +place, for as soon as this is the case, rest, along with frequent +irrigation of the conjunctiva with sterilized water at the body +temperature, and occasionally mild antiseptic irrigation of the nasal +mucous membrane is all that is required. It is a common and dangerous +mistake to over treat. + +Of local antiseptics which are of use may be mentioned the actual +cautery, chlorine water, freshly prepared silver nitrate or protargol, +and the yellow oxide of mercury. These different agents are of course +not all equally applicable in any given case; it depends upon the +severity as well as upon the nature of the inflammation which is the +most suitable. For instance, the actual cautery is employed only in the +case of the deeper septic or malignant ulcers, in which the destruction +of tissue is already considerable and tending to spread further. Again +the yellow oxide of mercury should only be used in the more superficial, +strumous forms of inflammation. Many other substances are also in use, +but need not here be referred to. + +_Secondary keratitis_ takes the form of an interstitial deposit of +leucocytes between the layers of the cornea as well as often of +vascularization, sometimes intense, from the deeper network of vessels +(anterior ciliary) surrounding the cornea. The duration of a secondary +keratitis is usually prolonged, often lasting many months. More or less +complete restoration of transparency is the rule, however, eventually. + +No local treatment is called for except the shading of the eyes and in +most cases the use of a mydriatic to prevent synechiae when the iris is +involved. Often it is advisable to do something for the general health. +In young people there is probably nothing better than cod-liver oil and +syrup of the iodide of iron. Inherited syphilis, tuberculous and other +inflammations are the causes of secondary keratitis. + +_Neuro-paralytic Keratitis._--When the fifth nerve is paralysed there is +a tendency for the cornea to become inflamed. Different forms of +inflammation may then occur which all, besides anaesthesia, show a +marked slowness in healing. The main cause of neuro-paralytic keratitis +lies in the greater vulnerability of the cornea. The prognosis is +necessarily bad. The treatment consists in as far as possible protecting +the eye from external influences, by keeping it tied up, and by +frequently irrigating with antiseptic lotions. + +Certain non-inflammatory and degenerative changes are met with in the +cornea. Of these may be mentioned _keratoconus_ or conical cornea, in +which, owing to some disturbance of vitality, the nature of which has +not been discovered, the normal curvature of the cornea becomes altered +to something more of a hyberboloid of revolution, with consequent +impairment of vision: _arcus senilis_, a whitish opacity due to fatty +degeneration, extending round the corneal margin, varying in thickness +in different subjects and usually only met with in old people: +_transverse calcareous film_, consisting of a finely punctiform opacity +extending, in a tolerably uniformly wide band, occupying the zone of the +cornea which is left uncovered when the lids are half closed. + +Tumours of the cornea are not common. Those chiefly met with are +dermoids, fibromata, sarcomata and epitheliomata. + +_Scleritis._--Inflammation of the sclera is confined to its anterior +part which is covered by conjunctiva. Scleritis may occur in +circumscribed patches or may be diffused in the shape of a belt round +the cornea. The former is usually more superficial and uncomplicated, +the latter deeper and complicated with corneal infiltration, +irido-cyclitis and anterior choroiditis. Superficial scleritis or, as it +is often called, _episcleritis_, is a long-continued disease which is +associated with very varying degrees of discomfort. The chronic nature +of the affection depends mainly upon the tendency that the inflammation +has to recur in successive patches at different parts of the sclera. +Often only one eye at a time is affected. Each patch lasts for a month +or two and is succeeded by another after an interval of varying +duration. Months or years may elapse between the attacks. The +cicatricial site of a previous patch is rarely again attacked. The +scleral infiltration causes a firm swelling, often sensitive to touch, +over which the conjunctiva is freely movable. The overlying conjunctiva +is always injected. The infiltration itself at the height of the process +is densely vascularized. Seen through the conjunctiva its vessels have a +darker, more purplish hue than the superficial ones. The swelling caused +by the infiltration gradually subsides, leaving a cicatrix to which the +overlying conjunctiva becomes adherent. The cicatrix has a slaty +porcellanous-looking colour. Superficial scleritis occurs in both sexes +with about equal frequency. No definite cause for the inflammation is +known. The treatment on the whole is unsatisfactory. Burning down the +nodules with the actual cautery, and subsequently a visit to such baths +as Harrogate, Buxton, Homburg and Wiesbaden, may be recommended. + +Deep scleritis with its attendant complications is altogether a more +serious disease. Etiologically it is equally obscure. Both eyes are +almost always attacked. It more generally occurs in young people, mostly +in young women. Deep scleritis is more persistent and less subject to +periods of intermission than episcleritis. The deeper and more +wide-spread inflammatory infiltrations of the sclera lead eventually to +weakening of that coat, and cause it to yield to the intra-ocular +pressure. Vision suffers from extension of the infiltration to the +cornea, or from iritis with its attendant synechiae, or from anterior +choroiditis, and sometimes also from secondary glaucoma. The treatment +is on the whole unsatisfactory. Iridectomy, especially if done early in +the process, may be of use. + +_The Aqueous Humour._--Intransparency of the aqueous humour is always +due to some exudation. This comes either from the iris or the ciliary +processes, and may be blood, pus or fibrin. An exudation in this +situation tends naturally to gravitate to the most dependent part, and, +in the case of blood or pus, is known as _kyphaema_ or _hypopyon_. + +_The Crystalline Lens Cataract._--Intransparency of the crystalline lens +is technically known as _cataract_. Cataract may be idiopathic and +uncomplicated, or traumatic, or secondary to disease in the deeper +parts of the eye. The modified epithelial structure of which the lens is +composed is always being added to throughout life. The older portions of +the lens are consequently the more central. They are harder and less +elastic. This arrangement seems to predispose to difficulties of +nutrition. In many people, in the absence altogether of general or local +disease, the transparency of the lens is lost owing to degeneration of +the incompletely-nourished fibres. This idiopathic cataract mostly +occurs in old people; hence the term _senile cataract_. So-called +_senile_ cataract is not, however, necessarily associated with any +general senile changes. An idiopathic uncomplicated cataract is also met +with as a congenital defect due to faulty development of the crystalline +lens. A particular and not uncommon form of this kind of cataract, which +may also develop during infancy, is _lamellar_ or _zonular cataract_. +This is a partial and stationary form of cataract in which, while the +greater part of the lens retains its transparency, some of the lamellae +are intransparent. Traumatic cataract occurs in two ways: by laceration +or rupture of the lens capsule, or by nutritional changes consequent +upon injuries to the deeper structures of the eye. The transparency of +the lens is dependent upon the integrity of its capsule. Penetrating +wounds of the eye involving the capsule, or rupture of the capsule from +severe blows on the eye without perforation of its coats, are followed +by rapidly developing cataract. Severe non-penetrating injuries, which +do not cause rupture of the capsule, are sometimes followed, after a +time, by slowly-progressing cataract. Secondary cataract is due to +abnormalities in the nutrient matter supplied to the lens owing to +disease of the ciliary body, choroid or retina. In some diseases, as +diabetes, the altered general nutrition tells in the same way on the +crystalline lens. Cataract is then rapidly formed. All cases of cataract +in diabetes are not, however, necessarily true diabetic cataracts in the +above sense. _Dislocations of the lens_ are traumatic or congenital. In +old-standing disease of the eye the suspensory ligament may yield in +part, and thus lead to lens dislocation. The lens is practically always +cataractous before this takes place. + +_The Vitreous Humour._--The vitreous humour loses its transparency owing +to exudation from the inflamed ciliary body or choroid. The exudation +may be fibrinous or purulent; the latter only as a result of injuries by +which foreign bodies or septic matter are introduced into the eye or in +metastatic choroiditis. Blood may also be effused into the vitreous from +rupture of retinal, ciliary or choroidal vessels. The pathological +significance of the various effusions into the vitreous depends greatly +upon the cause. In many cases effusion and absorption are constantly +taking place simultaneously. The extent of possible clearing depends +greatly upon the preponderance of the latter process. + +_Diseases of the Iris and Ciliary Body._--Inflammation of the iris, +iritis, arises from different causes. The various idiopathic forms have +relations to constitutional disturbances such as rheumatism, gout, +albuminuria, tuberculosis, fevers, syphilis, gonorrhoea and others, or +they may come from cold alone. Traumatic and infected cases are +attributable to accidents, the presence of foreign bodies, operations, +&c. In addition, iritis may be secondary to keratitis, scleritis or +choroiditis. The beginning of an attack of inflammation of the iris is +characterized by alterations in its colour due to hyperaemia and by +circumcorneal injection. Later on, exudation takes place into the +substance of the iris, causing thickening and also a loss of gloss of +its surface. According to the nature and severity of the exudation there +may be deposits formed on the back of the cornea, attachments between +the iris and lens capsule (synechiae), or even gelatinous-looking +coagulations or pus in the anterior chamber. + +The subjective symptoms to which the inflammation may give rise are +dread of light (_photophobia_), pain, generally most severe at night and +often very great, also more or less impairment of sight. Along with the +pain and photophobia there is lacrymation. An acute attack of iritis +usually lasts about six weeks. Some cases become chronic and last much +longer. Others are chronic from the first, and in one clinical type of +iritis, in which the ciliary body is also at the same time affected, +viz. _iritis serosa_, there is usually comparatively little injection of +the eye or pain, so that the patient's attention may only be directed to +the eye owing to the gradual impairment of sight which results. In some +cases, and more particularly in men, there is a tendency to the +recurrence at longer or shorter intervals of attacks of iritis +(_recurrent iritis_). In these cases, as well as in all cases of plastic +iritis which have not been properly treated, serious consequences to +sight are apt to follow from the binding down of the iris to the lens +capsule and the occlusion of the pupil by exudation. + +Inflammation of the ciliary body, _cyclitis_, is frequently associated +with iritis. This association is probable in all cases where there are +deposits on the posterior surface of the cornea. It is certain where +there are changes in the intra-ocular tension. Often in cyclitis there +is a very marked diminution in tension. Cyclitis is also present when +the degree of visual disturbance is greater than can be accounted for by +the visible changes in the pupil and anterior chamber. The exudation +may, as in iritis, be serous, plastic or purulent. It passes from the +two free surfaces of the ciliary body into the posterior aqueous, and +into the vitreous, chambers. This produces, what is a constant sign of +cyclitis, more or less intransparency of the vitreous humour. Where +there has been excessive exudation into the vitreous, subsequent +shrinking and liquefaction take place, leading to detachment of the +retina and consequent blindness. + +The treatment of iritis necessarily differs to some extent according to +the cause. The general treatment applicable to all cases need only be +here considered. What should be aimed at, at the time of the +inflammation, is to put the eye as far as possible at rest, to prevent +the formation of synechiae and alleviate the pain. An attempt should be +made to get the pupil thoroughly dilated with atropine. The dilatation +should be kept up as long as any circumcorneal injection lasts. If a +case of iritis be left to itself or treated without the use of a +mydriatic, posterior synechiae almost invariably form. Some fibrinous +exudation may even organize into a membrane stretching across, and more +or less completely occluding, the pupil. Synechiae, though not of +themselves causing impairment of vision, increase the risk that the eye +runs from subsequent attacks of iritis. It should however be remembered +that as the main call for a mydriatic is to prevent synechiae, the +_raison d'etre_ for its use no longer exists when, having been begun too +late, the pupil cannot properly be dilated by it. Under these conditions +it may even do harm. The eyes should also be kept shaded from the light +by the use of a shade or neutral-tinted glasses. During an attack any +use of the eyes for reading or sewing or work of any kind calling for +accommodation must be prohibited. This applies equally to the case of +inflammation in one eye alone and in both. + +Pain is best relieved by hot fomentations, cocain, and in many cases the +internal use of salicin or phenacetin. The treatment sometimes required +for cases of old iritis is iridectomy. The operation is called for in +two different classes of cases. In the first place, to improve vision +where the pupil is small, and to a great extent occluded, though the +condition has not so far led to serious nutritive changes; and in the +second place, with the object as well of preventing the complete +destruction of vision which either the existing condition or the danger +of recurrence of the inflammation has threatened. Iridectomy for iritis +should be performed when the inflammation has entirely subsided. The +portion of iris excised should be large. The operation is urgently +called for where the condition of _iris bombans_ exists. + +Iris tumours, either simple or malignant, are of rare occurrence. + +A frequent result of a severe blow on the eye is a separation of a +portion of the iris from its peripheral attachment (_iridodialysis_). Of +congenital anomalies the most commonly met with are coloboma and more or +less persistence of the foetal pupillary membrane. The most serious form +of irido-cyclitis is that which may follow penetrating wounds of the +eye. Under certain conditions this leads to a similar inflammation in +the other eye. This so-called _sympathetic ophthalmitis_ is of a +malignant type, causing destruction of the sympathizing eye. + +_The Retina._--Choroidal inflammations are generally patchy, various +foci of inflammation being scattered over the choroid. These patches may +in course of time become more or less confluent. The effect upon vision +depends upon the extent to which the external or percipient elements of +the retina become involved. It is especially serious when the more +central portions of the retina, are thus affected (_choroido-retinitis +centralis_). + +A peculiar and grave pathological condition of the eye is what is known +as _glaucoma_. A characteristic of this condition is increase of the +intra-ocular tension, which has a deleterious effect on the optic nerve +end and its ramifications in the retina. The cause of the rise of +tension is partly congestive, partly mechanical. The effect of glaucoma, +when untreated, is to cause ever-increasing loss of sight, although the +time occupied by the process before it leads to complete blindness +varies within such extraordinary wide limits as from a few hours to many +years. The uveal tract may be the site of _sarcoma_. + +The retina is subject to inflammation, to detachment from the choroid, +to haemorrhages from the blood-vessels and to tumour. Retinal +inflammation may primarily affect either the nerve elements or the +connective tissue framework. The former is usually associated with some +general disease such as albuminuria or diabetes and is bilateral. The +tissue changes are oedema, the formation of exudative patches, and +haemorrhage. Where the connective tissue elements are primarily +affected, the condition is a slow one, similar to _sclerosis_ of the +central nervous system. The gradual blindness which this causes is due +to compression of the retinal nerve elements by the connective tissue +hyperplasia, which is always associated with characteristic changes in +the disposition of the retinal pigment. This retinal sclerosis is +consequently generally known as _retinitis pigmentosa_, a disease to +which there is a hereditary predisposition. Besides occurring during +inflammation, haemorrhages into the retina are met with in phlebitis of +the central retinal vein, which is almost invariably unilateral, and in +certain conditions of the blood, as pernicious anaemia, when they are +always bilateral. + +The optic nerve is subject to inflammation (optic neuritis) and atrophy. +Double optic neuritis, affecting, however, only the intra-ocular ends of +the nerves, is an almost constant accompaniment of brain tumour. +Unilateral neuritis has a different causation, depending upon an +inflammation, mainly perineuritic, of the nerve in the orbit. It is +analogous to peripheral inflammation of other nerves, such as the third, +fourth, sixth and seventh cranial nerves. + +_Diseases of the Conjunctiva._--These are the most frequent diseases of +the eye with which the surgeon has to deal. They generally lead to more +or less interference with the functional activity of the eye and often +indeed to great impairment of vision owing to the tendency which there +is for the cornea to become implicated. + +Many different micro-organisms are of pathogenetic importance in +connexion with the conjunctiva. Microbes exist in the normal +conjunctival sac. These are mostly harmless, though it is usual to find +at any rate a small proportion of others which are known to be +pyogenetic. This fact is of great importance in connexion both with +problems of etiology and the practical question of operations on the +eye. + +_Hyperaemia._--When the conjunctiva becomes hyperaemic its colour is +heightened and its transparency lessened. Sometimes too it becomes +thickened and its surface altered in appearance. The often marked +heightening of colour is due to the very superficial position of the +dilated vessels. This is specially the case with that part of the +membrane which forms the transition fold between the palpebral and the +ocular conjunctiva. Consequently it is there that the redness is most +marked, while it is seen to diminish towards the cornea. An important +diagnostic mark is thus furnished between purely conjunctival hyperaemia +and what is called circumcorneal congestion, which is always an +indication of more deep-seated vascular dilatation. It also differs +materially from a scleral injection, in which there is a visible +dilatation of the superficial scleral vessels. + +When a conjunctival hyperaemia has existed for some time the papillae +become swollen, and small blebs form on the surface of the membrane: +sometimes too, lymph follicles begin to show. The enlargement and +compression of adjacent papillae give rise to a velvety appearance of +the surface. + +Hyperaemia of the conjunctiva where not followed by inflammation causes +more or less lacrymation but no alteration in the character of its +secretion. The hyperaemia may be acute and transitory or chronic. Much +depends upon the cause as well as upon the persistence of the irritation +which sets it up. + +Traumata, the presence of foreign bodies in the conjunctival sac, or the +irritations of superficial chalky infarcts in the Meibomian ducts, cause +more or less severe transitory congestion. Continued subjection to +irritating particles such as flour, stones, dust, &c., causes a more +continued hyperaemia which is often circumscribed and less pronounced. +Bad air in schools, barracks, workhouses, &c., also causes a chronic +hyperaemia in which it is common to find a follicular hyperplasia. Long +exposure to too intense light, astigmatism and other ocular defects +which cause asthenopia lead also to chronic hyperaemia. Anaemic +individuals are often subject to discomfort from hyperaemia of this +nature. + +The treatment of conjunctival hyperaemia consists first in the removal +of the cause when it can be discovered. Often this is difficult. In +addition the application of hot sterilized water is useful and soothing. + +_Conjunctivitis._--When the conjunctiva is actually inflamed the +congested membrane is brought into a condition of heightened secreting +action. The secretions become more copious and more or less altered in +character. A sufficiently practical though by no means sharply defined +clinical division of cases of conjunctivitis is arrived at by taking +into consideration the character of the secretion from the inflamed +membrane and the visible tissue alterations which the membrane +undergoes. The common varieties of conjunctivitis which may thus be +distinguished are the following: ([alpha]) Catarrhal conjunctivitis, +([beta]) Purulent conjunctivitis, ([gamma]) Phlyctenular conjunctivitis, +([delta]) Granular conjunctivitis and ([epsilon]) Diphtheritic +conjunctivitis. + +However desirable a truly etiological classification might appear to be, +it is doubtful whether such could satisfactorily be made. So much is +certain at all events, that not only can identically the same clinical +appearance result from the actions of quite different pathogenetic +organisms, but that various concomitant circumstances may lead to very +different clinical signs being set up by one and the same microbe. As +regards _contagion_ there is no doubt that the secretion in the case of +a true conjunctivitis (i.e. not merely a hyperaemia) is always more or +less contagious. The degree of virulence varies not only in different +cases, but the effect of contagion from the same source may be different +in different individuals. Healthy conjunctivae may thus react +differently, not only as regards the degree of severity, but even +according to different clinical types, when infected by secretion from +the same source. There are no doubt different reasons for this, such as +the stage at which the inflammation has arrived in the eye from which +the secretion is derived, differences in the surroundings and in the +susceptibility of the infected individuals, the presence of dormant +microbes of a virulent type in the healthy conjunctiva which has been +infected, &c. Many points in this connexion are very difficult to +investigate and much remains to be elucidated. Contagion usually takes +place directly and not through the air. Often in this way one eye is +first affected and may in some cases, when sufficient care is afterwards +taken, be the only one to suffer. + +The treatment in all severer forms of conjunctivitis should be +undertaken with the primary object in view of preventing any implication +of the cornea. + +_Catarrhal conjunctivitis_, which is characterized by an increased +mucoid secretion accompanying the hyperaemia, is usually bilateral and +may be either acute or chronic. Acute conjunctivitis lasts as a rule +only for a week or two: the chronic type may persist, with or without +occasional exacerbations, for years. The subjective symptoms vary in +intensity with the severity of the inflammation. There is always more or +less troublesome "burning" in the eyes with a tired heavy feeling in the +lids. This is aggravated by reading, which is most distressing in a +close or smoky atmosphere and by artificial light. In acute cases, +indeed, reading is altogether impossible. In all cases of catarrhal +conjunctivitis the symptoms are also more marked if the eyes have been +tied up, even though this may produce a temporary relief. + +A curious variety of acute catarrhal conjunctivitis, in which the +hyperaemia and lacrymation are the predominant features, is the +so-called _hay-fever_. In this condition the mucous membrane of the nose +and throat are similarly affected, and there is at the same time more or +less constitutional disturbance. Hay-fever is due to irritation from the +pollen of many plants, but principally from that of the different +grasses. Some people are so susceptible to it that they invariably +suffer every year during the early summer months. Here it is difficult +to remove the cause, but many cases can be cured and almost all are +alleviated be means of a special antitoxin applied locally. + +Other ectogenetic causes of catarrhal conjunctivitis which have been +studied are mostly microbic. Of these the most common are the +Morax-Axenfeld and the Koch-Weeks conjunctivitis. + +The Morax-Axenfeld bacillus sets up a conjunctivitis which affects +individuals of all ages and conditions and which is contagious. The +inflammation is usually chronic, at most subacute. It is often +sufficiently characteristic to be recognized without a microscopical +examination of the secretions. In typical cases the lid margin, +palpebral conjunctiva, and it may be a patch of ocular conjunctiva at +the outer or inner angle are alone hyperaemic: the secretion is not +copious and is mostly found as a greyish coagulum lying at the inner +lid-margin. The subjective symptoms are usually slight. Complications +with other varieties of catarrhal conjunctivitis are not uncommon. This +mild form of conjunctivitis generally lasts for many months, subject to +more or less complete disappearance followed by recurrences. It can be +rapidly cured by the use of an oxide of zinc ointment, which should be +continued for some time after the appearances have altogether passed +off. + +The conjunctivitis caused by the Koch-Weeks microbe is still more +common. It is a more acute type, affects mostly children, and is very +contagious and often epidemic. Here the hyperaemia involves both the +ocular and the palpebral conjunctiva, and usually there is considerable +swelling of the lids and a copious secretion. Both eyes are always +affected. Occasionally the engorged conjunctival vessels give way, +causing numerous small extravasations (ecchymoses). Complications with +phlyctenulae (_vide infra_) are common in children. The acute symptoms +last for a week or ten days, after which the course is more chronic. +Treatment with nitrate of silver in solution is generally satisfactory. +Other less frequent microbic causes of catarrhal conjunctivitis yield to +the same treatment. + +A form of _epidemic muco-purulent conjunctivitis_ is not uncommon, in +which the swelling of the conjunctival folds and lids is much more +marked and the secretions copious. It is less amenable to treatment and +also apt to be complicated by corneal ulceration. The microbe which +gives rise to this condition has not been definitely established. This +inflammation is also known as _school ophthalmia_. This is extremely +contagious, so that isolation of cases becomes necessary. The treatment +with weak solutions of sub-acetate of lead during the acute stage, +provided there be no corneal complication, and subsequently with a weak +solution of tannic acid, may be recommended. + +_Purulent Conjunctivitis._--Some of the severer forms of catarrhal +conjunctivitis are accompanied not only by a good deal of swelling of +both conjunctiva and lids but also by a decidedly muco-purulent +secretion. Nevertheless there is a sufficiently sharply-defined clinical +difference between the catarrhal and purulent types of inflammation. In +purulent conjunctivitis the oedema of the lids is always marked, often +excessive, the hyperaemia of the whole conjunctiva is intense: the +membrane is also infiltrated and swollen (chemosis), the papillae +enlarged and the secretion almost wholly purulent. Although this variety +of conjunctivitis is principally due to infection by gonococci, other +microbes, which more frequently set up a catarrhal type, may lead to the +purulent form. + +All forms are contagious, and transference of the secretion to other +eyes usually sets up the same type of severe inflammation. The way in +which infection mostly takes place is by direct transference by means of +the hands, towels, &c., of secretions containing gonococci either from +the eye or from some other mucous membrane. The poison may also +sometimes be carried by flies. The dried secretion loses its virulence. + +In new-born children (_ophthalmia neonatorum_) infection takes place +from the maternal passages during birth. Notwithstanding the great +changes which occur during the progress of a purulent conjunctivitis, +there is on recovery a complete _restitutio ad integrum_ so far as the +conjunctiva is concerned. Owing to the tendency to severe ulceration of +the cornea, more or less serious destructions of that membrane, and +consequently more or less interference with sight, may result before the +inflammation has passed off. This is a special danger in the case of +adults. For this reason when only one eye is affected the first point to +be attended to in the treatment is to secure the second eye from +contagion by efficient occlusion. The appliance known as Buller's +shield, a watch-glass strapped down by plaster, is the best for this +purpose. It not only admits of the patient seeing with the sound eye, +but allows the other to remain under direct observation. The treatment +otherwise consists in frequent removal of the secretions from the +affected eye, and the use of nitrate of silver solution as a bactericide +applied directly to the conjunctival surface; sometimes it is necessary +to cut away the chemotic conjunctiva immediately surrounding the cornea. +When the cornea has become affected efforts may be made with the +thermo-cautery or otherwise to limit the area of destruction and thus +admit of something being done to improve the vision after all +inflammation has subsided. The greatest cleanliness as well as proper +antiseptic precautions should of course be observed by every one in any +way connected with the treatment of such cases. + +_Phlyctenular conjunctivitis_ is an acute inflammation of the ocular +conjunctiva, in which little blebs or phlyctenules form, more +particularly in the vicinity of the corneal margin, as well as on the +epithelial continuation of the conjunctiva which covers the cornea. The +inflammation is characterized by being distributed in little +circumscribed foci and not diffused as in all other forms of +conjunctivitis. In it the conjunctival secretion is not altered, unless +there should exist at the same time a complication with some other form +of conjunctivitis. This condition is most frequent in children, +particularly such as are ill-nourished or are recovering from some +illness, e.g. measles. The susceptibility occurs in fact mainly where +there exists what used to be called a "strumous" diathesis. In many +cases, therefore, there is some kind of tubercular basis for the +manifestations. This basis has to do with the susceptibility only, at +all events to begin with. The local changes are not tuberculous; their +exact origin has not been clearly established. They are in all +probability produced by staphylococci. + +Many children suffering from phlyctenular conjunctivitis get after a +short time an eczematous excoriation of the skin of the nostrils. This +excoriated, scabby area contains crowds of staphylococci which find a +nidus here, where the copious tear-flow down the nostrils has excoriated +and irritated the skin. Lacrymation is indeed a very common concomitant +of phlyctenular conjunctivitis. Another frequently distressing symptom +is a pronounced dread of light (_photophobia_), which often leads to +convulsive and very persistent closing of the lids (_blepharospasm_). +Indeed the relief of the photophobia is often the most important point +to be considered in the treatment of phlyctenular conjunctivitis. The +photophobia may be very severe when the local changes are slight. The +eyes should be shaded but not bandaged. Cocain may be freely used. The +best local application is the yellow oxide of mercury used as an +ointment. + +Phlyctenular conjunctivitis, and the corneal complications with which it +is so often associated, constitute a large proportion (from 1/4 to 1/3) +of all eye affections with which the surgeon has to deal. + +_Granular Conjunctivitis._--This disease, which also goes by the name of +_trachoma_, is characterized by an inflammatory infiltration of the +adenoid tissue of the conjunctiva. The inflammation is accompanied by +the formation of so-called _granules_, and at the same time by a +hyperplasia of the papillae. The changes further lead in the course of +time to cicatricial transformations, so that a gradual and progressive +atrophy of the conjunctiva results. The disease takes its origin most +frequently in the conjunctival fold of the upper lid, but eventually as +a rule involves the corna and the deeper tissues of the lid, +particularly the tarsus. + +The etiology of trachoma is unknown. Though a perfectly distinctive +affection when fully established, the differential diagnosis from other +forms of conjunctivitis, particularly those associated with much +follicular enlargement or which have begun as purulent inflammation, may +be difficult. Trachoma is mostly chronic. When occurring in an acute +form it is more amenable to treatment and less likely to end in +cicatricial changes. Fully half the cases of trachoma which occur are +complicated by _pannus_, which is the name given to the affection when +it has spread to the cornea. Pannus is a superficial vascularized +infiltration of the cornea. The veiling which it produces causes more or +less defect of sight. + +Various methods of treatment are in use for trachoma. Expression by +means of roller-forceps or repeated grattage are amongst the more +effective means of surgical treatment, while local applications of +copper sulphate or of alum are certainly useful in suitable cases. + +_Diphtheritic conjunctivitis_ is characterized by an infiltration into +the conjunctival tissues which, owing to great coagulability, rapidly +interferes with the nutrition of the invaded area and thus leads to +necrosis of the diphtheritic membrane. Conjunctival diphtheria may or +may not be associated with diphtheria of the throat. It is essentially a +disease of early childhood, not more than 10% of all cases occurring +after the age of four. The cornea is exposed to great risk, more +particularly during the first few days, and may be lost by necrosis. +Subsequent ulceration is not uncommon, but may often be arrested before +complete destruction has taken place. The disease is generally confined +to one eye, and complicated by swelling of the preauricular glands of +that side. It may prove fatal. In true conjunctival diphtheria the +exciting cause is the Klebs-Loffler bacillus. The inflammation occurs in +very varying degrees of severity. The secretion is at first thin and +scant, afterwards purulent and more copious. In severe cases there is +great chemosis with much tense swelling of the lids, which are often of +an ashy-grey colour. A streptococcus infection produces somewhat similar +and often quite as disastrous results. + +The treatment must be both general with antitoxin and local with +antiseptics. Of rarer forms of conjunctivitis may be mentioned +Parinaud's conjunctivitis and the so-called spring catarrh. + +_Non-inflammatory Conjunctival Affections._--These are of less +importance than conjunctivitis, either on account of their comparative +infrequency or because of their harmlessness. The following conditions +may be shortly referred to. + +_Amyloid degeneration_, in which waxy-looking masses grow from the +palpebral conjunctiva of both lids, often attaining very considerable +dimensions. The condition is not uncommon in China and elsewhere in the +East. + +_Essential Shrinking of the Conjunctiva._--This is the result of +pemphigus, in which the disease has attacked the conjunctiva and led to +its atrophy. + +_Pterygium_ is a hypertrophic thickening of the conjunctiva of +triangular shape firmly attached by its apex to the superficial layers +of the cornea. It is a common condition in warm climates owing to +exposure to sun and dust, and often calls for operative interference. + +_Tumours of the Conjunctiva._--These may be malignant or benign, also +syphilitic and tubercular. (G. A. Be.) + + +FOOTNOTE: + + [1] Some embryologists regard the vitreous body as formed from the + ectoderm (see Quain's _Anatomy_, vol. i., 1908). + + + + +EYEMOUTH, a police burgh of Berwickshire, Scotland. Pop. (1901) 2436. It +is situated at the mouth of the Eye, 7-1/2 m. N.N.W. of Berwick-on-Tweed +by the North British railway via Burnmouth. Its public buildings are the +town hall, library and masonic hall. The main industry is the fishing +and allied trades. The harbour was enlarged in 1887, and the bay is +easily accessible and affords good anchorage. Owing to the rugged +character of the coast and its numerous ravines and caves the whole +district was once infested with smugglers. The promontory of St Abb's +Head is 3 m. to the N.W. + + + + +EYLAU (_Preussisch-Eylau_), a town of Germany, in east Prussia, on the +Pasmar, 23 m. S. by E. Of Konigsberg by rail on the line +Pillau-Prostken. It has an Evangelical church, a teachers' seminary, a +hospital, foundries and saw mills. Pop. 3200. Eylau was founded in 1336 +by Arnolf von Eilenstein, a knight of the Teutonic Order. It is famous +as the scene of a battle between the army of Napoleon and the Russians +and Prussians commanded by General Bennigsen, fought on the 8th of +February 1807. + +The battle was preceded by a severe general engagement on the 7th. The +head of Napoleon's column (cavalry and infantry), advancing from the +south-west, found itself opposed at the outlet of the Grunhofchen defile +by a strong Russian rearguard which held the (frozen) lakes on either +side of the Eylau