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<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&rsquo;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; ">&nbsp;</div>

<p class="center" style="font-size: 180%">THE</p>
<p class="center" style="font-size: 250%; color: #C11B17;">ENCYCLOP&AElig;DIA BRITANNICA</p>
<div class="pt2">&nbsp;</div>

<p class="center" style="font-size: 150%">ELEVENTH EDITION</p>
<div class="pt2">&nbsp;</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">&rdquo;</td>
    <td class="tc6">&rdquo;</td>
    <td class="tc5">ten</td>
    <td class="tc6">&rdquo;</td>
    <td class="tc5">1777-1784.</td></tr>
<tr><td class="tc5">THIRD</td>
    <td class="tc6">&rdquo;</td>
    <td class="tc6">&rdquo;</td>
    <td class="tc5">eighteen</td>
    <td class="tc6">&rdquo;</td>
    <td class="tc5">1788-1797.</td></tr>
<tr><td class="tc5">FOURTH</td>
    <td class="tc6">&rdquo;</td>
    <td class="tc6">&rdquo;</td>
    <td class="tc5">twenty</td>
    <td class="tc6">&rdquo;</td>
    <td class="tc5">1801-1810.</td></tr>
<tr><td class="tc5">FIFTH</td>
    <td class="tc6">&rdquo;</td>
    <td class="tc6">&rdquo;</td>
    <td class="tc5">twenty</td>
    <td class="tc6">&rdquo;</td>
    <td class="tc5">1815-1817.</td></tr>
<tr><td class="tc5">SIXTH</td>
    <td class="tc6">&rdquo;</td>
    <td class="tc6">&rdquo;</td>
    <td class="tc5">twenty</td>
    <td class="tc6">&rdquo;</td>
    <td class="tc5">1823-1824.</td></tr>
<tr><td class="tc5">SEVENTH</td>
    <td class="tc6">&rdquo;</td>
    <td class="tc6">&rdquo;</td>
    <td class="tc5">twenty-one</td>
    <td class="tc6">&rdquo;</td>
    <td class="tc5">1830-1842.</td></tr>
<tr><td class="tc5">EIGHTH</td>
    <td class="tc6">&rdquo;</td>
    <td class="tc6">&rdquo;</td>
    <td class="tc5">twenty-two</td>
    <td class="tc6">&rdquo;</td>
    <td class="tc5">1853-1860.</td></tr>
<tr><td class="tc5">NINTH</td>
    <td class="tc6">&rdquo;</td>
    <td class="tc6">&rdquo;</td>
    <td class="tc5">twenty-five</td>
    <td class="tc6">&rdquo;</td>
    <td class="tc5">1875-1889.</td></tr>
<tr><td class="tc5">TENTH</td>
    <td class="tc6">&rdquo;</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">&rdquo;</td>
    <td class="tc6" colspan="3">published in twenty-nine volumes,</td>
    <td class="tc5">1910-1911.</td></tr>
</table>

<div class="pt2">&nbsp;</div>
<hr class="full" />
<div class="pt2">&nbsp;</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">&nbsp;</div>

<p class="center"><i>All rights reserved</i></p>

<div class="pt2">&nbsp;</div>
<hr class="full" />

<p class="center" style="font-size: 180%">THE</p>
<p class="center" style="font-size: 250%; color: #C11B17;">ENCYCLOP&AElig;DIA BRITANNICA</p>
<p>&nbsp;</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>&nbsp;</p>

<p class="center" style="font-size: 120%">ELEVENTH EDITION</p>
<p>&nbsp;</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">&nbsp;</div>

<p class="center" style="font-size: 130%">New York</p>
<p>&nbsp;</p>
<p class="center">Encyclop&aelig;dia Britannica, Inc.</p>
<p class="center f80">342 Madison Avenue</p>

<div class="pt1">&nbsp;</div>
<p class="center">Copyright, in the United States of America, 1910,<br />
by<br />
The Encyclop&aelig;dia Britannica Company.</p>
<div class="pt2">&nbsp;</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; ">&nbsp;</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">E&#7810;E</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&rsquo;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; ">&nbsp;</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">&nbsp;</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>; &amp;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&rsquo;
                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>; &amp;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>; &amp;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.&rsquo;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>; &amp;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>; &amp;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&rsquo;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>; &amp;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>; &amp;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>; &amp;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>; &amp;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 &ldquo;The Lausiac History of Palladius,&rdquo;
                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>; &amp;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 &amp; 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&rsquo;s Hospital, London, and to the Children&rsquo;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>; &amp;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&rsquo;s College, Cambridge. Stokes Lecturer
                in Mathematics in the University.</td>
   <td class="tc4 cl">Fourier&rsquo;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>; &amp;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&rsquo;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&rsquo;s Lecturer, 1906-1907. Fellow of the British Academy.
                Author of Monographs on Roman History, especially Roman Britain; &amp;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&rsquo;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>; &amp;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; &amp;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&rsquo;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, &amp;c. Author of <i>The White Pine</i>;
                <i>A Primer of Forestry</i>; &amp;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">Fair&#363;z&#257;b&#257;d&#299;;<br />
Fakhr ud-D&#299;n R&#257;zi;<br />
F&#257;r&#257;b&#299;; 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&rsquo;s College, London. Fellow of British Academy.
                Hon. Canon of Ely Cathedral. Author of <i>The Holy Spirit in the New Testament</i>; &amp;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 &ldquo;Amphibia and Reptiles,&rdquo; 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&rsquo; 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&rsquo;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>; &amp;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, &amp;c., at King&rsquo;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>; &amp;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>; &amp;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>;
                &amp;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&rsquo;s Work</i>; <i>The Trajan Column</i>; &amp;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>; &amp;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&rsquo;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&rsquo;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>; &amp;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>; &amp;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&rsquo;histoire du droit
                français</i>; &amp;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&rsquo;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>; &amp;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&rsquo;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, &amp;c. Editor of <i>Statesman&rsquo;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&rsquo;s <i>Europe</i>. Formerly Editor of the <i>Scottish Geographical
                Magazine</i>. Translator of Sven Hedin&rsquo;s <i>Through Asia, Central Asia and Tibet</i>; &amp;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>; &amp;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 "&ldquo;Protozoa,&rdquo; 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&rsquo;Anthropologie de Paris. Author of <i>Thought Transference</i>; <i>Kinship and
                Marriage in Australia</i>; &amp;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; &amp;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>; &amp;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>; &amp;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&rsquo;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&rsquo;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>; &amp;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&rsquo;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>; &amp;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>; &amp;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>; &amp;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&rsquo;s College,
                London. Corresponding Member of the Institute of France. Editor of Fergusson&rsquo;s
                <i>History of Architecture</i>. Author of <i>Architecture: East and West</i>; &amp;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>; &amp;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>; &amp;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>; &amp;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>; &amp;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>; &amp;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>; &amp;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&rsquo;s
                College, Lampeter, 1880-1881. Author of <i>Guide to Switzerland</i>; <i>The Alps in
                Nature and in History</i>; &amp;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&rsquo;s College,
                Oxford. Author of <i>Modern Europe</i>; &amp;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>; &amp;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>; &amp;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>; &amp;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>; &amp;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>; &amp;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>;
                &amp;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&rsquo;s
                 <i>Practical Chemistry</i>; &amp;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&rsquo;s College.
                Author of <i>A Manual of Forestry</i>; <i>Forestry in the United Kingdom</i>; <i>The Outlook of
                the World&rsquo;s Timber Supply</i>; &amp;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>; &amp;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">&nbsp;</div>
<hr class="full" />
<div class="pt2">&nbsp;</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">&nbsp;</div>
<hr class="full" />

<div style="padding-top: 3em; ">&nbsp;</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 &ldquo;Disruption&rdquo; of the Free Church), and,
on the basis of certain doctrinal principles, formed themselves
into an association under the name of the Evangelical Union,
&ldquo;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
&lsquo;pleasure of the Lord.&rsquo;&rdquo; 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 &ldquo;Morisonian&rdquo;
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
&ldquo;the Bunyan of Wales.&rdquo;</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 &ldquo;Rebecca Riots,&rdquo; 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&rsquo;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&rsquo;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&mdash;notably
the papers on &ldquo;Flint Implements in the Drift&rdquo;
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&rsquo;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 &ldquo;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.&rdquo;
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&rsquo;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&rsquo;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 &amp; North-Western, and the
Chicago, Milwaukee &amp; 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&rsquo; 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&rsquo;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&mdash;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 &amp; Terre Haute, the
Evansville &amp; Indianapolis, the Illinois Central, the Louisville &amp;
Nashville, the Louisville, Henderson &amp; 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&rsquo;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>
&amp; Erie Canal, in 1853, from Evansville to Toledo, Ohio, a distance
of 400 m., greatly accelerated the city&rsquo;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 &ldquo;Alabama&rdquo; arbitration. During President Hayes&rsquo;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">&#917;&#8020;&#945;</span>,
of the Hebrew name <span title="Hava">&#1495;&#1493;&#1492;</span> &#7716;avvah, given by Adam to his wife
because she was &ldquo;mother of all living,&rdquo; or perhaps more strictly,
&ldquo;of every group of those connected by female kinship&rdquo; (see
W.R. Smith, <i>Kinship</i>, 2nd ed., p. 208), as if Eve were the personification
of mother-kinship, just as Adam (&ldquo;man&rdquo;) is the
personification of mankind.</p>

<p>[The abstract meaning &ldquo;life&rdquo; (LXX. <span class="grk" title="Zôê">&#918;&#969;&#942;</span>), once favoured by
Robertson Smith, is at any rate unsuitable in a popular story.
Wellhausen and Nöldeke would compare the Ar. <i>&#7717;ayyatun</i>,
&ldquo;serpent,&rdquo; and the former remarks that, if this is right, the
Israelites received their first ancestress from the &#7716;ivvites
(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 &#7716;avvah and
the &#7716;ivvites.]</p>