road, and attacked at once, dislodging the enemy after +a sharp conflict. The French turned both wings of the enemy, and +Bagration, who commanded the Russian rearguard, retired through Eylau to +the main army, which was now arrayed for battle east of Eylau. Barclay +de Tolly made a strenuous resistance in Eylau itself, and in the +churchyard, and these localities changed hands several times before +remaining finally in possession of the French. It is very doubtful +whether Napoleon actually ordered this attack upon Eylau, and it is +suggested that the French soldiers were encouraged to a premature +assault by the hope of obtaining quarters in the village. There is, +however, no reason to suppose that this attack was prejudicial to +Napoleon's chance of success, for his own army was intended to pin the +enemy in front, while the outlying "masses of manoeuvre" closed upon his +flanks and rear (see NAPOLEONIC CAMPAIGNS). In this case the vigour of +the "general advanced guard" was superfluous, for Bennigsen stood to +fight of his own free will. + +The foremost line of the French bivouacs extended, from Rothenen to +Freiheit, but a large proportion of the army spent the night in quarters +farther back. The Russian army on the other hand spent the night +bivouacked in order of battle, the right at Schloditten and the left at +Serpallen. The cold was extreme, 2 deg. F. being registered in the early +morning, and food was scarce in both armies. The ground was covered at +the time of battle with deep snow, and all the lakes and marshes were +frozen, so that troops of all arms could pass everywhere, so far as the +snow permitted. Two of Napoleon's corps (Davout and Ney) were still +absent, and Ney did not receive his orders until the morning of the 8th. +His task was to descend upon the Russian right, and also to prevent a +Prussian corps under Lestocq from coming on to the battlefield. Davout's +corps advancing from the south-east on Mollwitten was destined for the +attack of Bennigsen's left wing about Serpallen and Klein Sausgarten. In +the meantime Napoleon with his forces at and about Eylau made the +preparations for the frontal attack. His infantry extended from the +windmill, through Eylau, to Rothenen, and the artillery was deployed +along the whole front; behind each infantry corps and on the wings stood +the cavalry. The Guard was in second line south of Eylau, and an army +reserve stood near the Waschkeiten lake. Bennigsen's army was drawn up +in line from Schloditten to Klein Sausgarten, the front likewise covered +by guns, in which arm he was numerically much superior. A detachment +occupied Serpallen. + +The battle opened in a dense snowstorm. About 8 A.M. Bennigsen's guns +opened fire on Eylau, and after a fierce but undecided artillery fight +the French delivered an infantry attack from Eylau. This was repulsed +with heavy losses, and the Russians advanced towards the windmill in +force. Thereupon Napoleon ordered his centre, the VII. corps of Augereau +to move forward from the church against the Russian front, the division +of St Hilaire on Augereau's right participating in the attack. If we +conceive of this first stage of the battle as the action of the "general +advanced guard," Augereau must be held to have overdone his part. The +VII. corps advanced in dense masses, but in the fierce snowstorm lost +its direction. St Hilaire attacked directly and unsupported; Augereau's +corps was still less fortunate. Crossing obliquely the front of the +Russian line, as if making for Schloditten, it came under a _feu +d'enfer_ and was practically annihilated. In the confusion the Russian +cavalry charged with the utmost fury downhill and with the wind behind +them. Three thousand men only out of about fourteen thousand appeared at +the evening parade of the corps. The rest were killed, wounded, +prisoners or dispersed. The marshal and every senior officer was amongst +the killed and wounded, and one regiment, the 14th of the Line, cut off +in the midst of the Russians and refusing to surrender, fell almost to a +man. The Russian counterstroke penetrated into Eylau itself and Napoleon +himself was in serious danger. With the utmost coolness, however, he +judged the pace of the Russian advance and ordered up a battalion of the +Guard at the exact moment required. In the streets of Eylau the Guard +had the Russians at their mercy, and few escaped. Still the situation +for the French was desperate and the battle had to be maintained at all +costs. Napoleon now sent forward the cavalry along the whole line. In +the centre the charge was led by Murat and Bessieres, and the Russian +horsemen were swept off the field. The Cuirassiers under D'Hautpoult +charged through the Russian guns, broke through the first line of +infantry and then through the second, penetrating to the woods of +Anklappen. + +[Illustration: Map of Eylau.] + +The shock of a second wave of cavalry broke the lines again, and though +in the final retirement the exhausted troopers lost terribly, they had +achieved their object. The wreck of Augereau's and other divisions had +been reformed, the Guard brought up into first line, and, above all, +Davout's leading troops had occupied Serpallen. Thence, with his left in +touch with Napoleon's right (St Hilaire), and his right extending +gradually towards Klein Sausgarten, the marshal pressed steadily upon +the Russian left, rolling it up before him, until his right had reached +Kutschitten and his centre Anklappen. By that time the troops under +Napoleon's immediate command, pivoting their left on Eylau church, had +wheeled gradually inward until the general line extended from the +church to Kutschitten. The Russian army was being driven westward, when +the advance of Lestocq gave them fresh steadiness. The Prussian corps +had been fighting a continuous flank-guard action against Marshal Ney to +the north-west of Althof, and Lestocq had finally succeeded in +disengaging his main body, Ney being held up at Althof by a small +rearguard, while the Prussians, gathering as they went the fugitives of +the Russian army, hastened to oppose Davout. The impetus of these fresh +troops led by Lestocq and his staff-officer Scharnhorst was such as to +check even the famous divisions of Davout's corps which had won the +battle of Auerstadt single-handed. The French were now gradually forced +back until their right was again at Sausgarten and their centre on the +Kreege Berg. + +Both sides were now utterly exhausted, for the Prussians also had been +marching and fighting all day against Ney. The battle died away at +nightfall, Ney's corps being unable effectively to intervene owing to +the steadiness of the Prussian detachment left to oppose him, and the +extreme difficulty of the roads. A severe conflict between the Russian +extreme right and Ney's corps which at last appeared on the field at +Schloditten ended the battle. Bennigsen retreated during the night +through Schmoditten, Lestocq through Kutschitten. The numbers engaged in +the first stage of the battle may be taken as--Napoleon, 50,000, +Bennigsen, 67,000, to which later were added on the one side Ney and +Davout, 29,000, on the other Lestocq, 7000. The losses were roughly, +15,000 men to the French, 18,000 to the Allies, or 21 and 27% +respectively of the troops actually engaged. The French lost 5 eagles +and 7 other colours, the Russians 16 colours and 24 guns. + + + + +EYRA (_Felis eyra_), a South American wild cat, of weasel-like build, +and uniform coloration, varying in different individuals from +reddish-yellow to chestnut. It is found in Brazil, Guiana and Paraguay, +and extends its range to the Rio del Norte, but is rare north of the +isthmus of Panama. Little is known of its habits in a wild state, beyond +the fact that it is a forest-dweller, active in movement and fierce in +disposition. Several have been exhibited in the London Zoological +Gardens, and some have grown gentle in captivity. Don Felix de Azara +wrote of one which he kept on a chain that it was "as gentle and playful +as any kitten could be." The name is sometimes applied to the +jaguarondi. + + + + +EYRE, EDWARD JOHN (1815-1901), British colonial governor, the son of a +Yorkshire clergyman, was born on the 5th of August 1815. He was intended +for the army, but delays having arisen in producing a commission, he +went out to New South Wales, where he engaged in the difficult but very +necessary undertaking of transporting stock westward to the new colony +of South Australia, then in great distress, and where he became +magistrate and protector of the aborigines, whose interests he warmly +advocated. Already experienced as an Australian traveller, he undertook +the most extensive and difficult journeys in the desert country north +and west of Adelaide, and after encountering the greatest hardships, +proved the possibility of land communication between South and West +Australia. In 1845 he returned to England and published the narrative of +his travels. In 1846 he was appointed lieutenant-governor of New +Zealand, where he served under Sir George Grey. After successively +governing St Vincent and Antigua, he was in 1862 appointed +acting-governor of Jamaica and in 1864 governor. In October 1865 a negro +insurrection broke out and was repressed with laudable vigour, but the +unquestionable severity and alleged illegality of Eyre's subsequent +proceedings raised a storm at home which induced the government to +suspend him and to despatch a special commission of investigation, the +effect of whose inquiries, declared by his successor, Sir John Peter +Grant, to have been "admirably conducted," was that he should not be +reinstated in his office. The government, nevertheless, saw nothing in +Eyre's conduct to justify legal proceedings; indictments preferred by +amateur prosecutors at home against him and military officers who had +acted under his direction, resulted in failure, and he retired upon the +pension of a colonial governor. As an explorer Eyre must be classed in +the highest rank, but opinions are always likely to differ as to his +action in the Jamaica rebellion. He died on the 30th of November 1901. + + + + +EYRE, SIR JAMES (1734-1799), English judge, was the son of the Rev. +Thomas Eyre, of Wells, Somerset. He was educated at Winchester College +and at St John's College, Oxford, which, however, he left without taking +a degree. He was called to the bar at Gray's Inn in 1755, and commenced +practice in the lord mayor's and sheriffs' courts, having become by +purchase one of the four counsel to the corporation of London. He was +appointed recorder of London in 1763. He was counsel for the plaintiff +in the case of _Wilkes_ v. _Wood_, and made a brilliant speech in +condemnation of the execution of general search warrants. His refusal to +voice the remonstrances of the corporation against the exclusion of +Wilkes from parliament earned him the recognition of the ministry, and +he was appointed a judge of the exchequer in 1772. From June 1792 to +January 1793 he was chief commissioner of the great seal. In 1793 he was +made chief justice of the common pleas, and presided over the trials of +Horne Tooke, Thomas Crosfield and others, with great ability and +impartiality. He died on the 1st of July 1799 and was buried at +Ruscombe, Berkshire. + + See Howell, _State Trials_, xix. (1154--1155); Foss, _Lives of the + Judges_. + + + + +EYRIE, the alternative English form of the words Aerie or Aery, the +lofty nest of a bird of prey, especially of an eagle, hence any lofty +place of abode; the term is also used of the brood of the bird. The word +derives from the Fr. _aire_, of the same meaning, which comes from the +Lat. _area_, an open space, but was early connected with _aerius_, high +in the air, airy, a confusion that has affected the spelling of the +word. The forms "eyrie" or "eyry" date from a 17th century attempt to +derive the word from the Teutonic _ey_, an egg. + + + + +EZEKIEL ([Hebrew: Ihezkel], "God strengthens" or "God is strong"; Sept. +[Greek: Iezekiel]; Vulg. Ezechiel), son of Buzi, one of the most +vigorous and impressive of the older Israelite thinkers. He was a priest +of the Jerusalem temple, probably a member of the dominant house of +Zadok, and doubtless had the literary training of the cultivated +priesthood of the time, including acquaintance with the national +historical, legal and ritual traditions and with the contemporary +history and customs of neighbouring peoples. In the year 597 (being +then, probably, not far from thirty years of age) he was carried off to +Babylonia by Nebuchadrezzar with King Jehoiachin and a large body of +nobles, military men and artisans, and there, it would seem, he spent +the rest of his life. His prophecies are dated from this year ("our +captivity," xl. 1), except in i. 1, where the meaning of the date +"thirtieth year" is obscure; it cannot refer to his age (which would be +otherwise expressed in Hebrew), or to the reform of Josiah, 621 (which +is not elsewhere employed as an epoch); possibly the reference is to the +era of Nabopolassar (626 according to the Canon of Ptolemy), if +chronological inexactness be supposed (34 or 33 years instead of 30), a +supposition not at all improbable. That the word "thirtieth" is old, +appears from the fact that a scribe has added a gloss (vv. 2, 3) to +bring this statement into accord with the usual way of reckoning in the +book: the "thirtieth" year, he explains, is the fifth year of the +captivity of Jehoiachin. The exiles dwelt at Tell-abib ("Hill of the +flood"), one of the mounds or ruins made by the great floods that +devastated the country,[1] near the "river" Chebar (Kebar), probably a +large canal not far south of the city of Babylon. Here they had their +own lands, and some form of local government by elders, and appear to +have been prosperous and contented; probably the only demand made on +them by the Babylonian government was the payment of taxes. + +Ezekiel was married (xxiv. 18), had his own house, and comported himself +quietly as a Babylonian subject. But he was a profoundly interested +observer of affairs at home and among the exiles: as patriot and +ethical teacher he deplored alike the political blindness of the +Jerusalem government (King Zedekiah revolted in 588) and the immorality +and religious superficiality and apostasy of the people. He, like +Jeremiah, was friendly to Nebuchadrezzar, regarding him as Yahweh's +instrument for the chastisement of the nation. Convinced that opposition +to Babylonian rule was suicidal, and interpreting historical events, in +the manner of the times, as indications of the temper of the deity, he +held that the imminent political destruction of the nation was proof of +Yahweh's anger with the people on account of their moral and religious +depravity; Jerusalem was hopelessly corrupt and must be destroyed +(xxiv.). On the other hand, he was equally convinced that, as his +predecessors had taught (Hos. xi. 8, 9; Isa. vii. 3 al.), Yahweh's love +for his people would not suffer them to perish utterly--a remnant would +be saved, and this remnant he naturally found in the exiles in +Babylonia, a little band plucked from the burning and kept safe in a +foreign land till the wrath should have passed (xi. 14 ff.). This +conception of the exiles as the kernel of the restored nation he further +set forth in the great vision of ch. i., in which Yahweh is represented +as leaving Jerusalem and coming to take up his abode among them in +Babylonia for a time, intending, however, to return to his own city +(xliii. 7). + +This, then, was Ezekiel's political creed--destruction of Jerusalem and +its inhabitants, restoration of the exiles, and meantime submission to +Babylon. His arraignment of the Judeans is violent, almost malignant +(vi. xvi. al.). The well-meaning but weak king Zedekiah he denounces +with bitter scorn as a perjured traitor (xvii). He does not discuss the +possibility of successful resistance to the Chaldeans; he simply assumes +that the attempt is foolish and wicked, and, like other prophets, he +identifies his political programme with the will of God. Probably his +judgment of the situation was correct; yet, in view of Sennacherib's +failure at Jerusalem in 701 and of the admitted strength of the city, +the hope of the Jewish nobles could not be considered wholly unfounded, +and in any case their patriotism (like that of the national party in the +Roman siege) was not unworthy of admiration. The prophet's predictions +of disaster continued, according to the record, up to the investment of +the city by the Chaldean army in 588 (i.-xxiv.); after the fall of the +city (586) his tone changed to one of consolation (xxxiii.-xxxix.)--the +destruction of the wicked mass accomplished, he turned to the task of +reconstruction. He describes the safe and happy establishment of the +people in their own land, and gives a sketch of a new constitution, of +which the main point is the absolute control of public religion by the +priesthood (xl.-xlviii.). + +The discourses of the first period (i.-xxiv.) do not confine themselves +to political affairs, but contain much interesting ethical and religious +material. The picture given of Jerusalemite morals is an appalling one. +Society is described as honeycombed with crimes and vices; prophets, +priests, princes and the people generally are said to practise +unblushingly extortion, oppression, murder, falsehood, adultery (xxii.). +This description is doubtless exaggerated. It may be assumed that the +social corruption in Jerusalem was such as is usually found in wealthy +communities, made bolder in this case, perhaps, by the political unrest +and the weakness of the royal government under Zedekiah. No such charges +are brought by the prophet against the exiles, in whose simple life, +indeed, there was little or no opportunity for flagrant violation of +law. Ezekiel's own moral code is that of the prophets, which insists on +the practice of the fundamental civic virtues. He puts ritual offences, +however, in the same category with offences against the moral law, and +he does not distinguish between immorality and practices that are +survivals of old recognized customs: in ch. xxii. he mentions "eating +with the blood"[2] along with murder, and failure to observe ritual +regulations along with oppression of the fatherless and the widow; the +old customary law permitted marriage with a half-sister (father's +daughter), with a daughter-in-law, and with a father's wife (Gen. xx. +12, xxxviii. 26; 2 Sam. xvi. 21, 22), but the more refined feeling of +the later time frowned on the custom, and Ezekiel treats it as +adultery.[3] However, notwithstanding the insistence on ritual, natural +in a priest, his moral standard is high; following the prescription of +Ex. xxii. 21 [20] he regards oppression of resident aliens (a class that +had not then received full civil rights) as a crime (xxii. 7), and in +his new constitution (xlvii. 22, 23) gives them equal rights with the +homeborn. His strongest denunciation is directed against the religious +practices of the time in Judea--the worship of the Canaanite local +deities (the Baals), the Phoenician Tammuz, and the sun and other +Babylonian and Assyrian gods (vi., viii., xvi., xxiii.); he maintained +vigorously the prophetic struggle for the sole worship of Yahweh. +Probably he believed in the existence of other gods, though he does not +express himself clearly on this point; in any case he held that the +worship of other deities was destructive to Israel. His conception of +Yahweh shows a mingling of the high and the low. On the one hand, he +regards him as supreme in power, controlling the destinies of Babylonia +and Egypt as well as those of Israel, and as inflexibly just in dealing +with ordinary offences against morality. But he conceives of him, on the +other hand, as limited locally and morally--as having his special abode +in. the Jerusalem temple, or elsewhere in the midst of the Israelite +people, and as dealing with other nations solely in the interests of +Israel. The bitter invectives against Ammon, Moab, Edom, Philistia, +Tyre, Sidon and Egypt, put into Yahweh's mouth, are based wholly on the +fact that these peoples are regarded as hostile and hurtful to Israel; +Babylonia, though nowise superior to Egypt morally, is favoured and +applauded because it is believed to be the instrument for securing +ultimately the prosperity of Yahweh's people. The administration of the +affairs of the world by the God of Israel is represented, in a word, as +determined not by ethical considerations but by personal preferences. +There is no hint in Ezekiel's writings of the grandiose conception of +Isa. xl.-lv., that Israel's mission is to give the knowledge of +religious truth to the other nations of the world; he goes so far as to +say that Yahweh's object in restoring the fortunes of Israel is to +establish his reputation among the nations as a powerful deity (xxxvi. +20-23, xxxvii. 28, xxxix. 23). The prophet regards Yahweh's +administrative control as immediate: he introduces no angels or other +subordinate supernatural agents--the cherubs and the "men" of ix. 2 and +xl. 3 are merely imaginative symbols or representations of divine +activity. His high conception of God's transcendence, it may be +supposed, led him to ignore intermediary agencies, which are common in +the popular literature, and later, under the influence of this same +conception of transcendence, are freely employed. + +The relations between the writings of Ezekiel and those of Jeremiah is +not clear. They have so much in common that they must have drawn from +the same current bodies of thought, or there must have been borrowing in +one direction or the other. In one point, however,--the attitude toward +the ritual--the two men differ radically. The finer mind of the nation, +represented mainly by the prophets from Amos onward, had denounced +unsparingly the superficial non-moral popular cult. The struggle between +ethical religion and the current worship became acute toward the end of +the 7th century. There were two possible solutions of the difficulty. +The ritual books of our Pentateuch were not then in existence, and the +sacrificial cult might be treated with contempt as not authoritative. +This is the course taken by Jeremiah, who says boldly that God requires +only obedience (Jer. vii. 21 ff.). On the other hand the better party +among the priests, believing the ritual to be necessary, might undertake +to moralize it; of such a movement, begun by Deuteronomy, Ezekiel is the +most eminent representative. Priest and prophet, he sought to unify the +national religious consciousness by preserving the sacrificial cult, +discarding its abuses and vitalizing it ethically. The event showed that +he judged the situation rightly--the religious scheme announced by him, +though not accepted in all its details, became the dominant policy of +the later time, and he has been justly called "the father of Judaism." +He speaks as a legislator, citing no authority; but he formulates, +doubtless, the ideas and perhaps the practices of the Jerusalem +priesthood. His ritual code (xliii.-xlvi.), which in elaborateness +stands midway between that of Deuteronomy and that of the middle books +of the Pentateuch (resembling most nearly the code of Lev. xvii.-xxvi.) +shows good judgment. Its most noteworthy features are two. Certain +priests of idolatrous Judean shrines (distinguished by him as "Levites") +he deprives of priestly functions, degrading them to the rank of temple +menials; and he takes from the civil ruler all authority over public +religion, permitting him merely to furnish material for sacrifices. He +is, however, much more than a ritual reformer. He is the first to +express clearly the conception of a sacred nation, isolated by its +religion from all others, the guardian of divine law and the abode of +divine majesty. This kingdom of God he conceives of as moral: Yahweh is +to put his own spirit into the people,[4] creating in them a disposition +to obey his commandments, which are moral as well as ritual (xxxvi. 26, +27). The conception of a sacred nation controlled the whole succeeding +Jewish development; if it was narrow in its exclusive regard for Israel, +its intensity saved the Jewish religion to the world. + +_Text and Authorship._--The Hebrew text of the book of Ezekiel is not in +good condition--it is full of scribal inaccuracies and additions. Many +of the errors may be corrected with the aid of the Septuagint (e.g. the +430--390 + 40--of iv. 5, 6 is to be changed to 190), and none of them +affect the general thought. The substantial genuineness of the +discourses is now accepted by the great body of critics. The Talmudic +tradition (_Baba Bathra_ 14b) that the men of the Great Synagogue +"wrote" Ezekiel, may refer to editorial work by later scholars.[5] There +is no validity in the objections of Zunz (_Gottesdienstl. Vortr._) that +the specific prediction concerning Zedekiah (xii. 12 f.) is +non-Prophetic, and that the drawing-up of a new constitution soon after +the destruction of the city and the mention of Noah, Daniel, Job and +Persia are improbable. The prediction in question was doubtless added by +Ezekiel after the event; the code belongs precisely in his time, and the +constitution was natural for a priest; Noah, Daniel and Job are old +legendary Hebrew figures; and it is not probable that the prophet's +"Paras" is our "Persia." Havet's contention (in _La Modernite des +prophetes_) that Gog represents the Parthians (40 B.C.) has little or +nothing in its support. There are additions made _post eventum_, as in +the case mentioned above and in xxix. 17-20, and the description of the +commerce of Tyre (xxvii. 9b-25a), which interrupts the comparison of the +city to a ship, looks like an insertion whether by the prophet or by +some other; but there is no good reason to doubt that the book is +substantially the work of Ezekiel. Ezekiel's style is generally +impetuous and vigorous, somewhat smoother in the consolatory discourses +(xxxiv., xxxvi., xxxvii.); he produces a great effect by the cumulation +of details, and is a master of invective; he is fond of symbolic +pictures, proverbs and allegories; his "visions" are elaborate literary +productions, his prophecies show less spontaneity than those of any +preceding prophet (he receives his revelations in the form of a book, +ii. 9), and in their present shape were hardly pronounced in public--a +fact that seems to be hinted at in the statement that he was "dumb" till +the fall of Jerusalem (iii. 26, xxxiii. 22); in private interviews the +people did not take him seriously (xxxiii. 30-33). His book was accepted +early as part of the sacred literature: Ben-Sira (c. 180 B.C.) mentions +him along with Isaiah and Jeremiah (Ecclus. xlix. 8); he is not quoted +directly in the New Testament, but his imagery is employed largely in +the Apocalypse and elsewhere. His divergencies from the Pentateuchal +code gave rise to serious doubts, but, after prolonged study, the +discrepancies were explained, and the book was finally canonized (Shab. +13b). According to Jerome (Preface to _Comm. on Ezek._) the Jewish +youth were forbidden to read the mysterious first chapter (called the +_markaba_, the "chariot") and the concluding section (xl.-xlviii.) till +they reached the age of thirty years. + + The book divides itself naturally into three parts: the arraignment of + Jerusalem (i.-xxiv.); denunciation of foreign enemies (xxv.-xxxii.); + consolatory construction of the future (xxxiii.-xlviii.). The opening + "vision" (i.), an elaborate symbolic picture, is of the nature of a + general preface, and was composed probably late in the prophet's life. + Out of the north (the Babylonian sacred mountain) comes a bright + cloud, wherein appear four Creatures (formed on the model of + Babylonian composite figures), each with four faces (man, lion, bull, + eagle) and attended by a wheel; the wheels are full of eyes, and move + straight forward, impelled by the spirit dwelling in the Creatures + (the spirit of Yahweh). Supported on their heads is something like a + crystalline firmament, above which is a form like a sapphire throne + (cf. Ex. xxiv. 10), and on the throne a man-like form (Yahweh) + surrounded by a rainbow brightness. The wheels symbolize divine + omniscience and control, and the whole vision represents the coming of + Yahweh to take up his abode among the exiles. The prophet then + receives his call (ii., iii.) in the shape of a roll of a book, which + he is required to eat (an indication of the literary form now taken by + prophecy). He is informed that the people to whom he is sent are + rebellious and stiff-necked (this indicates his opinion of the people, + and gives the keynote of the following discourses); he is appointed + watchman to warn men when they sin, and is to be held responsible for + the consequences if he fail in this duty. To this high conception of a + preacher's function the prophet was faithful throughout his career. + Next follow minatory discourses (iv.-vii.) predicting the siege and + capture of Jerusalem-perhaps revised after the event. There are + several symbolic acts descriptive of the siege. One of these (iv. 4 + ff.) gives the duration of the national punishment in loose + chronological reckoning: 40 years (a round number) for Judah, and 150 + more (according to the corrected text) for Israel, the starting-point, + probably, being the year 722, the date of the capture of Samaria; the + procedure described in v. 8 is not to be understood literally. In vi. + the idolatry of the nation is pictured in darkest colours. Next + follows (viii.-xi.) a detailed description, in the form of a vision, + of the sin of Jerusalem: within the temple-area elders and others are + worshipping beast-forms, Tammuz and the sun (probably actual cults of + the time); [6] men approach to defile the temple and slay the + inhabitants of the city (ix.). In ch. x. the imagery of ch. i. + reappears, and the Creatures are identified with the cherubs of + Solomon's temple. This appears to be an independent form of the + vision, which has been brought into connexion with that of i. by a + harmonizing editor. There follow a symbolic prediction of the exile + (xii.) and a denunciation of non-moral prophets and prophetesses + (xiii.)--though Yahweh deceive a prophet, yet he and those who consult + him will be punished; and so corrupt is the nation that the presence + of a few eminently good men will not save it (xiv.).[7] After a + comparison of Israel to a worthless wild vine (xv.) come two + allegories, one portraying idolatrous Jerusalem as the unfaithful + spouse of Yahweh (xvi.), the other describing the fate of Zedekiah + (xvii.). The fine insistence on individual moral responsibility in + xviii. (cf. Deut. xxiv. 16, Jer. xxxi. 29 f.), while it is a protest + against a superficial current view, is not to be understood as a + denial of all moral relations between successive generations. This + latter question had not presented itself to the prophet's mind; his + object was simply to correct the opinion of the people that their + present misfortunes were due not to their own faults but to those of + their predecessors. A more sympathetic attitude appears in two elegies + (xix.), one on the kings Jehoahaz and Jehoiachin, the other on the + nation. These are followed by a scathing sketch of Israel's religious + career (xx. 1-26), in which, contrary to the view of earlier prophets, + it is declared that the nation had always been disobedient. From this + point to the end of xxiv. there is a mingling of threat and + promise.[8] The allegory of xxiii. is similar to that of xvi., except + that in the latter Samaria is relatively treated with favour, while in + the former it (Aholah) is involved in the same condemnation as that of + Jerusalem. At this point is introduced (xxv.-xxxii.) the series of + discourses directed against foreign nations. The description of the + king of Tyre (xxviii. 11-19) as dwelling in Eden, the garden of God, + the sacred mountain, under the protection of the cherub, bears a + curious resemblance to the narrative in Gen. ii., iii., of which, + however, it seems to be independent, using different Babylonian + material; the text is corrupt. The section dealing with Egypt is one + of remarkable imaginative power and rhetorical vigour: the king of + Egypt is compared to a magnificent cedar of Lebanon (in xxxi. 3 read: + "there was a cedar in Lebanon") and to the dragon of the Nile, and the + picture of his descent into Sheol is intensely tragic. Whether these + discourses were all uttered between the investment of Jerusalem and + its fall, or were here inserted by Ezekiel or by a scribe, it is not + possible to say. In xxxiii. the function of the prophet as watchman is + described at length (expansion of the description in iii.) and the + news of the capture of the city is received. The following chapters + (xxxiv.-xxxix.) are devoted to reconstruction: Edom, the detested + enemy of Israel, is to be crushed; the nation, politically raised from + the dead, with North and South united (xxxvii.), is to be established + under a Davidide king; a final assault, made by Gog, is to be + successfully met,[9] and then the people are to dwell in their own + land in peace for ever; this Gog section is regarded by some as the + beginning of Jewish apocalyptic writing. In the last section + (xl.-xlviii.), put as a vision, the temple is to be rebuilt, in + dimensions and arrangements a reproduction of the temple of Solomon + (cf. I Kings vi., vii.), the sacrifices and festivals and the + functions of priests and prince are prescribed, a stream issuing from + under the temple is to vivify the Dead Sea and fertilize the land + (this is meant literally), the land is divided into parallel strips + and assigned to the tribes. The prophet's thought is summed up in the + name of the city: _Yahweh Shammah_, "Yahweh is there," God dwelling + for ever in the midst of his people. + + LITERATURE.--For the older works see the _Introductions_ of J.G. + Carpzov (1757) and C.H.H. Wright (1890). For _legends_: + Pseud.-Epiphan., _De vit. prophet._; Benjamin of Tudela, Itin.; + Hamburger, _Realencycl._; _Jew. Encycl._ On the Hebrew text; C.H. + Cornill, _Ezechiel_ (1886) (very valuable for text and ancient + versions); H. Graetz, _Emendationes_ (1893).; C.H. Toy, "Text of + Ezek." (1899) in Haupt's _Sacred Books of the Old Test._ Commentaries: + F. Hitzig (1847); H. Ewald (1868); E. Reuss (French ed., 1876; Germ, + ed., 1892); Currey (1876) in _Speaker's Comm._; R. Smend (revision of + Hitzig) (1880) in _Kurzgefasst. exeget. Handbuch_; A.B. Davidson + (1882) in Cambr. _Bible for Schools_; J. Skinner (1895) in _Expos. + Bible_; A. Bertholet (1897) in Marti's _Kurz. Hand-Comm._; C.H. Toy + (1899) in Haupt's _Sacr. Bks._ (Eng. ed.); R. Kraetzschmar (1900) in + W. Nowack's _Handkommentar_. See also Duhm, _Theol. d. Propheten_ + (1875); A. Kuenen, _Prophets and Prophecy_ (1877); Gautier, _La + Mission du prophete Ezechiel_ (1891); Montefiore, _Hibbert Lectures_ + (1892); A. Bertholet, _Der Verfassungsentwurf des Hesekiel_ (1896); + articles in Herzog-Hauck, _Realencykl._; Hastings, _Bibl. Dict._; + Cheyne, _Encycl. Bibl., Jew. Encycl._; F. Bleek, _Introd._ (Eng. tr., + 1875), and Bleek-Wellhausen (Germ.) (1878); Wildeboer, _Letterkunde d. + Oud. Verbonds_ (1893), and Germ, transl., _Litt. d. Alt. Test._; + Perrot and Chipiez, _Hist. de l'art_, &c., in which, however, the + restoration of Ezekiel's temple (by Chipiez) is probably + untrustworthy. (C. H. T.*) + + +FOOTNOTES: + + [1] The Assyrian term _abubu_ is used of the great primeval deluge + (in the Gilgamesh epic), and also of the local floods common in the + country. + + [2] So we must read (as Robertson Smith has pointed out) in xxii. 9 + and xviii. 6, instead of "eating on the mountains." + + [3] The stricter marriage law is formulated in Lev. xviii. 8-15, xx. + 11 ff. + + [4] Yahweh's spirit, thought of as Yahweh's vital principle, as man's + spirit is man's vital principle, is to be breathed into them, as, in + Gen. ii. 7, Yahweh breathes his own breath into the lifeless body. + The spirit in the Old Testament is a refined material thing that may + come or be poured out on men. + + [5] The "Great Synagogue" is semi-mythical. + + [6] In viii. 17 the unintelligible expression "they put the branch to + their nose" is the rendering of a corrupt Hebrew text; a probable + emendation is: "they are sending a stench to my nostrils." + + [7] The legendary figure of Daniel (xiv. 14) is later taken by the + author of the book of Daniel as his hero. + + [8] For a reconstruction of the poem in xxi. 10, 11, see the English + Ezekiel in Haupt's _Sacred Books_. + + [9] Gog probably represents a Scythian horde (though such an invasion + never took place)--certainly not Alexander the Great, who would have + been called "king of Greece," and would have been regarded not as an + enemy but as a friend. + + + + +EZRA (from a Hebrew word meaning "help"), in the Bible, the famous +scribe and priest at the time of the return of the Jews in the reign of +the Persian king Artaxerxes I. (458 B.C.). His book and that of Nehemiah +form one work (see EZRA AND NEHEMIAH, BOOKS OF), apart from which we +have little trustworthy evidence as to his life. Even in the beginning +of the 2nd century B.C., when Ben Sira praises notable figures of the +exilic and post-exilic age (Zerubbabel, Jeshua and Nehemiah), Ezra is +passed over (Ecclesiasticus xlix. 11-13), and he is not mentioned in a +still later and somewhat fanciful description of Nehemiah's work (2 +Macc. i. 18-36). Already well known as a scribe, Ezra's labours were +magnified by subsequent tradition. He was regarded as the father of the +scribes and the founder of the Great Synagogue. According to the +apocryphal fourth book of Ezra (or 2 Esdras xiv.) he restored the law +which had been lost, and rewrote all the sacred records (which had been +destroyed) in addition to no fewer than seventy apocryphal works. The +former theory recurs elsewhere in Jewish tradition, and may be +associated with the representation in Ezra-Nehemiah which connects him +with the law. But the story of his many literary efforts, like the more +modern conjecture that he closed the canon of the Old Testament, rests +upon no ancient basis. + + See BIBLE, sect. Old Testament (Canon and Criticism); JEWS (history, + S21 seq.). The apocryphal books, called 1 and 2 Esdras (the Greek form + of the name) in the English Bible, are dealt with below as EZRA, THIRD + BOOK OF, and EZRA, FOURTH BOOK OF, while the canonical book of Ezra is + dealt with under EZRA AND NEHEMIAH. + + + + +EZRA, THIRD BOOK OF [1 _Esdras_]. The titles of the various books of the +Ezra literature are very confusing. The Greek, the Old Latin, the +Syriac, and the English Bible from 1560 onwards designate this book as +1 Esdras, the canonical books Ezra and Nehemiah being 2 Esdras in the +Greek. In the Vulgate, however, our author was, through the action of +Jerome, degraded into the third place and called 3 Esdras, whereas the +canonical books _Ezra_ and _Nehemiah_ (see EZRA AND NEHEMIAH, BOOKS OF, +below) were called 1 and 2 Esdras, and the Apocalypse of Ezra 4 Esdras. +Thus the nomenclature of our book follows, and possibly wrongly, the +usage of the Vulgate.