<p>[The account of the origin of Eve (Gen. iii. 21-23) runs thus:
&ldquo;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.&rdquo; Enchanted at the
sight, the man now burst out into elevated, rhythmic speech:
&ldquo;This one,&rdquo; he said, &ldquo;at length is bone of my bone and flesh
of my flesh,&rdquo; &amp;c. ; to which the narrator adds the comment,
&ldquo;Therefore doth a man forsake his father and his mother, and
cleave to his wife, and they become one flesh (body).&rdquo; 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 &ldquo;his wife&rdquo;
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&rsquo;s story as well as by the prophetic descriptions of
Yahweh&rsquo;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 &ldquo;help (or helper) matching or
corresponding to him&rdquo;; or, as the Authorized Version
<span class="sidenote">New Testament application.</span>
puts it, &ldquo;a help meet for him&rdquo; (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&rsquo;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>, &ldquo;Adam and Eve.&rdquo;]</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&mdash;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&rsquo;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 &ldquo;minds trained under the influence of the
Jewish Haggada, in which the whole Biblical history
is freely intermixed with legendary and parabolic matter,&rdquo; 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&rsquo;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&rsquo;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 &ldquo;mythical&rdquo; 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&rsquo;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&mdash;as is done by many who accept the narrative as a part of
supernatural revelation&mdash;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&rsquo;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> &ldquo;Die bibl. Schöpfungsberichte&rdquo; (<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 &ldquo;carrying away&rdquo;), 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&prime; in either
direction. It may be considered as arising from a semi-annual
variation in the eccentricity of the moon&rsquo;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 &amp; Northern and the Duluth &amp; Iron Range railways.
It lies in the midst of the great red and brown hematite
iron-ore deposits of the Mesabi Range&mdash;the richest in the Lake
Superior district&mdash;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&rsquo;s parents at Cliffe, near Lewes. He refused
to leave his &ldquo;too indulgent&rdquo; grandmother for Eton, and when
on her husband&rsquo;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&rsquo;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 &ldquo;trailing a pike.&rdquo;
He returned in the autumn to find England on the verge of
civil war. Evelyn&rsquo;s part in the conflict is best told in his own
words:&mdash;</p>

<div class="condensed">
<p>&ldquo;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&rsquo;s army.&rdquo;</p>
</div>

<p>At Wotton he employed himself in improving his brother&rsquo;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 &ldquo;finding it impossible
to evade doing very unhandsome things,&rdquo; 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&rsquo;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&rsquo;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&rsquo;s absence in
Ireland, he acted as one of the commissioners of the privy seal.
He was seriously alarmed by the king&rsquo;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&rsquo;s house
at Sayes Court had been let to Captain, afterwards Admiral John
Benbow, who was not a &ldquo;polite&rdquo; tenant. He sublet it to Peter
the Great, who was then visiting the dockyard at Deptford.
The tsar did great damage to Evelyn&rsquo;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&rsquo;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&rsquo;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&rsquo;s sterling qualities. Evelyn&rsquo;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.&rsquo;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&rsquo;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&rsquo;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&rsquo;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&rsquo;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&rsquo;s own copy of which contains
a note that he was &ldquo;like to be call&rsquo;d in question by the Rebells for
this booke&rdquo;; <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&rsquo; 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&rsquo;s friendship with Mary
Blagge, afterwards Mrs Godolphin, is recorded in the diary, when he
says he designed &ldquo;to consecrate her worthy life to posterity.&rdquo; 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 &ldquo;King&rsquo;s Classics&rdquo; (1904).
The picture of Mistress Blagge&rsquo;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&rsquo;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&rsquo;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&rsquo;s &ldquo;Mouth of the Schelde&rdquo; 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&rsquo;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&rsquo;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 &ldquo;inventor of cascades.&rdquo; 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&rsquo;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&rsquo;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&rsquo;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:&mdash;A paper in vol. i. of the
<i>Memoirs of the Royal Astronomical Society</i>, pointing out a mistake
in La Caille&rsquo;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&prime; and 24° 7&prime;, 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&prime; 15&Prime;, 24° 7&prime; 11&Prime;, and 20° 30&prime;
48&Prime;</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&rsquo;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&rsquo;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&rsquo;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&rsquo;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&mdash;the
north-eastern boundary, the affair of M&lsquo;Leod, the seizure of
American vessels on the coast of Africa, in the course of a few
months the affair of the &ldquo;Creole,&rdquo; 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&rsquo;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&rsquo;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 &ldquo;oration&rdquo; on some topic of historical or other
interest. With him these &ldquo;orations,&rdquo; 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 &ldquo;oration&rdquo; 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&rsquo;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 &amp; 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), &ldquo;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.&rdquo; The value of the city&rsquo;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&rsquo;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&rsquo;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 &ldquo;Arkansas Bill,&rdquo; 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&rsquo;s <i>Across the Everglades</i> (Philadelphia,
1898), and especially an article &ldquo;The Everglades of Florida&rdquo; 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 &ldquo;everlastings,&rdquo; 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 &ldquo;everlastings.&rdquo; 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 &ldquo;everlasting&rdquo; 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&rsquo;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&rsquo;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:&mdash;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&rsquo;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&rsquo;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&rsquo;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,
&ldquo;spawned Latin maxims freely.&rdquo; 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 &ldquo;proofs.&rdquo; 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 &ldquo;medial
judgment,&rdquo; 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
&ldquo;taken to witness.&rdquo; 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 &ldquo;by the country.&rdquo; 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>, &amp;c. ) &ldquo;leads to hell&rdquo; (<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. &ldquo;Every safeguard of innocence was abolished or
disregarded; torture was freely used. Everything seems to have
been done to secure a conviction.&rdquo; 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.
&ldquo;Le parlement de Toulouse,&rdquo; said Voltaire, &ldquo;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.&rdquo; 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&rsquo;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 &ldquo;a work which it is impossible to abstract or abridge
without losing some beauty and destroying the charm of the
whole&rdquo;; but Bentham, who rarely agrees with Blackstone,
speaks of it as running throughout &ldquo;in the same strain of
anility, garrulity, narrow-mindedness, absurdity, perpetual misrepresentation
and indefatigable self-contradiction.&rdquo; 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&rsquo;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 &ldquo;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.&rdquo; 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&rsquo;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
&amp;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 &ldquo;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.&rdquo; 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&rsquo;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 &ldquo;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.&rdquo; 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 &ldquo;Witnesses.&rdquo;</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&rsquo;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&rsquo;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 &ldquo;exclusionary&rdquo; 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.
&ldquo;My study of the subject,&rdquo; he says, &ldquo;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.&rdquo; 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 &ldquo;deemed to be relevant,&rdquo; 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&rsquo;s Act and Digest would
find them more intelligible and more useful if &ldquo;admissible&rdquo; were
substituted for &ldquo;relevant&rdquo; throughout. Indeed it is hardly too
much to say that Stephen&rsquo;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&rsquo;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
&ldquo;not admissible as evidence,&rdquo; or &ldquo;not evidence,&rdquo; 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&rsquo;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&rsquo;s conduct on other occasions ought to be
admitted, he said:&mdash;</p>

<div class="condensed">
<p>&ldquo;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&rdquo; (<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:&mdash;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>&mdash;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&rsquo;s
lines&mdash;</p>

<table class="reg" summary="poem f90"><tr><td> <div class="poemr">
<p>&ldquo;For twelve honest men have decided the cause</p>
<p class="i05">Who are judges alike of the facts and the laws,&rdquo;</p>
</div> </td></tr></table>

<p class="noind">and by Lord Mansfield&rsquo;s variant&mdash;</p>

<p class="center f90">&ldquo;Who are judges of facts, but not judges of laws.&rdquo;</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&rsquo;s Libel Act 1792. Coke&rsquo;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 &ldquo;mixed questions
of law and fact,&rdquo; to use a common phrase, which arise in such
cases as those relating to &ldquo;necessaries,&rdquo; &ldquo;due diligence,&rdquo;
&ldquo;negligence,&rdquo; &ldquo;reasonableness,&rdquo; &ldquo;reasonable and probable
cause.&rdquo; 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 &ldquo;reasonable&rdquo; or &ldquo;prudent&rdquo; 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 &ldquo;found&rdquo; as customs by Lord
Mansfield&rsquo;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>&mdash;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 &ldquo;everybody is supposed to know.&rdquo; 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>&mdash;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&rsquo;s language, as &ldquo;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&rdquo; (perhaps it would be better to say &lsquo;soundness&rsquo;)
&ldquo;of the inference is disproved.&rdquo; 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 &ldquo;conclusive presumptions of law,&rdquo; 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&rsquo;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
&ldquo;Presumption of Innocence.&rdquo; 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&rsquo;s marriage, or within the
period of gestation after her husband&rsquo;s death, and the presumptions
as to life and death. &ldquo;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&rdquo; (<i>i.e.</i> legal presumption)
&ldquo;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&rdquo; (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 &ldquo;lost grant,&rdquo; <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>&mdash;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&rsquo;s case was tried
first; then, unless that failed, the defendant&rsquo;s on his <i>exceptio</i>;
then, unless that failed, the plaintiff&rsquo;s on his <i>replicatio</i>, and so
on. Under such a system the burden was always on the &ldquo;actor.&rdquo;
In modern law the phrase &ldquo;burden of proof&rdquo; may mean one of
two things, which are often confused&mdash;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 &ldquo;best
evidence&rdquo; 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, &ldquo;facts cannot lie,&rdquo; 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:&mdash;(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>&mdash;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 &ldquo;one great principle&rdquo; in the
law of evidence as being that &ldquo;all facts which are relevant to the
issue may be proved.&rdquo; 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&rsquo;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
&ldquo;relevant&rdquo; and &ldquo;irrelevant&rdquo; 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&rsquo;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>&mdash;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 &ldquo;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.&rdquo; And in
the great case of <i>Omichund</i> v. <i>Barker</i> (1744), Lord Hardwicke
went so far as to say, &ldquo;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&rdquo; (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&rsquo;s
Digest.</p>