[1] In the Ethiopic version a different usage +prevails. The Apocalypse is called 1 Esdras, our author 2 Esdras, and +Ezra and Nehemiah 3 Esdras, or 3 and 4 Esdras. Throughout this article +we shall use the best attested designation of this book, i.e. 1 Esdras. + +_Contents._--With the exception of one original section, namely, that of +Darius and the three young men, our author contains essentially the same +materials as the canonical Ezra and some sections of 2 Chronicles and +Nehemiah. To the various explanations of this phenomenon we shall recur +later. The book may be divided as follows (the verse division is that of +the Cambridge LXX):-- + + Chap. i. = 2 Chron. xxxv. 1-xxxvi. 21.--Great passover of Josiah; his + death at Megiddo. His successors down to the destruction of Jerusalem + and the Captivity. (Verses i. 21-22 are not found elsewhere, though + the LXX of 2 Chron. xxxv. 20 exhibits a very distant parallel.) + + Chap. ii. 1-14 = Ezra i.--The edict of Cyrus. Restoration of the + sacred vessels through Sanabassar to Jerusalem. + + Chap. ii. 15-25 = Ezra iv. 6-24.--First attempt to rebuild the Temple: + opposition of the Samaritans. Decree of Artaxerxes: work abandoned + till the second year of Darius. + + Chap. iii. 1-v. 6.--This section is peculiar to our author. The + contest between the three pages waiting at the court of Darius and the + victory of the Jewish youth "Zerubbabel," to whom as a reward Darius + decrees the return of the Jews and the restoration of the Temple and + worship. Partial list of those who returned with "Joachim, son of + Zerubbabel." + + Chap. v. 7-70 = Ezra ii.-iv. 5.--List of exiles who returned with + Zerubbabel. Work on the Temple begun. Offer of the Samaritans' + co-operation rejected. Suspension of the work through their + intervention till the reign of Darius. + + Chap. vi. 1-vii. 9 = Ezra v. 1-vi. 18.--Work resumed in the second + year of Darius. Correspondence between Sisinnes and Darius with + reference to the building of the Temple. Darius' favourable decree. + Completion of the work by Zerubbabel. + + Chap. vii. 10-15 =Ezra vi. 19-22.--Celebration of the completion of + the Temple. + + Chap. viii. 1-ix. 36 = Ezra vii.-x.--Return of the exiles under Ezra. + Mixed marriages forbidden. + + Chap. ix. 37-55 = Nehemiah vii. 73-viii. 12.--The reading of the Law. + +Thus, apart from iii. 1-v. 3, which gives an account of the pages' +contest, the contents of the book are doublets of the canonical Ezra and +portions of 2 Chronicles and Nehemiah. The beginning of the book seems +imperfect, with its abrupt opening "And Josiah held the passover": its +conclusion is mutilated, as it breaks off in the middle of a sentence. +As Thackeray suggests, it probably continued the history of the feast of +Tabernacles described in Neh. viii.--a view that is supported by Joseph. +_Ant_. xi. 5. 5, "who describes that feast using an Esdras word [Greek: +epanorthosis] and ... having hitherto followed Esdras as his authority +passes on to the Book of Nehemiah." + +_Claims to Canonicity._--It would seem that even greater value was +attached to 1 Esdras than to the Hebrew Ezra. (1) For in the best MSS. +(BA) it stands before 2 Esdras--the verbal translation of the Hebrew +Ezra and Nehemiah. (2) It is used by Josephus, who in fact does not seem +aware of the existence of 2 Esdras. (3) 1 Esdras is frequently quoted by +the Greek fathers--Clem. Alex., Origen, Eusebius, and by the +Latin--Tertullian, Cyprian, Augustine. The adverse judgment of the +church is due to Jerome, who, from his firm attachment to the Hebrew Old +Testament, declined to translate the "dreams" of 3 and 4 Esdras. This +judgment influenced alike the Council of Trent and the Lutheran church +in Germany; for Luther also refused to translate Esdras and the +Apocalypse of Ezra. + +_Origin and Relation to the Canonical Ezra._--Various theories have been +given as to the relation of the book and the canonical Ezra. + +1. Some scholars, as Keil, Bissell and formerly Schurer, regarded 1 +Esdras as a free compilation from the Greek of 2 Esdras (2 Chron. and +Ezra-Nehemiah). This theory has now given place to others more accordant +with the facts of the case. + +2. Others, as Ewald, _Hist. of Isr._ v. 126-128, and Thackeray in +Hastings' _Bible Dictionary_, assume a lost Greek version of Chronicles, +Ezra and Nehemiah, from which were derived 1 Esdras--a free redaction of +the former and 2 Esdras. Thackeray claims that we have "a satisfactory +explanation of the coincidences in translation and deviation from the +Hebrew in 1 Esdras and 2 Esdras, if we suppose both are to some extent +dependent on a lost Greek original." But later in the same article +Thackeray is compelled to modify this view and admit that 1 Esdras is +not a mere redaction of a no longer extant version of the canonical +books, but shows not only an independent knowledge of the Hebrew text +but also of a Hebrew text superior in not a few passages to the +Massoretic text, where 2 Esdras gives either an inaccurate version or a +version reproducing the secondary Massoretic text. + +3. Others like Michaelis, Trendelenburg, Pohlmann, Herzfeld, Fritzsche +hold it to be a direct and independent translation of the Hebrew. There +is much to be said in favour of this view. It presupposes in reality two +independent recensions of the Hebrew text, such as we cannot reasonably +doubt existed at one time of the Book of Daniel. Against this it has +been urged that the story of the three pages was written originally in +Greek (Ewald, Schurer, Thackeray). The only grounds for this theory are +the easiness of the Greek style and the paronomasia in iv. 62 [Greek: +hanesin kai haphesin]. But the former is no real objection, and the +latter may be purely accidental. On the other hand there are several +undoubted Semiticisms. Thus we have two instances Of the split relative +[Greek: ou] ... [Greek: autou] iii. 5; [Greek: ou] ... [Greek: ep' auto] +iv. 63 and the phrase pointed out by Fritzsche [Greek: ta dikaia poiei +apo panton] = [Hebrew: asa mishpat min]. It must, however, be admitted +that there are fewer Hebraisms in this section of the book than in the +rest. + +4. Sir H.H. Howorth in the treatises referred to at the close of this +article has shown cogent grounds for regarding 1 Esdras as the original +and genuine Septuagint translation, and 2 Esdras as probably that of +Theodotion. For this view he adduces among others the following grounds: +(i.) Its use by Josephus, who apparently was not acquainted with 2 +Esdras. (ii.) Its precedence of 2 Esdras in the great uncials. (iii.) +Its origin at a time when Chronicles, Ezra and Nehemiah formed a single +work. (iv.) Its preservation of a better Hebrew text in many instances +than 2 Esdras. (v.) The fact that 1 Esdras and the Septuagint of Daniel +go back to one and the same translator, as Dr Gwynn (_Dict. Christ. +Biog._ iv. 977) has pointed out (cf. 1 Esdr. vi. 31, and Dan. ii. 5). + +This contention of Howorth has been accepted by Nestle, Cheyne, +Bertholet, Ginsburg and other scholars, though they regard the question +of an Aramaic original of chapters iii. 1-v. 6 as doubtful. Howorth's +further claim that he has established the historical credibility of the +book as a whole and its chronological accuracy as against the canonical +Ezra has not as yet met with acceptance; but his arguments have not been +fairly met and answered. + +5. Volz (_Encyc. Bibl._ ii. 1490) thinks that the solution of the +problem is to be found in a different direction. The text is of unequal +value, and the inequalities are so great as to exclude the supposition +that the Greek version was produced _aus einem Guss._ iii. 1-v. 3 is an +independent narrative written originally in Greek and itself a composite +production, the praise of truth being an addition, vi. 1-vii. 15, ii. +15-25a is a fragment of an Aramaic narrative. Some in Josephus (_Ant._ +xi. 4. 9) an account of Samaritan intrigues is introduced immediately +after 1 Esdras vii. 15, it is natural to infer that something of the +same kind has fallen out between vi. and ii. 15-25. The Aramaic text +behind 1 Esdras here is better than that behind the canonical Ezra. +Next, viii.-ix. is from the Ezra document (= Ezra vii.-x.; Neh. vii. 73, +viii. 1 sqq.), though implying a different Hebrew text. ii. 1-15; v. +7-73; vii. 2-4, 6-15 are from the Chronicles: likewise i. is from 2 +Chron. xxxv.-vi., 2 Esdras being at the same time before the translator. + +_Date._--The book must be placed between 300 B.C. and A.D. 100, when +it was used by Josephus. It is idle to attempt any nearer limits until +definite conclusions have been reached on the chief problems of the +book. + +_MSS. and Versions._--The book is found in B and A. The latter seems to +have preserved the more ancient form of the text, as it is generally +that followed by Josephus. The Old Latin in two recensions is published +by Sabatier, _Bibliorum sacrorum Latinae versiones antiquae_, iii. +Another Latin translation is given in Lagarde (_Septuag. Studien_, ii., +1892). In Syriac the text is found only in the Syro-Hexaplar of Paul of +Tella (A.D. 616). See Walton's Polyglott. There is also an Ethiopic +version edited by Dillmann (_Bibl. Vet. Test. Aeth_. v., 1894) and an +Armenian. + + LITERATURE.--Exegesis: Fritzsche, _Exeget. Handb. zu den Apokr._ + (1851); Zockler, _Die Apokryphen_, 155-161 (1891); Bissell in + Lange-Schaff's _Comm_. (1880); Lupton in _Speaker's Comm_. (1888); + Ball, notes to 1 Esdr. in the _Variorum Apocrypha_. Introduction and + critical Inquiries: Trendelenburg, "Apocr. Esra," in Eichhorn's + _Allgem. Bibl. der bibl. Litt._ i. 178-232 (1787); Pohlmann, "Uber das + Ansehen der apokr. dritten Buchs Esras," in _Tubingen Theol. + Quartalschrift_, 257-275 (1859); Sir H. Howorth, "Character and + Importance of 1 Esdras," in the _Academy_ (1893), pp. 13, 60, 106, + 174, 326, 524; and further studies entitled "Some Unconventional Views + on the Text of the Bible," in the _Proceedings of the Society of + Biblical Archaeology_, 1901, pp. 147-159; 306-330, 1902, June and + November. (R. H. C.) + + +FOOTNOTE: + + [1] "At the Council of Trent (when the Septuagint Canon was virtually + accepted as authoritative), by a most curious aberration, Esdras iii. + and iv. and the Epistle of Manasseh were alone excluded from the + canon and remitted to our appendix."--Howorth, "Unconventional Views + on the Text of the Bible," in the _P.S.B.A._, 1901, p. 149. + + + + +EZRA, FOURTH BOOK (or APOCALYPSE) OF. This is the most profound and +touching of the Jewish Apocalypses. It stands in the relation of a +sister work to the Apocalypse of Baruch, but though the relation is so +close, they have many points of divergence. Thus, whereas the former +represents the ordinary Judaism of the 1st century of the Christian era, +the teaching of 4 Ezra on the Law, Works, Justification, Original Sin +and Free Will approximates to the school of Shammai and serves to +explain the Pauline doctrines on those subjects; but to this subject we +shall return. + +_Original Language and Versions._--In the Latin version our book +consists of sixteen chapters, of which, however, only iii.-xiv. are +found in the other versions. To iii.-xiv., accordingly, the present +notice is confined. After the example of most of the Latin MSS. we +designate the book 4 Ezra (see Bensly-James, _Fourth Book of Ezra_, pp. +xxiv-xxvii). In the First Arabic and Ethiopic versions it is called 1 +Ezra; in some Latin MSS. and in the English Authorized Version it is 2 +Ezra, and in the Armenian 3 Ezra. Chapters i.-ii. are sometimes called 3 +Ezra, and xv.-xvi. 5 Ezra. All the versions go back to a Greek text. +This is shown by the late Greek apocalypse of Ezra (Tischendorf, +_Apocalypses Apocryphae_, 1866, pp. 24-33), the author of which was +acquainted with the Greek of 4 Ezra; also by quotations from it in Barn, +iv. 4; xii. 1 = 4 Ezra xii. 10 sqq., v. 5; Clem. Alex. _Strom_. iii. 16 +(here first expressly cited) = 4 Ezra v. 35, &c. (see Bensly-James, _op. +cit._ pp. xxvii-xxxviii). The derivation of the Latin version from the +Greek is obvious when we consider its very numerous Graecisms. Thus the +genitive is found after the comparative (v. 13) _horum majora_; xi. 29 +_duorum capitum majus_, even the genitive absolute as in x. 9, the +double negative, _de_ and _ex_ with the genitive. Peculiar genders can +only be accounted for by the influence of the original forms in Greek, +as x. 23 _signaculum_ ([Greek: sphragis]) ... _tradita est_; xi. 4 +_caput_ ([Greek: kephale]) ... _sed et ipsa_. In vi. 25 we have the +Greek attraction of the relative--_omnibus istis quibus praedixi tibi_. +In his _Messias Judaeorum_ (1869), pp. 36-110, Hilgenfeld has given a +reconstruction of the Greek text. Till 1896 only Ewald believed that 4 +Ezra was written originally in Hebrew. In that year Wellhausen (_Gott. +Gel. Anz._ pp. 12-13) and Charles (_Apoc. Bar._ p. lxxii) pointed out +that a Hebrew original must be assumed on various grounds; and this +view the former established in his _Skizzen u. Vorarbeiten_, vi. 234-240 +(1899). Of the numerous grounds for this assumption it will be necessary +only to adduce such constructions as "de quo me interrogas de eo," iv. +28, and xiii. 26, "qui per semet ipsum liberabit" (= [Hebrew: asher bo]) += "through whom he will deliver," or to point to such a mistranslation +as vii. 33, "longanimitas congregabitur," where for "congregabitur" (= +[Hebrew: yeasef]) we require "evanescet," which is another and the +actual meaning of the Hebrew verb in this passage. The same +mistranslation is found in the Vulgate in Hosea iv. 3. Gunkel has +adopted this view in his German translation of the book in Kautzsch's +_Apok. und Pseud, des A. Testaments_, ii. 332-333, and brought forward +in confirmation the following remarkable instance in viii. 23, where +though the Latin, Syriac, Ethiopic, Arabic and Armenian Versions read +_testificatur_, the Second Arabic version and the Apostolic +Constitutions have [Greek: menei eis ton aiona], which are to be +explained as translations of [Hebrew: (lieh) emdat la'ad]. Another +interesting case is found in xiv. 3, where the Latin and all other +versions but Arabic[2] read _super rubum_ and the Arabic[2] _in monte +Sinai_. Here there is a corruption of [Hebrew: sneh] "bush" into +[Hebrew: sinai] "Sinai." + + _Latin Version._--All the older editions of this version, as those of + Fabricius, Sabatier, Volkmar, Hilgenfeld, Fritzsche, as well as in the + older editions of the Bible, are based ultimately on only one MS., the + Codex Sangermanensis (written A.D. 822), as Gildemeister proved in + 1865 from the fact that the large fragment between verses 36 and 37 in + chapter vii., which is omitted in all the above editions, originated + through the excision of a leaf in this MS. A splendid edition of this + version based on MSS. containing the missing fragment, which have been + subsequently discovered, has been published by Bensly-James, op. cit. + This edition has taken account of all the important MSS. known, save + one at Leon in Spain. + + _Syriac Version._--This version, found in the Ambrosian Library in + Milan, was translated into Latin by Ceriani, _Monumenta sacra et + profana_, II. ii. pp. 99-124 (1866). Two years later this scholar + edited the Syriac text, op. cit. V. i. pp. 4-111, and in 1883 + reproduced the MS. by photo-lithography (_Translatio Syra Peshitto + V.T._ II. iv. pp. 553-572). Hilgenfeld incorporated Ceriani's Latin + translation in his _Messias Judaeorum_. This translation needs + revision and correction. + + _Ethiopic Version._--First edited and translated by Laurence, _Primi + Ezrae libri versio Aethiopica_ (1820). Laurence's Latin translation + was corrected by Praetorius and reprinted in Hilgenfeld's _Messias + Judaeorum_. In 1894 Dillmann's text based on ten MSS. was + published--_V.T. Aeth. libri apocryphi_, v. 153-193. + + _Arabic Versions._--The First Arabic version was translated from a MS. + in the Bodleian Library into English by Ockley (in Whiston's Primitive + Christianity, vol. iv. 1711). This was done into Latin and corrected + by Steiner for Hilgenfeld's _Mess. Jud._ The Second Arabic version, + which is independent of the first, has been edited from a Vatican MS. + and translated into Latin by Gildemeister, 1877. + + _Armenian Version._--First printed in the Armenian Bible (1805). + Translated into Latin by Petermann for Hilgenfeld's Mess. Jud.; next + with Armenian text and English translation by Issaverdens in the + _Uncanonical Writings of the Old Testament_, pp. 488 sqq. (Venice, + 1901). + + _Georgian Version._--According to F.C. Conybeare an accurate Georgian + version made from the Greek exists in an 11th-century MS. at + Jerusalem. + + _Relation of the above Versions._--These versions stand in the order + of worth as follows: Latin, Syriac, Ethiopic. The remaining versions + are paraphrastic and less accurate, and are guilty of additions and + omissions. All the versions, save the Second Arabic one, go back to + the same Greek version. The Second Arabic version presupposes a second + Greek version. + + _Modern Versions._--All the English versions are now antiquated, + except those in the Variorum Apocrypha and the Revised Version of the + Apocrypha, and even these are far from satisfactory. Similarly, all + the German versions are behindhand, except the excellent version of + Gunkel in _Apok. u. Pseud._ ii. 252-401, which, however, needs + occasional correction. + +_Contents._--The book (iii.-xiv.) consists of seven visions or parts, +like the apocalypse of Baruch. They are: (1) iii. 1-v. 19; (2) v. 20-vi. +34; (3) vi. 35-ix. 25; (4) ix. 26-x. 60; (5) xi. 1-xii. 51; (6) xiii.; +(7) xiv. These deal with (1) religious problems and speculations and (2) +eschatological questions. The first three are devoted to the discussion +of religious problems affecting in the main the individual. The +presuppositions underlying these are in many cases the same as those in +the Pauline Epistles. The next three visions are principally concerned +with eschatological problems which relate to the nation. The seventh +vision is a fragment of the Ezra Saga recounting the rewriting of the +Scriptures, which had been destroyed. This has no organic connexion with +what precedes. + + _First Vision._ iii.-v. 19.--"In the thirtieth year after the ruin of + the city I Salathiel (the same is Ezra) was in Babylon and lay + troubled upon my bed." In a long prayer Ezra asks how the desolation + of Sion and the prosperity of Babylon can be in keeping with the + justice of God. The angel Uriel answers that God's ways are + unsearchable and past man's understanding. When Ezra asks when the end + will be and what are the signs of it, the angel answers that the end + is at hand and enumerates the signs of it. + + _Second Vision._ v. 14-vi. 34.--Phaltiel, chief of the people, + reproaches Ezra for forsaking his flock. Ezra fasts, and in his prayer + asks why God had given up his people into the hands of the heathen. + Uriel replies: "Lovest thou that people better than He that made + them?" Man cannot find out God's judgment. The end is at hand; its + signs are recounted. + + _Third Vision._ vi. 35-ix. 25.--Ezra recounts the works of creation, + and asks why Israel does not possess the world since the world was + made for Israel. The answer is that the present state is a necessary + stage to the coming one. Then follows an account of the Messianic age + and the resurrection: the punishment of the wicked and the blessings + of the righteous. There can be no intercession for the departed. Few + will be saved--only as it were a grape out of a cluster or a plant out + of a forest. + + _Fourth Vision._ ix. 26-x. 60.--Ezra eats of herbs in the field of + Ardat, and sees in a vision a woman mourning for her only son. Ezra + reminds her of the greater desolation of Sion. Suddenly she is + transfigured and vanishes, and in her place appears a city. The woman, + Uriel explains, represents Sion. + + _Fifth Vision._ xi. i-xii. 39.--Vision of an eagle with three heads, + twelve wings and eight winglets, which is rebuked by a lion and + destroyed. The eagle is the fourth kingdom seen by Daniel, and the + lion is the Messiah. + + _Sixth Vision._ xiii.--Vision of a man (i.e. the Messiah) arising from + the sea, who destroys his enemies who assemble against him, and + gathers to him another multitude, i.e. the lost Ten Tribes. + + _Seventh Vision._ xiv.--Ezra is told of his approaching translation. + He asks for the restoration of the Law, and is enabled by God to + dictate in forty days ninety-four books (the twenty-four canonical + books of the Old Testament that were lost, and seventy secret books + for the wise among the people). + + Ezra's translation is found in the Canon only in the Oriental + Versions. In the Latin it was omitted when xv.-xvi. were added. + +_Integrity._--According to Gunkel (_Apok. u. Pseud._ ii. 335-352) the +whole book is the work of one writer. Thus down to vii. 16 he deals with +the problem of the origin of suffering in the world, and from vii. 17 to +ix. 25 with the question who is worthy to share in the blessedness of +the next world. As regards the first problem the writer shows, in the +first vision, that suffering and death come from sin--no less truly on +the part of Israel than of all men, for God created man to be immortal; +that the end is nigh, when wrongs will be righted; God's rule will then +be recognized. In the second he emphasizes the consolation to be found +in the coming time, and in the third he speaks solely of the next world, +and then addresses himself to the second problem. The fourth, fifth and +sixth visions are eschatological. In these the writer turns aside from +the religious problems of the first three visions and concerns himself +only with the future national supremacy of Israel. Zion's glory will +certainly be revealed (vision four), Israel will destroy Rome (five) and +the hostile Gentiles (six). Then the book is brought to a close with the +legend of Ezra's restoration of the lost Old Testament Scriptures. + +In the course of the above work there are many inconsistencies and +contradictions. These Gunkel explains by admitting that the writer has +drawn largely on tradition, both oral and written, for his materials. +Thus he concedes that eschatological materials in v. 1-13, vi; 18-28, +vii. 26 sqq., also ix. 1 sqq., are from this source, and apparently from +an originally independent work, as Kabisch urges, but that it is no +longer possible to separate the borrowed elements from the text. Again, +in the four last visions he is obliged to make the same concession on a +very large scale. Vision four is based on a current novel, which the +author has taken up and put into an allegorical form. Visions five and +six are drawn from oral or written tradition, and relate only to the +political expectations of Israel, and seven is a reproduction of a +legend, for the independent existence of which evidence is furnished by +the quotations in Bensly-James pp. xxxvii-xxxviii. Thus the chief +champion of the unity of the book makes so many concessions as to its +dependence on previously existing sources that, to the student of +eschatology, there is little to choose between his view and that of +Kabisch. In fact, if the true meaning of the borrowed materials is to be +discovered, the sources must be disentangled. Hence the need of some +such analysis as that of Kabisch (_Das vierte Buck Ezra_, 1889): S = an +Apocalypse of Salathiel, c. A.D. 100, preserved in a fragmentary +condition, iii. 1-31, iv. 1-51, v. 13b-vi. 10, 30-vii. 25, vii. 45-viii. +62, ix. 13-x. 57, xii. 40-48, xiv. 28-35. E = an Ezra Apocalypse, c. 31 +B.C., iv. 52-v. 13a, vi. 13-28, vii. 26-44, viii. 63-ix. 12. A = an +Eagle Vision, c. A.D. 90, x. 60-xii. 35. M = a Son-of-Man Vision, xiii. +E^2 = an Ezra fragment, c. A.D. 100, xiv. 1-17a, 18-27, 36-47. All +these, according to Kabisch, were edited by a Zealot, c. 120, who +supplied the connecting links and made many small additions. In the main +this analysis is excellent. If we assume that the editor was also the +author of S, and that such a vigorous stylist, as he shows himself to +be, recast to some extent the materials he borrowed, there remains but +slight difference between the views of Kabisch and Gunkel. Neither view, +however, is quite satisfactory, and the problem still awaits solution. +Other attempts, such as Ewald's (_Gesch. d. Volkes Israel_[3], vii. +69-83) and De Faye's (_Apocalypses juives_, 155-165), make no +contribution. + +_School of the Author._--The author or final redactor of the book was a +pessimist, and herein his book stands in strong contrast with the +Apocalypse of Baruch. Thus to the question propounded in the New +Testament--"Are there few that be saved?" he has no hesitation in +answering, "There be many created, but few that be saved" (viii. 3): "An +evil heart hath grown up in us which hath led us astray ... and that not +a few only but wellnigh all that have been created" (vii. 48). In the +Apocalypse of Baruch on the other hand it is definitely maintained that +not a few shall be saved (xxi. 11). Moreover, the sufferings of the +wicked are so great in the next world it were better, according to 4 +Ezra (as also to the school of Shammai), that man had not been born. "It +is much better (for the beasts of the field) than for us; for they +expect not a judgment and know not of torments" (vii. 66): yet "it would +have been best not to have given a body to Adam, or that being done, to +have restrained him from sin; for what profit is there that man should +in the present life live in heaviness and after death look for +punishment" (vii. 116, 117). In iv. 12 the nexus of life, sin and +suffering just referred to, is put still more strongly: "It were better +we had not been at all than that we should be born and sin and +suffer."[1] The different attitude of these two writers towards this +question springs from their respective views on the question of free +will. The author of Baruch declares (iv. 15, 19): "For though Adam +sinned and brought untimely death upon all, yet of those who were born +from him each one of them prepared for his own soul torment to come, and +again each one of them has chosen for himself glories to come ... each +one of us has been the Adam of his own soul," Though the writer of Ezra +would admit the possibility of a few Israelites attaining to salvation +through the most strenuous endeavour, yet he holds that man is all but +predoomed through his original evil disposition or through the fall of +Adam (vii. 118). "O Adam, what hast thou done: for though it was thou +that sinned, the evil is not fallen on thee alone, but upon all of us +that come of thee." + +Another contrast between the two books is that while Baruch shows some +mercy to the Gentiles (lxxii. 4-6) in the Messianic period, none +according to 4 Ezra and the Shammaites (Toseph. _Sanh._ xiii. 2) will be +extended to them, (iii. 30, ix. 22 sq., xii. 34, xiii. 37 sq.). + +On the above grounds it is not unreasonable to conclude that whereas the +Apocalypse of Baruch owes its leading characteristics to a pupil of +Hillel's school, 4 Ezra shows just as clearly its derivation from that +of Shammai. Kohler (_Jewish Encyc._ v. 221) points out that the view of +4 Ezra that the Ten Tribes will return was held by the Shammaites, +whereas it was denied by Aqiba. The Apocalypse of Baruch is silent on +this point. + +_Time and Place._--The work was written towards the close of the 1st +century (iii. 1, 29), and somewhere in the east. + + LITERATURE.--In addition to the authorities mentioned above, see + Dillmann, Herzog's _Real-Encyk._[2] xii. 353 sqq.; Schurer, _Gesch. + des jud. Volkes_[3], iii. 246 sqq.; and the articles on 4 Esdras in + Hastings' _Bible Dictionary_ and the _Encyclopaedia Biblica_ by + Thackeray and James respectively. (R. H. C.) + + +FOOTNOTE: + + [1] In the Apocalypse of Baruch, x. 6, we find a similar expression: + "Blessed is he who was not born, or being born has died." But here + death is said to be preferable to witnessing the present woes of + Jerusalem. + + + + +EZRA AND NEHEMIAH, BOOKS OF, in the Old Testament. The two canonical +books entitled Ezra and Nehemiah in the English Bibie[1] correspond to +the 1 and 2 Esdras of the Vulgate, to the 2 Esdras of the Septuagint, +and to the Ezra and Nehemiah of the Massoretic (Hebrew) text. Though for +many centuries they have thus been treated as separate compositions, we +have abundant evidence that they were anciently regarded as forming but +one book, and a careful examination proves that together with the book +of Chronicles they constitute one single work. The two books may +therefore be conveniently treated together. + +1. _Position and Date._--Origen (Euseb, _H.E._ vi. 25), expressly +enumerating the twenty-two books of the old covenant as acknowledged by +the Jews and accepted by the Christian church, names "the First and +Second Ezra in one book"; Melito of Sardis (Euseb. _H.E._ iv. 26) in +like manner mentions the book of Ezra only. So also the Talmud (in _Baba +bathra_, 14. 2), nor can it be supposed that Josephus in his enumeration +(c. _Ap._ i. 8) reckoned Nehemiah as apart from Ezra. That the Jews +themselves recognized no real separation is shown by the fact that no +Massoretic notes are found after Ezra x., but at the end of Nehemiah the +contents of both are reckoned together, and it is stated that Neh. iii. +22 is the middle verse of the book. Their position in the Hebrew Bible +_before_ the book of Chronicles is, however, illogical. The introductory +verses of Ezra i. are identical with the conclusion of 2 Chron. xxxvi., +whilst in the version of 1 Esdras no less than two chapters (2 Chron. +xxxv. sq.) overlap. The cause of the separation is probably to be found +in the late reception of Chronicles into the Jewish canon. Further proof +of the unity of the three is to be found in the general similarity of +style and treatment. The same linguistic criteria recur, and the +interest in lists and genealogies, in priests and Levites, and in the +temple service point unmistakably to the presence of the same hand (the +so-called "chronicler") in Chronicles-Ezra-Nehemiah. See BIBLE (sect. +Canon); CHRONICLES. + +The period of history covered by the books of Ezra and Nehemiah extends +from the return of the exiles under Zerubbabel in 537-536 B.C. to +Nehemiah's second visit to Jerusalem in 432 B.C. In their present form, +however, the books are considerably later, and allusions to Nehemiah in +the past (Neh. xii. 26, 47), to the days of Jaddua (the grandson of +Nehemiah's contemporary Joiada; ib. xii. 11), to Darius (Nothus 423 B.C. +or rather Codomannus 336 B.C., ib. v. 22), and the use of the term "king +of Persia," as a distinctive title after the fall of that empire (332 +B.C.), are enough to show that, as a whole, they belong to the same age +as the book of Chronicles. + +2. _Contents._--Their contents may be divided into four parts:-- + +(a) The events preceding the mission of Ezra (i.-vi.).--In the first +year of his reign Cyrus was inspired to grant a decree permitting the +Jews to return to build the temple in Jerusalem (i.); a list of families +is given (ii.). The altar of burnt-offering was set up, and in the +second year of the return the foundations of the new temple were laid +with great solemnity (iii.). The "adversaries of Judah and Benjamin" +offered to assist but were repulsed, and they raised such opposition to +the progress of the work that it ceased until the second year of Darius +(521-520 B.C.). Aroused by the prophets Haggai and Zechariah the +building was then resumed, and despite fresh attempts to hinder the work +it was completed, consecrated and dedicated in the sixth year of that +king (vi.). The event was solemnized by the celebration of the Passover +(cf. 2 Chron. xxx., Hezekiah; xxxv. Josiah). + +(b) An interval of fifty-eight years is passed over in silence, and the +rest of the book of Ezra comprises his account of his mission to +Jerusalem (vii.-x.). Ezra, a scribe of repute, well versed in the laws +of Moses, returns with a band of exiles in order to reorganize the +religious community. A few months after his arrival (seventh year of +Artaxerxes, 458 B.C.) he instituted a great religious reform, viz. the +prohibition of intermarriage with the heathen of the land (cf. already +vi. 21). In spite of some opposition (x. 15 obscurely worded) the reform +was accepted, and the foundations of a new community were laid. + +(c) Twelve years elapse before the return of Nehemiah, whose description +of his work is one of the most interesting pieces of Old Testament +narrative (Neh. i.-vi.). In the twentieth year of Artaxerxes (445 B.C.), +Nehemiah the royal cup-bearer at Shushan (Susa, the royal winter palace) +was visited by friends from Judah and was overcome with grief at the +tidings of the miserable condition of Jerusalem and the pitiful state of +the Judaean remnant which had escaped the captivity. He obtained +permission to return, and on reaching the city made a secret survey of +the ruins and called upon the nobles and rulers to assist in repairing +them. Much opposition was caused by Sanballat the Horonite (i.e. of the +Moabite Horonaim or Beth-horon, about 15 m. N.W. of Jerusalem), Tobiah +the Ammonite, Geshem (or Gashmu) the Arabian, and the Ashdodites, whose +virulence increased as the rebuilding of the walls continued. But +notwithstanding attempts upon the city and upon the life of Nehemiah, +and in spite of intrigues among certain members of the Judaean section, +in fifty-two days the city walls were complete (Neh. vi. 15). The +hostility, however, did not cease, and measures were taken to ensure the +safety of the city (vi. 16-vii. 4). A valuable account is given of +Nehemiah's economical reforms, illustrating the internal social +conditions of the period and the general character of the former +governors who had been placed in charge (v., cf. the laws codified in +Lev. xxv. 35 sqq.). + +(d) The remaining chapters carry on the story of the labours of _both_ +Ezra, and Nehemiah. The list of those who returned under the decree of +Cyrus is repeated (Neh. vii.), and leads up to the reading of the Law by +Ezra, a great national confession of guilt, and a solemn undertaking to +observe the new covenant, the provisions of which are detailed (x. +28-39). After sundry lists of the families dwelling in Jerusalem and its +neighbourhood (xi. 1 sqq., apparently a sequel to vii. 1-4),[2] and of +various priests and Levites, an account is given of the dedication of +the walls (xii. 27-43), the arrangements for the Levitical organization +(vv. 44-47), and a fresh separation from the heathen (Moabites and +Ammonites, xiii. 1-3; cf. Deut. xxiii. 3 seq.). The book concludes with +another extract from Nehemiah's memoirs dealing with the events of a +second visit, twelve years later (xiii. 4-31). On this occasion he +vindicated the sanctity of the temple by expelling Tobiah, reorganized +the supplies for the Levites, took measures to uphold the observance of +the Sabbath, and protested energetically against the foreign marriages. +In the course of his reforms he thrust out a son of Joiada (son of +Eliashib, the high-priest), who had married the daughter of Sanballat, +an incident which had an important result (see SAMARITANS). + +That these books are the result of compilation (like the book of +Chronicles itself) is evident from the many abrupt changes; the +inclusion of certain documents written in an Aramaic dialect (Ezr. iv. +8-vi. 18, vii. 12-26)[3]; the character of the name-lists; the lengthy +gaps in the history; the use made of two distinct sources, attributed to +Ezra and Nehemiah respectively, and from the varying form in which the +narratives are cast. The chronicler's hand can usually be readily +recognized. There are relatively few traces of it in Nehemiah's memoirs +and in the Aramaic documents, but elsewhere the sources are largely +coloured, if not written from the standpoint of his age. Examples of +artificial arrangement appear notably in Ezr. ii.-iii. 1 compared with +Neh. vii. 6-viii. 1 (first clause); in the present position of Ezr. iv. +6-23; and in the dislocation of certain portions of the two memoirs in +Neh. viii.-xiii. (see below). It should be noticed that the present +order of the narratives involves the theory that some catastrophe ensued +after Ezr. x. and before Neh. i.; that the walls had been destroyed and +the gates burnt down; that some external opposition (with which, +however, Ezra did not have to contend) had been successful; that the +main object of Ezra's mission was delayed for twelve years, and, +finally, that only through Nehemiah's energy was the work of social and +religious reorganization successful. These topics raise serious +historical problems (see JEWS: _History_, S 21). + +3. _Criticism of Ezra i.-vi._--The chronicler's account of the +destruction of Jerusalem, the seventy years' interval (2 Chron. xxxvi. +20 sq.; cf. Jer. xxv. 11, xxix. 10, also Is. xxiii. 17), and the return +of 42,360 of the exiles (Ezr. ii. 64 sqq.) represent a special view of +the history of the period. The totals, as also the detailed figures, in +Ezr., Neh. and 1 Esdr. v. vary considerably; the number is extremely +large (contrast Jer. lii. 30); it includes the common people (contrast 2 +Kings xxiv. 14, xxv. 12), and ignores the fact that Judah was not +depopulated, that the Jews were carried off to other places besides +Babylon and that many remained behind in Babylon. According to this +view, Judah and Jerusalem were practically deserted until the return. +The list in Ezr. ii. is that of families which returned "every man unto +his city" under twelve leaders (including Nehemiah, Azariah [cf. Ezra], +Zcrubbabel and Jeshua); it recurs with many variations in a different +and apparently more original context in Neh. vii., and in 1 Esdr. v. is +ascribed to the time of Darius. The families (to judge from the +northwards extension of Judaean territory) are probably those of the +population in the later Persian period, hardly those who returned to the +precise homes of their ancestors (see C.F. Kent, Israel's _Hist. and +Biogr. Narratives_, p. 379). The offerings which are for the +temple-service in Neh. vii. 70-72 (cf. 1 Chron. xxix. 6-8) are for the +building of the temple in Ezr. ii. 68-70; and since the walls are not +yet built, the topographical details in Neh. viii. 1 (see 1 Esdr. v. 47) +are adjusted, and the event of the seventh month is not the reading of +the Law amid the laments of the people (Neh. viii.; see _vv._ 9-11) but +the erection of the altar by Jeshua and Zerubbabel under inauspicious +circumstances (cf. Ezr. iii. 3 with 1 Esdr. v. 50). + +The chronologically misplaced account of the successful opposition in +the time of Ahasuerus (i.e. Xerxes) and Artaxerxes (the son and grandson +of Darius respectively) breaks the account of the _temple_ under Cyrus +and Darius, and is concerned with the city walls (iv. 6-23)[4]; there is +some obscurity in _vv._ 7-9: Rehum and Shimshai evidently take the lead, +Tabeel may be an Aramaized equivalent of Tobiah. A recent return is +implied (iv. 12) and the record hints that a new decree may be made (v. +21). The account of the unsuccessful opposition to the _temple_ in the +time of Darius (v. sq.; for another account see Jos. _Ant._ xi. 4, 9) is +independent of iv. 7-23, and throws another light upon the decree of +Cyrus (vi. 3-5, contrast i. 2-4). It implies that Sheshbazzar, who had +been sent with the temple vessels in the time of Cyrus, had laid the +foundations and that the work had continued without cessation (v. 16, +contrast iv. 5, 24). The beginning of the reply of Darius is wanting +(vi. 6 sqq.), and the decree which had been sought in Babylon is found +at Ecbatana. Chap. vi. 15 sqq. follow more naturally upon v. 1-2, but +v. 14 with its difficult reference to Artaxerxes now seems to presuppose +the decree in iv. 21 and looks forward to the time of Ezra or Nehemiah. +As regards this section (Ezr. i.-vi.) as a whole, there is little doubt +that i. iii. 1-iv. 5, vi. 15-22 are from the chronicler, whose free +treatment of his material is seen in the use he has made of ch. ii. +Notwithstanding the unimpeachable evidence for the tolerant attitude of +Persian kings and governors towards the religion of subject races, it is +probable that the various decrees incorporated in the book (cf. also 1 +Esdr. iv. 42 sqq.) have been reshaped from a Jewish standpoint. A +noteworthy example appears in the account of the unique powers entrusted +to Ezra (vii. 11-26), the introduction to whose memoirs, at all events, +is quite in the style of the chronicler. + +4. _Memoirs of Nehemiah and Ezra._--The memoirs of Ezra and Nehemiah do +not appear to have been incorporated without some adjustment. The lapse +of time between Neh. i. 1 and ii. 1 is noteworthy, and with the prayer +in i. 5-11 cf. Ezr. ix. 6-15, Dan. ix. 4 sqq. (also parallels in +Deuteronomy); chap. i. in its present form may be a compiler's +introduction. The important topographical list in ch. iii. is probably +from another source; the styie is different, Nehemiah is absent, and the +high-priest is unusually prominent.[5] Chap, v., where Nehemiah reviews +his _past_ conduct as governor, turns aside to economic reforms and +scarcely falls within the fifty-two days of the building of the walls. +The chapter is closely associated with the contents of xiii. and breaks +the account of the opposition. Anticipated already in ii. 10, the +hostility partly arises from the repudiation of Samaritan religious +claims (ii. 20; cf. Ezr. iv. 3) and is partly political. It is difficult +to follow its progress clearly, and the account ceases abruptly in. vi. +17-19 with the notice of the conspiracy of Tobiah and the nobles of +Judah. The chronicler's style can be recognized in vii. 1-5 (in its +present form), where steps are taken to protect and to people Jerusalem; +the older sequel is now found in ch. xi. Whilst the account of the +dedication of the walls is marked by the use of the pronoun "I" (xii. +31, 38, 40), it is probably now due as a whole to the chronicler, and +when the more trustworthy memoirs of Nehemiah are resumed (xiii. 4 sqq.) +the episodes, although placed twelve years later (ver. 6), are +intimately connected with the preceding reforms (cf. xii. 44-xiii. 3 +with xiii. 10 sqq., 23 sqq.).[6] Nehemiah's attitude towards +intermarriage is markedly moderate in contrast to the drastic measures +of Ezra, whose mission and work the simpler and perhaps earlier +narratives of Nehemiah originally ignored, and the relation between the +two is complicated further by the literary character of the memoir of +Ezra. + +To the last mentioned are prefixed (a) the scribe's genealogy, which +traces him back to Aaron and names as his immediate ancestor, Seraiah, +who had been slain 130 years previously (Ezr. vii. 1-5), and (b) an +independent account of the return (_vv._ 6-10) with a reference to +Ezra's renown, obviously not from the hand of Ezra himself. Whatever the +original prelude to Ezra's thanksgiving may have been (vii. 27 seq.), we +now have the essentially Jewish account of the letter of Artaxerxes with +its unusual concessions.[7] The list of those who returned amounts to +the moderate total of 1496 males (viii., but 1690 in 1 Esdr. viii. 30 +sqq.). Ezra's mission was obviously concerned with the Law and Temple +service (vii. 6, 10, 14 sqq., 25; viii. 17, 24-30, 33 sq.), but four +months elapse between his return in the fifth month (vii. 9) and the +preparations for the marriage reforms in the ninth (x. 9), and there is +a delay of twelve years before the Law is read (Neh. viii.). The +Septuagint version (1 Esdr. ix.; cf. Josephus, _Antiq._ xi. 5. 5 and +some modern scholars) would place the latter after Ezr. x., but more +probably this event (dated in the seventh month) should precede the +great undertaking in Ezr. ix.[8] That the adjustment was attended with +considerable revision of the passages appears from a careful comparison +of Neh. viii. sq. with Ezr. ix. sq. With Ezra's confession (ix. 6 sqq.) +compare the prayer in Neh. ix. 5 sqq., which the Septuagint ascribes to +him. In Ezr. x. (written in the third person) the number of those that +had intermarried with the heathen is relatively small considering the +general trend of the preliminaries, and the list bears a marked +resemblance to that in ch. ii. It ends abruptly and obscurely (x. 44; +cf. 1 Esdr. ix. 36), and whilst as a whole the memoirs of Ezra point to +ideas later than those of Nehemiah, the present close literary connexion +between them is seen in the isolated reference to Johanan the son of +Eliashib in Ezra x. 6, which seems to be connected with Neh. xiii. 7, +and (after W.R. Smith) in the suitability of _ib._ xiii. 1, 2 between +Ezr. x. 9 and 10. The list of signatories in Neh. x. 1-27 should be +compared with the names in xii. and 1 Chron. xxiv.; the true connexion +of ix. 38 is very obscure, and the relation to Ezr. ix. seq. is +complicated by the reference to the separation from the heathen in Neh. +ix. 2. The description of the covenant (Neh. x. 28 sqq., marked by the +use of "we") is closely connected with xii. 43-xiii. 3 (from the same or +an allied source), and anticipates the parallel though somewhat +preliminary measures detailed in the more genuine memoirs (Neh. xiii. 4 +sqq.). Finally, the specific allusion in xiii. 1-3 to Ammon and Moab is +possibly intended as an introduction to the references to Tobiah and +Sanballat respectively (_vv._ 4 seq., 28). + +5. _Summary._--The literary and historical criticism of Ezra-Nehemiah is +closely bound up with that of Chronicles, whose characteristic features +it shares. Although the three formed a unit at one stage it may seem +doubtful whether two so closely related chapters as 1 Chron. ix. and +Neh. xi. would have appeared in one single work, while the repetition of +Neh. vii. 6-viii. 1 in Ezr. ii.-iii. 1 is less unnatural if they had +originally appeared in distinct sources. Thus other hands apart from the +compiler of Chronicles may have helped to shape the narratives, either +before their union with that book or after their separation.[9] The +present intricacy is also due partly to specific historical theories +regarding the post-exilic period. Here the recension in 1 Esdras +especially merits attention for its text, literary structure and for its +variant traditions.[10] Its account of a return in the time of Darius +scarcely arose _after_ Ezr. i.-iii. (Cyrus); the reverse seems more +probable, and the possibility of some confusion or of an intentional +adjustment to the earlier date is emphasized by the relation between the +popular feeling in Ezr. iii. 12 (Cyrus) and Hag. ii. 3 (Darius), and +between the grant by Cyrus in iii. 7 (it is not certain that he held +Phoenicia) and the permit of Darius in 1 Esdr. iv. 47-57 (see v. 48). To +the latter context belongs the list of names which reappears in Ezr. ii. +(Cyrus). But from the independent testimony of Haggai and Zechariah it +is doubtful whether the chronicler's account of the return under Cyrus +is at all trustworthy. The list in 1 Esdr. v., Ezr. ii., as already +observed, appears to be in its more original context in Neh. vii., i.e. +in the time of Artaxerxes, and it is questionable whether the earliest +of the surviving detailed traditions in Ezra-Nehemiah went back before +this reign. It is precisely at this age that there is evidence for a +return, apparently other than that of Ezra or Nehemiah (see Ezr. iv. +12), yet no account seems to be preserved unless the records were used +for the history of earlier periods (cf. generally Ezr. iii. 12 sq. with +Neh. viii. 9-11; Ezr. iii. 7 with the special favour enlisted on behalf +of the Jews in vi. 7 sq., 13, vii. 21; Neh. ii. 7 sq.). But the account +of the events in the reign of Artaxerxes is extremely perplexing. Since +the building of the walls of Jerusalem must have begun early in the +fifth month (Neh. vi. 15), an allowance of three days (ii. 11) makes the +date of Nehemiah's arrival practically the anniversary of Ezra's return +(Ezr. vii. 9, viii. 32). Considering the close connexion between the +work of the two men this can hardly be accidental. The compiler, +however, clearly intends Neh. vi. 15 (25th of sixth month) to be the +prelude to the events in Neh. vii. 73, viii. (seventh month), but the +true sequence of Neh. vi. sqq. is uncertain, and the possibility of +artificiality is suggested by the unembellished statement of Josephus +that the building of the walls occupied, not fifty-two days, but two +years four months (_Ant_. xi. 5. 8). The present chronological order of +Nehemiah's work is confused (cf. S4, n. 3), and the obscure interval of +twelve years in his work corresponds very closely to that which now +separates the records of Ezra's labours. However, both the recovery of +the compilers' aims and attempted reconstructions are precluded from +finality by the scantiness of independent historical evidence. (See +further JEWS: _History_, S21 seq.) + + BIBLIOGRAPHY.--S.R. Driver, _Lit. of the O.T._ (1909), pp. 540 sqq. + and the commentaries of H.E. Ryle (_Camb. Bible_, 1893), C. Siegfried + (1901), A. Bertholet (1902), and T.W. Davies (_Cent. Bible_, 1909). + Impetus to recent criticism of these books starts with Van Hoonacker + (_Neh. et Esd_. [1890]; see also _Expos. Times_ [1897], pp. 351-354, + and M.-J. Lagrange, _Rev. biblique_, iii. 561-585 [1894], iv. 186-202 + [1895]) and W.H. Kosters (Germ. ed., _Wiederherstellung Israels_, + 1895). The latter's important conclusions (for which see his article + with Cheyne's additions in _Ency. Bib_. col. 1473 sqq., 3380 sqq.) + have been adversely criticized, especially by J. Wellhausen + (_Nachrichten_ of the Univ. of Gottingen, 1895, pp. 166-186), E. Meyer + (_Entstehung d. Judentums_, 1896), J. Nikel (_Wiederherstellung d. + jud. Gemein._, 1900), and S. Jampel in _Monatsschrift f. Gesch. u. + Wissens. d. Judentums_, vols. xlvi.-xlvii. (1902-1903). The negative + criticisms of Kosters have, however, been strengthened by his replies + (in the Dutch _Theolog. Tijdschrift_), and by the discussions of C.C. + Torrey and C.F. Kent (op. cit) and of G. Jahn (_Esra u. Neh._ pp. + i-lxxviii; 1909), and his general position appears to do more justice + to the biblical evidence as a whole. (S. A. C.) + + +FOOTNOTES: + + [1] References to 1 Esdras in this article are to the book discussed + above as EZRA, THIRD BOOK OF. + + [2] With Neh. xi. 4-19 cf. 1 Chron. ix. 3-17; with the list xii. 1-7 + cf. _vv._ 12-21 and x. 3-9; and with xii. 10 sq. cf. 1 Chron. vi. + 3-13 (to which it forms the sequel). See further Smend, _Listen d. + Esra u. Neh._ (1881). + + [3] Sometimes wrongly styled Chaldee (q.v.); see SEMITIC LANGUAGES. + + [4] Its real position in the history of this period is not certain. + Against the supposition that the names refer to Cambyses and + Pseudo-Smerdis who reigned after Cyrus and before Darius, see H.E. + Ryle, _Camb. Bible_, "Ezra and Neh.," p. 65 sq. Against the view that + Darius is D. ii. Nothus of 423-404 B.C., see G.A. Smith, _Minor + Prophets_, ii. 191 sqq. The ignorance of the compiler regarding the + sequence of the kings finds a parallel in that of the author of the + book of Daniel (q.v.); see C.C. Torrey, _Amer. Journ. of Sem. Lang._ + (1907), p. 178, n. 1. + + [5] See further H.G. Mitchell, _Journ. of Bibl. Lit._ (1903), pp. 88 + sqq. + + [6] The chronological difficulties will be seen from xiii. 6 ("before + this"), which would imply that the dedication of the walls was on the + occasion of Nehemiah's later visit (see G.A. Smith, _Expositor_, July + 1906, p. 12). His previous departure is perhaps foreshadowed in vii. + 2. + + [7] See _Ency. Bib._ col. 1480. Papyri from a Jewish colony in + Elephantine (407 B.C.) clearly show the form which royal permits + could take, and what the Jews were prepared to give in return; the + points of resemblance are extremely interesting, but compared with + the biblical documents the papyri reveal some striking differences. + + [8] C.C. Torrey, _Comp. and Hist. Value of Ezra-Neh._ (Beihefte of + _Zeit. f. alttest. Wissens._, 1896), pp. 30-34; C.F. Kent, _Israel's + Hist. and Biog. Narratives_, pp. 32, 369. Since Neh. vii. 70-73 is + closely joined to viii., the suggested transposition would place its + account of the contributions to the temple in a more appropriate + context (cf. Ezr. viii. 24-30, 33 sq.). + + [9] For linguistic evidence reference should be made to J. Geissler, + _Die litterarischen Beziehungen d. Esramemoiren_ (Chemnitz, 1899). + + [10] See especially Sir Henry Howorth, _Proc. of Society of Bibl. + Arch._ (1901-1904), _passim_; C.C. Torrey, _Ezra Studies_ (Chicago, + 1910). For the text, see A. Klostermann, _Real-Ency. f. prot. Theol._ + v. 501 sqq.; H. Guthe in Haupt's _Sacred Books of Old Testament_ + (1899); and S.A. Cook in R.H. Charles, _Apocrypha and + Pseudepigrapha_. + + + + +EZZO, or EHRENFRIED (c. 954-1024), count palatine in Lorraine, was the +son of a certain Hermann (d. c. 1000), also a count palatine in Lorraine +who had possessions in the neighbourhood of Bonn. Having married Matilda +(d. 1025), a daughter of the emperor Otto II., Ezzo came to the front +during the reign of his brother-in-law, the emperor Otto III. +(983-1002); his power was increased owing to the liberal grant of lands +in Thuringia and Franconia which he received with his wife, and some +time later his position as count palatine was recognized as an +hereditary dignity. Otto's successor, the emperor Henry II., was less +friendly towards the powerful count palatine, though there was no +serious trouble between them until 1011; but some disturbances in +Lorraine quickly compelled the emperor to come to terms, and the +assistance of Ezzo was purchased by a gift of lands. Henceforward the +relations between Henry and his vassal appear to have been satisfactory. +Very little is known about Ezzo's later life, but we are told that he +died at a great age at Saalfeld on the 21st of March 1024. He left three +sons, among them being Hermann, who was archbishop of Cologne from 1036 +to 1056, and Otto, who was for a short time duke of Swabia; and seven +daughters, six of whom became abbesses. Ezzo founded a monastery at +Brauweiler near Cologne, the place where his marriage had been +celebrated. This was dedicated in 1028 by Piligrim, archbishop of +Cologne, and here both Ezzo and his wife were buried. + + + + +EZZOLIED, or ANEGENGE, an old German poem, written by Ezzo, a scholar of +Bamberg. It was written about 1060, but not, as one authority asserts, +composed while the author was making a pilgrimage to Jerusalem. The +subject of the poem is the life of Christ. Very popular during the later +middle ages, the _Ezzolied_ had a great influence on the poetry of south +Germany, and is valuable as a monument of the poetical literature of the +time. + + The text is printed in the _Denkmaler deutscher Poesie und Prosa aus + dem 8-12. Jahrhundert_ (Berlin, 1892) of C.V. Mullenhoff and W. + Scherer. + + + + +F This is the sixth letter of the English alphabet as it was of the +Latin. In the ordinary Greek alphabet the symbol has disappeared, +although it survived far into historical times in many Greek dialects as +F, the digamma, the use of which in early times was inductively proved +by Bentley, when comparatively little was known of the local alphabets +and dialects of Greece. The so-called _stigma_ [symbol], which serves +for the numeral 6, is all that remains to represent it. This symbol +derives its name from its resemblance in medieval MSS. to the +abbreviation for [Greek: st]. The symbol occupying the same position in +the Phoenician alphabet was Vau ([symbol] [symbol]), which seems to be +represented by the Greek [Upsilon], the Latin V, at the end of the early +alphabet. Many authorities therefore contend that F is only a +modification of the preceding symbol E and has nothing to do with the +symbol Vau. In some early Latin inscriptions F is represented by +[symbol], as E is by [symbol]. It must be admitted that the resemblance +between the sixth symbol of the Phoenician alphabet and the +corresponding symbol of the European alphabet is not striking. But the +position of the limbs of symbols in early alphabets often varies +surprisingly. In Greek, besides F we find for _f_ in Pamphylia (the only +Greek district in Asia which possesses the symbol) [symbol], and in +Boeotia, Thessaly, Tarentum, Cumae and on Chalcidian vases of Italy the +form [symbol], though except at Cumae and on the vases the form F exists +contemporaneously with [symbol] or even earlier. At the little town of +Falerii (Civita Castellana), whose alphabet is undoubtedly of the same +origin as the Latin, F takes the form [symbol]. Though uncertain, +therefore, it seems not impossible that the original symbol of the +Phoenician alphabet, which was a consonant like the English _w_, may +have been differentiated in Greek into two symbols, one indicating the +consonant value _w_ and retaining the position of the Phoenician +consonant Vau, the other having the vowel value _u_, which ultimately +most dialects changed to a modified sound like French _u_ or German _u_. +Be this as it may, the value of the symbol F in Greek was _w_, a +bilabial voiced sound, not the labio-dental unvoiced sound which we call +_f_. When the Romans adopted the Greek alphabet they took over the +symbols with their Greek values. But Greek had no sound corresponding to +the Latin _f_, for [phi] was pronounced _p-h_, like the final sound of +_lip_ in ordinary English or the initial sound of _pig_ in Irish +English. Consequently in the very old inscription on a gold fibula found +at Praeneste and published in 1887 (see ALPHABET) the Latin _f_ is +represented by FB. Later, as Latin did not use F for the consonant +written as _v_ in _vis_, &c., H was dropped and F received a new special +value in Latin as representative of the unvoiced labio-dental spirant. +In the Oscan and Umbrian dialects, whose alphabet was borrowed from +Etruscan, a special form appears for _f_, viz. 8, the old form [symbol] +being kept for the other consonant _v_ (i.e. English _w_). The 8 has +generally been asserted to be developed out of the second element in the +combination FB, its upper and lower halves being first converted into +lozenges, [symbol], which naturally changed to 8 when inscribed without +lifting the writing or incising implement. Recent discoveries, however, +make this doubtful (see ALPHABET). (P. Gi.) + + + + +FABBRONI, ANGELO (1732-1803), Italian biographer, was born at Marradi in +Tuscany on the 25th of September 1732. After studying at Faenza he +entered the Roman college founded for the education of young Tuscans. On +the conclusion of his studies he continued his stay in Rome, and having +been introduced to the celebrated Jansenist Bottari, received from him +the canonry of Santa Teresa in Trastevere. Some time after this he was +chosen to preach a discourse in the pontifical chapel before Benedict +XIV. and made such a favourable impression that the pontiff settled on +him an annuity, with the possession of which Fabbroni was able to devote +his whole time to study. He was intimate with Leopold I., grand-duke of +Tuscany, but the Jesuits disliked him on account of his Jansenist views. +Besides his other literary labours he began at Pisa in 1771 a literary +journal, which he continued till 1796. About 1772 he made a journey to +Paris, where he formed the acquaintance of Condorcet, Diderot, +d'Alembert, Rousseau and most of the other eminent Frenchmen of the day. +He also spent four months in London. He died at Pisa on the 22nd of +September 1803. + + The following are his principal works:--_Vitae Italorum doctrina + excellentium qui saeculis XVII. et XVIII. floruerunt_ (20 vols., Pisa, + 1778-1799, 1804-1805), the last two vols., published posthumously, + contain a life of the author; _Laurentii Medicei Magnifici Vita_ (2 + vols., Pisa, 1784), a work which served as a basis for H. Roscoe's + _Life of Lorenzo dei Medici_; _Leonis X. pontificis maximi Vita_ + (Pisa, 1797); and _Elogi di Dante Alighieri, di Angelo Poliziano, di + Lodovico Ariosto, e di Torq. Tasso_ (Parma, 1800). + + + + +FABER, the name of a family of German lead-pencil manufacturers. Their +business was founded in 1760 at Stein, near Nuremberg, by Kaspar Faber +(d. 1784). It was then inherited by his son Anton Wilhelm (d. 1819). +Georg Leonhard Faber succeeded in 1810 (d. 1839), and the business +passed to Johann Lothar von Faber (1817-1896), the great-grandson of the +founder. At the time of his assuming control about twenty hands were +employed, under old-fashioned conditions, and owing to the invention of +the French _crayons Contes_ of Nicolas Jacques Conte (q.v.) competition +had reduced the entire Nuremberg industry to a low ebb (see PENCIL). +Johann introduced improvements in machinery and methods, brought his +factory to the highest state of efficiency, and it became a model for +all the other German and Austrian manufacturers. He established branches +in New York, Paris, London and Berlin, and agencies in Vienna, St +Petersburg and Hamburg, and made his greatest _coup_ in 1856, when he +contracted for the exclusive control of the graphite obtained from the +East Siberian mines. Faber had also branched out into the manufacture of +water-colour and oil paints, inks, slates and slate-pencils, and +engineers' and architects' drawing instruments, and built additional +factories to house his various industries at New York and at +Noisy-le-Sec, near Paris, and had his own cedar mills in Florida. For +his services to German industry he received a patent of nobility and an +appointment as councillor of state. After the death of his widow (1903) +the business was inherited by his grand-daughter Countess Otilie von +Faber-Castell and her husband, Count Alexander. + + + + +FABER, BASIL (1520--c. 1576), Lutheran schoolmaster and theologian, was +born at Sorau, in lower Lusatia, in 1520. In 1538 he entered the +university of Wittenberg, studying as _pauper gratis_ under Melanchthon. +Choosing the schoolmaster's profession, he became successively rector of +the schools at Nordhausen, Tennstadt (1555), Magdeburg (1557) and +Quedlinburg (1560). From this last post he was removed in December 1570 +as a Crypto-Calvinist. In 1571 he was appointed to the Raths-gymnasium +at Erfurt, not as rector, but as director (_Vorsteher_). In this +situation he remained till his death in 1575 or 1576. His translation of +the first twenty-five chapters of Luther's commentary on Genesis was +published in 1557; in other ways he promoted the spread of Lutheran +views. He was a contributor to the first four of the _Magdeburg +Centuries_. He is best known by his _Thesaurus eruditionis scholasticae_ +(1571; last edition, improved by J.H. Leich, 1749, folio, 2 vols.); this +was followed by his _Libellus de disciplina scholastica_ (1572). + + See Wagenmann and G. Muller in Herzog-Hauck's _Realencyklopadie_ + (1898). (A. Go.*) + + + + +FABER, FREDERICK WILLIAM (1814-1863), British hymn writer and +theologian, was born on the 28th of June 1814 at Calverley, Yorkshire, +of which place his grandfather, Thomas Faber, was vicar. He attended the +grammar school of Bishop Auckland for a short time, but a large portion +of his boyhood was spent in Westmorland. He afterwards went to Harrow +and to Balliol College, Oxford. In 1835 he obtained a scholarship at +University College; and in 1836 he gained the Newdigate prize for a poem +on "The Knights of St John," which elicited special praise from Keble. +Among his college friends were Dean Stanley and Roundell Palmer, 1st +earl of Selborne. In January 1837 he was elected fellow of University +College. Meanwhile he had given up the Calvinistic views of his youth, +and had become an enthusiastic follower of John Henry Newman. In 1841 a +travelling tutorship took him to the continent; and on his return a book +appeared called _Sights and Thoughts in Foreign Churches and among +Foreign Peoples_ (London, 1842), with a dedication to his friend the +poet Wordsworth. He accepted the rectory of Elton in Huntingdonshire, +but soon after went again to the continent, in order to study the +methods of the Roman Catholic Church; and after a prolonged mental +struggle he joined the Roman Catholic communion in November 1845. He +founded a religious community at Birmingham, called Wilfridians, which +was ultimately merged in the oratory of St Philip Neri, with John Henry +Newman as Superior. In 1849 a branch of the oratory--subsequently +independent--was established in London, first in King William Street, +and afterwards at Brompton, over which Faber presided till his death on +the 26th of September 1863. In spite of his weak health, an almost +incredible amount of work was crowded into those years. He published a +number of theological works, and edited the _Oratorian Lives of the +Saints_. He was an eloquent preacher, and a man of great charm of +character. It is mainly as a hymn-writer, however, that Faber is +remembered. Among his best-known hymns are:--"The Greatness of God," +"The Will of God," "The Eternal Father," "The God of my Childhood," +"Jesus is God," "The Pilgrims of the Night," "The Land beyond the Sea," +"Sweet Saviour, bless us ere we go," "I was wandering and weary," and +"The Shadow of the Rock." The hymns are largely used in Protestant +collections. In addition to many pamphlets and translations, Faber +published the following works: _All for Jesus_; _The Precious Blood_; +_Bethlehem_; _The Blessed Sacrament_; _The Creator and the Creature_; +_Growth of Holiness; Spiritual Conferences_; _The Foot of the Cross_ (8 +vols., London, 1853-1860). + + See his _Life and Letters_, by Father J.E. Bowden (London, 1869), and + _A Brief Sketch of the Early Life of the late F.W. Faber_, D.D., by + his brother the Rev. F.A. Faber (London, 1869). + + + + +FABER, Fabri or Fabry (surnamed STAPULENSIS), JACOBUS [Jacques Lefevre +d'Etaples] (c. 1455--c. 1536), a pioneer of the Protestant movement in +France, was born of humble parents at Etaples, in Pas de Calais, +Picardy, about 1455. He appears to have been possessed of considerable +means. He had already been ordained priest when he entered the +university of Paris for higher education. Hermonymus of Sparta was his +master in Greek. He visited Italy before 1486, for he heard the lectures +of Argyropulus, who died in that year; he formed a friendship with +Paulus Aemilius of Verona. In 1492 he again travelled in Italy, studying +in Florence, Rome and Venice, making himself familiar with the writings +of Aristotle, though greatly influenced by the Platonic philosophy. +Returning to Paris, he became professor in the college of Cardinal +Lemoine. Among his famous pupils were F.W. Vatable and Farel; his +connexion with the latter drew him to the Calvinistic side of the +movement of reform. At this time he began the publication, with critical +apparatus, of Boetius (_De Arithmetica_), and Aristotle's _Physics_ +(1492), _Ethics_ (1497), _Metaphysics_ (1501) and _Politics_ (1506). In +1507 he took up his residence in the Benedictine Abbey of St Germain des +Pres, near Paris; this was due to his connexion with the family of +Briconnet (one of whom was the superior), especially with William +Briconnet, cardinal bishop of St Malo (Meaux). He now began to give +himself to Biblical studies, the first-fruit of which was his +_Quintuplex Psalterium: Gallicum, Romanum, Hebraicum, Vetus, +Conciliatum_ (1509); the _Conciliatum_ was his own version. This was +followed by _S. Pauli Epistolae xiv. ex vulgata editione, adjecta +intelligentia ex Graeco cum commentariis_ (1512), a work of great +independence and judgment. His _De Maria Magdalena et triduo Christi +disceptatio_ (1517) provoked violent controversy and was condemned by +the Sorbonne (1521). He had left Paris during the whole of 1520, and, +removing to Meaux, was appointed (May 1, 1523) vicar-general to Bishop +Briconnet, and published his French version of the New Testament (1523). +This (contemporary with Luther's German version) has been the basis of +all subsequent translations into French. From this, in the same year, he +extracted the versions of the Gospels and Epistles "a l'usage du diocese +de Meaux." The prefaces and notes to both these expressed the view that +Holy Scripture is the only rule of doctrine, and that justification is +by faith alone. He incurred much hostility, but was protected by Francis +I. and the princess Margaret. Francis being in captivity after the +battle of Pavia (February 25, 1525), Faber was condemned and his works +suppressed by commission of the parlement; these measures were quashed +on the return of Francis some months later. He issued _Le Psautier de +David_ (1525), and was appointed royal librarian at Blois (1526); his +version of the Pentateuch appeared two years later. His complete version +of the Bible (1530), on the basis of Jerome, took the same place as his +version of the New Testament. Margaret (now queen of Navarre) led him to +take refuge (1531) at Nerac from persecution. He is said to have been +visited (1533) by Calvin on his flight from France. He died in 1536 or +1537. + + See C.H. Graf, _Essai sur la vie et les ecrits_ (1842); G. + Bonet-Maury, in A. Herzog-Hauck's _Realencyklopadie_ (1898). + (A. Go.*) + + + + +FABER (or LEFEVRE), JOHANN (1478-1541), German theologian, styled from +the title of one of his works "Malleus Haereticorum," son of one +Heigerlin, a smith (_faber_), was born at Leutkirch, in Swabia, in 1478. +His early life is obscure; the tradition that he joined the Dominicans +is untenable. He studied theology and canon law at Tubingen and at +Freiburg im Breisgau, where he matriculated on the 26th of July 1509, +and graduated M.A. and doctor of canon law. He was soon appointed vicar +of Lindau and Leutkirch, and shortly afterwards canon of Basel. In 1518 +Hugo von Landenberg, bishop of Constance, made him one of his +vicars-general, and Pope Leo X. appointed him papal protonotary. He was +an advocate of reforms, in sympathy with Erasmus, and corresponded +(1519-1520) with Zwingli. While he defended Luther against Eck, he was +as little inclined to adopt the position of Luther as of Carlstadt. His +journey to Rome in the autumn of 1521 had the result of estranging him +from the views of the Protestant leaders. He published _Opus adversus +nova quaedam dogmata Lutheri_ (1522), and appeared as a disputant +against Zwingli at Zurich (1523). Then followed his _Malleus in haeresin +Lutheranam_ (1524). Among his efforts to stem the tide of Protestant +innovation was the establishment of a training-house for the maintenance +and instruction of popular preachers, drawn from the lower ranks, to +compete with the orators of reform. In 1526 he became court preacher to +the emperor Ferdinand, and in 1527 and 1528 was sent by him as envoy to +Spain and England. He approved the death by burning of Balthasar +Hubmeier, the Baptist, at Vienna on the 10th of March 1528. In 1531 he +was consecrated bishop of Vienna, and combined with this (till 1538) the +administration of the diocese of Neustadt. He died at Vienna on the 21st +of May 1541. His works were collected in three volumes, 1537, 1539 and +1541. + + See C.E. Kettner, _Diss. de J. Fabri Vita Scriptisque_ (1737); + Wagenmann and Egli in Herzog-Hauck's _Realencyklopadie_ (1898). + (A. Go.*) + + + + +FABERT, ABRAHAM DE (1599-1660), marshal of France, was the son of Abraham +Fabert, seigneur de Moulins (d. 1638), a famous printer who rendered +great services, civil and military, to Henry IV. At the age of fourteen +he entered the _Gardes francaises_, and in 1618 received a commission in +the Piedmont regiment, becoming major in 1627. He distinguished himself +repeatedly in the constant wars of the period, notably in La Rochelle and +at the siege of Exilles in 1630. His bravery and engineering skill were +again displayed in the sieges of Avesnes and Maubeuge in 1637, and in +1642 Louis XIII. made him governor of the recently-acquired fortress of +Sedan. In 1651 he became lieutenant-general, and in 1654 at the siege of +Stenay he introduced new methods of siegecraft which anticipated in a +measure the great improvements of Vauban. In 1658 Fabert was made a +marshal of France, being the first commoner to attain that rank. He died +at Sedan on the 17th of May 1660. + + See _Histoire du marechal de Fabert_ (Amsterdam, 1697); P. Barre, _Vie + de Fabert_ (Paris, 1752); A. Feillet, _Le Premier Marechal de France + plebeien_ (Paris, 1869); Bourelly, _Le Marechal Fabert_ (Paris, 1880). + + + + +FABIAN [FABIANUS], SAINT (d. 250), pope and martyr, was chosen pope, or +bishop of Rome, in January 236 in succession to Anteros. Eusebius +(_Hist. Eccl._ vi. 29) relates how the Christians, having assembled in +Rome to elect a new bishop, saw a dove alight upon the head of Fabian, a +stranger to the city, who was thus marked out for this dignity, and was +at once proclaimed bishop, although there were several famous men among +the candidates for the vacant position. Fabian was martyred during the +persecution under the emperor Decius, his death taking place on the 20th +of January 250, and was buried in the catacomb of Calixtus, where a +memorial has been found. He is said to have baptized the emperor Philip +and his son, to have done some building in the catacombs, to have +improved the organization of the church in Rome, to have appointed +officials to register the deeds of the martyrs, and to have founded +several churches in France. His deeds are thus described in the _Liber +Pontificalis_: "Hic regiones dividit diaconibus et fecit vii +subdiacones, qui vii notariis imminerent, ut gestas martyrum integro +fideliter colligerent, et multas fabricas per cymiteria fieri +praecepit." Although there is very little authentic information about +Fabian, there is evidence that his episcopate was one of great +importance in the history of the early church. He was highly esteemed by +Cyprian, bishop of Carthage; Novatian refers to his _nobilissimae +memoriae_, and he corresponded with Origen. One authority refers to him +as Flavian. + + See the article on "Fabian" by A. Harnack in Herzog-Hauck's + _Realencyklopadie_, Band v. (Leipzig, 1898). + + + + +FABIUS, the name of a number of Roman soldiers and statesmen. The Fabian +gens was one of the oldest and most distinguished patrician families of +Rome. Its members claimed descent from Hercules and a daughter of the +Arcadian Evander. From the earliest times it played a prominent part in +Roman history, and was one of the two gentes exclusively charged with +the management of the most ancient festival in Rome--the Lupercalia +(Ovid, _Fasti_, ii. 375). The chief family names of the Fabian gens or +clan, in republican times, were Vibulanus, Ambustus, Maximus, Buteo, +Pictor, Dorso, Labeo; with surnames Verrucosus, Rullianus, Gurges, +Aemilianus, Allobrogicus (all of the Maximus branch). The most important +members of the family are the following:-- + +1. MARCUS FABIUS AMBUSTUS, pontifex maximus in the year of the capture +of Rome by the Gauls (390). His three sons, Quintus, Numerius and Caeso, +although they had been sent as ambassadors to the Gauls when they were +besieging Clusium, subsequently took part in hostilities (Livy v. 35). +The Gauls thereupon demanded their surrender, on the ground that they +had violated the law of nations; the Romans, by way of reply, elected +them consular tribunes in the following year. The result was the march +of the Gauls upon Rome, the battle of the Allia, and the capture of the +city (Livy vi. 1). + +2. Q. FABIUS MAXIMUS, surnamed _Rullianus_ or _Rullus_, master of the +horse in the second Samnite War to L. Papirius Cursor, by whom he was +degraded for having fought the Samnites contrary to orders (Livy viii. +30), in spite of the fact that he gained a victory. In 315, when +dictator, he was defeated by the Samnites at Lautulae (Livy ix. 23). In +310 he defeated the Etruscans at the Vadimonian Lake. In 295, consul for +the fifth time, he defeated, at the great battle of Sentinum, the +combined forces of the Etrurians, Umbrians, Samnites and Gauls (see +ROME: _History_, II. "The Republic"). As censor (304) he altered the +arrangement of Appius Claudius Caecus, whereby the freedmen were taken +into all the tribes, and limited them to the four city tribes. For this +he is said to have received the title of _Maximus_, as the deliverer of +the comitia from the rule of the mob (Livy ix. 46), but there is reason +to think that this title was first conferred on his grandson. It is +probable that his achievements are greatly exaggerated by historians +favourable to the Fabian house. + +3. QUINTUS FABIUS MAXIMUS, surnamed _Verrucosus_ (from a wart on his +lip), _Ovicula_ ("the lamb," from his mild disposition), and _Cunctator_ +("the delayer," from his cautious tactics in the war against Hannibal), +grandson of the preceding. He served his first consulship in Liguria +(233 B.C.), was censor (230) and consul for the second time (228). In +218 he was sent to Carthage to demand satisfaction for the attack on +Saguntum (Livy xxi. 18). According to the well-known story, he held up a +fold of his toga and offered the Carthaginians the choice between peace +and war. When they declared themselves indifferent, he let fall his toga +with the words, "Then take war." After the disastrous campaign on the +Trebia, and the defeat on the banks of the Trasimene Lake, Fabius was +named dictator (Livy calls him pro-dictator, since he was nominated, not +by the consul, but by the people) in 217, and began his tactics of +"masterly inactivity." Manoeuvring among the hills, where Hannibal's +cavalry were useless, he cut off his supplies, harassed him incessantly, +and did everything except fight. His steady adherence to his plan caused +dissatisfaction at Rome and in his own camp, and aroused the suspicion +that he was merely endeavouring to prolong his command. Minucius Rufus, +his master of the horse, seized the opportunity, during the absence of +Fabius at Rome, to make an attack upon the enemy which proved +successful. The people, more than ever convinced that a forward movement +was necessary, divided the command between Minucius and Fabius (Livy +xxii. 15. 