<p>3. <i>Hearsay.</i>&mdash;The term &ldquo;hearsay&rdquo; 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>.&mdash;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>&mdash;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>&mdash;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>&mdash;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>&mdash;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>&mdash;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>&mdash;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>&mdash;By the term &ldquo;admission,&rdquo; 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&rsquo;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
&ldquo;without prejudice.&rdquo; (<i>i</i>) <i>Confessions.</i>&mdash;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&rsquo;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>&mdash;Statements
are often admitted as evidence on the ground that they
form part of what is called the &ldquo;transaction,&rdquo; 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 &ldquo;transaction&rdquo; to be treated as lasting? What ought to be
treated as &ldquo;the immediate and natural effect of continuing action,&rdquo;
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 &ldquo;transaction,&rdquo; 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&rsquo;s apprehension. (<i>k</i>) <i>Complaints
in rape cases, &amp;c. </i>&mdash;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&rsquo;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>&mdash;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, &ldquo;Was he drunk?&rdquo; 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 &ldquo;experts,&rdquo; 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
&ldquo;evidence&rdquo; or &ldquo;evidences&rdquo; 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 &ldquo;best evidence&rdquo; 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&rsquo;s book, provable
according to the special provisions of the Bankers&rsquo; 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
&ldquo;act in the law,&rdquo; 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 &ldquo;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.&rdquo; 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 &ldquo;parol evidence,&rdquo; 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&rsquo;s intention.</p>

<p class="pt1 center sc">V. Witnesses</p>

<p>1. <i>Attendance.</i>&mdash;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>&mdash;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&rsquo;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>&mdash;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:&mdash;</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&rsquo;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&mdash;</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>&mdash;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>&mdash;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
&ldquo;inquisition&rdquo; 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>&mdash;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&rsquo;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 &ldquo;inquisition&rdquo;
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 &ldquo;confronted&rdquo;
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 &amp; 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&mdash;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 &ldquo;Beweis&rdquo;);
Holtzendorff, <i>Rechtslexikon</i> (&ldquo;Beweis&rdquo;).</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.): &ldquo;The grounds
of probability are&mdash;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.&rdquo;</p>
</div>


<hr class="art" />
<p><span class="bold">EVIL EYE.<a name="ar31" id="ar31"></a></span> The terror of the arts of &ldquo;fascination,&rdquo; <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 &ldquo;evil eye&rdquo; 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">&#946;&#945;&#963;&#954;&#945;&#957;&#943;&#945;</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 &ldquo;ornaments&rdquo;
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 &ldquo;I don&rsquo;t wish ee no harm,
so I on&rsquo;t zay no more.&rdquo; This is what the Scots call &ldquo;fore-speaking,&rdquo;
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 &ldquo;middling,&rdquo; or qualifies his admission
of good health by adding &ldquo;now&rdquo; or &ldquo;just now.&rdquo; The
belief led in many countries to the saying, when one heard anybody
or anything praised superabundantly, &ldquo;God preserve him
or it.&rdquo; So in Ireland, to avoid being suspected of having the evil
eye, it is advisable when looking at a child to say &ldquo;God bless it&rdquo;;
and when passing a farm-yard where cows are collected at milking
time it is usual for the peasant to say, &ldquo;The blessing of God be
on you and all your labour.&rdquo; Bacon writes: &ldquo;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.&rdquo;</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
&ldquo;overlooked.&rdquo; 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>,
&amp;c. , &amp;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 &ldquo;evolving,&rdquo;
as opposed to that of simple creation, has been defined by
Prof. James Sully in the 9th edition of this encyclopaedia as a
&ldquo;natural history of the cosmos including organic beings, expressed
in physical terms as a mechanical process.&rdquo; The following
exposition of the historical development of the doctrine is
taken from Sully&rsquo;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,
&amp;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, &amp;c. ), and to the vast extension and improvement
of all branches of historical study.</p>

<p><i>History of the Idea of Evolution.</i>&mdash;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&rsquo;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>&mdash;The problem of the origin of the
world was the first to engage man&rsquo;s speculative activity. Nor
was this line of inquiry pursued simply as a step in the more
practical problem of man&rsquo;s final destiny. The order of ideas
observable in children suggests the reflection that man began to
discuss the &ldquo;whence&rdquo; of existence before the &ldquo;whither.&rdquo; At
first, as in the case of the child, the problem of the genesis of
things was conceived anthropomorphically: the question
&ldquo;How did the world arise?&rdquo; first shaped itself to the human
mind under the form &ldquo;Who made the world?&rdquo; 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>&mdash;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 &ldquo;principal thing&rdquo; or &ldquo;original nature&rdquo; 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>&mdash;Passing by Buddhism, which, though
teaching the periodic destruction of our world by fire, &amp;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">&#8021;&#955;&#951;</span>; hence the name &ldquo;Hylozoists&rdquo;),
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">&#964;&#8056; &#7940;&#960;&#949;&#953;&#961;&#959;&#957;</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&mdash;hot, cold, &amp;c. &mdash;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&mdash;generation and decay&mdash;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&rsquo;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">&#960;&#972;&#955;&#949;&#956;&#959;&#962;</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&rsquo;s theory of
evolution.</p>

<p><i>Empedocles.</i>&mdash;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>&mdash;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>&mdash;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&rsquo;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">&#966;&#973;&#963;&#953;&#962;</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&rsquo;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&rsquo;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">&#957;&#959;&#8166;&#962;</span>) which enters into the
individual from without. Aristotle&rsquo;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>&mdash;Of Aristotle&rsquo;s immediate successors one deserves
to be noticed here, namely, Strato of Lampsacus, who developed
his master&rsquo;s cosmology into a system of naturalism.
Strato appears to reject Aristotle&rsquo;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>&mdash;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&rsquo;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&mdash;Lucretius.</i>&mdash;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>&mdash;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&mdash;(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>&mdash;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&mdash;Early Schoolmen.</i>&mdash;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>&mdash;Elaborate doctrines of emanation, largely
based on Neoplatonic ideas, are also propounded by some of
the Arabic philosophers, as by F&#257;r&#257;b&#299; 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>&mdash;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>&mdash;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>&mdash;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>&mdash;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&mdash;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>&mdash;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>&mdash;A word must be given to one of Bruno&rsquo;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 &ldquo;inorganic.&rdquo;</p>

<p><i>Boehme.</i>&mdash;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>&mdash;The influence of an advancing study of
nature, which was stimulated if not guided by Bacon&rsquo;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>&mdash;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&rsquo;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>&mdash;In Spinoza&rsquo;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&rsquo;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>&mdash;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 &ldquo;cogitative,&rdquo; 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&rsquo;s ideas&mdash;which laid the foundations of
English analytical psychology&mdash;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 &ldquo;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.&rdquo; Thus man approaches the beasts, and the animal
kingdom is nearly joined with the vegetable, and so on down
to the lowest and &ldquo;most inorganical parts of matter.&rdquo; 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 &ldquo;the neighbourhood of the bodies that
surround us.&rdquo; 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>&mdash;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&mdash;Hume.</i>&mdash;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>&mdash;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&rsquo;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&rsquo;Homme-machine</i>) to connect man in
his original condition with the lower animals, and emphasized
(<i>L&rsquo;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&rsquo;&oelig;uvre</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&rsquo;s existence, since nature
&ldquo;could only realize the human form by combining in all imaginable
ways each of the traits which was to enter into it.&rdquo; The
formative force in this process of evolution (or &ldquo;metamorphosis&rdquo;)
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&mdash;Leibnitz.</i>&mdash;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 &ldquo;inanimate&rdquo; objects, whose essential activity
is confused representation, up to the highest organized being&mdash;man&mdash;with
his clear intelligence.<a name="fa11c" id="fa11c" href="#ft11c"><span class="sp">11</span></a> Turning now to Leibnitz&rsquo;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&rsquo;analogique au sentiment et
à l&rsquo;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&rsquo;s notion of time and space, which
approaches Kant&rsquo;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&mdash;which have always existed as preformations (in the case
of animals as <i>animaux spermatiques</i>)&mdash;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&rsquo;s theory.<a name="fa12c" id="fa12c" href="#ft12c"><span class="sp">12</span></a></p>

<p><i>Lessing.</i>&mdash;Of Leibnitz&rsquo;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>&mdash;Herder, on the other hand, Lessing&rsquo;s contemporary,
treated the subject of man&rsquo;s development in a thoroughly
naturalistic spirit. In his I<i>deen zur Philosophie der Geschichte</i>,
Herder adopts Leibnitz&rsquo;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, &amp;c.  Man&rsquo;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>&mdash;Kant&rsquo;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>&mdash;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&rsquo;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&mdash;theoretic, practical and aesthetical activity.
Schelling&rsquo;s later theosophic speculations do not specially concern
us here.</p>

<p><i>Followers of Schelling.</i>&mdash;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&rsquo;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&rsquo;s idea is
to be found in H.C. Oersted&rsquo;s work entitled <i>The Soul in Nature</i>
(Eng. trans.). Of later works based on Schelling&rsquo;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>&mdash;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. &ldquo;This process (W. Wallace remarks) knows
nothing of the distinctions between past and future, because it
implies an eternal present.&rdquo; 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&mdash;(1) the mechanical
moment, or matter devoid of individuality; (2) the physical
moment, or matter which has particularized itself in bodies&mdash;the
solar system; and (3) the organic moment, or organic beings,
beginning with the geological organism&mdash;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&rsquo;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&rsquo;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&rsquo;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&rsquo;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&rsquo;s
Naturphilosophie</i> seeks to develop Hegel&rsquo;s idea of an earth-organism
in the light of modern science, recognizing in crystallization
the morphological element.</p>

<p><i>Schopenhauer.</i>&mdash;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&rsquo;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&rsquo;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 &ldquo;Platonic ideas.&rdquo; As Ludwig
Noiré observes, Schopenhauer has no feeling for the problem
of the origin of organic beings. He says Lamarck&rsquo;s original
animal is something metaphysical, not physical, namely, the
will to live. &ldquo;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,&mdash;yet not
as something physical in time, but as something metaphysical
out of time.&rdquo;</p>

<p><i>Von Baer.</i>&mdash;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
&ldquo;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.&rdquo; Von
Baer thus prepared the way for Herbert Spencer&rsquo;s generalization
of the law of organic evolution as the law of all evolution.</p>

<p><i>Comte.</i>&mdash;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>&mdash;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 &ldquo;evolution&rdquo;
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&rsquo;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>&ldquo;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.&rdquo; (<i>Exercitatio</i> 51.)</p>
</div>

<p>Harvey proceeds to contrast this view with that of the
&ldquo;Medici,&rdquo; or followers of Hippocrates and Galen, who, &ldquo;badly
philosophizing,&rdquo; 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, &ldquo;alias post alias
natas,&rdquo; 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&rsquo;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&rsquo;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 &ldquo;development&rdquo;
or &ldquo;evolution&rdquo; of the germ into the visible bird. Thus
an organized individual (<i>tout organisé</i>) &ldquo;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&rdquo;;
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>;
&ldquo;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.&rdquo;<a name="fa22c" id="fa22c" href="#ft22c"><span class="sp">22</span></a></p>

<p>&ldquo;Evolution&rdquo; and &ldquo;development&rdquo; are, for Bonnet, synonymous
terms; and since by &ldquo;evolution&rdquo; 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&rsquo;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 &ldquo;emboîtement,&rdquo;
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 &ldquo;germ&rdquo; need not be
an actual miniature of the organism, but that it may be
merely an &ldquo;original preformation&rdquo; 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
&ldquo;particula genitalis&rdquo; of Aristotle, or the &ldquo;primordium vegetale&rdquo;
or &ldquo;ovum&rdquo; of Harvey; and the &ldquo;evolution&rdquo; of such a germ
would not be distinguishable from &ldquo;epigenesis.&rdquo;</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&rsquo;s later views, though probably he would not
have gone all lengths in the direction of &ldquo;emboîtement.&rdquo; In
a well-known note to Charles Leopold Laurillard&rsquo;s <i>Éloge</i>, prefixed
to the last edition of the <i>Ossemens fossiles</i>, the &ldquo;radical de l&rsquo;être&rdquo;
is much the same thing as Aristotle&rsquo;s &ldquo;particula genitalis&rdquo; and
Harvey&rsquo;s &ldquo;ovum.&rdquo;<a name="fa25c" id="fa25c" href="#ft25c"><span class="sp">25</span></a></p>

<p>Bonnet&rsquo;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>&ldquo;Ceux qui ont cru que le c&oelig;ur étoit le premier formé, se sont
trompés; ceux qui disent que c&rsquo;est le sang se trompent aussi: tout
est formé en même temps. Si l&rsquo;on ne consulte que l&rsquo;observation, le
poulet se voit dans l&rsquo;&oelig;uf avant qu&rsquo;il ait été couvé.&rdquo;<a name="fa26c" id="fa26c" href="#ft26c"><span class="sp">26</span></a></p>

<p>&ldquo;J&rsquo;ai ouvert une grande quantité d&rsquo;&oelig;ufs à differens temps avant
et après l&rsquo;incubation, et je me suis convaincu par mes yeux que le
poulet existe en entier dans le milieu de la cicatrule au moment
qu&rsquo;il sort du corps de la poule.&rdquo;<a name="fa27c" id="fa27c" href="#ft27c"><span class="sp">27</span></a></p>
</div>

<p>The &ldquo;moule intérieur&rdquo; of Buffon is the aggregate of elementary
parts which constitute the individual, and is thus the
equivalent of Bonnet&rsquo;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 &ldquo;molécules
organiques&rdquo; 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&rsquo;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 &ldquo;Medici&rdquo; whom Harvey condemns.
The &ldquo;molécules organiques&rdquo; are physical equivalents of Leibnitz&rsquo;s
&ldquo;monads.&rdquo;</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 &ldquo;evolution&rdquo; and &ldquo;development&rdquo; 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 &ldquo;development,&rdquo; &ldquo;Entwickelung,&rdquo; and &ldquo;evolutio&rdquo;
are now indiscriminately used for the series of genetic changes
exhibited by living beings, by writers who would emphatically
deny that &ldquo;development&rdquo; or &ldquo;Entwickelung&rdquo; or &ldquo;evolutio,&rdquo;
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&mdash;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>&mdash;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:&mdash;</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:&mdash;</p>

<div class="condensed">
<p>&ldquo;Et tant s&rsquo;en faut que je veuille que l&rsquo;on croie toutes les choses
que j&rsquo;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&rsquo;ait été créé au commencement avec autant de perfection
qu&rsquo;il en a; en sorte que le soleil, la terre, la lune, et les
étoiles ont été dès lors; et que la terre n&rsquo;a pas eu seulement en soi
les semences des plantes, mais que les plantes même en ont couvert
une partie; et qu&rsquo;Adam et Ève n&rsquo;ont pas été créés enfans mais en
âge d&rsquo;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&rsquo;il a fait a eu dès le commencement
toute la perfection qu&rsquo;il devoit avoir. Mais néanmoins, comme on
connoîtroit beaucoup mieux quelle a été la nature d&rsquo;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&rsquo;il n&rsquo;a pas été produit en cette façon)
que si nous la décrivions seulement comme il est, ou bien comme
nous croyons qu&rsquo;il a été créé. Et parceque je pense avoir trouvé des
principes qui sont tels, je tâcherai ici de les expliquer.&rdquo;<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&rsquo;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&mdash;</p>

<div class="condensed">
<p>&ldquo;Naturae leges et regulae, secundum quas omnia fiunt et ex unis
formis in alias mutantur, sunt ubique et semper eadem.&rdquo;<a name="fa31c" id="fa31c" href="#ft31c"><span class="sp">31</span></a></p>
</div>

<p>Leibnitz&rsquo;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&mdash;</p>

<div class="condensed">
<p>&ldquo;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.&rdquo;</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&rsquo;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&rsquo;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&mdash;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 &ldquo;biology&rdquo; 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&rsquo;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> &ldquo;nearly five-and-thirty
years ago,&rdquo; 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:&mdash;</p>

<div class="condensed">
<p>&ldquo;685. Quoique mon unique objet dans cet article n&rsquo;ait été que
de traiter de la cause physique de l&rsquo;entretien de la vie des êtres
organiques, malgré cela j&rsquo;ai osé avancer en débutant, que l&rsquo;existence
de ces êtres étonnants n&rsquo;appartiennent nullement à la nature; que
tout ce qu&rsquo;on peut entendre par le mot <i>nature</i>, ne pouvoit donner
la vie, c&rsquo;est-à-dire, que toutes les qualités de la matière, jointes à
toutes les circonstances possibles, et même à l&rsquo;activité répandue
dans l&rsquo;univers, ne pouvaient point produire un être muni du mouvement
organique, capable de reproduire son semblable, et sujet à
la mort.</p>

<p>&ldquo;686. Tous les individus de cette nature, qui existent, proviennent
d&rsquo;individus semblables qui tous ensemble constituent l&rsquo;espèce
entière. Or, je crois qu&rsquo;il est aussi impossible à l&rsquo;homme de connoître
la cause physique du premier individu de chaque espèce, que
d&rsquo;assigner aussi physiquement la cause de l&rsquo;existence de la matière ou
de l&rsquo;univers entier. C&rsquo;est au moins ce que le résultat de mes connaissances
et de mes réflexions me portent à penser. S&rsquo;il existe
beaucoup de variétés produites par l&rsquo;effet des circonstances, ces
variétés ne dénaturent point les espèces; mais on se trompe, sans
doute souvent, en indiquant comme espèce, ce qui n&rsquo;est que variété;
et alors je sens que cette erreur peut tirer à conséquence dans les
raisonnements que l&rsquo;on fait sur cette matière.&rdquo;<a name="fa34c" id="fa34c" href="#ft34c"><span class="sp">34</span></a></p>
</div>

<p>The first three volumes of Treviranus&rsquo;s Biologie, which contains
his general views of evolution, appeared between 1802 and 1805.
The <i>Recherches sur l&rsquo;organisation des corps vivants</i>, which sketches
out Lamarck&rsquo;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&rsquo;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:&mdash;<a name="fa39c" id="fa39c" href="#ft39c"><span class="sp">39</span></a></p>

<div class="condensed">
<p>&ldquo;Il n&rsquo;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&rsquo;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&rsquo;est ainsi que parcequ&rsquo;il nous en manque d&rsquo;autres qui en sont plus
voisines et que nous n&rsquo;avons pas encore recueillies.</p>

<p>&ldquo;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&rsquo;ils forment une série rameuse, irrégulièrement graduée et qui
n&rsquo;a point de discontinuité dans ses parties, ou qui, du moins, n&rsquo;en
a toujours pas eu, s&rsquo;il est vrai que, par suite de quelques espèces
perdues, il s&rsquo;en trouve quelque part. Il en résulte que les <i>espèces</i>
qui terminent chaque rameau de la série générale tiennent, au moins
d&rsquo;un côté, à d&rsquo;autres espèces voisines qui se nuancent avec elles.
Voilà ce que l&rsquo;état bien connu des choses me met maintenant à
portée de démontrer. Je n&rsquo;ai besoin d&rsquo;aucune hypothèse ni d&rsquo;aucune
supposition pour cela: j&rsquo;en atteste tous les naturalistes observateurs.&rdquo;</p>
</div>

<p>3. In a remarkable essay<a name="fa40c" id="fa40c" href="#ft40c"><span class="sp">40</span></a> Meckel remarks:&mdash;</p>