24; Polybius iii. 88). Minucius was led into an ambuscade by +Hannibal, and his army was only saved by the opportune arrival of +Fabius. Minucius confessed his mistake and henceforth submitted to the +orders of Fabius (Livy xxiii. 32). At the end of the legal time of six +months Fabius resigned the dictatorship and the war was carried on by +the consuls. The result of the abandonment of Fabian tactics was the +disaster of Cannae (216). In 215 and 214 (as consul for the third and +fourth times) he was in charge of the operations against Hannibal +together with Claudius Marcellus (Livy xxiii. 39). He laid siege to +Capua, which had gone over to Hannibal after Cannae, and captured the +important position of Casilinum; in his fifth consulship (209) he retook +Tarentum, which had been occupied by Hannibal for three years (Livy +xxvii. 15; Polybius xiii. 4; Plutarch, _Fabius_). He died in 203. Fabius +was a strenuous opponent of the new aggressive policy, and did all he +could to prevent the invasion of Africa by Scipio. He was distinguished +for calmness and prudence, while by no means lacking in courage when it +was required. In his later years, however, he became morose, and showed +jealousy of rising young men, especially Scipio (_Life_ by Plutarch; +Livy xx.-xxx.; Polybius iii. 87-106). + +4. Q. FABIUS MAXIMUS AEMILIANUS, eldest son of L. Aemilius Paullus, +adopted by Fabius Cunctator. He served in the last Macedonian War (168), +and, as consul, defeated Viriathus in Spain (Livy, _Epit_. 52). He was +the pupil and patron of Polybius (Polybius xviii., xxix. 6, xxxii. 8-10; +Livy xliv. 35). + +5. Q. FABIUS MAXIMUS ALLOBROGICUS, son of the above, consul 121 in Gaul. +He obtained his surname from his victory over the Allobroges and Arverni +in that year (Vell. Pat. ii. 10; Eutropius iv. 22). As censor (108) he +erected the first triumphal arch. + +6. Q. FABIUS VIBULANUS, with his brothers Caeso and Marcus, filled the +consulship for seven years in succession (485-479 B.C.). In the last year +there was a reaction against the family, in consequence of Caeso +espousing the cause of the plebeians. Thereupon the Fabii--to the number, +it is said, of 306 patricians, with some 5000 dependents--emigrated from +Rome under the leadership of Caeso, and settled on the banks of the +Cremera, a few miles above Rome. For two years the exiles continued to be +the city's chief defence against the Veientes, until at last they were +surprised and cut off. The only survivor of the gens was Quintus, the sen +of Marcus, who apparently took no part in the battle. The story that he +had been left behind at Rome on account of his youth cannot be true, as +he was consul ten years afterwards. This Quintus was consul in 467, 465 +and 459, and a member of the second decemvirate in 450, on the fall of +which he went into voluntary exile (Livy ii. 42, 48-50, iii. 1, 9, 41, +58, vi. 1; Dion. Halic. viii. 82-86, ix. 14-22: Ovid, _Fasti_, ii. 195). + + The Fabian name is met with as late as the 2nd century A.D. A complete + list of the Fabii will be found in de Vit's _Onomasticon_; see also + W.N. du Rieu, _Disputatio de Gente Fabia_ (1856), containing an + account of 57 members of the family. + + + + +FABIUS PICTOR, QUINTUS, the father of Roman history, was born about 254 +B.C. He was the grandson of Gaius Fabius, who received the surname +_Pictor_ for his painting of the temple of Salus (302). He took an +active part in the subjugation of the Gauls in the north of Italy (225), +and after the battle of Cannae (216) was employed by the Romans to +proceed to Delphi in order to consult the oracle of Apollo. He was the +earliest prose writer of Roman history. His materials consisted of the +_Annales Maximi_, _Commentarii Consulares_, and similar records; the +chronicles of the great Roman families; and his own experiences in the +Second Punic War. He is also said to have made much use of the Greek +historian Diodes of Peparethus. His work, which was written in Greek, +began with the arrival of Aeneas in Italy, and ended with the Hannibalic +war. Although Polybius and Dionysius of Halicarnassus frequently find +fault with him, the first uses him as his chief authority for the Second +Punic War. A Latin version of the work was in existence in the time of +Cicero, but it is doubtful whether it was by Fabius Pictor or by a later +writer with whom he was confused--Q. Fabius Maximus Servilianus (consul +142); or there may have been two annalists of the name of Fabius Pictor. + + Fragments in H. Peter, _Historicorum Romanorum Fragmenta_ (1883); see + also ANNALISTS and LIVY, and Teuffel-Schwabe, _History of Roman + Literature_, S 116. + + + + +FABLE (Fr. _fable_, Lat. _fabula_). With certain restrictions, the +necessity of which will be shown in the course of the article, we may +accept the definition of "fable" which Dr Johnson proposes in his _Life +of Gay_: "A _fable_ or _apologue_ seems to be, in its genuine state, a +narrative in which beings irrational, and sometimes inanimate (_arbores +loquuntur, non tantum ferae_), are, for the purpose of moral +instruction, feigned to act and speak with human interests and +passions." The description of La Fontaine, the greatest of fabulists, is +a poetic rendering of Johnson's definition: + + "Fables in sooth are not what they appear; + Our moralists are mice, and such small deer. + We yawn at sermons, but we gladly turn + To moral tales, and so amused we learn." + +The fable is distinguished from the myth, which grows and is not made, +the spontaneous and unconscious product of primitive fancy as it plays +round some phenomenon of natural or historical fact. The literary myth, +such as, for instance, the legend of Pandora in Hesiod or the tale of Er +in the _Republic_ of Plato, is really an allegory, and differs from the +fable in so far as it is self-interpreting; the story and the moral are +intermingled throughout. Between the parable and the fable there is no +clear line of demarcation, and theologians like Trench have +unwarrantably narrowed their definition of a parable to fit those of the +New Testament. The soundest distinction is drawn by Neander. In the +fable human passions and actions are attributed to beasts; in the +parable the lower creation is employed only to illustrate the higher +life and never transgresses the laws of its kind. But whether Jotham's +apologue of the trees choosing a king, perhaps the first recorded in +literature, should be classed as a fable or a parable is hardly worth +disputing. Lastly, we may point out the close affinity between the fable +and the proverb. A proverb is often a condensed or fossilized fable, and +not a few fables are amplified or elaborated proverbs. + +The history of the fable goes back to the remotest antiquity, and Aesop +has even less claim to be reckoned the father of the fable than has +Homer to be entitled the father of poetry. The fable has its origin in +the universal impulse of men to express their thoughts in concrete +images, and is strictly parallel to the use of metaphor in language. It +is the most widely diffused if not the most primitive form of +literature. Though it has fallen from its high place it still survives, +as in J. Chandler Harris's _Uncle Remus_ and Rudyard Kipling's _Jungle +Book_. The Arab of to-day will invent a fable at every turn of the +conversation as the readiest form of argument, and in the _Life_ of +Coventry Patmore it is told how an impromptu fable of his about the +pious dormouse found its way into Catholic books of devotion. + +With the fable, as we know it, the moral is indispensable. As La +Fontaine puts it, an apologue is composed of two parts, body and soul. +The body is the story, the soul the morality. But if we revert to the +earliest type we shall find that this is no longer the case. In the +primitive beast-fable, which is the direct progenitor of the Aesopian +fable, the story is told simply for its own sake, and is as innocent of +any moral as the fairy tales of Little Red Riding-Hood and Jack and the +Beanstalk. Thus, in a legend of the Flathead Indians, the Little Wolf +found in cloud-land his grandsires the Spiders with their grizzled hair +and long crooked nails, and they spun balls of thread to let him down to +earth; when he came down and found his wife the Speckled Duck, whom the +Old Wolf had taken from him, she fled in confusion, and this is why she +lives and dives alone to this very day. Such animal myths are as common +in the New World as in the Old, and abound from Finland and Kamtchatka +to the Hottentots and Australasians. From the story invented, as the one +above quoted, to account for some peculiarity of the animal world, or +told as a pure exercise of the imagination, just as a sailor spins a +yarn about the sea-serpent, to the moral apologue the transition is +easy; and that it has been effected by savages unaided by the example of +higher races seems sufficiently proved by the tales quoted by E.B. Tylor +(_Primitive Culture_, vol. i. p. 411). From the beast-fables of savages +we come next to the Oriental apologues, which we still possess in their +original form. The East, the land of myth and legend, is the natural +home of the fable, and Hindustan was the birthplace, if not of the +original of these tales, at least of the oldest shape in which they +still exist. The _Pancha Tantra_ (2nd century B.C.), or fables of the +Brahma Vishnu Sarman, have been translated from Sanskrit into almost +every language and adapted by most modern fabulists. The _Kalilah_ and +_Dimna_ (names of two jackals), or fables of Bidpai (or Pilpai), passed +from India to western Europe through the successive stages of Pahlavi +(ancient Persian), Arabic, Greek, Latin. By the end of the 16th century +there were Italian, French and English versions. There is an excellent +Arabic edition (Paris, 1816) with an introduction by Sylvestre de Sacy. +The _Hitopadesa_, or "friendly instruction," is a modernized form of the +same work, and of it there are three translations into English by Dr +Charles Wilkins, Sir William Jones and Professor F. Johnson. The +_Hitopadesa_ is a complete chaplet of fables loosely strung together, +but connected so as to form something of a continuous story, with moral +reflections freely interspersed, purporting to be written for the +instruction of some dissolute young princes. Thus, in the first fable a +flock of pigeons see the grains of rice which a fowler has scattered, +and are about to descend on them, when the king of the pigeons warns +them by telling the fable of a traveller who being greedy of a bracelet +was devoured by a tiger. They neglect his warning and are caught in the +net, but are afterwards delivered by the king of the mice, who tells the +story of the Deer, the Jackal and the Crow, to show that no real +friendship can exist between the strong and the weak, the beast of prey +and his quarry, and so on to the end of the volume. Another book of +Eastern fables is well worthy of notice, _Buddhaghosha's Parables_, a +commentary on the _Dhammapada_ or _Buddha's Paths of Virtue_. The +original is in Pali, but an English translation of the Burmese version +was made by Captain T. Rogers, R.E. + +From Hindustan the Sanskrit fables passed to China, Tibet and Persia; +and they must have reached Greece at an early age, for many of the +fables which passed under the name of Aesop are identical with those of +the East. Aesop to us is little more than a name, though, if we may +trust a passing notice in Herodotus (ii. 134), he must have lived in the +6th century B.C. Probably his fables were never written down, though +several are ascribed to him by Xenophon, Aristotle, Plutarch and other +Greek writers, and Plato represents Socrates as beguiling his last days +by versifying such as he remembered. Aristophanes alludes to them as +merry tales, and Plato, while excluding the poets from his ideal +republic, admits Aesop as a moral teacher. Of the various versions of +_Aesop's Fables_, by far the most trustworthy is that of Babrius or +Babrias, a Greek probably of the 3rd century A.D., who rendered them in +choliambic verse. These, which were long known in fragments only, were +recovered in a MS. found by M. Minas in a monastery on Mount Athos in +1842, now in the British Museum.[1] An inferior version of the same in +Latin iambics was made by Phaedrus, a slave of Thracian origin, brought +to Rome in the time of Augustus and manumitted by him. Phaedrus +professes to polish in senarian verse the rough-hewn blocks from Aesop's +quarry; but the numerous allusions to contemporary events, as, for +example, his hit at Sejanus in the Frogs and the Sun, which brought upon +the author disgrace and imprisonment, show that many of them are +original or free adaptations. For some time scholars doubted as to the +genuineness of Phaedrus's fables, but their doubts have been lately +dispelled by a closer examination of the MSS. and by the discovery of +two verses of a fable on a tomb at Apulum in Dacia. Phaedrus's style is +simple, clear and brief, but dry and unpoetical; and, as Lessing has +pointed out, he often falls into absurdities when he deserts his +original. For instance, in Aesop the dog with the meat in his mouth sees +his reflection in the water as he passes over a bridge; Phaedrus makes +him see it as he swims across the river. + +To sum up the characteristics of the Aesopian fable, it is artless, +simple and transparent. It affects no graces of style, and we hardly +need the text with which each concludes, [Greek: ho mythos deloi hoti, +k.t.l.] The moral inculcated is that of _Proverbial Philosophy_ and +_Poor Richard's Almanacks_. Aesop is no maker of phrases, but an orator +who wishes to gain some point or induce some course of action. It is the +Aesopian type that Aristotle has in view when he treats of the fable as +a branch of rhetoric, not of poetry. + +The Latin race was given to moralizing, and the language lent itself to +crisp and pointed narrative, but they lacked the free play of fancy, the +childlike "make-believe," to produce a national body of fables. With the +doubtful exception of Phaedrus, we possess nothing but solitary +examples, such as the famous apologue of Menenius Agrippa to the Plebs +and the exquisite Town Mouse and Country Mouse of Horace's _Satires_. + +The fables of the rhetorician Aphthonius about A.D. 400 in Greek prose, +and those in Latin elegiac verse by Avianus, used for centuries as a +text-book in schools, form in the history of the apologue a link between +classical and medieval times. In a Latin dress, sometimes in prose, +sometimes in regular verse, and sometimes in rhymed stanzas, the fable +contributed, with other kinds of narratives, to make up the huge mass of +stories which has been bequeathed to us by the monastic libraries. These +served more uses than one. They were at once easier and safer reading +than the classics. To the lazy monk they stood in place of novels; to +the more industrious and gifted they furnished an exercise on a par with +Latin verse composition in our public schools; the more original +transformed them into _fabliaux_, or embodied them in edifying stories, +as in the _Gesta Romanorum_. It is not in the _Speculum Doctrinale_ of +Vincent de Beauvais, a Dominican of the 12th century, nor in the +collection of his contemporary Odo de Cerinton, an English Cistercian, +nor in Planudes of the 14th century, whose one distinction is to have +added to the fables a life of Aesop, that the direct lineage of La +Fontaine must be traced. It is the _fabliaux_ that inspired some of his +best fables--the Lion's Court, the Young Widow, the Coach and the Fly. + +As the supremacy of Latin declined and modern languages began to be +turned to literary uses, the fable took a new life. Not only were there +numerous adaptations of Aesop, known as Ysopets, but Marie de France in +the 13th century composed many original fables, some rivalling La +Fontaine's in simplicity and gracefulness. Later, also, fables were not +wanting, though not numerous, in the English tongue. Chaucer has given +us one, in his Nonne Preste's Tale, which is an expansion of the fable +_Don Coc et don Werpil_ of Marie de France; another is Lydgate's tale of +The Churl and the Bird. + +Several of Odo's tales, like Chaucer's story, can be ultimately traced +to the History of Reynard the Fox. This great beast-epic has been +referred by Grimm as far back as the 10th century, and is known to us in +three forms, each with independent episodes, but all woven upon a common +basis. The Latin form is probably the earliest, and the poems +_Reinardus_ and _Ysengrinus_ date from the 10th or 11th century. Next +come the German versions. The most ancient, that of a minnesinger +Heinrich der Glichesaere (probably a Swabian), was analysed and edited +by Grimm in 1840. The French poem of more than 30,000 lines, the _Roman +du Renard_, belongs probably to the 13th century. In 1498 appeared +_Reynke de Voss_, almost a literal version in Low Saxon of the Flemish +poem of the 12th century, _Reinaert de Vos_. Hence the well-known +version of Goethe into modern German hexameters was taken. The poem has +been well named "an unholy world Bible." In it the Aesopian fable +received a development which was in several respects quite original. We +have here no short and unconnected stories. Materials, partly borrowed +from older apologues, but in a much greater proportion new, are worked +up into one long and systematic tale. The moral, so prominent in the +fable proper, shrinks so far into the background, that the epic might be +considered a work of pure fiction, an animal romance. The attempts to +discover in it personal satire have signally failed; some critics deny +even the design to represent human conduct at all; and we can scarcely +get nearer to its signification than by regarding it as being, in a +general way, what Carlyle has called "a parody of human life." It +represents a contest maintained successfully, by selfish craft and +audacity, against enemies of all sorts, in a half-barbarous and +ill-organized society. With his weakest foes, like Chaunteclere the +Cock, Reynard uses brute-force; over the weak who are protected, like +Kiward the Hare and Belin the Ram, he is victorious by uniting violence +with cunning; Bruin, the dull, strong, formidable Bear, is humbled by +having greater power than his own enlisted against him; and the most +dangerous of all the fox's enemies, Isengrim, the obstinate, greedy and +implacable Wolf, after being baffled by repeated strokes of malicious +ingenuity, forces Reynard to a single combat, but even thus is not a +match for his dexterous adversary. The knavish fox has allies worthy of +him in Grimbart the watchful badger, and in his own aunt Dame Rukenawe, +the learned She-ape; and he plays at his pleasure on the simple +credulity of the Lion-King, the image of an impotent feudal sovereign. +The characters of these and other brutes are kept up with a rude kind of +consistency, which gives them great liveliness; many of the incidents +are devised with much force of humour; and the sly hits at the weak +points of medieval polity and manners and religion are incessant and +palpable. + +It is needless to trace the fable, or illustrations borrowed from +fables, that so frequently occur as incidental ornaments in the older +literature of England and other countries. It has appeared in every +modern nation of Europe, but has nowhere become very important, and has +hardly ever exhibited much originality either of spirit or of manner. In +English, Prior transplanted from France some of La Fontaine's ease of +narration and artful artlessness, while Gay took as his model the +_Contes_ rather than the _Fables_. Gay's fables are often political +satires, but some, like the Fox on his Deathbed, have the true ring, and +in the Hare with many Friends there is genuine pathos. To Dryden's +spirited remodellings of old poems, romances and _fabliaux_, the name of +fables, which he was pleased to give them, is quite inapplicable. In +German, Hagedorn and Gellert, both famous in their day and the latter +extolled by Goethe, are quite forgotten; and even Lessing's fables are +read by few but schoolboys. In Spanish, Yriarte's fables on literary +subjects are sprightly and graceful, but the critic is more than the +fabulist. A spirited version of the best appeared in _Blackwood's +Magazine_, 1839. Among Italians Pignotti is famous for versatility and +command of rhythm, as amongst Russians is Kriloff for his keen satire on +Russian society. He has been translated into English by Ralston. + +France alone in modern times has attained any pre-eminence in the fable, +and this distinction is almost entirely owing to one author. Marie de +France in the 13th century, Gilles Corrozet, Guillaume Haudent and +Guillaume Gueroult in the 16th, are now studied mainly as the +precursors of La Fontaine, from whom he may have borrowed a stray hint +or the outline of a story. The unique character of his work has given a +new word to the French language: other writers of fables are called +_fabulistes_, La Fontaine is named _le fablier_. He is a true poet; his +verse is exquisitely modulated; his love of nature often reminds us of +Virgil, as do his tenderness and pathos (see, for instance, The Two +Pigeons and Death and the Woodcutter). He is full of sly fun and +delicate humour; like Horace he satirizes without wounding, and "plays +around the heart." Lastly, he is a keen observer of men. The whole +society of the 17th century, its greatness and its foibles, its luxury +and its squalor, from _Le grand monarque_ to the poor _manant_, from his +majesty the lion to the courtier of an ape, is painted to the life. To +borrow his own phrase, La Fontaine's fables are "une ample comedie a +cent actes divers." Rousseau did his best to discredit the _Fables_ as +immoral and corruptors of youth, but in spite of _Emile_ they are +studied in every French school and are more familiar to most Frenchmen +than their breviary. Among the successors of La Fontaine the most +distinguished is Florian. He justly estimates his own merits in the +pretty apologue that he prefixed to his _Fables_. He asks a sage whether +a fabulist writing after La Fontaine would not be wise to consign his +work to the flames. The sage replies by a question: "What would you say +did some sweet, ingenuous Maid of Athens refuse to let herself be seen +because there was once a Helen of Troy?" + +The fables of Lessing represent the reaction against the French school +of fabulists. "With La Fontaine himself," says Lessing, "I have no +quarrel, but against the imitators of La Fontaine I enter my protest." +His attention was first called to the fable by Gellert's popular work +published in 1746. Gellert's fables were closely modelled after La +Fontaine's, and were a vehicle for lively railings against the fair sex, +and hits at contemporary follies. Lessing's early essays were in the +same style, but his subsequent study of the history and theory of the +fable led him to discard his former model as a perversion of later +times, and the "Fabeln," published in 1759, are the outcome of his riper +views. Lessing's fables, like all that he wrote, display his vigorous +common sense. He has, it is true, little of La Fontaine's _curiosa +felicitas_, his sly humour and lightness of touch; and Frenchmen would +say that his criticism of La Fontaine is an illustration of the fable of +the sour grapes. On the other hand, he has the rare power of looking at +both sides of a moral problem; he holds a brief for the stupid and the +feeble, the ass and the lamb; and in spite of his formal protest against +poetical ornament, there is in not a few of his fables a vein of true +poetry, as in the Sheep (ii. 13) and Jupiter and the Sheep (ii. 18). But +the monograph which introduced the _Fabeln_ is of more inportance than +the fables themselves. According to Lessing the ideal fable is that of +Aesop. All the elaborations and refinements of later authors, from +Phaedrus to La Fontaine, are perversions of this original. The fable is +essentially a moral precept illustrated by a single example, and it is +the lesson thus enforced which gives to the fable its unity and makes it +a work of art. The illustration must be either an actual occurrence or +represented as such, because a fictitious case invented _ad hoc_ can +appeal but feebly to the reader's judgment. Lastly, the fable requires a +story or connected chain of events. A single fact will not make a fable, +but is only an emblem. We thus arrive at the following definition:--"A +fable is a relation of a series of changes which together form a whole. +The unity of the fable consists herein, that all the parts lead up to an +end, the end for which the fable was invented being the moral precept." + +We may notice in passing a problem in connexion with the fable which had +long been debated, but never satisfactorily resolved till Lessing took +it in hand--Why should animals have been almost universally chosen as +the chief _dramatis personae_? The reason, according to Lessing, is that +animals have distinct characters which are known and recognized by all. +The fabulist who writes of Britannicus and Nero appeals to the few who +know Roman history. The Wolf and the Lamb comes home to every one +whether learned or simple. But, besides this, human sympathies obscure +the moral judgment; hence it follows that the fable, unlike the drama +and the epos, should abstain from all that is likely to arouse our +prejudices or our passions. In this respect the Wolf and the Lamb of +Aesop is a more perfect fable than the Rich Man and the Poor Man's Ewe +Lamb of Nathan. + +Lessing's analysis and definition of the fable, though he seems himself +unconscious of the scope of his argument, is in truth its death-warrant. +The beast-fable arose in a primitive age when men firmly believed that +beasts could talk and reason, that any wolf they met might be a +were-wolf, that a peacock might be a Pythagoras in disguise, and an ox +or even a cat a being worthy of their worship. To this succeeded the +second age of the fable, which belongs to the same stage of culture as +the Hebrew proverbs and the gnomic poets of Greece. That honesty is the +best policy, that death is common to all, seemed to the men of that day +profound truths worthy to be embalmed in verse or set off by the aid of +story or anecdote. Last comes an age of high literary culture which +tolerates the trite morals and hackneyed tales for the sake of the +exquisite setting, and is amused at the wit which introduces topics and +characters of the day under the transparent veil of animal life. Such an +artificial product can be nothing more than the fashion of a day, and +must, like pastoral poetry, die a natural death. A serious moralist +would hardly choose that form to inculcate, like Mandeville in his +_Fable of the Bees_, a new doctrine in morals, for the moral of the +fable must be such that he who runs may read. A true poet will not care +to masquerade as a moral teacher, or show his wit by refurbishing some +old-world maxim. Yet Taine in France, Lowell in America, and J.A. Froude +in England have proved that the fable as one form of literature is not +yet extinct, and is capable of new and unexpected developments. + + BIBLIOGRAPHY.--_Pantschatantrum_, ed. Kosegarten (Bonn, 1848); + _Hitopadesa_, ed. Max Muller (1864); Silvestre de Sacy, _Calilah et + Dimna, ou Fables de Bidpai, en Arabe, precedees d'un memoire sur + l'origine de ce livre_ (Paris, 1816), translated by the Rev. Wyndham + Knatchbull (Oxford, 1819); Comparetti, _Ricerche intorno al Libro di + Sindebad_ (Milan, 1869); Max Muller, "Migration of Fables," _Chips + from a German Workshop_, vol. iv. (1875); Keller, _Untersuchungen uber + die Geschichte der griechischen Fabel_ (Leipzig, 1862); _Babrius_, ed. + W.G. Rutherford, with excursus on Greek fables (1883); L. Hervieux, + _Les Fabuiistes latins_ (1884); Jakob Grimm, _Reinhart Fuchs_ (Berlin, + 1834); A.C.M. Robert, _Fables inedites des XII^e, XIII^e, et XIV^e + siecles_, &c. (Paris, 1825); Taine, _Essai sur les fables de La + Fontaine_ (1853); Saint-Marc Girardin, _La Fontaine et les fabulistes_ + (Paris, 1867). (F. S.) + + +FOOTNOTE: + + [1] M. Minas professed to have discovered under the same + circumstances another collection of ninety-four fables by Babrius. + This second part was accepted by Sir G.C. Lewis, but J. Conington + conclusively proved it spurious, and probably a forgery. See BABRIUS. + + + + +FABLIAU. The entertaining tales in eight-syllable rhymed verse which +form a marked section of French medieval literature are called +_fabliaux_, the word being derived by Littre from _fablel_, a diminutive +of _fable_. It is a mistake to suppose, as is frequently done, that +every legend of the middle ages is a fabliau. In a poem of the 12th +century a clear distinction is drawn between songs of chivalry, war or +love, and _fabliaux_, which are recitals of laughter. A fabliau always +related an event; it was usually brief, containing not more than 400 +lines; it was neither sentimental, religious nor supernatural, but comic +and gay. MM. de Montaiglon and Raynaud, who have closely investigated +this class of literature, consider that about 150 fabliaux have come +down to us more or less intact; a vast number have doubtless +disappeared. It appears from a phrase in the writings of the trouvere, +Henri d'Andeli, that the fabliau was not thought worthy of being copied +out on parchment. The wonder, then, is that so many of these ephemeral +compositions have been preserved. Arguments brought forward by M. Joseph +Bedier, however, tend to show that we need not regret the disappearance +of the majority of the fabliaux, as those which were copied into MSS. +were those which were felt to be of the greatest intrinsic value. As +early as the 8th century fabliaux must have existed, since the faithful +are forbidden to take pleasure in these _fabulas inanes_ by the +_Paenitentiale_ of Egbert. But it appears that all the early examples +are lost. + +In the opinion of the best scholars, the earliest surviving fabliau is +that of _Richeut_, which dates from 1159. This is a rough and powerful +study of the coarse life of the day, with little plot, but engaged with +a realistic picture of manners. Such poems, but of a more strictly +narrative nature, continued to be produced, mainly in the north and +north-east of France, until the middle of the 14th century. Much +speculation has been expended on the probable sources of the tales which +the trouveres told. The Aryan theory, which saw in them the direct +influence of India upon Europe, has now been generally abandoned. It +does not seem probable that any ancient or exotic influences were +brought to bear upon the French jongleurs, who simply invented or +adapted stories of that universal kind which springs unsown from every +untilled field of human society. More remarkable than the narratives +themselves is the spirit in which they are told. This is full of the +national humour and the national irony, the true _esprit gaulois_. A +very large section of these popular poems deals satirically with the +pretensions of the clergy. Such are the famous _Pretre aux mures_, the +_Pretre qui dit la Passion_ and _Les Perdrix_. Some of these are +innocently merry; others are singularly depraved and obscene. Another +class of fabliaux is that which comprises jests against the professions; +in this, the most prominent example is _Le Vilain Mire_, a satire on +doctors, which curiously predicts the _Medecin malgre lui_ of Moliere. +There are also tales whose purpose is rather voluptuous than witty, and +whose aim is to excuse libertinage and render marriage ridiculous. Among +these are prominent _Court Mantel_ and _Le Dit de Berenger_. Yet another +class repeated, with a strain of irony or oddity, such familiar +classical stories as those of Narcissus, and Pyramus and Thisbe. It is +rarely that any elevation of tone raises these poems above a familiar +and even playful level, but there are some that are almost idealistic. +Among these the story of a sort of Sisyphus errant, _Le Chevalier de +Barizel_, offers an ethical interest which lifts it in certain respects +above all other surviving fabliaux. An instance of the pathetic fabliau +is _Housse Partie_, a kind of primitive version of the story of King +Lear. + +In composing these pieces, of very varied character, the jongleurs have +practised an art which was in many respects rudimentary, but sincere and +simple. The student of language finds the rich vocabulary of the +fabliaux much more attractive to him than the conventionality of the +serious religious and amatory poems of the same age. The object of the +writers was the immediate amusement of their audience; by reference to +familiar things, they hoped to arouse a quick and genuine merriment. +Hence their incorrectness and their negligence are balanced by a +delightful ease and absence of pedantry, and in the fabliaux we get +closer than elsewhere to the living diction of medieval France. It is +true that if we extend too severe a judgment to these pieces, we may +find ourselves obliged to condemn them altogether. An instructed French +critic, vexed with their faults, has gone so far as to say that "the +subjects of these tales are degrading, their inspiration nothing better +than flat and cruel derision, their distinguishing features rascality, +vulgarity and platitude of style." From one point of view, this +condemnation of the fabliau is hardly too severe. But such scholars as +Gaston Paris and Paul Meyer have not failed to emphasize other sides to +the question. They have praised, in the general laxity of style and +garrulity of the middle ages, the terseness of the jongleurs; in the +period of false ornament, their fidelity to nature; in a time of general +vagueness, the sharp and picturesque outlines of their art. One feature +of the fabliaux, however, cannot be praised and yet must not be +overlooked. In no other section of the world's literature is the scorn +and hatred of women so prominent. It is difficult to account for the +anti-feminine rage which pervades the fabliaux, and takes hideous shapes +in such examples as _Le Valet aux deux femmes_, _Le Pecheur de +Pont-sur-Seine_ and _Chicheface et Bigorne_. Probably this was a violent +reaction against the extravagant cult of woman as expressed in the +contemporary _lais_ as well as in the legends of saints. The +exaggeration was not greater in the one case than in the other, and it +is probable that the exaltation was made endurable to those who listened +to the trouveres by the corresponding degradation. We must remember, +too, that those who listened were not nobles or clerks, they were the +common people. The fabliaux were _fabellae ignobilium_, little stories +told to amuse persons of low degree, who were irritated by the moral +pretensions of their superiors. + +The names of about twenty of the authors of fabliaux have been +preserved, although in most cases nothing is known of their personal +history. The most famous poet of this class of writing is the man whose +name, or more probably pseudonym, was Rutebeuf. He wrote _Frere Denyse_ +and _Le Sacristain_, while to him is attributed the _Dit d'Aristote_, in +the course of which Aristotle gives good advice to Alexander. Fabliaux, +however, form but a small part of the work of Rutebeuf, who was a +satirical poet of wide accomplishment and varied energy. Most of the +jongleurs who wrote these merry and indecent tales in octosyllabic verse +were persons of less distinction. Henri d'Andeli was an ecclesiastic, +attached, it is supposed, to the cathedral of Rouen. Jean de Conde, who +flourished in the court of Hainaut from 1310 to 1340, and who is the +latest of the genuine writers of fabliaux, lived in comfort and +security, but most of the professional jongleurs seem to have spent +their years in a Bohemian existence, wandering among the clergy and the +merchant class, alternately begging for money and food and reciting +their mocking verses. + + The principal authorities for the fabliaux are MM. Anatole de + Montaiglon and Gaston Raynaud, who published the text, in 6 vols., + between 1872 and 1890. This edition corrected and supplemented the + very valuable labours of Meon (1808-1823) and Jubinal (1839-1842). The + works of Henri d'Andeli were edited by M.A. Heron in 1880, and those + of Rutebeuf were made the subject of an exhaustive monograph by M. + Leon Cledat in 1891. See also the editions of separate fabliaux by + Gaston Paris, Paul Meyer, Ebeling, August Scheler and other modern + scholars. M. Joseph Bedier's _Les Fabliaux_ (1895) is a useful summary + of critical opinion on the entire subject. (E. G.) + + + + +FABRE, FERDINAND (1830-1898), French novelist, was born at Bedarieux, in +Herault, a very picturesque district of the south of France, which he +made completely his own in literature. He was the son of a local +architect, who failed in business, and Ferdinand was brought up by his +uncle, the Abbe Fulcran Fabre, at Camplong among the mulberry woods. Of +his childhood and early youth he has given a charming account in _Ma +Vocation_ (1889). He was destined to the priesthood, and was sent