<div class="condensed">
<p>&ldquo;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.&rdquo;</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:&mdash;</p>

<div class="condensed">
<p>&ldquo;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.&rdquo;&mdash;<i>Op.
cit.</i> pp. 4, 5.</p>
</div>

<p>If Meckel&rsquo;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&rsquo;s time, as this. In its original
form, the doctrine of &ldquo;arrest of development,&rdquo; 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&rsquo;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&mdash;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&rsquo;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 &ldquo;natural selection&rdquo; 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 &ldquo;specific centres,&rdquo;
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&rsquo;s work of making &ldquo;new
species&rdquo; 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>&mdash;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&rsquo;s theory of natural selection, and second,
because of Darwin&rsquo;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 &ldquo;Evolution of the Individual.&rdquo; 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&mdash;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 &ldquo;missing links,&rdquo; 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&rsquo;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 &ldquo;selection-values&rdquo; 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
&ldquo;causes.&rdquo; 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&rsquo;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
&ldquo;phylogenetic limitation of variation.&rdquo; 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>&mdash;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&rsquo;s
Life and Letters</i>; H. de Vries, <i>Species and Varieties and their Origin
by Mutation</i>; Eimer, <i>Organic Evolution</i>; Gulick, &ldquo;Divergent
Evolution through Cumulative Segregation,&rdquo; <i>Jour. Linn. Soc.</i> xx.;
Haacke, <i>Schöpfung des Menschen</i>; Mitchell, &ldquo;Valuation of Zoological
Characters,&rdquo; <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 &ldquo;General Subject.&rdquo;</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&rsquo;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&rsquo;s and Aristotle&rsquo;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&rsquo;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&rsquo;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&rsquo;s position in relation to the modern doctrine of evolution
see F. von Bärenbach&rsquo;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 &ldquo;a
hazardous fancy of the reason.&rdquo; Yet, as Strauss and others have
shown, Kant&rsquo;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> &ldquo;Cependant, pour revenir aux formes ordinaires ou aux âmes
matérielles, cette durée qu&rsquo;il leur faut attribuer, à la place de celle
qu&rsquo;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&rsquo;y a point de tel passage; et c&rsquo;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&rsquo;ont fait admettre plus aisément, que
l&rsquo;animal, et toute autre substance organisée ne commence point
lorsque nous le croyons, et que sa génération apparente n&rsquo;est qu&rsquo;un
développement et une espèce d&rsquo;augmentation. Aussi ai-je remarqué
que l&rsquo;auteur de la <i>Recherche de la vérité</i>, M. Regis, M. Harts&oelig;ker,
et d&rsquo;autres habiles hommes n&rsquo;ont pas été fort éloignés de ce sentiment.&rdquo;
Leibnitz, <i>Système nouveau de la nature</i> (1695). The doctrine
of &ldquo;Emboîtement&rdquo; 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> &ldquo;Il est vrai que la pensée la plus raisonnable et la plus conforme
à l&rsquo;expérience sur cette question très difficile de la formation du
f&oelig;tus; c&rsquo;est que les enfans sont déjà presque tout formés avant
même l&rsquo;action par laquelle ils sont conçus; et que leurs mères ne
font que leur donner l&rsquo;accroissement ordinaire dans le temps de la
grossesse.&rdquo; <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 &ldquo;évolution naturelle&rdquo;; and which, making allowance for his
peculiar views of the nature of generation, bears no small resemblance
to what is understood by &ldquo;evolution&rdquo; at the present day:&mdash;</p>

<p>&ldquo;Si la volonté divine a créé par un seul Acte l&rsquo;Universalité des
êtres, d&rsquo;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>&ldquo;Abuserois-je de la liberté de conjectures si je disois, que les
Plantes et les Animaux qui existent aujourd&rsquo;hui sont parvenus par
une sorte d&rsquo;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>&ldquo;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&rsquo;existence. Ils étoient probablement alors bien
différens de ce qu&rsquo;ils sont aujourd&rsquo;hui. Ils l&rsquo;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.&rdquo;</p>

<p><a name="ft24c" id="ft24c" href="#fa24c"><span class="fn">24</span></a> &ldquo;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.&rdquo;&mdash;Palingénésie philosophique</i>, part. x. chap. ii.</p>

<p><a name="ft25c" id="ft25c" href="#fa25c"><span class="fn">25</span></a> &ldquo;M. Cuvier considérant que tous les êtres organisés sont dérivés
de parens, et ne voyant dans la nature aucune force capable de
produire l&rsquo;organisation, croyait à la pré-existence des germes; non
pas à la pré-existence d&rsquo;un être tout formé, puisqu&rsquo;il est bien évident
que ce n&rsquo;est que par des développemens successifs que l&rsquo;être acquiert
sa forme; mais, si l&rsquo;on peut s&rsquo;exprimer ainsi, à la pré-existence du
radical de l&rsquo;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.&rdquo;&mdash;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:&mdash;&ldquo;L&rsquo;idée de ramener l&rsquo;explication de
tous les phénomènes à des principes mécaniques est assurément
grande et belle, ce pas est le plus hardi qu&rsquo;on peut faire en philosophie,
et c&rsquo;est Descartes qui l&rsquo;a fait.&rdquo;&mdash;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&rsquo;être; ou les essais de la nature qui apprend à faire l&rsquo;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&rsquo;s mature views. It
would be interesting to know what brought about the change of
opinion manifested in the <i>Recherches sur l&rsquo;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 &ldquo;Historical Sketch&rdquo; 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> &ldquo;Il s&rsquo;agit donc de prouver que la série qui constitute l&rsquo;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.&rdquo;&mdash;<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> &ldquo;Entwurf einer Darstellung der zwischen dem Embryozustände
der höheren Thiere und dem per manenten der niederen stattfindenden
Parallele,&rdquo; <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&rsquo;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&rsquo;s sister, wife of Simon de Montfort-l&rsquo;Amaury (d. 1087)
to the house of the lords of Montfort-l&rsquo;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&rsquo;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&rsquo;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&rsquo;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&rsquo;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, &ldquo;the great
shipwreck-year in Germany,&rdquo; as he has called it, he was invited
back to Göttingen on honourable terms&mdash;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
&ldquo;his unrighteous war with Austria and his ruination of religion
and morality,&rdquo; to Napoleon III. in his way of &ldquo;picking out the
best time possible for robbery and plunder.&rdquo; For this offence
he was sentenced to undergo three weeks&rsquo; 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,&mdash;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, &ldquo;the second founder of the
science of the Hebrew language.&rdquo; 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&rsquo; 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&rsquo;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,&mdash;those
of Moses, David and Ezra. The periods are externally
indicated by the successive names by which the chosen people
were called&mdash;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&rsquo;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:&mdash;<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&rsquo;s übersetzt u. erklärt</i> (1826; 3rd ed., 1866); <i>Kritische
Grammatik der hebr. Sprache</i> (1827)&mdash;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&rsquo; 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:&mdash;<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&rsquo;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&rsquo;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&rsquo; 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&rsquo;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&rsquo;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&rsquo;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&rsquo;s Död</i> (Balder&rsquo;s Death),
and in 1779 the finest of his works, the lyrical drama <i>Fiskerne</i>
(The Fishers), which contains the Danish National Song, &ldquo;King
Christian stood by the high Mast,&rdquo; 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&rsquo;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&rsquo;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 &ldquo;The Fishers,&rdquo; 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&rsquo;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">E&#7810;E<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>E&#7811;e-me</i>, &ldquo;Land
of the E&#7811;e.&rdquo; The E&#7811;e 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 E&#7811;e-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 &ldquo;Stonewall&rdquo; Jackson, to whom he was next in rank. At Cross
Keys he was in command of the forces which defeated General
Frémont. Ewell&rsquo;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 &ldquo;Stonewall&rdquo;
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&rsquo;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&rsquo;s corps leading the advance of Lee&rsquo;s army. A
federal force was skilfully cut off and destroyed near Winchester,
Va., and Ewell&rsquo;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&rsquo;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&rsquo;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&rsquo;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&mdash;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&rsquo;s Magazine</i>, which her mother started in 1866. <i>The
Land of Lost Toys</i> and many other of Juliana&rsquo;s stories appeared
in this magazine. In 1867 she married Major Alexander Ewing,
himself an author, and the composer of the well-known hymn
&ldquo;Jerusalem the Golden.&rdquo; 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&rsquo;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&rsquo;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&rsquo;s Wash</i>, <i>Master Fritz</i>, <i>Our Garden</i>, <i>A
Soldier&rsquo;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&rsquo;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&rsquo;s attack, opposing in able speeches the withdrawal
of deposits and Secretary Woodbury&rsquo;s &ldquo;Specie Circular&rdquo;
of 1836. In March 1841 he became secretary of the treasury in
President W.H. Harrison&rsquo;s cabinet. When, however, after
President Tyler&rsquo;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&rsquo;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&rsquo;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&rsquo;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 &ldquo;examination&rdquo; (<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>&mdash;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,
&ldquo;Competitive Examinations in China&rdquo; (<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&rsquo;
study, and after from six to eight years&rsquo; 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&mdash;a private examination which
was the real test, and a public one of a ceremonial character
(<i>conventus</i>). The candidate first took an &ldquo;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.&rdquo; 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 &ldquo;licence to teach&rdquo; 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 &ldquo;permission
to teach&rdquo; 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 &ldquo;Responsions&rdquo; 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 &ldquo;determination&rdquo; (see Rashdall
i. 443 et seq.), and as bachelor was then permitted to give
&ldquo;cursory&rdquo; 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&rsquo;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&rsquo;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 &ldquo;in a peculiarly solemn disputation
known as his &lsquo;Vespers,&rsquo;&rdquo; then gave his formal inaugural
lecture or disputation before the faculty, and was received into
the faculty as master. This last process was called &ldquo;inception.&rdquo;</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&rsquo;s alertness,
his power of comprehending new ideas, and his ability quickly
and surely to assimilate them to his own, and that &ldquo;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.&rdquo; 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 &ldquo;less of a farce than the pass
examinations of Oxford and Cambridge almost within the
memory of persons now living.&rdquo; 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 &ldquo;huddling for a degree&rdquo; (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 &ldquo;whether Adam had a navel.&rdquo;</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>, &amp;c. , pp. 20-31) the first
twenty-four candidates were also selected by a preliminary test;
they were then divided further into &ldquo;wranglers&rdquo; (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 &ldquo;an old
bachilour,&rdquo; 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
&ldquo;abject state,&rdquo; 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&rsquo;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 &ldquo;Moderations&rdquo;
examination was instituted between the preliminary examination
called &ldquo;Responsions&rdquo; 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&rsquo;s degree at Oxford tended from an early period to
be postponed to an advanced stage of studies, while the requirements
for the master&rsquo;s degree diminished until, in 1807, the
examination for the M.A. was abolished. It is now awarded to
bachelors of three years&rsquo; standing on payment of a fee.</p>

<p>Cambridge in early times followed the example of Oxford,
and here also the bachelor&rsquo;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 &ldquo;established the reputation of Cambridge as a School
of Mathematical Science.&rdquo; 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 &ldquo;Previous Examination&rdquo;
(commonly called &ldquo;Little-go&rdquo;), which corresponds to Oxford
&ldquo;Responsions&rdquo; or &ldquo;Smalls&rdquo; and the triposes and examinations
for the &ldquo;Poll&rdquo; 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 &ldquo;senior wrangler&rdquo;
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&rsquo;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 &ldquo;external examiners&rdquo; for &ldquo;external students,&rdquo; together
with &ldquo;internal examinations&rdquo; for &ldquo;internal students,&rdquo; 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
&ldquo;internal&rdquo; and &ldquo;external&rdquo; students by &ldquo;external&rdquo; 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&rsquo;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&rsquo;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 &ldquo;seem to be merely secondary and are tending to become
so more and more&rdquo;; &ldquo;scientific productiveness is so sharply
emphasized among the conditions for admission that it overshadows
all the rest&rdquo; (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 &ldquo;disputation&rdquo; 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 &ldquo;<i>doctorat d&rsquo;Université</i>,&rdquo;
awarded on a thesis and an oral examination; and there are
diplomas (<i>Diplômes d&rsquo;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>&mdash;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, &amp;c. ) for primary teachers.</p>

<p>(<i>b</i>) <i>Medicine.</i>&mdash;See <span class="sc"><a href="#artlinks">Medical Education.</a></span></p>

<p>(<i>c</i>) <i>Other Professions.</i>&mdash;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&rsquo; Company), surveying
(Surveyors&rsquo; Institution), veterinary medicine (Royal College of
Veterinary Surgeons), technical subjects, <i>e.g.</i> cotton-spinning,
dyeing, motor-manufacture (City &amp; 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>&mdash;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
&ldquo;school-leaving examinations&rdquo; 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 &ldquo;Joint
Board.&rdquo; 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&rsquo; 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&rsquo;
Conference, the Association of Head-Masters, the
Association of Head-Mistresses, the College of Preceptors, the
Private Schools&rsquo; 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, &amp;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 &ldquo;accrediting&rdquo; 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>&mdash;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 &ldquo;essay-papers&rdquo; 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&rsquo;s knowledge;
(ii.) questions requiring long answers, intended to test its depth,
and the candidate&rsquo;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&rsquo;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.&mdash;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> &emsp; 9 years.<br /><br /></p>
 <p>Candidates who have not attended the 9 years&rsquo; 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,
    &amp;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.&mdash;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&rsquo;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&rsquo;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 &ldquo;second cycle&rdquo; 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.:&mdash;</p>
      <p> &emsp; (1) Latin-Greek.</p>
      <p> &emsp; (2) Latin-modern languages.</p>
      <p> &emsp; (3) Latin-science.</p>
      <p> &emsp; (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):&mdash;</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.:&mdash;</p>

  <p> &emsp; (1) Philosophy.</p>
      <p> &emsp; (2) Mathematics.</p>

  <p>The nature of the examination may be indicated by the following
    requirements in Branch (I):&mdash;</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 &ldquo;jury&rdquo;) 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.&mdash;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 &ldquo;Leaving Certificate Examination&rdquo; 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&rsquo;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.&mdash;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>&mdash;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 &ldquo;higher
    school examination&rdquo; 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:&mdash;</p>

  <p>(1) English.</p>

  <p>(2) Elementary mathematics.</p>

  <p>(3) Latin, or elementary mechanics, or elementary physics&mdash;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:&mdash;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&mdash;heat, light and
    sound, elementary physics&mdash;electricity and magnetism, elementary
    biology&mdash;botany, elementary biology&mdash;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&rsquo;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&rsquo;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&rsquo;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>&mdash;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&rsquo;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&rsquo;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, &amp;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>&mdash;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>&mdash;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 &ldquo;class,&rdquo; and various degrees of merit are
indicated by the symbols &alpha;, &beta;, &gamma;, &delta;, to which the signs + or &minus;
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 &ldquo;The Statistics of Examinations&rdquo; and the
&ldquo;Element of Chance in Competitive Examinations&rdquo; (<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:&mdash;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 &ldquo;classes,&rdquo; 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&rsquo;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 &ldquo;general impression.&rdquo; 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 &ldquo;frequency-curve,&rdquo; 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 &ldquo;non-workers&rdquo; and of
&ldquo;workers.&rdquo; 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>&mdash;In order to estimate the efficiency of an examination
as a test, the precise question should be asked in each case&mdash;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&mdash;the test of technical and professional capacity; it
has never been proposed to abolish qualifying examinations for
doctors, pharmaceutical chemists, &amp;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 &ldquo;knowledge-test,&rdquo; 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 &ldquo;general culture,&rdquo;
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 &ldquo;knowledge&rdquo; 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 &ldquo;skill in the manipulation of facts which is
the true sign of a trained intelligence&rdquo; (cf. K. Pearson, &ldquo;The
Function of Science in the Modern State,&rdquo; <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&mdash;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&rsquo;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&mdash;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&mdash;[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 &ldquo;school-leaving&rdquo;
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
&ldquo;underselling&rdquo; (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&rsquo;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 &ldquo;inspection&rdquo; 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 &ldquo;external examinations,&rdquo; teachers cannot be trusted
to be impartial and it is better for a boy to &ldquo;cram&rdquo; 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>&mdash;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, &ldquo;A New Method of awarding
Scholarships,&rdquo; <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&rsquo;enseignement supérieur en Angleterre et en
Écosse</i> (1870); H. Denifle, <i>Die Universitäten des Mittelalters bis
1400</i> (Berlin, 1885); F.Y. Edgeworth, &ldquo;The Statistics of Examinations,&rdquo;
and &ldquo;The Element of Chance in Competitive Examinations,&rdquo;
<i>Journal of the Statistical Society</i>, 1888 and 1890 respectively;
H.W. Eve, Lecture &ldquo;On Marking,&rdquo; 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, &ldquo;The Proposed Admission of Girls to the University
Local Examination,&rdquo; <i>Education Miscellanies</i> (1865), vol. x.; W.
Garnett, &ldquo;The Representation of certain Examination Results,&rdquo;
<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, &ldquo;Universities, Schools and Examinations&rdquo;
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 &ldquo;All Sorts and Conditions of Men&rdquo; (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&rsquo;enseignement secondaire</i>, Delalain frères, Paris; Hastings
Rashdall, <i>The Universities of Europe in the Middle Ages</i> (Oxford, 1895);
Rein&rsquo;s <i>Encyklopädisches Handbuch der Pädagogik</i> (2nd ed., 1902, &amp;c. ),
articles &ldquo;Prüfungen&rdquo; (by F. Paulsen), &amp;c. ; Third Report of the
Royal Commissioners on Scientific Instructions, 1873; J.E. Thorold
Rogers, <i>Education in Oxford</i> (1861); M.E. Sadler, &ldquo;Memorandum
on the Leaving Examinations ... in the Secondary Schools of
Prussia,&rdquo; in Report of Royal Commission on Secondary Education,
vol. v. p. 27 (1895); C.A. Schmid, <i>Geschichte der Erziehung</i> (Stuttgart,
1884, &amp;c. ), and <i>Encyklopädie des gesammten Erziehungs- und
Unterrichtswesens</i> (2nd ed., 1876-87), articles &ldquo;Prüfung,&rdquo; &ldquo;Schulprüfungen,&rdquo;
&ldquo;Versetzungsprüfungen,&rdquo; &amp;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 &ldquo;Universities and
Examinations&rdquo; 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 &ldquo;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&rdquo; (<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">&#7956;&#958;&#945;&#961;&#967;&#959;&#962;</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: &ldquo;Exarchists&rdquo;
and &ldquo;Patriarchists.&rdquo;</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">&#954;&#940;&#956;&#946;&#949;&#953;&#957;</span> or <span class="grk" title="kamptein">&#954;&#940;&#956;&#960;&#964;&#949;&#953;&#957;</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 &ldquo;his excellency&rdquo; (<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 &ldquo;your excellency,&rdquo;
&ldquo;your dignity&rdquo; (<i>vestra dignitas</i>), &ldquo;your sublimity&rdquo; (<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 &ldquo;excellency&rdquo; was definitively superseded in the
case of sovereigns of the highest rank, about the beginning of the
15th century, by those of &ldquo;highness&rdquo; and &ldquo;grace,&rdquo; and later by
&ldquo;majesty,&rdquo; 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 &ldquo;excellencies&rdquo; 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 &ldquo;eminence&rdquo; (<i>q.v.</i>) to the cardinals, led the
Italian princes to adopt the style of &ldquo;highness&rdquo; (<i>altezza</i>) instead
of &ldquo;excellency.&rdquo; 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 &ldquo;excellency,&rdquo; 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 &ldquo;high excellency.&rdquo;
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 &ldquo;esquire&rdquo; or the address of &ldquo;sir,&rdquo; 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, &amp;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, &amp;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 &ldquo;cartels&rdquo; (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 &ldquo;labour exchanges&rdquo;
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&rsquo;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&rsquo;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&rsquo;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&mdash;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>&frasl;<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>&frasl;<span class="suu">8</span>, or, to be exact, $486<span class="spp">2</span>&frasl;<span class="suu">3</span>,
and when cable payments between London and New York are
quoted at 4.86<span class="spp">5</span>&frasl;<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,
&amp;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>&frasl;<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, &amp;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&rsquo; sight or 90 days&rsquo; 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>&frasl;<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&rsquo; sight and sells the bill
at 4.83<span class="spp">5</span>&frasl;<span class="suu">8</span>, the cable rate being 4.87¾, the buyer of a three months&rsquo;
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>&frasl;<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>&frasl;<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&mdash;altogether,
4<span class="spp">1</span>&frasl;<span class="suu">8</span>%; and, as the money is loaned at 5%, there
appears to be <span class="spp">7</span>&frasl;<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>&frasl;<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, &amp;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&rsquo; 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&rsquo; sight drafts on Y, who pays the 60
days&rsquo; 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:&mdash;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
&ldquo;honesty is the best policy&rdquo; 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:&mdash;</p>