for +that purpose to the seminary of St Pons de Thomieres, where, in 1848, he +had, as he believed, an ecstatic vision of Christ, who warned him "It is +not the will of God that thou shouldst be a priest." He had now to look +about for a profession, and, after attempting medicine at Montpellier, +was articled as a lawyer's clerk in Paris. In 1853 he published a volume +of verses, _Feuilles de lierre_, broke down in health, and crept back, +humble and apparently without ambition, to his old home at Bedarieux. +After some eight or nine years of country life he reappeared in Paris, +with the MS. of his earliest novel, _Les Courbezon_ (1862), in which he +treated the subject which was to recur in almost all his books, the +daily business of country priests in the Cevennes. This story enjoyed an +immediate success with the literary class of readers; George Sand +praised it, Sainte-Beuve hailed in its author "the strongest of the +disciples of Balzac," and it was crowned by the French Academy. From +this time forth Fabre settled down to the production of novels, of which +at the time of his death he had published about twenty. Among these the +most important were _Le Chevrier_ (1868), unique among his works as +written in an experimental mixture of Cevenol patois and French of the +16th century; _L'Abbe Tigrane, candidat a la papaute_ (1873), by common +consent the best of all Fabre's novels, a very powerful picture of +unscrupulous priestly ambition; _Mon Oncle Celestin_ (1881), a study of +the entirely single and tender-hearted country abbe; and _Lucifer_ +(1884), a marvellous gallery of serious clerical portraits. In 1883 +Fabre was appointed curator of the Mazarin Library, with rooms in the +Institute, where, on 11th February 1898, he died after a brief attack of +pneumonia. Ferdinand Fabre occupies in French literature a position +somewhat analogous to that of Mr Thomas Hardy amongst English writers of +fiction. He deals almost exclusively with the population of the mountain +villages of Herault, and particularly with its priests. He loved most of +all to treat of the celibate virtues, the strictly ecclesiastical +passions, the enduring tension of the young soul drawn between the +spiritual vocation and the physical demands of nature. Although never a +priest, he preserved a comprehension of and a sympathy with the clerical +character, and he always indignantly denied that he was hostile to the +Church, although he stood just outside her borders. Fabre possessed a +limited and a monotonous talent, but within his own field he was as +original as he was wholesome and charming. + + See also J. Lemaitre, _Les Contemporains_, vol. ii.; G. Pellissier, + _Etudes de litterature contemporaine_ (1898); E.W. Gosse, _French + Profiles_ (1905). (E. G.) + + + + +FABRE D'EGLANTINE, PHILIPPE FRANCOIS NAZAIRE (1750-1794), French +dramatist and revolutionist, was born at Carcassonne on the 28th of July +1750. His real name was simple Fabre, the "d'Eglantine" being added in +commemoration of his receiving the golden eglantine of Clemence Isaure +from the academy of the floral games at Toulouse. After travelling +through the provinces as an actor, he came to Paris, and produced an +unsuccessful comedy entitled _Les Gens de lettres, ou le provincial a +Paris_ (1787). A tragedy, _Augusta_, produced at the _Theatre Francais_, +was also a failure. One only of his plays, _Philinte, ou la suite du +Misanthrope_ (1790), still preserves its reputation. It professes to be +a continuation of Moliere's _Misanthrope_, but the hero of the piece is +of a different character from the nominal prototype--an impersonation, +indeed, of pure and simple egotism. On its publication the play was +introduced by a preface, in which the author mercilessly satirizes the +_Optimiste_ of his rival J.F. Collin d'Harleville, whose _Chateaux en +Espagne_ had gained the applause which Fabre's _Presomptueux_ (1789) had +failed to win. The character of Philinte had much political +significance. Alceste received the highest praise, and evidently +represents the citizen patriot, while Philinte is a dangerous aristocrat +in disguise. Fabre was president and secretary of the club of the +Cordeliers, and belonged also to the Jacobin club. He was chosen by +Danton as his private secretary, and sat in the National Convention. He +voted for the king's death, supporting the _maximum_ and the law of the +suspected, and he was a bitter enemy of the Girondins. After the death +of Marat he published a _Portrait de l'Ami du Peuple_. On the abolition +of the Gregorian calendar he sat on the committee entrusted with the +formation of the republican substitute, and to him was due a large part +of the new nomenclature, with its poetic _Prairial and Floreal_, its +prosaic _Primidi_ and _Duodi_. The report which he made on the subject, +on the 24th of October, has some scientific value. On the 12th of +January 1794 he was arrested by order of the committee of public safety +on a charge of malversation and forgery in connexion with the affairs of +the Compagnie des Indes. Documents still existing prove that the charge +was altogether groundless. During his trial Fabre showed the greatest +calmness and sang his own well-known song of _Il pleut, il pleut, +bergere, rentre tes blancs moutons_. He was guillotined on the 5th of +April 1794. On his way to the scaffold he distributed his manuscript +poems to the people. + +A posthumous play, _Les Precepteurs_, steeped with the doctrines of +Rousseau's _Emile_, was performed on the 17th of September 1794, and met +with an enthusiastic reception. Among Fabre's other plays are the gay +and successful _Convalescent de qualite_ (1791), and _L'Intrigue +epistolaire_ (1791). In the latter play Fabre is supposed to have drawn +a portrait of the painter Jean Baptiste Greuze. + + The author's _Oeuvres melees et posthumes_ were published at Paris + 1802, 2 vols. See Albert Maurin, _Galerie hist. de la Revolution + francaise_, tome 11; Jules Janin, _Hist. de la litt. dram._; Chenier, + _Tableau de la litt. francaise_; F.A. Aulard in the _Nouvelle Revue_ + (July 1885). + + + + +FABRETTI, RAPHAEL (1618-1700), Italian antiquary, was born in 1618 at +Urbino in Umbria. He studied law at Cagli and Urbino, where he took the +degree of doctor at the age of eighteen. While in Rome he attracted the +notice of Cardinal Lorenzo Imperiali, who employed him successively as +treasurer and auditor of the papal legation in Spain, where he remained +thirteen years. Meanwhile, his favourite classical and antiquarian +studies were not neglected; and on his return journey he made important +observations of the relics and monuments of Spain, France and Italy. At +Rome he was appointed judge of appellation of the Capitol, which post he +left to be auditor of the legation at Urbino. After three years he +returned to Rome, on the invitation of Cardinal Carpegna, vicar of +Innocent XI., and devoted himself to antiquarian research, examining +with minute care the monuments and inscriptions of the Campagna. He +always rode a horse which his friends nicknamed "Marco Polo," after the +Venetian traveller. By Innocent XII. he was made keeper of the archives +of the castle St Angelo, a charge which he retained till his death. He +died at Rome on the 7th of January 1700. His collection of inscriptions +and monuments was purchased by Cardinal Stoppani, and placed in the +ducal palace at Urbino, where they may still be seen. + +His work _De Aquis et Aquae-ductibus veteris Romae_ (1680), three +dissertations on the topography of ancient Latium, is inserted in +Graevius's _Thesaurus_, iv. (1677). His interpretation of certain +passages in Livy and other classical authors involved him in a dispute +with Gronovius, which bore a strong resemblance to that between Milton +and Salmasius, Gronovius addressing Fabretti as _Faber Rusticus_, and +the latter, in reply, speaking of _Grunnovius_ and his _titivilitia_. In +this controversy Fabretti used the pseudonym Iasitheus, which he +afterwards took as his pastoral name in the Academy of the Arcadians. +His other works, _De Columna Trajani Syntagma_ (Rome, 1683), and +_Inscriptionum Antiquarum Explicatio_ (Rome, 1699), throw much light on +Roman antiquity. In the former is to be found his explication of a +bas-relief, with inscriptions, now in the Capitol at Rome, representing +the war and taking of Troy, known as the Iliac table. Letters and other +shorter works of Fabretti are to be found in publications of the time, +as the _Journal des Savants_. + + See Crescimbeni, _Le Vite degli Arcadi illustri_; Fabroni, _Vitae + Italorum_, vi. 174; Niceron, iv. 372; J. Lamius, _Memorabilia Italorum + eruditione praestantium_ (Florence, 1742-1748). + + + + +FABRIANI, SEVERINO (1792-1849), Italian author and teacher, was born at +Spilamberto, Italy, on the 7th of January 1792. Entering the Church, he +took up educational work, but in consequence of complete loss of voice +he resolved to devote himself to teaching deaf mutes, and founded a +small school specially for them. This school the duke of Modena made +into an institute, and by a special authority from the pope a teaching +staff of nuns was appointed. Fabriani's method of instruction is summed +up in his _Logical Letters on Italian Grammar_ (1847). He died on the +27th of April 1849. + + + + +FABRIANO, a town of the Marches, Italy, in the province of Ancona, from +which it is 44 m. S.W. by rail, 1066 ft. above sea-level. Pop. (1901) +town 9586, commune 22,996. It has been noted since the 13th century for +its paper mills, which still produce the best paper in Italy. A school +of painting arose here, one of the early masters of which is Allegretto +Nuzi (1308-1385); and several of the churches contain works by him and +other local masters. His pupil, Gentile da Fabriano (1370-1428), was a +painter of considerably greater skill and wider knowledge; but there are +no important works of his at Fabriano. The sacristy of S. Agostino also +contains some good frescoes by Ottaviano Nelli of Gubbio. The municipal +picture gallery contains a collection of pictures, and among them are +some primitive frescoes, attributable to the 12th century, which still +retain traces of Byzantine influence. The Archivio Comunale contains +documents on watermarked paper of local manufacture going back to the +13th century. The Ponte dell' Acra, a bridge of the 15th century, is +noticeable for the ingenuity and strength of its construction. The +hospital of S. Maria Buon Gesu is a fine work of 1456, attributed to +Rossellino. + + See A. Zonghi, _Antiche Carte Fabrianesi_. (T. As.) + + + + +FABRICIUS, GAIUS LUSCINUS (i.e. "the one-eyed"), Roman general, was the +first member of the Fabrician gens who settled in Rome. He migrated to +Rome from Aletrium (Livy ix. 43), one of the Hernican towns which was +allowed to retain its independence as a reward for not having revolted. +In 285 he was one of the ambassadors sent to the Tarentines to dissuade +them from making war on the Romans. In 282 (when consul) he defeated the +Bruttians and Lucanians, who had besieged Thurii (Livy, _Epit._ 12). +After the defeat of the Romans by Pyrrhus at Heraclea (280), Fabricius +was sent to treat for the ransom and exchange of the prisoners. All +attempts to bribe him were unsuccessful, and Pyrrhus is said to have +been so impressed that he released the prisoners without ransom +(Plutarch, _Pyrrhus_, 18). The story that Pyrrhus attempted to frighten +Fabricius by the sight of an elephant is probably a fiction. In 278 +Fabricius was elected consul for the second time, and was successful in +negotiating terms of peace with Pyrrhus, who sailed away to Sicily. +Fabricius afterwards gained a series of victories over the Samnites, the +Lucanians and the Bruttians, and on his return to Rome received the +honour of a triumph. Notwithstanding the offices he had filled he died +poor, and provision had to be made for his daughter out of the funds of +the state (Val. Max. iv. 4, 10). Fabricius was regarded by the Romans of +later times as a model of ancient simplicity and incorruptible +integrity. + + + + +FABRICIUS, GEORG (1516-1571), German poet, historian and archaeologist, +was born at Chemnitz in upper Saxony on the 23rd of April 1516, and +educated at Leipzig. Travelling in Italy with one of his pupils, he made +an exhaustive study of the antiquities of Rome. He published the results +in his _Roma_ (1550), in which the correspondence between every +discoverable relic of the old city and the references to them in ancient +literature was traced in detail. In 1546 he was appointed rector of the +college of Meissen, where he died on the 17th of July 1571. In his +sacred poems he affected to avoid every word with the slightest savour +of paganism; and he blamed the poets for their allusions to pagan +divinities. + + Principal works: editions of Terence (1548) and Virgil (1551); + _Poematum sacrorum libri xxv._ (1560); _Poetarum veterum + ecclesiasticorum opera Christiana_ (1562); _De Re Poetica libri + septem_ (1565); _Rerum Misnicarum libri septem_ (1569); (posthumous) + _Originum illustrissimae stirpis Saxonicae libri septem_ (1597); + _Rerum Germaniae magnae et Saxoniae universae memorabilium + mirabiliumque volumina duo_ (1609). A life of Georg Fabricius was + published in 1839 by D.C.W. Baumgarten-Crusius, who in 1845 also + issued an edition of Fabricius's _Epistolae ad W. Meurerum et alios + aequales_, with a short sketch _De Vita Ge. Fabricii et de gente + Fabriciorum_; see also F. Wachter in Ersch and Gruber's _Allgemeine + Encyclopadie_. + + + + +FABRICIUS, HIERONYMUS [FABRIZIO, GERONIMO] (1537-1619), Italian +anatomist and embryologist, was surnamed Acquapendente from the +episcopal city of that name, where he was born in 1537. At Padua, after +a course of philosophy, he studied medicine under G. Fallopius, whose +successor as teacher of anatomy and surgery he became in 1562. From the +senators of Venice he received numerous honours, and an anatomical +theatre was built by them for his accommodation. He died at Venice on +the 21st of May 1619. His works include _De visione, voce et auditu_ +(1600), _De formato foetu_ (1600), _De venarum ostiolis_ (1603), _De +formatione ovi et pulli_ (1621). His collected works were published at +Leipzig in 1687 as _Opera omnia Anatomica et Physiologica_, but the +Leiden edition, published by Albinus in 1738, is preferred as containing +a life of the author and the prefaces of his treatises. (See ANATOMY; +EMBRYOLOGY.) + + + + +FABRICIUS, JOHANN ALBERT (1668-1736), German classical scholar and +bibliographer, was born at Leipzig on the 11th of November 1668. His +father, Werner Fabricius, director of music in the church of St Paul at +Leipzig, was the author of several works, the most important being +_Deliciae Harmonicae_ (1656). The son received his early education from +his father, who on his death-bed recommended him to the care of the +theologian Valentin Alberti. He studied under J.G. Herrichen, and +afterwards at Quedlinburg under Samuel Schmid. It was in Schmid's +library, as he afterwards said, that he found the two books, F. Barth's +_Adversaria_ and D.G. Morhof's _Polyhistor Literarius_, which suggested +to him the idea of his _Bibliothecae_, the works on which his great +reputation was founded. Having returned to Leipzig in 1686, he published +anonymously (two years later) his first work, _Scriptorum recentiorum +decas_, an attack on ten writers of the day. His _Decas Decadum, sive +plagiariorum et pseudonymorum centuria_ (1689) is the only one ot his +works to which be signs the name Faber. He then applied himself to the +study of medicine, which, however, he relinquished for that of +theology; and having gone to Hamburg in 1693, he proposed to travel +abroad, when the unexpected tidings that the expense of his education +had absorbed his whole patrimony, and even left him in debt to his +trustee, forced him to abandon his project. He therefore remained at +Hamburg in the capacity of librarian to J.F. Mayer. In 1696 he +accompanied his patron to Sweden; and on his return to Hamburg, not long +afterwards, he became a candidate for the chair of logic and philosophy. +The suffrages being equally divided between Fabricius and Sebastian +Edzardus, one of his opponents, the appointment was decided by lot in +favour of Edzardus; but in 1699 Fabricius succeeded Vincent Placcius in +the chair of rhetoric and ethics, a post which he held till his death, +refusing invitations to Greifswald, Kiel, Giessen and Wittenberg. He +died at Hamburg on the 30th of April 1736. + + Fabricius is credited with 128 books, but very many of them were only + books which he had edited. One of the most famed and laborious of + these is the _Bibliotheca Latina_ (1697, republished in an improved + and amended form by J.A. Ernesti, 1773). The divisions of the + compilation are--the writers to the age of Tiberius; thence to that of + the Antonines; and thirdly, to the decay of the language; a fourth + gives fragments from old authors, and chapters on early Christian + literature. A supplementary work was _Bibliotheca Latina mediae et + infimae Aetatis_ (1734-1736; supplementary volume by C. Schottgen, + 1746; ed. Mansi, 1754). His _chef-d'oeuvre_, however, is the + _Bibliotheca Graeca_ (1705-1728, revised and continued by G.C. Harles, + 1790-1812), a work which has justly been denominated _maximus antiquae + eruditionis thesaurus_. Its divisions are marked off by Homer, Plato, + Christ, Constantine, and the capture of Constantinople in 1453, while + a sixth section is devoted to canon law, jurisprudence and medicine. + Of his remaining works we may mention:--_Bibliotheca Antiquaria_, an + account of the writers whose works illustrated Hebrew, Greek, Roman + and Christian antiquities (1713); _Centifolium Lutheranum_, a Lutheran + bibliography (1728); _Bibliotheca Ecclesiastica_ (1718). His _Codex + Apocryphus_ (1703) is still considered indispensable as an authority + on apocryphal Christian literature. + + The details of the life of Fabricius are to be found in _De Vita et + Scriptis J.A. Fabricii Commentarius_, by his son-in-law, H.S. + Reimarus, the well-known editor of Dio Cassius, published at Hamburg, + 1737; see also C.F. Bahr in Ersch and Gruber's _Allgemeine + Encyclopadie_, and J.E. Sandys, _Hist. Class. Schol._ iii. (1908). + + + + +FABRICIUS, JOHANN CHRISTIAN (1745-1808), Danish entomologist and +economist, was born at Tondern in Schleswig on the 7th of January 1745. +After studying at Altona and Copenhagen, he was sent to Upsala, where he +attended the lectures of Linnaeus. He devoted his attention +professionally to political economy, and, after lecturing on that +subject in 1769, was appointed in 1775 professor of natural history, +economy and finance at Kiel, in which capacity he wrote various works, +chiefly referring to Denmark, and of no special interest. He also +published a few other works on general and natural history, botany and +travel (including _Reise nach Norwegen_, 1779), and, although his +professional stipend was small, he extended his personal researches into +every town in northern and central Europe where a natural history museum +was to be found. It is as an entomologist that his memory survives, and +for many years his great scientific reputation rested upon the system of +classification which he founded upon the structure of the mouth-organs +instead of the wings. He had a keen eye for specific differences, and +possessed the art of terse and accurate description. He died on the 3rd +of March 1808. + + A complete list of his entomological publications (31) will be found + in Hagen's _Bibliotheca Entomologiae_; the following are the + chief:--_Systema Entomologiae_ (1775); _Genera Insectorum_ (1776); + _Philosophia Entomologica_ (1778); _Species insectorum_ (1781); + _Mantissa Insectorum_ (1787); _Entomologia Systematica_ (1792-1794), + with a supplement (1798); _Systema Eleutheratorum_ (1801), + _Rhyngotorum_ (1803), _Piezatorum_ (1804), and _Antliatorum_ (1805). + Full particulars of his life will be found, with a portrait, in the + _Transactions of the Entomological Society of London_ (1845), 4, pp. + i-xvi, where his autobiography is translated from the Danish. + + + + +FABRIZI, NICOLA (1804-1885), Italian patriot, was born at Modena on the +4th of April 1804. He took part in the Modena insurrection of 1831, and +attempted to succour Ancona, but was arrested at sea and taken to +Toulon, whence he proceeded to Marseilles. Afterwards he organized with +Mazzini the ill-fated Savoy expedition. Taking refuge in Spain, he +fought against the Carlists, and was decorated for valour on the +battlefield (18th July 1837). At the end of the Carlist War he +established a centre of conspiracy at Malta, endeavoured to dissuade +Mazzini from the Bandiera enterprise, but aided Crispi in organizing the +Sicilian revolution of 1848. With a company of volunteers he +distinguished himself in the defence of Venice, afterwards proceeding to +Rome, where he took part in the defence of San Pancrazio. Upon the fall +of Rome he returned to Malta, accumulating arms and stores; which he +conveyed to Sicily; after having, in 1859, worked with Crispi to prepare +the Sicilian revolution of 1860. While Garibaldi was sailing from Genoa +towards Marsala Fabrizi landed at Pizzolo, and, after severe fighting, +joined Garibaldi at Palermo. Under the Garibaldian Dictatorship he was +appointed governor of Messina and minister of war. Returning to Malta +after the Neapolitan plebiscite, which he had vainly endeavoured to +postpone, he was recalled to aid Cialdini in suppressing brigandage. +While on his way to Sicily in 1862, to induce Garibaldi to give up the +Aspromonte enterprise, he was arrested at Naples by Lamarmora. During +the war of 1866 he became Garibaldi's chief of staff, and in 1867 fought +at Mentana. In parliament he endeavoured to promote agreement between +the chiefs of the Left, and from 1878 onwards worked to secure the +return of Crispi to power, but died on the 31st of March 1885, two years +before the realization of his object. His whole life was characterized +by ardent patriotism and unimpeachable integrity. (H. W. S.) + + + + +FABROT, CHARLES ANNIBAL (1580-1659), French jurisconsult, was born at +Aix in Provence on the 15th of September 1580. At an early age he made +great progress in the ancient languages and in the civil and the canon +law; and in 1602 he received the degree of doctor of law, and was made +avocat to the parlement of Aix. In 1609 he obtained a professorship in +the university of his native town. He is best known by his translation +of the _Basilica_, which may be said to have formed the code of the +Eastern empire till its destruction. This work was published at Paris in +1647 in 7 vols. fol., and obtained for its author a considerable pension +from the chancellor, Pierre Seguier, to whom it was dedicated. Fabrot +likewise rendered great service to the science of jurisprudence by his +edition of Cujas, which comprised several treatises of that great jurist +previously unpublished. He also edited the works of several Byzantine +historians, and was besides the author of various antiquarian and legal +treatises. He died at Paris on the 16th of January 1659. + + + + +FABYAN, ROBERT (d. 1513), English chronicler, belonged to an Essex +family, members of which had been connected with trade in London. He was +a member of the Drapers company, alderman of Farringdon Without, and +served as sheriff in 1493-1494. In 1496 he was one of those appointed to +make representations to the king on the new impositions on English cloth +in Flanders. Next year he was one of the aldermen employed in keeping +watch at the time of the Cornish rebellion. He resigned his aldermanry +in 1502, on the pretext of poverty, apparently in order to avoid the +expense of mayoralty. He had, however, acquired considerable wealth with +his wife Elizabeth Pake, by whom he had a numerous family. He spent his +latter years on his estate of Halstedys at Theydon Garnon in Essex. He +died on the 28th of February 1513 (_Inquisitiones post mortem for +London_, p. 29, edited by G.S. Fry, 1896); his will, dated the 11th of +July 1511, was proved on the 12th of July 1513. Fabyan's Chronicle was +first published by Richard Pynson in 1516 as _The new chronicles of +England and of France_. In this edition it ends with the reign of +Richard III., and this probably represents the work as Fabyan left it, +though with the omission of an autobiographical note and some religious +verses, which form the _Envoi_ of his history. The note and verses are +first found in the second edition, printed by John Rastell in 1533 with +continuations down to 1509. A third edition appeared in 1542, and a +fourth in 1559 with additions to that year. The only modern edition is +that of Sir Henry Ellis, 1811. + +In the note above mentioned Fabyan himself says: "and here I make an +ende of the vii. parte and hole werke, the vii. day of November in the +yere of our Lord Jesu Christes Incarnacion M. vc. and iiij." This seems +conclusive that in 1504 he did not contemplate any extension of his +chronicles beyond 1485. The continuations printed by Rastell are +certainly not Fabyan's work. But Stow in his _Collections_ (ap. _Survey +of London_, ii. 305-306, ed. C.L. Kingsford) states that Fabyan wrote "a +Chronicle of London, England and of France, beginning at the creation +and endynge in the third year of Henry VIII., which both I have in +written hand." In his _Survey of London_ (i. 191, 209, ii. 55, 116) Stow +several times quotes Fabyan as his authority for statements which are +not to be found in the printed continuations of Rastell. Some further +evidence may be found in other notes of Stow's (ap. _Survey of London_, +ii. 280, 283, 365-366), and in the citation by Hakluyt of an unprinted +work of Fabyan as the authority for his note of Cabot's voyages. That +Fabyan had continued his Chronicle to 1511 may be accepted as certain, +but no trace of the manuscript can now be found. + +It is only the seventh part of Fabyan's Chronicle, from the Norman +Conquest onwards, that possesses any historical value. For his French +history he followed chiefly the _Compendium super Francorum gestis_ of +Robert Gaguin, printed at Paris in 1497. For English history his best +source was the old _Chronicles of London_, from which he borrowed also +the arrangement of his work in civic form. From 1440 to 1485 he follows, +as a rule with great fidelity, the original of the London Chronicle in +Cotton MS. Vitellius A. XVI. (printed in _Chronicles of London_, 1905, +pp. 153-264). + +Fabyan's own merits are little more than those of an industrious +compiler, who strung together the accounts of his different authorities +without any critical capacity. He says expressly that his work was +"gaderyd without understandynge," and speaks of himself as "of cunnynge +full destitute." Nevertheless he deserves the praise which he has +received as an early worker, and for having made public information +which through Hall and Holinshed has become the common property of later +historians, and has only recently been otherwise accessible. Bale +alleges that the first edition was burnt by order of Cardinal Wolsey +because it reflected on the wealth of the clergy; this probably refers +to his version of the Lollards Bill of 1410, which Fabyan extracted from +one of the London Chronicles. + + See further Ellis' _Introduction_; W. Busch, _England under the + Tudors_ (trans. A.M. Todd, 1895), i. 405-410; and C.L. Kingsford, + _Chronicles of London_, pp. xxvi-xxxii (1905). (C. L. K.) + + + + +FACADE, a French architectural term signifying the external face of a +building, but more generally applied to the principal front. + + + + +FACCIOLATI, JACOPO (1682-1769), Italian philologist, was born at +Torriglia, in the province of Padua, in 1682. He owed his admission to +the seminary of Padua to Cardinal Barberigo, who had formed a high +opinion of the boy's talents. As professor of logic, and regent of the +schools, Facciolati was the ornament of the Paduan university during a +period of forty-five years. He published improved editions of several +philological works, such as the _Thesaurus Ciceronianus_ of Nizolius, +and the polyglot vocabulary known under the name of Calepino. The latter +work, in which he was assisted by his pupil Egidio Forcellini, he +completed in four years--1715 to 1719. It was written in seven +languages, and suggested to the editor the idea of his _opus magnum_, +the _Tolius Latinitatis Lexicon_, which was ultimately published at +Cardinal Priole's expense, 4 vols. fol., Padua, 1771 (revised ed. by de +Vit, 1858-1887). In the compilation of this work the chief burden seems +to have been borne by Facciolati's pupil Forcellini, to whom, however, +the lexicographer allows a very scanty measure of justice. Perhaps the +best testimony to the learning and industry of the compiler is the +well-known observation that the whole body of Latinity, if it were to +perish, might be restored from this lexicon. Facciolati's mastery of +Latin style, as displayed in his epistles, has been very much admired +for its purity and grace. In or about 1739 Facciolati undertook the +continuation of Papadopoli's history of the university of Padua, +carrying it on to his own day. Facciolati was known over all Europe as +one of the most enlightened and zealous teachers of the time; and among +the many flattering invitations which he received, but always declined, +was one from the king of Portugal, to accept the directorship of a +college at Lisbon for the young nobility. He died in 1769. His history +of the university was published in 1757, under the name _Fasti Gymnasii +Patavini_. In 1808 a volume containing nine of his Epistles, never +before published, was issued at Padua. + + See J.E. Sandys, _Hist. Class. Schol._ ii. (1908). + + + + +FACE (from Lat. _facies_, derived either from _facere_, to make, or from +a root _fa-_, meaning "appear"; cf. Gr. [Greek: phainein]), a word whose +various meanings of surface, front, expression of countenance, look or +appearance, are adaptations of the application of the word to the +external part of the front portion of the head, usually taken to extend +from the top of the forehead to the point of the chin, and from ear to +ear (see ANATOMY: _Superficial and Artistic_; and PHYSIOGNOMY). + + + + +FACTION (through the French, from Lat. factio, a company of persons +combined for action, _facere_, to do; from the other French derivative +_facon_ comes "fashion"), a term, used especially with an opprobrious +meaning, for a body of partisans who put their party aims and interests +above those of the state or public, and employ unscrupulous or +questionable means; it is thus a common term of reciprocal abuse between +parties. In the history of the Roman and Later Roman empires the +factions (_factiones_) of the circus and hippodrome, at Rome and +Constantinople, played a prominent part in politics. The _factiones_ +were properly the four companies into which the charioteers were +divided, and distinguished by the colours they wore. Originally at Rome +there were only two, white (_albata_) and red (_russata_), when each +race was open to two chariots only; on the increase to four, the green +(_prasina_) and blue (_veneta_) were added. At Constantinople the last +two absorbed the red and white factions. + + For a brilliant description of the factions at Constantinople under + Justinian, and the part they played in the celebrated Nika riot in + January 532, see Gibbon's _Decline and Fall_, ch. xl.; and J.B. Bury's + _Appendix_ 10 in vol. iv. of his edition (1898), for a discussion of + the relationship between the _factiones_ and the demes of + Constantinople. + + + + +FACTOR (from Lat. _facere_, to make or do), strictly "one who makes"; +thus in ordinary parlance, anything which goes to the composition of +anything else is termed one of its "factors," and in mathematics the +term is used of those quantities which, when multiplied together, +produce a given product. In a special sense, however--and that to which +this article is devoted--"factor" is the name given to a mercantile +agent (of the class known as "general agents") employed to buy or sell +goods for a commission. When employed to sell, the possession of the +goods is entrusted to him by his principal, and when employed to buy it +is his duty to obtain possession of the goods and to consign them to his +principal. In this he differs from a broker (q.v.), who has not such +possession, and it is this distinguishing characteristic which gave rise +in England to the series of statutes known as the Factors Acts. By these +acts, consolidated and extended by the act of 1889, third parties buying +or taking pledges from factors are protected as if the factor were in +reality owner; but these enactments have in no way affected the +contractual relations between the factor and his employer, and it will +be convenient to define them before discussing the position of third +parties as affected by the act. + + +I. FACTOR AND PRINCIPAL + +A factor is appointed or dismissed in the same way as any other agent. +He may be employed for a single transaction or to transact all his +principal's business of a certain class during a limited period or till +such time as his authority may be determined. A factor's duty is to sell +or buy as directed; to carry out with care, skill and good faith any +instructions he may receive; to receive or make payment; to keep +accounts, and to hand over to his principal the balance standing to his +principal's credit, without any deduction save for commission and +expenses. All express instructions he must carry out to the full, +provided they do not involve fraud or illegality. On any point not +covered by his express instructions he must follow the usual practice of +his particular business, if not inconsistent with his instructions or +his position as factor. Many usages of businesses in which factors are +employed have been proved in court, and may now be regarded as legally +established. For instance, he may, unless otherwise directed, sell in +his own name, give warranties as to goods sold by him, sell by sample +(in most businesses), give such credit as is usual in his business, +receive payment in cash or as customary; and give receipts in full +discharge, sell by indorsement of bills of lading; and insure the goods. +It is his duty to clear the goods at the customs, take charge of them +and keep them safely, give such notices to his principal and others as +may be required, and if necessary take legal proceedings for the +protection of the goods. On the other hand, he has not authority to +delegate his employment, or to barter; and as between himself and his +principal he has no right to pledge the goods, although as between the +principal and the pledgee, an unauthorized pledge made by the factor may +by virtue of the Factors Act 1889 be binding upon the principal. It is, +moreover, inconsistent with his employment as agent that he should buy +or sell on his own account from or to his principal. A factor has no +right to follow any usage which is inconsistent with the ordinary duties +and authority of a factor unless his principal has expressly or +impliedly given his consent. + +On the due performance of his duties the factor is entitled to his +commission, which is usually a percentage on the value of the goods sold +or bought by him on account of his principal, regulated in amount by, +the usages of each business. Sometimes the factor makes himself +personally responsible for the solvency of the persons with whom he +deals, in order that his principal may avoid the risk entailed by the +usual trade credit. In such a case the factor is said to be employed on +_del credere_ terms, and is entitled to a higher rate of commission, +usually 2-1/2% extra. Such an arrangement is not a contract of guarantee +within the Statute of Frauds, and therefore need not be in writing. +Besides his remuneration, the factor is entitled to be reimbursed by his +principal for any expenses, and to be indemnified against any +liabilities which he may have properly incurred in the execution of his +principal's instructions. For the purpose of enforcing his rights a +factor has, without legal proceedings, two remedies. Firstly, by virtue +of his general _lien_ (q.v.) he may hold any of his principal's goods +which come to his hands as security for the payment to him of any +commission, out-of-pocket expenses, or even general balance of account +in his favour. Although he cannot sell the goods, he may refuse to give +them up until he is paid. Secondly, where he has consigned goods to his +principal but not been paid, he may "_stop in transit_" subject to the +same rules of law as an ordinary vendor; that is to say, he must +exercise his right before the transit ends; and his right may be +defeated by his principal transferring the document of title to the +goods to some third person, who takes it in good faith and for valuable +consideration (Factors Act 1889, section 10). If the factor does not +carry out his principal's instructions, or carries them out so +negligently or unskilfully that his principal gets no benefit thereby, +the factor loses his commission and his right to reimbursement and +indemnity. If by such failure or negligence the principal suffers any +loss, the latter may recover it as damages. So too if the factor fails +to render proper accounts his principal may by proper legal proceedings +obtain an account and payment of what is found due; and threatened +breaches of duty may be summarily stopped by an injunction. Criminal +acts by the factor in relation to his principal's goods are dealt with +by section 78 of the Larceny Act 1860. + + +II. PRINCIPAL AND THIRD PARTY + +(a) _At Common Law._--The actual authority of a factor is defined by the +same limits as his duty, the nature of which has been just described; +i.e. firstly, by his principal's express instructions; secondly, by the +rules of law and usages of trade, in view of which those instructions +were expressed. But his power to bind his principal as regards third +parties is often wider than his actual authority; for it would not be +reasonable that third parties should be prejudiced by secret +instructions, given in derogation of the authority ordinarily conferred +by the custom of trade; and, as regards them, the factor is said to have +"_apparent_" or "_ostensible_" authority, or to be _held out_ as having +authority to do what is customary, even though he may in fact have been +expressly forbidden so to do by his principal. But this rule is subject +to the proviso that if the third party have notice of the factor's +actual instructions, the "apparent" authority will not be greater than +the actual. "The general principle of law," said Lord Blackburn in the +case of _Cole_ v. _North-Western Bank_, 1875, L.R. 10, C.P. 363, "is +that when the true owner has clothed any one with apparent authority to +act as his agent, he is bound to those who deal with the agent on the +assumption that he really is an agent with that authority, to the same +extent as if the apparent authority were real." Under such circumstances +the principal is for reasons of common fairness precluded, or, in legal +phraseology, _estopped_, from denying his agent's authority. On the same +principle of estoppel, but not by reason of any trade usages, a course +of dealing which has been followed between a factor and a third party +with the assent of the principal will give the factor apparent authority +to continue dealing on the same terms even after the principal's assent +has been withdrawn; provided that the third party has no notice of the +withdrawal. + +Such apparent authority binds the principal both as to acts done in +excess of the actual authority and also when the actual authority has +entirely ceased. For instance, A. B. receives goods from C.D. with +instructions not to sell below 1s. per lb.; A. B. sells at 10-1/2d., the +market price; the buyer is entitled to the goods at 10-1/2d., because A. +B. had apparent authority, although he exceeded his actual authority. On +the same principle the buyer would get a good title by buying from A. B. +goods entrusted to him by C. D., even though at the time of the sale C. +D. had revoked A. B.'s authority and instructed him not to sell at all. +In either case the factor is held out as having authority to sell, and +the principal cannot afterwards turn round and say that his factor had +no such authority. As in the course of his business the factor must +necessarily make representations preliminary to the contracts into which +he enters, so the principal will be bound by any such representations as +may be within the factor's actual or apparent authority to the same +degree as by the factor's contracts. + +(b) _Under the Factors Act 1889._--The main object of the Factors Acts, +in so far as they relate to transactions carried out by factors, has +been to add to the number of cases in which third parties honestly +buying or lending money on the security of goods may get a good title +from persons in whose possession the goods are with the consent, actual +or apparent, of the real owners, thus calling in aid the principle of +French law that "_possession vaut titre_" as against the doctrine of the +English common law that "_nemo dat quod non habet_." The chief change in +the law relating specially to factors has been to put pledges by factors +on the same footing as sales, so as to bind a principal to third parties +by his factor's pledge as by his factor's sale. The Factors Act 1889 in +part re-enacts and in part extends the provisions of the earlier acts of +1823, 1825, 1842 and 1877; and is, so far as it relates to sales by +factors, in large measure merely declaratory of the law as it previously +existed. Its most important provisions concerning factors are as +follows:-- + + Section I., s.s. 1. The expression mercantile agent shall mean a + mercantile agent having in the customary course of his business as + such agent authority either to sell goods, or to consign goods for the + purpose of sale, or to buy goods, or to raise money on the security of + goods; + + 2. A person shall be deemed to be in possession of goods or of the + documents or title to goods when the goods or documents are in his + actual custody or are held by any other person subject to his control + or for him on his behalf. + + 4. The expression "document of title" shall include any bill of + lading, dock warrant, warehouse keeper's certificate, and warrant or + order for the delivery of goods, and any other document used in the + ordinary course of business as proof of the possession or control of + goods, or authorizing or purporting to authorize, either by + indorsement or by delivery, the possessor of the document to transfer + or receive goods thereby represented. + + Section II., s.s. 1. Where a mercantile agent is, with the consent of + the owner, in possession of goods or of the documents or title to + goods, any sale, pledge or other disposition of the goods made by him + when acting in the ordinary course of business of a mercantile agent + shall, subject to the provisions of this act, be as valid as if he + were expressly authorized by the owner of the goods to make the same; + provided that the person taking under the disposition acts in good + faith, and has not at the time of the disposition notice that the + person making the disposition has not authority to make the same. + + 2. Where a mercantile agent has, with the consent of the owner, been + in possession of goods or of the documents of title to goods, any + sale, pledge or other disposition which would have been valid if the + consent had continued shall be valid notwithstanding the determination + of the consent; provided that the person taking under the disposition + has not at the time thereof notice that the consent has been + determined. + + 3. Where a mercantile agent has obtained possession of any documents + of title to goods by reason of his being or having been, with the + consent of the owner, in possession of the goods represented thereby, + or of any other documents of title to the goods, his possession of the + first-mentioned documents shall, for the purposes of the act, be + deemed to be with the consent of the owner. + + +III. ENFORCEMENT OF CONTRACTS + +1. Where a factor makes a contract in the name of his principal and +himself signs as agent only, he drops out as soon as the contract is +made, and the principal and third party alone can sue or be sued upon +it. As factors usually contract in their own name this is not a common +case. It is characteristic of brokers rather than of factors. + +2. Where a factor makes a contract for the principal without disclosing +his principal's name, the third party may, on discovering the principal, +elect whether he will treat the factor or his principal as the party to +the contract; provided that if the factor contract expressly as factor, +so as to exclude the idea that he is personally responsible, he will not +be liable. The principal may sue upon the contract, so also may the +factor, unless the principal first intervene. + +3. Where a factor makes a contract in his own name without disclosing +the existence of his principal, the third party may, on discovering the +existence of the principal, elect whether he will sue the factor or the +principal. Either principal or factor may sue the third party upon the +contract. But if the factor has been permitted by the principal to hold +himself out as the principal, and the person dealing with the factor has +believed that the factor was the principal and has acted on that belief +before ascertaining his mistake, then in an action by the principal the +third party may set up any defences he would have had against the factor +if the factor had brought the action on his own account as principal. + +4. Where a factor has a lien upon the goods and their proceeds for +advances made to the principal it will be no defence to an action by him +for the third party to plead that he has paid the principal, unless the +factor by his conduct led the third party to believe that he agreed to a +settlement being made with his principal. + +5. The factor who acts for a foreign principal will always be personally +liable unless it is clear that the third party has agreed to look only +to the principal. + +6. If a factor contract by deed under seal he alone can sue or be sued +upon the contract; but mercantile practice makes contracts by deed +uncommon. + + AUTHORITIES.--Story, _Commentaries on the Law of Agency_ (Boston, + 1882); Boyd and Pearson, _The Factors Acts 1823 to 1877_ (London, + 1884); Blackwell, _The Law relating to Factors_ (London, 1897). + (L. F. S.) + + + + +FACTORY ACTS, the name given generally to a long series of acts +constituting one of the most important chapters in the history of +English labour legislation (see LABOUR LEGISLATION); the term "factory" +itself being short for manufactory, a building or collection of +buildings in which men or women are employed in industry. + + + + +FACULA (diminutive of _fax_, Lat. for "torch"), in astronomy, a minute +shining spot on the sun's disk, markedly brighter than the photosphere +in general, usually appearing in groups. Faculae are most frequent in +the neighbourhood of spots. (See SUN.) + + + + +FACULTY (through the French, from the Lat. _facultas_, ability to do +anything, from _facilis_, easy, _facere_, to do; another form of the +word in Lat. _facilitas_, facility, ease, keeps the original meaning), +power or capacity of mind or body for particular kinds of activity, +feeling, &c. In the early history of psychology the term was applied to +various mental processes considered as causes or conditions of the +mind--a treatment of "class concepts of mental phenomena as if they were +real forces producing these phenomena" (G.F. Stout, _Analytic +Psychology_, vol. i. p. 17). In medieval Latin _facultas_ was used to +translate [Greek: dunamis] in the Aristotelian application of the word +to a branch of learning or knowledge, and thus it is particularly +applied to the various departments of knowledge as taught in a +university and to the body of teachers of the particular art or science +taught. The principal "faculties" in the medieval universities were +theology, canon and civil law, medicine and arts (see UNIVERSITIES). A +further extension of this use is to the body of members of any +particular profession. + +In law, "faculty" is a dispensation or licence to do that which is not +permitted by the common law. The word in this sense is used only in +ecclesiastical law. A faculty may be granted to be ordained deacon under +twenty-three years of age; to hold two livings at once (usually called a +licence or dispensation, but granted under the seal of the office of +faculties; see BENEFICE); to be married at any place or time (usually +called a special licence; see MARRIAGE; LICENCE); to act as a notary +public (q.v.). Any alteration in a church, such as an addition or +diminution in the fabric or the utensils or ornaments of the church, +cannot strictly be made without the legal sanction of the ordinary, +which can only be expressed by the issue of a faculty. So a faculty +would be required for a vault, for the removal of a body, for the +purpose of erecting monuments, for alterations in a parsonage house, for +brick graves, for the apportionment of a seat, &c. Cathedrals, however, +are exempt from the necessity for a faculty before making alterations in +the fabric, utensils or ornaments. + +The court of faculties is the court of the archbishop for granting +faculties. It is a court in which there is no litigation or holding of +pleas. Its chief officer is called the master of faculties, and he is +one and the same with the judge of the court of arches. Attached to the +court of faculties are a registrar and deputy registrars, a chief clerk +and record-keeper, and a seal keeper. In Scotland the society of +advocates of the court of session, and local bodies of legal +practitioners, are described as faculties. + + + + +FAED, THOMAS (1826-1900), British painter, born in Kirkcudbrightshire, +was the brother of John Faed, R.S.A., and received his art education in +the school of design, Edinburgh. He was elected an associate of the +Royal Scottish Academy in 1849, came to London three years later, was +elected an associate of the Royal Academy in 1861, and academician in +1864, and retired in 1893. He had much success as a painter of domestic +genre, and had considerable executive capacity. Three of his pictures, +"The Silken Gown," "Faults on Both Sides," and "The Highland Mother," +are in the National Gallery of British Art. + + See William D. McKay, _The Scottish School of Painting_ (1906). + + + + +FAENZA (anc. _Faventia_), a city and episcopal see of Emilia, Italy, in +the province of Ravenna, from which it is 31 m. S.W. by rail, 110 ft. +above sea-level. It is 31 m. S.E. of Bologna by rail, on the line from +Bologna to Rimini, and it is the junction of a line to Florence through +the Apennines. Pop. (1901) 21,809 (town), 39,757 (commune). The town is +surrounded by walls which date from 1456. The cathedral of S. Costanzo +stands in the spacious Piazza Vittorio Emanuele in the centre of the +town. It was begun in 1474 by Giuliano da Maiano; the facade is, +however, incomplete. In the interior is the beautiful early Renaissance +tomb of S. Savinus with reliefs showing scenes from his life, of fine +and fresh execution, by Benedetto da Maiano; and later tombs by P. +Bariloto, a local sculptor. Opposite the cathedral is a fountain with +bronze ornamentation of 1583-1621. The clock tower alongside the +cathedral belongs to the 17th century. Beyond it is the Palazzo +Comunale, formerly the residence of the Manfredi, but entirely +reconstructed. The other churches of the town have been mostly restored, +but S. Michele (and the Palazzo Manfredi opposite it) are fine early +Renaissance buildings in brickwork. The municipal art gallery contains +an altar-piece by Girolamo da Treviso (who also painted a fresco in the +Chiesa della Commenda), a wooden St Jerome by Donatello, and a bust of +the young St John by Antonio Rossellino (?), and some fine specimens of +majolica, a variety of which, faience, takes its name from the town. It +was largely manufactured in the 15th and 16th centuries, and the +industry has been revived in modern times with success. + +The ancient Faventia, on the Via Aemilia, was obviously from its name +founded by the Romans and had the citizenship before the Social War. It +was the scene of the defeat of C. Papirius Carbo and C. Norbanus by Q. +Caecilius Metellus Pius in 82 B.C. In the census of Vespasian a woman of +Faventia is said to have given her age as 135. Pliny speaks of the +whiteness of its linen, and the productiveness of its vines is +mentioned. It is noticeable that some of the fields in the territory of +the ancient Faventia still preserve the exact size of the ancient Roman +_centuria_ of 200 _iugeri_ (E. Bormann in _Corp. Inscr. Lat._ xi., +Berlin, 1888, p. 121). When the exarchate was established, the town +became part of it, and in 748 it was taken by Liutprand. Desiderius gave +it to the church with the duchy of Ferrara. In the 11th century it began +to increase in importance. In the wars of the 12th and 13th centuries it +at first took the imperial side, but in 1240 it stood a long siege from +Frederick II. and was only taken after eight months. After further +struggles between Guelphs and Ghibellines, the Manfredi made themselves +masters of the place early in the 14th century, and remained in power +until 1501, when the town was taken by Caesar Borgia and the last +legitimate members of the house of the Manfredi were drowned in the +Tiber; and, after falling for a few years into the hands of the +Venetians, it became a part of the states of the church in 1509. + (T. As.) + + + + +FAEROE (also written FAROE or THE FAEROES, Danish _Faeroerne_ or +_Faroerne_, "the sheep islands"), a group of islands in the North Sea +belonging to Denmark. They are situated between Iceland and the Shetland +Islands, about 200 m. N.W. of the latter, about the intersection of 7 +deg. E. with 62 deg. N. The total land area of the group is 511 sq. m., +and there are twenty-one islands (excluding small rocks and reefs), of +which seventeen are inhabited. The population in 1880 amounted to +11,220, and in 1900 to 15,230. The principal islands are Stromo, on +which is the chief town, Thorshavn, with a population of 1656; Ostero, +Sudero, Vaago, Sando and Bordo. They consist throughout of rocks and +hills, separated from each other by narrow valleys or ravines; but, +though the hills rise abruptly, there are often on their summits, or at +different stages of their ascent, plains of considerable magnitude. +Almost everywhere they present to the sea perpendicular cliffs, broken +into fantastic forms, affording at every turn, to those who sail along +the coast, the most picturesque and varied scenery. The highest hills +are Slattaretindur in Ostero, and Kopende and Skellingfjeld in Stromo, +which rise respectively to 2894, 2592 and 2520 ft. The sea pierces the +islands in deep fjords, or separates them by narrow inlets through which +tidal currents set with great violence, at speeds up to seven or eight +knots an hour; and, as communications are maintained almost wholly by +boat, the natives have need of expert watermanship. There are several +lakes in which trout are abundant, and char also occur; the largest is +Sorvaag Lake in Vaago, which is close to the sea, and discharges into it +by a sheer fall of about 160 ft. Trees are scarce, and there is evidence +that they formerly flourished where they cannot do so now. + + The fundamental formation is a series of great sheets of columnar + basalt, 70 to 100 ft. thick, in which are intercalated thin beds of + tuff. Upon the basalt rests the so-called Coal formation, 35 to 50 ft. + thick; the lower part of this is mainly fireclay and sandstone, the + upper part is weathered clay with thin layers of brown coal and shale. + The coal is found in Sudero and in some of the other islands in + sufficient quantity to make it a matter of exploitation. Above these + beds there are layers of dolerite, 15 to 20 ft. thick, with nodular + segregations and abundant cavities which are often lined with + zeolites. As the rocks lie in a horizontal position, on most of the + islands of the group only the basalts or dolerite are visible. The + crater from which the volcanic rocks were outpoured probably lies off + the Faeroe Bank some distance to the south-west of Sudero. The basalts + are submarine flows which formed the basis of the land upon which + grew the vegetation which gave rise to the coals; the effusion of + dolerite which covered up the Coal formation was subaerial. The + existing land features, with the fjords, are due to ice erosion in the + glacial period.[1] + +The climate is oceanic; fogs are common, violent storms are frequent at +all seasons. July and August are the only true summer months, but the +winters are not very severe. It seldom freezes for more than one month, +and the harbours are rarely ice-bound. The methods of agriculture are +extremely primitive and less than 3% of the total area is under +cultivation. As the plough is ill-suited to the rugged surface of the +land, the ground is usually turned up with the spade, care being taken +not to destroy the roots of the grass, as hay is the principal crop. +Horses and cows are few, and the cows give little milk, in consequence +of the coarse hay upon which they are fed. The number of sheep, however, +justifies the name of the islands, some individuals having flocks of +from three to five hundred, and the total number in the islands +considerably exceeds ten thousand. The northern hare (_Lepus alpinus_) +is pretty abundant in Stromo and Ostero, having been introduced into the +islands about 1840-1850. The catching of the numerous sea-birds which +build their nests upon the face of the cliffs forms an important source +of subsistence to the inhabitants. Sometimes the fowler is let down from +the top of the cliff; at other times he climbs the rocks, or, where +possible, is pushed upwards by poles made for the purpose. The birds and +the contents of the nests are taken in nets mounted on poles; shooting +is not practised, lest it should permanently scare the birds away. +Fowling has somewhat decreased in modern times, as the fisheries have +risen in importance. The puffin is most commonly taken for its feathers. +The cod fishery is especially important, dried fish being exported in +large quantity, and the swim-bladders made into gelatine, and also used +and exported for food. The whaling industry came into importance towards +the close of the 19th century, and stations for the extraction of the +oil and whalebone have been established at several points, under careful +regulations designed to mitigate the pollution of water, the danger to +live-stock from eating the blubber, &c. The finner whale is the species +most commonly taken. + +The trade of the Faeroe Islands was for some time a monopoly in the +hands of a mercantile house at Copenhagen, and this monopoly was +afterwards assumed by the Danish government, but by the law of the 21st +of March 1855 all restrictions were removed. The produce of the whaling +and fishing industries, woollen goods, lamb skins and feathers, are the +chief exports, while in Thorshavn the preserving of fish and the +manufacture of carpets are carried on to some extent. Thorshavn is +situated on the S.E. side of Stromo, upon a narrow tongue of land, +having creeks on each side, where ships may be safely moored. It is the +seat of the chief government and ecclesiastical officials, and has a +government house and a hospital. The houses are generally built of wood +and roofed with birch bark covered with turf. The character of the +people is marked by simplicity of manners, kindness and hospitality. +They are healthy, and the population increases steadily. The Faeroes +form an _amt_ (county) of Denmark. They have also a local parliament +(_lagthing_), consisting of the _amtmann_ and nineteen other members. +Among other duties, this body elects a representative to the upper house +of parliament (_landsthing_) in Denmark; the people choose by vote a +representative in the lower house (_folkething_). The islands are +included in the Danish bishopric of Zealand. + +_History._--The early history of the Faeroes is not clear. It appears +that about the beginning of the 9th century Grim Kamban, a Norwegian +emigrant who had left his country to escape the tyranny of Harold +Haarfager, settled in the islands. It is said that a small colony of +Irish and Scottish monks were found in Sudero and dispersed by him. The +Faeroes then already bore their name of Sheep Islands, as these animals +had been found to flourish here exceedingly. Early in the 11th century +Sigmund or Sigismund Bresterson, whose family had flourished in the +southern islands but had been almost exterminated by invaders from the +northern, was sent from Norway, whither he had escaped, to take +possession of the islands for Olaf Trygvason, king of Norway. He +introduced Christianity, and, though he was subsequently murdered, +Norwegian supremacy was upheld, and continued till 1386, when the +islands were transferred to Denmark. English adventurers gave great +trouble to the inhabitants in the 16th century, and the name of Magnus +Heineson, a native of Stromo, who was sent by Frederick II. to clear the +seas, is still celebrated in many songs and stories. There was formerly +a bishopric at Kirkebo, S. of Thorshavn, where remains of the cathedral +may be seen; but it was abolished at the introduction of Protestantism +by Christian III. Denmark retained possession of the Faeroes at the +peace of Kiel in 1815. The native literature of the islands consists of +the _Faereyinga Saga_, dealing with the period of Sigmund Bresterson, +and a number of popular songs and legends of early origin. + + BIBLIOGRAPHY.--Lucas Jacobson Debes, _Feroa Reserata_ (Copenhagen, + 1673; Eng. transl. London, 1675); Torfaeus, _De rebus gestis + Faereyensium_ (Copenhagen, 1695); I. Landt, _Beskrivelse over + Faroerne_ (1800), and _Descriptions of the Feroe Islands_ (London, + 1810); A.J. Symington, _Pen and Pencil Sketches of Faroe and Iceland_ + (1862); J. Russel-Jeaffreson, _The Faroe Islands_ (1901); J. Falk + Ronne, _Beskrivelse over Faroerne_ (Copenhagen, 1902); C.H. Ostenfeld, + E. Warming and others, _Botany of the Faeroes_ (Copenhagen, + 1901-1903); Annandale, _The Faroes and Iceland_ (Oxford, 1905). The + _Faereyinga Saga_ was translated by F. York Powell (London, 1896); for + folk-songs and legends see S. Kraeth, _Die faroischen Lieder von + Sigurd_ (Paderborn, 1877); V.U. Hammershaimb, _Faeroisk Anthologi_ + (Copenhagen, 1886-1891). + + +FOOTNOTE: + + [1] See Hans von Post, "Om Faroarnes uppkomst," _Geologiska + Foreningens i Stockholm Forhandlingar_, vol. xxiv. (1902). + + + + +FAESULAE (mod. _Fiesole_, q.v.), an ancient city of Etruria, on the +height 3 m. to the N.E. of Florentia, 970 ft. above sea-level. Remains +of its walls are preserved on all sides, especially on the N.E., in one +place to a height of 12 to 14 courses. The blocks are often not quite +rectangular, and the courses sometimes change; but the general tendency +is horizontal and the walls are not of remote antiquity, the +irregularities in them being rather due to the hardness of the material +employed, the rock of the hill itself. The courses vary in height from 1 +to 3 ft., and some blocks are as long as 12-1/2 ft. In this portion of +the wall are two drains, below one of which is a _phallus_. The site of +an ancient gate, and the road below it, can be traced; a little farther +E. was an archway, conjectured by Dennis to be a gate of the Roman +period, destroyed in 1848. The whole circuit of the walls extended for +about 1-2/3 m. The Franciscan monastery (1130 ft.) occupies the site of +the acropolis, once encircled by a triple wall, of which no traces are +now visible. Here was also the _Capitolium_ of Roman times, as an +inscription found here in 1879 records (_Corpus Inscr. Lat._ xi., +Berlin, 1888, No. 1545). The Roman theatre, below the cathedral to the +N.E., has 19 tiers of stone seats and is 37 yds. in diameter. Above it +is an embanking wall of irregular masonry, and below it some remains of +Roman baths, including five parallel vaults of concrete. Just outside +the town on the E. a reservoir, roofed by the convergence of its sides, +which were of large regular blocks, was discovered in 1832, but filled +in again. Over 1000 silver denarii, all coined before 63 B.C., were +found at Faesulae in 1829. A small museum contains the objects found in +the excavations of the theatre. + +Though Faesulae was an Etruscan city, we have no record of it in history +until 215 B.C., when the Gauls passed near it in their march on Rome. +Twelve years later Hannibal seems to have taken this route in his march +south after the victory of the Trebia. It appears to have suffered at +the hands of Rome in the Social War, and Sulla expelled some of the +inhabitants from their lands to make room for his veterans, but some of +the latter were soon driven out in their turn by the former occupiers. +Both the veterans, who soon wasted what they had acquired, and the +dispossessed cultivators joined the partisans of Catiline, and Manlius, +one of his supporters, made his headquarters at Faesulae. Under the +empire we hear practically nothing of it; in A.D. 405 Radagaisus was +crushed in the neighbouring hills, and Belisarius besieged and took it +in A.D. 539. + + See L.A. Milani, _Rendiconti dei Lincei_, ser. vi. vol. ix. (1900), + 289 seq., on the discovery of an archaic altar of the _Locus sacer_ of + Florence, belonging to Ancharia (Angerona), the goddess of Fiesole. + (T. As.) + + + + +FAFNIR, in Scandinavian mythology, the son of the giant Hreidmar. He was +the guardian of the hoard of the Nibelungs and was killed by Sigurd. + + + + +FAGGING (from "fag," meaning "weary"; of uncertain etymology), in +English public schools, a system under which, generally with the full +approval of the authorities, a junior boy performs certain duties for a +senior. In detail this custom varies slightly in the different schools, +but its purpose--the maintenance of discipline among the boys +themselves--is the same. Dr Arnold of Rugby defined fagging as "the +power given by the supreme authorities of the school to the Sixth Form, +to be exercised by them over the lower boys, for the sake of securing a +regular government among the boys themselves, and avoiding the evils of +anarchy; in other words, of the lawless tyranny of brute force." Fagging +was a fully established system at Eton and Winchester in the 16th +century, and is probably a good deal older. That the advantages of thus +granting the boys a kind of autonomy have stood the test of time is +obvious from the fact that in almost all the great public schools +founded during the 19th century, fagging has been deliberately adopted +by the authorities. The right to fag carries with it certain +well-defined duties. The fag-master is the protector of his fags, and +responsible for their happiness and good conduct. In cases of bullying +or injustice their appeal is to him, not to the form or house master, +and, except in the gravest cases, all such cases are dealt with by the +fag-master on his own responsibility and without report to the master. +Until recent years a fag's duties included such humble tasks as blacking +boots, brushing clothes, and cooking breakfasts, and there was no limit +as to hours; almost all the fag's spare time being so monopolized. This +is now changed. Fagging is now restricted to such light tasks as running +errands, bringing tea to the "master's" study, and fagging at cricket or +football. At Eton there is no cricket fagging, and at most schools it is +made lighter by all the fags taking their turn in regular order for one +hour, so that each boy has to "fag" but once in so many weeks. At Rugby +there is "study-fagging"--two fags being assigned to each Sixth Form boy +and made responsible for the sweeping out and tidying up of his study +alternately each week,--and "night-fagging"--running errands for the +Sixth between 8.30 and 9.30 every evening,--and each boy can choose +whether he will be a study-fag or night-fag. The right to fag is usually +restricted to the Sixth Form, but at Eton the privilege is also granted +the Fifth, and at Marlborough and elsewhere the Eleven have a right to +fag at cricket, whether in the Sixth or not. + + + + +FAGGOT, a bundle of sticks used for firewood. The word is adapted from +the Fr. _fagot_, and appears in Italian as _fagotto_, the name given to +the bassoon (q.v.). "Faggot" is frequently used with reference to the +burning of heretics, and recanted heretics wore an embroidered faggot on +the arm as a symbol of the punishment they had escaped. In the 18th +century the word is used of a "dummy" soldier, appearing on the rolls of +a regiment. It is this use, coupled with the idea of a bundle of sticks +as being capable of subdivision, that appears in the expression +"faggot-vote," a vote artificially created by the minute splitting up of +property so as to give a bare qualification for the franchise. + + + + +FAGNIEZ, GUSTAVE CHARLES (1842- ), French historian and economist, was +born in Paris on the 6th of October 1842. Trained at the Ecole des +Chartes and the Ecole des Hautes Etudes, he made his first appearance in +the world of scholarship as the author of an excellent book called +_Etudes sur l'industrie et la classe industrielle a Paris au XIII^e et au +XIV^e siecle_ (1877). This work, composed almost entirely from documents, +many unpublished, opened a new field for historical study. Twenty years +later he supplemented this book by an interesting collection of +_Documents relatifs a l'histoire de l'industrie et du commerce en France_ +(2 vols., 1898-1900), and in 1897 he published _L'Economie sociale de la +France sous Henri IV_, a volume containing the results of very minute +research. He did not, however, confine himself to economic history. His +_Le Pere Joseph et Richelieu_ (1894), though somewhat frigid and severe, +is based on a mass of unpublished information, and shows remarkable +psychologic grasp. In 1878 his _Journal parisien de Jean de Maupoint, +prieur de Ste Catherine-de-la-Couture_ was published in vol. iv. of the +_Memoires de la societe de l'histoire de Paris et de l'Ile de France_. He +wrote numerous articles in the _Revue historique_ (of which he was +co-director with Gabriel Monod for some years) and in other learned +reviews, such as the _Revue des questions historiques_ and the _Journal +des savants_. In 1901 he was elected member of the Academie des Sciences +Morales et Politiques. + + + + +FAGUET, EMILE (1847- ), French critic and man of letters, was born at +La Roche sur Yon on the 17th of December 1847. He was educated at the +normal school in Paris, and after teaching for some time in La Rochelle +and Bordeaux he came to Paris. After acting as assistant professor of +poetry in the university he became professor in 1897. He was elected to +the academy in 1900, and received the ribbon of the Legion of Honour in +the next year. He acted as dramatic critic to the _Soleil_; from 1892 he +was literary critic to the _Revue bleue_; and in 1896 took the place of +M. Jules Lemaitre on the _Journal des debats_. Among his works are +monographs on _Flaubert_ (1899), _Andre Chenier_ (1902), _Zola_ (1903); +an admirably concise _Histoire de la litterature francaise depuis le +XVII^e siecle jusqu'a nos jours_; series of literary studies on the +17th, 18th and 19th centuries; _Questions politiques_ (1899); _Propos +litteraires_ (3 series, 1902-1905); _Le Liberalisme_ (1902); and +_L'Anticlericalisme_ (1906). + + See A. Seche, _Emile Faguet_ (1904). + + + + +FA-HIEN (fl. A.D. 399-414), Chinese Buddhist monk, pilgrim-traveller, +and writer, author of one of the earliest and most valuable Chinese +accounts of India. He started from Changgan or Si-gan-fu, then the +capital of the Tsin empire, and passing the Great Wall, crossed the +"River of Sand" or Gobi Desert beyond, that home of "evil demons and hot +winds," which he vividly describes,--where the only way-marks were the +bones of the dead, where no bird appeared in the air above, no animal on +the ground below. Arriving at Khotan, the traveller witnessed a great +Buddhist festival; here, as in Yarkand, Afghanistan and other parts +thoroughly Islamized before the close of the middle ages, Fa-Hien shows +us Buddhism still prevailing. India was reached by a perilous descent of +"ten thousand cubits" from the "wall-like hills" of the Hindu Kush into +the Indus valley (about A.D. 402); and the pilgrim passed the next ten +years in the "central" Buddhist realm,--making journeys to Peshawur and +Afghanistan (especially the Kabul region) on one side, and to the Ganges +valley on another. His especial concern was the exploration of the +scenes of Buddha's life, the copying of Buddhist texts, and converse +with the Buddhist monks and sages whom the Brahmin reaction had not yet +driven out. Thus we find him at Buddha's birthplace on the Kohana, +north-west of Benares; in Patna and on the Vulture Peak near Patna; at +the Jetvana monastery in Oudh; as well as at Muttra on the Jumna, at +Kanauj, and at Tamluk near the mouth of the Hugli. But now the +narrative, which in its earlier portions was primarily historical and +geographical, becomes mystical and theological; miracle-stories and +meditations upon Buddhist moralities and sacred memories almost entirely +replace matters of fact. From the Ganges delta Fa-Hien sailed with a +merchant ship, in fourteen days, to Ceylon, where he transcribed all the +sacred books, as yet unknown in China, which he could find; witnessed +the festival of the exhibition of Buddha's tooth; and remarked the trade +of Arab merchants to the island, two centuries before Mahomet. He +returned by sea to the mouth of the Yangtse-Kiang, changing vessels at +Java, and narrowly escaping shipwreck or the fate of Jonah. + +Fa-Hien's work is valuable evidence to the strength, and in many places +to the dominance, of Buddhism in central Asia and in India at the time +of the collapse of the Roman empire in western Europe. His tone +throughout is that of the devout, learned, sensible, rarely hysterical +pilgrim-traveller. His record is careful and accurate, and most of his +positions can be identified; his devotion is so strong that it leads him +to depreciate China as a "border-land," India the home of Buddha being +the true "middle kingdom" of his creed. + + See James Legge, _Record of Buddhistic Kingdoms, being an account by + the Chinese Monk Fa-hien of his travels in India and Ceylon_; + translated and edited, with map, &c. (Oxford, 1886); S. Beal, _Travels + of Fah-Hian and Sung-Yun, Buddhist pilgrims from China to India, 400 + and 518 A.D._, translated, with map, &c. (1869); C.R. Beazley, _Dawn + of Modern Geography_, vol. i. (1897), pp. 478-485. + + + + +FAHLCRANTZ, CHRISTIAN ERIK (1790-1866), Swedish author, was born at +Stora Tuna in Sweden on the 30th of August 1790. His brothers, Carl +Johan (1774-1861), the landscape-painter, and Axel Magnus (1780-1854), +the sculptor, became hardly less distinguished than himself. In 1804 he +entered the university of Upsala; in 1821 he became tutor in Arabic, and +in 1825 professor of Oriental languages. In 1828 he entered the church, +but earlier than this, in 1825, he published his _Noachs Ark_, a +successful satire on the literary and social life of his time, followed +in 1826 by a second part. In 1835 Fahlcrantz brought out the first part +of his epic of _Ansgarius_, which was completed in 1846, in 14 cantos. +In 1842 he was made a member of the Swedish Academy, and in 1849 he was +made bishop of Vesteras, his next literary work being an archaeological +study on the beautiful ancient cathedral of his diocese. In the course +of the years 1858-1861 appeared the five volumes of his _Rom forr och +nu_ (_Rome as it was and is_), a theological polemic, mainly directed +against the Jesuits. He died on the 6th of August 1866. His complete +works (7 vols., Orebro, 1863-1866) were issued mainly under his own +superintendence. + + + + +FAHRENHEIT, GABRIEL DANIEL (1686-1736), German physicist, was born at +Danzig on the 14th of May 1686. For the most part he lived in England +and Holland, devoting himself to the study of physics and making a +living, apparently, by the manufacture of meteorological instruments. He +was the author of important improvements in the construction of +thermometers, and he introduced the thermometric scale known by his name +and still extensively used in Great Britain and the United States (see +THERMOMETRY). He also invented an improved form of hygrometer, a +description of which, together with accounts of various observations and +experiments made by him, was published in the _Phil. Trans._ for 1724. +He died in Holland on the 16th of September 1736. + + + + +FAIDHERBE, LOUIS LEON CESAR (1818-1889), French general and colonial +administrator, was born on the 3rd of June 1818, at Lille, received his +military education at the Ecole Polytechnique and at