<p class="pt2 center"><i>Foreign Exchanges.</i></p>

<table class="ws f90" summary="Contents">
<tr><td class="tcc allb">&nbsp;</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>&frasl;<span class="suu">8</span> p.c.</td> <td class="tcc rb">2½-<span class="spp">5</span>&frasl;<span class="suu">8</span> p.c.</td> <td class="tcc rb">2½-<span class="spp">5</span>&frasl;<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>&frasl;<span class="suu">8</span> p.c.</td> <td class="tcc rb">3<span class="spp">7</span>&frasl;<span class="suu">8</span> p.c.</td> <td class="tcc rb">3<span class="spp">7</span>&frasl;<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>&frasl;<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">&rdquo;</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">&rdquo;</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>&frasl;<span class="suu">16</span>d.</td> <td class="tcc rb">2s. 1<span class="spp">1</span>&frasl;<span class="suu">16</span>d.</td> <td class="tcc rb">2s. 1<span class="spp">1</span>&frasl;<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>&frasl;<span class="suu">8</span>d.</td> <td class="tcc rb">2s. 10<span class="spp">5</span>&frasl;<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>&frasl;<span class="suu">16</span>d.</td> <td class="tcc rb">2s. 4<span class="spp">1</span>&frasl;<span class="suu">16</span>d.</td> <td class="tcc rb">2s. 4<span class="spp">1</span>&frasl;<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>&frasl;<span class="suu">8</span>d.</td> <td class="tcc rb">2s. 0<span class="spp">3</span>&frasl;<span class="suu">8</span>d.</td> <td class="tcc rb">2s. 0<span class="spp">3</span>&frasl;<span class="suu">8</span>d.</td></tr>
<tr><td class="tcl lb rb">*Rio de Jan&rsquo;ro, 90 days</td> <td class="tcc rb">16<span class="spp">9</span>&frasl;<span class="suu">16</span>d.</td> <td class="tcc rb">16<span class="spp">9</span>&frasl;<span class="suu">16</span>d.</td> <td class="tcc rb">16<span class="spp">17</span>&frasl;<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>&frasl;<span class="suu">8</span>d.</td> <td class="tcc rb">14<span class="spp">3</span>&frasl;<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>&frasl;<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&rsquo;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>&mdash;<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 &ldquo;exchequer&rdquo; 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 &ldquo;abacus&rdquo; 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 &ldquo;the tallies&rdquo; 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&rsquo;s great financial minister Roger, bishop of
Salisbury. Nigel is said to have reconstituted the exchequer after
the troubles of Stephen&rsquo;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 &ldquo;diet&rdquo;) seems to have been
limited at first to the actual sitting of the king&rsquo;s court for financial
purposes. The Michaelmas and Easter exchequers were the
sessions of this court &ldquo;at the exchequer&rdquo; or chess-board as it
had previously sat &ldquo;at the tallies.&rdquo; 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 &ldquo;barons&rdquo; 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&rsquo;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&rsquo;s right sat, in Henry II.&rsquo;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&rsquo;s left. The chancellor&rsquo;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&rsquo;s roll.
The constable&rsquo;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&rsquo;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&rsquo;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 &ldquo;pesour&rdquo; 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&rsquo;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&rsquo;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&rsquo;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&rsquo;s military
tenants, tallages of the crown lands, customs of ports, and special
&ldquo;gifts,&rdquo; 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 &ldquo;scale&rdquo;
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 &ldquo;estreats&rdquo;
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&rsquo;s and lord treasurer&rsquo;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&rsquo;s remembrancer was more
particularly concerned with the casual, and the lord treasurer&rsquo;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&rsquo;s writs to the treasurer and barons, and the drawing up of
all particulars of account, lay with the king&rsquo;s remembrancer, and
he retained the corresponding vouchers. The lord treasurer&rsquo;s
remembrancer exacted the &ldquo;remanets&rdquo; 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 &ldquo;exannual roll&rdquo; was established in which the
&ldquo;desperate debts&rdquo; 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 &ldquo;foreign accounts,&rdquo; 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
&ldquo;honours&rdquo;; payments out of the treasury itself would only
appear on the receipt and issue rolls, and the &ldquo;spending departments&rdquo;
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 &ldquo;foreign accounts&rdquo; by making the
great wardrobe (the storekeeping department), the butler,
purveyors, keepers of horses or of the stud, the clerk of the
&ldquo;hamper&rdquo; 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&rsquo; accounts were expedited
by the further simplification of the great roll, and by
appointing a special officer, the &ldquo;foreign apposer,&rdquo; to take the
account of the &ldquo;green wax,&rdquo; 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, &amp;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&rsquo;s
remembrancer, and enrolled separately by the treasurer&rsquo;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 &ldquo;declared&rdquo; 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&rsquo;s and lord treasurer&rsquo;s
remembrancers, and finally by the clerk of the pipe, to secure
the levying of any &ldquo;remanets&rdquo; or &ldquo;supers&rdquo; 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 &amp; 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&rsquo;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 &amp; 4
William IV. cap. 99, removed the sheriff&rsquo;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 &ldquo;His Majesty&rsquo;s Exchequer.&rdquo;
It may also be described with statutory authority as &ldquo;The
Account of the Consolidated Fund of Great Britain and Ireland.&rdquo;
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 &ldquo;Local Taxation Accounts,&rdquo;
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&mdash;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&rsquo;s omitted) illustrate this
point:&mdash;</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">&minus; 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">&minus; 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">&minus;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">&minus;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">&minus; 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">£&minus;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">&minus;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">&minus;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">£&minus;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">&minus;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">&minus;&emsp;3</td></tr>
<tr><td class="tcc lb rb">1893-1894</td> <td class="tcr rb">&minus;<i>170</i></td> <td class="tcr rb">&minus;<i>265</i></td> <td class="tcr rb">&minus; 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">+&emsp;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">£&minus;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 &ldquo;pricking the list
of sheriffs,&rdquo; 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 &ldquo;lord
ordinary in exchequer causes,&rdquo; 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 &ldquo;The King&rsquo;s and the Lord
Treasurer&rsquo;s Remembrancer in Exchequer,&rdquo; while his office in the
historic Parliament Square is styled &ldquo;Exchequer Chambers.&rdquo;</p>
<div class="author">(S. E. S.-R.)</div>

<div class="condensed">
<p><span class="sc">Bibliography.</span>&mdash;For the early exchequer Thomas Madox&rsquo;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&rsquo;s Roll, printed by the Record Commission (London, 1833
and 1844), and H. Hall&rsquo;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&rsquo;s <i>Court Life under the Plantagenets</i> (London,
1901), and a careful study in Dr Parow&rsquo;s thesis, <i>Compotus Vicecomitis</i>
(Berlin, 1906). For the 13th and 14th centuries H. Hall&rsquo;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&rsquo;s <i>Practice of the Exchequer Court</i>, written
about <span class="scs">A.D.</span> 1600 (London, 1658); Christopher Vernon&rsquo;s <i>The Exchequer
Opened</i> (London, 1661), or Sir Geoffrey Gilbert&rsquo;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&rsquo;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&rsquo;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>,&mdash;<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 &ldquo;excise is the most easy
and indifferent levy that can be laid upon the people,&rdquo; adds on
his own authority that &ldquo;from its first original to the present time
its very name has been odious to the people of England&rdquo; (book i.
cap. 8, tenth edition, 1786); while the definition of &ldquo;excise&rdquo;
gravely inserted by Dr Johnson in the <i>Dictionary</i>, at the imminent
risk of subjecting the eminent author to a prosecution for libel&mdash;viz.
&ldquo;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&rdquo;&mdash;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 &ldquo;proof
spirit&rdquo; 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 &ldquo;proof spirit&rdquo; 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 &ldquo;warehouse,&rdquo; 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&mdash;(<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,
&amp;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&rsquo;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">&#967;&#949;&#961;&#957;&#943;&#946;&#969;&#957; &#949;&#7988;&#961;&#947;&#949;&#963;&#952;&#945;&#953;</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>&#7717;erem</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>&mdash;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">&#7936;&#957;&#940;&#952;&#949;&#956;&#945;</span>(1 Cor. xvi. 22, Gal. i. 8-9, Rom. ix. 3), is the
Septuagint rendering of the Hebrew <i>&#7717;erem</i>. The word means
&ldquo;set apart&rdquo; (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 &ldquo;devoted&rdquo; things; according to v. 28 &ldquo;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.&rdquo; 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 &ldquo;magistrates and judges&rdquo; among
their ecclesiastico-civil functions have the right of pronouncing
sentence whether it be unto death, or to &ldquo;rooting out,&rdquo; or to
confiscation of goods, or to imprisonment (Ezra vii. 26). There
is also a lighter form of excommunication which &ldquo;devotes&rdquo;
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>&#7717;erem</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&rsquo;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 (&ldquo;Whosoever killeth you,&rdquo; &amp;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.
&ldquo;Forty&rdquo; is probably a round number without historical value,
but the circumstance recorded by this tradition and confirmed
by the evangelist&rsquo;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>&mdash;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 &ldquo;delivered
unto Satan for the destruction of the flesh that the spirit may be
saved in the day of the Lord Jesus.&rdquo; 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 (&ldquo;Hymenaeus and Alexander whom I delivered unto Satan
that they might be taught not to blaspheme&rdquo;) 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>&mdash;The writings of the church
Fathers give sufficient evidence that two degrees of excommunication,
the <span class="grk" title="aphorismos">&#7936;&#966;&#959;&#961;&#953;&#963;&#956;&#972;&#962;</span> and the <span class="grk" title="aphorismos pantelês">&#7936;&#966;&#959;&#961;&#953;&#963;&#956;&#8056;&#962; &#960;&#945;&#957;&#964;&#949;&#955;&#942;&#962;</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 &ldquo;service of the catechumens,&rdquo;
was the usual punishment of comparatively light offences;
the latter, which was the penalty for graver scandals, involved
&ldquo;exclusion from all church privileges,&rdquo;&mdash;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">&#960;&#945;&#957;&#964;&#949;&#955;&#942;&#962;</span> in the sense of being irrevocable. Difference of
opinion as to the absolutely &ldquo;irremissible&rdquo; 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 &ldquo;medicinal&rdquo; in its character. It is noteworthy
that the word <span class="grk" title="anathema">&#7936;&#957;&#940;&#952;&#949;&#956;&#945;</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">&#960;&#945;&#961;&#945;&#948;&#959;&#8166;&#957;&#945;&#953; &#964;&#8183; &#931;&#945;&#964;&#945;&#957;&#8119;</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&rsquo;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&mdash;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 &ldquo;bell, book and candle&rdquo; is comparatively
late (<i>c.</i> 1190).</p>