Metz, and entered +the engineers in 1840. From 1844 to 1847 he served in Algeria, then two +years in the West Indies, and again in Algeria, taking part in many +expeditions against the Arabs. In 1852 he was transferred to Senegal as +sub-director of engineers, and in 1854 was promoted _chef de bataillon_ +and appointed governor of the colony. He held this post with one brief +interval until July 1865. The work he accomplished in West Africa +constitutes his most enduring monument. At that time France possessed in +Senegal little else than the town of St Louis and a strip of coast. +Explorers had, however, made known the riches and possibilities of the +Niger regions, and Faidherbe formed the design of adding those countries +to the French dominions. He even dreamed of creating a French African +empire stretching from Senegal to the Red Sea. To accomplish even the +first part of his design he had very inadequate resources, especially in +view of the aggressive action of Omar Al-Hadji, the Moslem ruler of the +countries of the middle Niger. By boldly advancing the French outposts +on the upper Senegal Faidherbe stemmed the Moslem advance, and by an +advantageous treaty with Omar in 1860 brought the French possessions +into touch with the Niger. He also brought into subjection the country +lying between the Senegal and Gambia. When he resigned his post French +rule had been firmly established over a very considerable and fertile +area and the foundation laid upon which his successors built up the +predominant position occupied now by France in West Africa. In 1863 he +became general of brigade. From 1867 to the early part of 1870 he +commanded the subdivision of Bona in Algeria, and was commanding the +Constantine division at the commencement of the Franco-German War. +Promoted general of division in November 1870, he was on the 3rd of +December appointed by the Government of National Defence to be +commander-in-chief of the army of the North. In this post he showed +himself to be possessed of the highest military talents, and the +struggle between the I. German army and that commanded by Faidherbe, in +which were included the hard-fought battles of Pont Noyelles, Bapaume +and St Quentin, was perhaps the most honourable to the French army in +the whole of the People's War. Even with the inadequate force of which +he disposed he was able to maintain a steady resistance up to the end of +the war. Elected to the National Assembly for the department of the +Nord, he resigned his seat in consequence of its reactionary +proceedings. For his services he was decorated with the grand cross, and +made chancellor of the order of the Legion of Honour. In 1872 he went on +a scientific mission to Upper Egypt, where he studied the monuments and +inscriptions. An enthusiastic geographer, philologist and archaeologist, +he wrote numerous works, among which may be mentioned _Collection des +inscriptions numidiques_ (1870), _Epigraphie phenicienne_ (1873), _Essai +sur la langue poul_ (1875), and _Le Zenaga des tribes senegalaises_ +(1877), the last a study of the Berber language. He also wrote on the +geography and history of Senegal and the Sahara, and _La Campagne de +l'armee du Nord_ (1872). He was elected a senator in 1879, and, in spite +of failing health, continued to the last a close student of his +favourite subjects. He died on the 29th of September 1889, and received +a public funeral. Statues and monuments to his memory were erected at +Lille, Bapaume, St Quentin and St Louis, Senegal. + + + + +FAIENCE, properly the French term for the _porzellana di Faenza_, a fine +kind of glazed and painted earthenware made at Faenza in Italy, hence a +term applied generally to all kinds of pottery other than unglazed +pottery or porcelain. It is often particularly applied to the +translucent earthenware made in Persia (see CERAMICS). + + + + +FAILLY, PIERRE LOUIS CHARLES DE (1810-1892), French general, was born at +Rozoy-sur-Serre (Aisne) on the 21st of January 1810, and entered the +army from St Cyr in 1828. In 1851 he had risen to the rank of colonel, +and Napoleon III., with whom he was a favourite, made him general of +brigade in 1854 and general of division in 1855, after which for a time +De Failly was his aide-de-camp. In the war of 1859 De Failly commanded a +division, and in 1867 he defeated Garibaldi at Mentana, this action +being the first in which the chassepot was used. In 1870 De Failly +commanded the V. corps. His inactivity at Bitsch on the 6th of August +while the I. corps on his right and the II. corps on his left were +crushed at Worth and Spicheren respectively, gave rise to the greatest +indignation in France, and his military career ended, after the V. corps +had been severely handled at Beaumont on the 30th of August, with the +catastrophe of Sedan. The rest of his life was spent in retirement. De +Failly wrote _Campaigne de 1870, Operations et marche du 5^me corps +jusqu'au 30 aout_ (Brussels, 1871). + + + + +FAIN, AGATHON JEAN FRANCOIS (1778-1837), French historian, was born in +Paris on the 11th of January 1778. Having gained admittance to the +offices of the Directory, he became head of a department. Under the +Consulate he entered the office of the secretary of state, in the +department of the archives. In 1806 he was appointed secretary and +archivist to the _cabinet particulier_ of the emperor, whom he attended +on his campaigns and journeys. He was created a baron of the empire in +1809, and, on the fall of Napoleon, was first secretary of the cabinet +and confidential secretary. Compelled by the second Restoration to +retire into private life, he devoted his leisure to writing the history +of his times, an occupation for which his previous employments well +fitted him. He published successively _Manuscrit de 1814, contenant +l'histoire des six derniers mois du regne de Napoleon_ (1823; new +edition with illustrations, 1906); _Manuscrit de 1813, contenant le +precis des evenements de cette annee pour servir a l'histoire de +l'empereur Napoleon_ (1824); _Manuscrit de 1812_ (1827); and _Manuscrit +de l'an iii. (1794-1795), contenant les premieres transactions de +l'Europe avec la republique francaise et le tableau des derniers +evenements du regime conventionnel_ (1828), all of which are remarkable +for accuracy and wide range of knowledge, and are a very valuable source +for the history of Napoleon I. Of still greater importance for the +history of Napoleon are Fain's _Memoires_, which were published +posthumously in 1908; they relate more particularly to the last five +years of the empire, and give a detailed picture of the emperor at work +on his correspondence among his confidential secretaries. Immediately +after the overthrow of Charles X., King Louis Philippe appointed Fain +first secretary of his cabinet (August 1830). Fain was a member of the +council of state and deputy from Montargis from 1834 until his death, +which occurred in Paris on the 16th of September 1837. + + + + +FAIR, a commercial institution, defined as a "greater species of market +recurring at more distant intervals": both "fair" and "market" (q.v.) +have been distinguished by Lord Coke from "mart," which he considers as +a greater species of fair; and all three may be defined as periodic +gatherings of buyers and sellers in an appointed place, subject to +special regulation by law or custom. Thus in England from a strictly +legal point of view there can be no fair or market without a franchise; +and a franchise of fair or market can only be exercised by right of a +grant from the crown, or by the authority of parliament or by +prescription presupposing a grant. In the earliest times periodical +trading in special localities was necessitated by the difficulties of +communication and the dangers of travel. Public gatherings, whether +religious, military or judicial, which brought together widely scattered +populations, were utilized as opportunities for commerce. At the +festivals of Delos and at the Olympic games trade, it is said, found +important outlets, while in Etruria the annual general assembly at the +temple of Voltumna served at the same time as a fair and was regularly +attended by Roman traders. Instances of a similar nature might be +multiplied; but it was above all with religious festivals which recurred +with regularity and convoked large numbers of persons that fairs, as +distinguished from markets, are most intimately associated. + +The most commonly accepted derivation of the word "fair" is from the +Latin _feria_, a name which the church borrowed from Roman custom and +applied to her own festivals. A fair was generally held during the +period of a saint's feast and in the precincts of his church or abbey, +but in England this desecration of church or churchyard was first +forbidden by the Statute of Winton (c. Edward I.). Most of the famous +fairs of medieval England and Europe, with their tolls or other +revenues, and, within certain limits of time and place, their monopoly +of trade, were grants from the sovereign to abbots, bishops and other +ecclesiastical dignitaries. Their "holy day" associations are preserved +in the German word for fairs, _Messen_; as also in the _kirmiss_, +"church mass," of the people of Brittany. So very intimate was the +connexion between the fair and the feast of the saint that the former +has very commonly been regarded as an off-shoot or development of the +latter. But there is every reason to suppose that fairs were already +existing national institutions, long before the church turned or was +privileged to turn them to her own profit. + +The first charter of the great fair of Stourbridge, near Cambridge, was +granted by King John for the maintenance of a leper hospital; but the +origin of the fair itself is ascribed to Carausius, the rebel emperor of +Britain, A.D. 207. At all events, it may be seen from the _data_ given +in Herbert Spencer's _Descriptive Sociology_ that the country had then +arrived at the stage of development where fairs might have been +recognized as a necessity. The Romans also appear to have elaborated a +market-law similar to that in force throughout medieval Europe--though +it must be observed that the Roman _nundinae_, which some have regarded +as fairs, were weekly markets. It has also been supposed that the +ancient fairs of Lyons were a special privilege granted by the Roman +conquerors; and Sidonius Apollinaris, A.D. 427, alludes to the fairs of +the district afterwards known as the county of Champagne, as if they +were then familiarly known institutions. Fairs, in a word, would not +only have arisen naturally, wherever the means of communication between +individual centres of production and consumption were felt to be +inadequate to the demand for an interchange of commodities; but, from +their very nature, they might be expected to show some essential +resemblances, even in points of legislation, and where no international +transmission of custom could have been possible. Thus, the fair courts +of pre-Spanish Mexico corresponded very closely to those of the +Beaucaire fair. They resembled the English courts of piepowder. The +Spaniards, when first they saw the Mexican fairs, were reminded of the +like institutions in Salamanca and Granada. The great fair or market at +the city of Mexico is said to have been attended by about 40,000 or +50,000 persons, and is thus described by Prescott:-- + + "Officers patrolled the square, whose business it was to keep the + peace, to collect the dues imposed on the various kinds of + merchandise, to see that no false measures or fraud of any kind were + used, and to bring offenders at once to justice. A court of twelve + judges sat in one part of the _tianguez_ clothed with those ample and + summary powers which, in despotic countries, are often delegated even + to petty tribunals. The extreme severity with which they exercised + those powers, in more than one instance, proves that they were not a + dead letter." + +But notwithstanding the great antiquity of fairs, their charters are +comparatively modern--the oldest known being that of St Denys, Paris, +which Dagobert, king of the Franks, granted (A.D. 642) to the monks of +the place "for the glory of God, and the honour of St Denys at his +festival." + +In England it was only after the Norman conquest that fairs became of +capital importance. Records exist of 2800 grants of franchise markets +and fairs between the years 1199 and 1483. More than half of these were +made during the reigns of John and Henry III., when the power of the +church was in ascendancy. The first recorded grant, however, appears to +be that of William the Conqueror to the bishop of Winchester, for leave +to hold an annual "free fair" at St Giles's hill. The monk who had been +the king's jester received his charter of Bartholomew fair, Smithfield, +in the year 1133. And in 1248 Henry III. granted a like privilege to the +abbot of Westminster, in honour of the "translation" of Edward the +Confessor. Sometimes fairs were granted to towns as a means for enabling +them to recover from the effects of war and other disasters. Thus, +Edward III. granted a "free fair" to the town of Burnley in Rutland, +just as, in subsequent times, Charles VII. favoured Bordeaux after the +English wars, and Louis XIV. gave fair charters to the towns of Dieppe +and Toulon. The importance attached to these old fairs may be understood +from the inducements which, in the 14th century, Charles IV. held out to +traders visiting the great fair of Frankfort-on-Main. The charter +declared that both during the continuance of the fair, and for eighteen +days before and after it, merchants would be exempt from imperial +taxation, from arrest for debt, or civil process of any sort, except +such as might arise from the transactions of the market itself and +within its precincts. Philip of Valois's regulations for the fairs of +Troyes in Champagne might not only be accepted as typical of all +subsequent fair-legislation of the kingdom, but even of the English and +German laws on the subject. The fair had its staff of notaries for the +attestation of bargains, its court of justice, its police officers, its +sergeants for the execution of the market judges' decrees, and its +visitors--of whom we may mention the _prud'hommes_,--whose duty it was +to examine the quality of goods exposed for sale, and to confiscate +those found unfit for consumption. The confiscation required the consent +of five or six representatives of the merchant community at the fair. +The effect of these great "free fairs" of England and the continent on +the development of society was indeed great. They helped to familiarize +the western and northern countries with the banking and financial +systems of the Lombards and Florentines, who resorted to them under the +protection of the sovereign's "firm peace," and the ghostly terrors of +the pope. They usually became the seat of foreign agencies. In the names +of her streets Provins preserved the memory of her 12th-century +intercourse with the agents and merchants of Germany and the Low +Countries, and long before that time the Syrian traders at St Denys had +established their powerful association in Paris. Like the church on the +religious side, the free fairs on the commercial side evoked and +cherished the international spirit. And during long ages, when +commercial "protection" was regarded as indispensable to a nation's +wealth, and the merchant was compelled to "fight his way through a +wilderness of taxes," they were the sole and, so far as they went, the +complete substitute for the free trade of later days. + +Their privileges, however, were, from their very nature, destined to +grow more oppressive and intolerable the more the towns were multiplied +and the means of communication increased. The people of London were +compelled to close their shops during the days when the abbot of +Westminster's fair was open. But a more curious and complete instance of +such an ecclesiastical monopoly was that of the St Giles's fair, at +first granted for the customary three days, which were increased by +Henry III. to sixteen. The bishop of Winchester was, as we have seen, +the lord of this fair. On the eve of St Giles's feast the magistrates of +Winchester surrendered the keys of the city gates to the bishop, who +then appointed his own mayor, bailiff and coroner, to hold office until +the close of the fair. During the same period, Winchester and +Southampton also--though it was then a thriving trading town--were +forbidden to transact their ordinary commercial business, except within +the bishop's fair, or with his special permission. The bishop's officers +were posted along the highways, with power to forfeit to his lordship +all goods bought and sold within 7 m. of the fair--in whose centre stood +"the pavilion," or bishop's court. It is clear, from the curious record +of the _Establishment and Expenses of the Household_ of Percy, 5th earl +of Northumberland, that fairs were the chief centres of country traffic +even as late as the 16th century. They began to decline rapidly after +1759, when good roads had been constructed and canal communication +established between Liverpool and the towns of Yorkshire, Cheshire and +Lancashire. In the great towns their extinction was hastened in +consequence of their evil effects on public morals. All the London fairs +were abolished as public nuisances before 1855--the last year of the +ever famous fair of St Bartholomew; and the fairs of Paris were swept +away in the storm of the Revolution. + +_English Fairs and Markets._--For the general reasons apparent from the +preceding sketch, fairs in England, as in France and Germany, have very +largely given way to markets for specialities. Even the live-stock +market of the metropolis is being superseded by the dead-meat market, a +change which has been encouraged by modern legislation on cattle +disease, the movements of home stock and the importation of foreign +animals. Agricultural markets are also disappearing before the +"agencies" and the corn exchanges in the principal towns. Still there +are some considerable fairs yet remaining. Of the English fairs for live +stock, those of Weyhill in Hampshire (October 10), St Faith's, near +Norwich (October 17), as also several held at Devizes, Wiltshire, are +among the largest in the kingdom. The first named stands next to none +for its display of sheep. Horncastle, Lincolnshire, is the largest horse +fair in the kingdom, and is regularly visited by American and +continental dealers. The other leading horse fairs in England are Howden +in Yorkshire (well known for its hunters), Woodbridge (on Lady Day) for +Suffolk horses, Barnet in Hertfordshire, and Lincoln. Exeter December +fair has a large display of cattle, horses and most kinds of +commodities. Large numbers of Scotch cattle are also brought to the +fairs of Carlisle and Ormskirk. Nottingham has a fair for geese. Ipswich +has a fair for lambs on the 1st of August, and for butter and cheese on +the 1st of September. Gloucester fair is also famous for the last-named +commodity. Falkirk fair, or tryst, for cattle and sheep, is one of the +largest in Scotland; and Ballinasloe, Galway, holds a like position +among Irish fairs. The Ballinasloe cattle are usually fed for a year in +Leinster before they are considered fit for the Dublin or Liverpool +markets. + +_French Fairs._--In France fairs and markets are held under the +authority of the prefects, new fairs and markets being established by +order of the prefects at the instance of the commune interested. Before +the Revolution fairs and markets could only be established by _seigneurs +justiciers_, but only two small markets have survived the law of 1790 +abolishing private ownership of market rights, namely, the _Marche Ste +Catherine_ and the _Marche des enfants rouges_, both in Paris. Under the +present system markets and fairs are held in most of the towns and +villages in France; and at all such gatherings entertainments form an +important feature. The great fair of Beaucaire instituted in 1168 has +steadily declined since the opening of railway communication, and now +ranks with the fairs of ordinary provincial towns. Situated at the +junction of the Rhone and the Canal du Midi, and less than 40 m. from +the sea, it at one time attracted merchants from Spain, from Switzerland +and Germany, and from the Levant and Mediterranean ports, and formed one +of the greatest temporary centres of commerce on the continent. One +trade firm alone, it is said, rarely did less than 1,000,000 francs +worth of business during the fortnight that the fair lasted. + +_German Fairs._--In Germany the police authorities are considered the +market authorities, and to them in most cases is assigned the duty of +establishing new fairs and markets, subject to magisterial decision. The +three great fairs of Germany are those of Frankfort-on-Main, +Frankfort-on-Oder and Leipzig, but, like all the large fairs of Europe, +they have declined rapidly in importance. Those of Frankfort-on-Main +begin on Easter Tuesday and on the nearest Monday to September 8 +respectively, and their legal duration is three weeks, though the limit +is regularly extended. The fairs of the second-named city are +_Reminiscere_, February or March; _St Margaret_, July; _St Martin_, +November. Ordinarily they last fifteen days, which is double the legal +term. The greatest of the German fairs are those of Leipzig, whose +display of books is famous all over the world. Its three fairs are dated +January 1, Easter, Michaelmas. The Easter one is the book fair, which is +attended by all the principal booksellers of Germany, and by many more +from the adjoining countries. Most German publishers have agents at +Leipzig. As many as 5000 new publications have been entered in a single +Leipzig catalogue. As in the other instances given, the Leipzig fairs +last for three weeks, or nearly thrice their allotted duration. Here no +days of grace are allowed, and the holder of a bill must demand payment +when due, and protest, if necessary, on the same day, otherwise he +cannot proceed against either drawer or endorser. + +_Russian Fairs._--In Russia fairs are held by local authorities. Landed +proprietors may also hold fairs on their estates subject to the sanction +of the local authorities; but no private tolls may be levied on +commodities brought to such fairs. In Siberia and the east of Russia, +where more primitive conditions foster such centres of trade, fairs are +still of considerable importance. Throughout Russia generally they are +very numerous. The most important, that of Nijni Novgorod, held annually +in July and August at the confluence of the rivers Volga and Kama, was +instituted in the 17th century by the tsar Michael Fedorovitch. In 1881 +it was calculated that trade to the value of 246,000,000 roubles was +carried on within the limits of the fair. It still continues to be of +great commercial importance, and is usually attended by upwards of +100,000 persons from all parts of Asia and eastern Europe. Other fairs +of consequence are those of Irbit in Perm, Kharkoff (January and +August), Poltava (August and February), Koreunais in Koursk, +Ourloupinsknia in the Don Cossack country, Krolevetz in Tchernigoff, and +a third fair held at Poltava on the feast of the Ascension. + +_Indian Fairs._--The largest of these, and perhaps the largest in Asia, +is that of Hurdwar, on the upper course of the Ganges. The visitors to +this holy fair number from 200,000 to 300,000; but every twelfth year +there occurs a special pilgrimage to the sacred river, when the numbers +may amount to a million or upwards. Those who go solely for the purposes +of trade are Nepalese, Mongolians, Tibetans, central Asiatics and +Mahommedan pedlars from the Punjab, Sind and the border states. Persian +shawls and carpets, Indian silks, Kashmir shawls, cottons (Indian and +English), preserved fruits, spices, drugs, &c., together with immense +numbers of cattle, horses, sheep and camels, are brought to this famous +fair. + +_American Fairs._--The word "fair," as now used in the United States, +appears to have completely lost its Old World meaning. It seems to be +exclusively applied to industrial exhibitions and to what in England are +called fancy bazaars. Thus, during the Civil War, large sums were +collected at the "sanitary fairs," for the benefit of the sick and +wounded. To the first-named class belong the state and county fairs, as +they are called. Among the first and best-known of these was the "New +York World's Fair," opened in 1853 by a company formed in 1851. (See +EXHIBITION.) + + _Law of Fairs._--As no market or fair can be held in England without a + royal charter, or right of prescription, so any person establishing a + fair without such sanction is liable to be sued under a writ of _Quo + warranto_, by any one to whose property the said market may be + injurious. Nor can a fair or market be legally held beyond the time + specified in the grant; and by 5 Edward III. c. 5 (1331) a merchant + selling goods after the legal expiry of the fair forfeited double + their value. To be valid, a sale must take place in "market-overt" + (open market); "it will not be binding if it carries with it a + presumption of fraudulence." These regulations satisfied, the sale + "transfers a complete property in the thing sold to the vendee; so + that however injurious or illegal the title of the vendor may be, yet + the vendee's is good against all men except the king." (In Scottish + law, the claims of the real owner would still remain valid.) However, + by 21 Henry VIII. c. 2 (1529) it was enacted that, "if any felon rob + or take away money, goods, or chattels, and be indicted and found + guilty, or otherwise attainted upon evidence given by the owner or + party robbed, or by any other by their procurement, the owner or party + robbed shall be restored to his money, goods or chattels," but only + those goods were restored which were specified in the indictment, now + could the owner recover from a _bona fide_ purchaser in market-overt + who had sold the goods before conviction. For obvious reasons the + rules of market-overt were made particularly stringent in the case of + horses. Thus, by 2 Philip & Mary c. 7 (1555) and 31 Eliz. c. 12 (1589) + no sale of a horse was legal which had not satisfied the following + conditions;--Public exposure of the animal for at least an hour + between sunrise and sunset; identification of the vendor by the market + officer, or guarantee for his honesty by "one sufficient and credible + person"; entry of these particulars, together with a description of + the animal, and a statement of the price paid for it, in the market + officer's book. Even if his rights should have been violated in spite + of all these precautions, the lawful owner could recover, if he + claimed within six months, produced witnesses, and tendered the price + paid to the vendor. Tolls were not a "necessary incident" of a + fair--i.e. they were illegal unless specially granted in the patent, + or recognized by custom. As a rule, they were paid only by the vendee, + and to the market clerk, whose record of the payment was an + attestation to the genuineness of the purchase. By 2 & 3 Philip & Mary + c. 7 every lord of a fair entitled to exact tolls was bound to appoint + a clerk to collect and enter them. It was also this functionary's + business to test measures and weights. Tolls, again, are sometimes + held to include "stallage" and "picage," which mean respectively the + price for permission to erect stalls and to dig holes for posts in the + market grounds. But toll proper belongs to the lord of the market, + whereas the other two are usually regarded as the property of the lord + of the soil. The law also provided that stallage might be levied on + any house situated in the vicinity of a market, and kept open for + business during the legal term of the said market. Among modern + statutes, one of the chief is the Markets and Fairs Clauses Act 1847, + the chief purpose of which was to consolidate previous measures. By + the act no proprietors of a new market were permitted to let + stallages, take tolls, or in any way open their ground for business, + until two justices of the peace certified to the completion of the + fair or market. After the opening of the place for public use, no + person other than a licensed hawker may sell anywhere within the + borough, his own house or shop excepted, any articles in respect of + which tolls are legally exigible in the market. A breach of this + provision entails a penalty of forty shillings. Vendors of unwholesome + meat are liable to a penalty of L5 for each offence; and the + "inspectors of provisions" have full liberty to seize the goods and + institute proceedings against the owners. They may also enter "at all + times of the day, with or without assistance," the slaughter-house + which the undertaker of the market may, by the special act, have been + empowered to construct. For general sanitary reasons, persons are + prohibited from killing animals anywhere except in these + slaughter-houses. Again, by the Fairs Act 1873, times of holding fairs + are determined by the secretary of state; while the Fairs Act 1871 + empowers him to abolish any fair on the representation of the + magistrate and with the consent of the owner. The preamble of the act + states that many fairs held in England and Wales are both unnecessary + and productive of "grievous immorality." + + _The Fair Courts._--The piepowder courts, the lowest but most + expeditious courts of justice in the kingdom, as Chitty calls them, + were very ancient. The Conqueror's law _De Emporiis_ shows their + pre-existence in Normandy. Their name was derived from _pied + poudreux_, i.e. "dusty-foot."[1] The lord of the fair or his + representative was the presiding judge, and usually he was assisted by + a jury of traders chosen on the spot. Their jurisdiction was limited + by the legal time and precincts of the fair, and to disputes about + contracts, "slander of wares," attestations, the preservation of + order, &c. + + _Authorities._--See Herbert Spencer's _Descriptive Sociology_ (1873), + especially the columns and paragraphs on "Distribution"; Prescott's + _History of Mexico_, for descriptions of fairs under the Aztecs; Giles + Jacob's _Law Dictionary_ (London, 1809); Joseph Chitty's _Treatise on + the Law of Commerce and Manufactures_, vol. ii. chap. 9 (London, + 1824); Holinshed's and Grafton's _Chronicles_, for lists, &c., of + English fairs; Meyer's _Das grosse Conversations-Lexicon_ (1852), + under "Messen"; article "Foire" in Larousse's _Dictionnaire + universelle du XIX^e siecle_ (Paris, 1866-1874), and its references to + past authorities; and especially, the second volume, commercial + series, of the _Encyclopedie methodique_ (Paris, 1783); M'Culloch's + _Dictionary of Commerce_ (1869-1871); Wharton's _History of English + Poetry_, pp. 185, 186 of edition of 1870 (London, Murray & Son), for a + description of the Winchester Fair, &c.; a note by Professor Henry + Morley in p. 498, vol. vii. _Notes and Queries_, second series; the + same author's unique _History of the Fair of St Bartholomew_ (London, + 1859); Wharton's _Law Lexicon_ (Will's edition, London, 1876); P. + Huvelin's _Essai historique sur le droit des marches et des foires_ + (Paris, 1897); _Report of the Royal Commission on Market Rights and + Tolls_, vols. i. (1889), xiv. (1891); _Final Report_ (1891); Walford's + _Fairs, Past and Present_ (1883); _The Law relating to Markets and + Fairs_, by Pease and Chitty (London, 1899). (J. Ma.; Ev. C.*) + + +FOOTNOTE: + + [1] In Med. Lat. _pede-pulverosus_ meant an itinerant merchant or + pedlar. In Scots borough law "marchand travelland" and "dusty fute" + are identical. + + + + +FAIRBAIRN, ANDREW MARTIN (1838- ), British Nonconformist divine, was +born near Edinburgh on the 4th of November 1838. He was educated at the +universities of Edinburgh and Berlin, and at the Evangelical Union +Theological Academy in Glasgow. He entered the Congregational ministry +and held pastorates at Bathgate, West Lothian and at Aberdeen. From 1877 +to 1886 he was principal of Airedale College, Bradford, a post which he +gave up to become the first principal of Mansfield College, Oxford. In +the transference to Oxford under that name of Spring Hill College, +Birmingham, he took a considerable part, and he has exercised influence +not only over generations of his own students, but also over a large +number of undergraduates in the university generally. He was granted the +degree of M.A. by a decree of Convocation, and in 1903 received the +honorary degree of doctor of literature. He was also given the degrees +of doctor of divinity of Edinburgh and Yale, and doctor of laws of +Aberdeen. His activities were not limited to his college work. He +delivered the Muir lectures at Edinburgh University (1878-1882), the +Gifford lectures at Aberdeen (1892-1894), the Lyman Beecher lectures at +Yale (1891-1892), and the Haskell lectures in India (1898-1899). He was +a member of the Royal Commission of Secondary Education in 1894-1895, +and of the Royal Commission on the Endowments of the Welsh Church in +1906. In 1883 he was chairman of the Congregational Union of England and +Wales. He is a prolific writer on theological subjects. He resigned his +position at Mansfield College in the spring of 1909. + + Among his works are:--_Studies in the Philosophy of Religion and + History_ (1876); _Studies in the Life of Christ_ (1881); _Religion in + History and in Modern Life_ (1884; rev. 1893); _Christ in Modern + Theology_ (1893); _Christ in the Centuries_ (1893); _Catholicism Roman + and Anglican_ (1899); _Philosophy of the Christian Religion_ (1902); + _Studies in Religion and Theology_ (1909). + + + + +FAIRBAIRN, SIR WILLIAM, Bart. (1789-1874), Scottish engineer, was born +on the 19th of February 1789 at Kelso, Roxburghshire, where his father +was a farm-bailiff. In 1803 he obtained work at three shillings a week +as a mason's labourer on the bridge then being built by John Rennie at +Kelso; but within a few days he was incapacitated by an accident. Later +in the same year, his father having been appointed steward on a farm +connected with Percy Main Colliery near North Shields, he obtained +employment as a carter in connexion with the colliery. In March 1804 he +was bound an apprentice to a millwright at Percy Main, and then found +time to supplement the deficiencies of his early education by systematic +private study. It was at Percy Main that he made the acquaintance of +George Stephenson, who then had charge of an engine at a neighbouring +colliery. For some years subsequent to the expiry of his apprenticeship +in 1811, he lived a somewhat roving life, seldom remaining long in one +place and often reduced to very hard straits before he got employment. +But in 1817 he entered into partnership with a shopmate, James Lillie, +with whose aid he hired an old shed in High Street, Manchester, where he +set up a lathe and began business. The firm quickly secured a good +reputation, and the improvements in mill-work and water-wheels +introduced by Fairbairn caused its fame to extend beyond Manchester to +Scotland and even the continent of Europe. The partnership was dissolved +in 1832. + +In 1830 Fairbairn had been employed by the Forth and Clyde Canal Company +to make experiments with the view of determining whether it were +possible to construct steamers capable of traversing the canal at a +speed which would compete successfully with that of the railway; and the +results of his investigation were published by him in 1831, under the +title _Remarks on Canal Navigation_. His plan of using iron boats proved +inadequate to overcome the difficulties of this problem, but in the +development of the use of this material both in the case of merchant +vessels and men-of-war he took a leading part. In this way also he was +led to pursue extensive experiments in regard to the strength of iron. +In 1835 he established, in connexion with his Manchester business, a +shipbuilding yard at Millwall, London, where he constructed several +hundred vessels, including many for the royal navy; but he ultimately +found that other engagements prevented him from paying adequate +attention to the management, and at the end of fourteen years he +disposed of the concern at a great loss. In 1837 he was consulted by the +sultan of Turkey in regard to machinery for the government workshops at +Constantinople. In 1845 he was employed, in conjunction with Robert +Stephenson, in constructing the tubular railway bridges across the +Conway and Menai Straits. The share he had in the undertaking has been +the subject of some dispute; his own version is contained in a volume he +published in 1849, _An Account of the Construction of the Britannia and +Conway Tubular Bridges_. In 1849 he was invited by the king of Prussia +to submit designs for the construction of a bridge across the Rhine, but +after various negotiations, another design, by a Prussian engineer, +which was a modification of Fairbairn's, was adopted. Another matter +which engaged much of Fairbairn's attention was steam boilers, in the +construction of which he effected many improvements. Amid all the cares +of business he found time for varied scientific investigation. In 1851 +his fertility and readiness of invention greatly aided an inquiry +carried out at his Manchester works by Sir William Thomson (Lord Kelvin) +and J.P. Joule, at the instigation of William Hopkins, to determine the +melting points of substances under great pressure; and from 1861 to 1865 +he was employed to guide the experiments of the government committee +appointed to inquire into the "application of iron to defensive +purposes." He died at Moor Park, Surrey, on the 18th of August 1874. +Fairbairn was a member of many learned societies, both British and +foreign, and in 1861 served as president of the British Association. He +declined a knighthood, in 1861, but accepted a baronetcy in 1869. + +His youngest brother, SIR PETER FAIRBAIRN (1799-1861), founded a large +machine manufacturing business in Leeds. Starting on a small scale with +flax-spinning machinery, he subsequently extended his operations to the +manufacture of textile machinery in general, and finally to that of +engineering tools. He was knighted in 1858. + + See _The Life of Sir William Fairbairn_, partly written by himself and + edited and completed by Dr William Pole (1877). + + + + + + + +End of the Project Gutenberg EBook of Encyclopaedia Britannica, 11th +Edition, Volume 10, Slice 1, by Various + +*** END OF THIS PROJECT GUTENBERG EBOOK ENCYC. 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