<p>5. <i>Modem Survivals in Existing Christian Churches.</i>&mdash;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 &ldquo;excommunication, together with all proceedings following
thereupon, shall in all cases, save those hereafter to be specified,
be discontinued.&rdquo; 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 &ldquo;any ecclesiastical court from
pronouncing or declaring persons to be excommunicate on
definite sentences pronounced as spiritual censures for offences
of ecclesiastical cognizance.&rdquo; 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 &ldquo;Discipline of
the Church; its Principal Use in Censure and Excommunication.&rdquo;
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. &ldquo;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&rdquo; (<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&mdash;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:&mdash;&ldquo;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.&rdquo; 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&rsquo;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. &ldquo;(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.&rdquo; 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: &ldquo;that
there should be Synods, which have <i>potestatem juridicam</i> is
nowhere proved in Scripture because it is not a truth&rdquo; (<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&rsquo; 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 &ldquo;Points of Difference&rdquo;
(<i>i.e.</i> from the established Anglicanism) submitted to James I.
sets forth: &ldquo;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.&rdquo; The
<i>Cambridge Platform</i> of 1648 by which the New England churches
defined their practice, devotes ch. xiv. to &ldquo;excommunication and
other censures.&rdquo; It follows in the main the line of Hooker and
Calvin, but adds (§ 6) an important definition: &ldquo;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.&rdquo;
The Savoy Declaration of 1658 defines the theory and practice
of the older English Nonconformist churches in the section on
the &ldquo;Institution of Churches and the Order appointed in them
by Jesus Christ&rdquo; (xix.). The important article is as follows:&mdash;&ldquo;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.&rdquo;</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 &ldquo;secretion,&rdquo; 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, &amp;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&rsquo;s officers under a &ldquo;writ of
execution&rdquo; (the enforcement of a judgment on a debtor&rsquo;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&mdash;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&rsquo;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>&mdash;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.&mdash;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 &ldquo;the
putting-in&rdquo; of an execution. The seizure should be carried out
with all possible despatch. The sheriff or his officer must not break
open the debtor&rsquo;s house in effecting a seizure, for &ldquo;a man&rsquo;s house
is his castle&rdquo; (<i>Semayne&rsquo;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&rsquo;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, &amp;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 &ldquo;interpleader.&rdquo; 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&rsquo;s
fees and expenses, become the property of the execution creditor
to the extent of his claim. The Bankruptcy Act 1890 (53 &amp; 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
&amp; 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
&amp; 33 Vict. c. 62]; Bankruptcy Act 1883 [46 &amp; 47 Vict. c. 52],
ss. 53, 103). Imprisonment for debt has been abolished within
similar limits in Scotland (Debtors [Scotland] Act 1880 [43 &amp; 44
Vict. c. 34] and Ireland, Debtors [Ireland] Act 1872, 35 &amp; 36
Vict. c. 57). There may still be imprisonment in England, under
the writ&mdash;rarely used in practice&mdash;<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>&mdash;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&rsquo;s
lands, and by the Bankruptcy Act 1883 the writ no longer extends
to the debtor&rsquo;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&rsquo;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 &ldquo;tenant to the elegit.&rdquo; 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&rsquo;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&rsquo;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>&mdash;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>&mdash;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 &ldquo;sequester&rdquo;
the rents and profits until the judgment has been obeyed (R.S.C.,
O. xliii. r. 6).</p>

<p><i>Equitable Execution.</i>&mdash;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&rsquo;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>&mdash;A judgment creditor may &ldquo;attach&rdquo; 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>&mdash;In the county courts the chief modes of execution
are &ldquo;warrant of execution in the nature of a writ of <i>fieri facias</i>&rdquo;;
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>&mdash;The principal modes of execution or &ldquo;diligence&rdquo; 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 &ldquo;diligence,&rdquo; as it does
not bind the goods, is analogous to the French <i>saisie-arrêt</i>, and
to the obsolete practice in the mayor&rsquo;s court of London known as
&ldquo;foreign attachment&rdquo; (see Glyn and Jackson, <i>Mayor&rsquo;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&rsquo;s
goods; (vi.) sequestration, <i>e.g.</i> of tenant&rsquo;s effects under a landlord&rsquo;s
hypothec for rent; (vii.) action of adjudication, by which a debtor&rsquo;s
&ldquo;heritable&rdquo; (<i>i.e.</i> real) estate is transferred to his judgment creditor
in satisfaction of his debt or security therefor. In Scots law
&ldquo;multiplepoinding&rdquo; is the equivalent of &ldquo;interpleader.&rdquo;</p>

<p><span class="sc">Ireland.</span>&mdash;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>&mdash;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&rsquo;
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>&mdash;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 &ldquo;homestead laws&rdquo;
(<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>&mdash;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&rsquo;s profession, to the value of 300 francs,
workmen&rsquo;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, &amp;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>&mdash;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&rsquo;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>&mdash;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> &ldquo;Execution,&rdquo; in <i>Ruling Cases</i> (London and Boston,
1897); Bouvier, <i>Law Dict.</i>, ed. Rawle (1897), <i>s.v.</i> &ldquo;Execution.&rdquo;</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 &ldquo;according to the tenor.&rdquo; The estate of an
executor vests in him from the date of the testator&rsquo;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&rsquo;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&rsquo;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 &ldquo;the executor&rsquo;s
year&rdquo;), 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 &ldquo;rely upon skilled persons in matters in which he cannot be
expected to be experienced,&rdquo; <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>&mdash;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&rsquo;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>&mdash;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">&#7952;&#958;</span>, out, and <span class="grk" title="hedra">&#7957;&#948;&#961;&#945;</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&rsquo;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 &ldquo;abominable assassination&rdquo;; 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&rsquo;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&rsquo;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&rsquo;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&rsquo;s favour. He was Richard&rsquo;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&rsquo;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&rsquo;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&rsquo;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&rsquo;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&rsquo;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&rsquo;s &ldquo;lord of Burghley.&rdquo;</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&rsquo;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 &amp; 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&rsquo;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&rsquo;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>&mdash;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&mdash;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&rsquo; 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&rsquo;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> (&ldquo;Historic Towns&rdquo;
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 &amp; 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 &ldquo;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.&rdquo; 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, &amp;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&rsquo;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&rsquo;s text, are:&mdash;in
Chr. Grein&rsquo;s <i>Bibliothek der A.S. Poesie</i> (vol. iii. part 1, ed.
R. Wülker, Leipzig, 1897, with a bibliography), J. Schipper in
Pfeiffer&rsquo;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 &ldquo;the riches of his glorious kingdom, and the honour
of his excellent majesty, many days, even a hundred and fourscore
days.&rdquo; The locale of this function was Shushan, the
palace and the exhibits consisted of &ldquo;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.&rdquo; 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:&mdash;&ldquo;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.&rdquo; 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&mdash;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&mdash;this latter was held in
the Palais d&rsquo;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&rsquo;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&mdash;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,
&amp;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&rsquo;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&mdash;the largest number that had visited any exhibition
up to that date&mdash;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&mdash;exhibitor,
journalist or official&mdash;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&rsquo;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 &ldquo;bons,&rdquo; 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 &ldquo;side-shows,&rdquo; 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&rsquo;Industrie, the Invalides and the Quai d&rsquo;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 &ldquo;side-shows,&rdquo; 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&rsquo;s Court between
1887 and 1891. The first of the series was that of the United
States&mdash;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&rsquo;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 &ldquo;side-shows,&rdquo;
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&rsquo;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&rsquo;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
&ldquo;bons,&rdquo; 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 &ldquo;side-shows&rdquo;
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 &ldquo;bons&rdquo; 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 &ldquo;side-shows&rdquo; 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&rsquo;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&rsquo;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 &ldquo;collaborateurs,&rdquo; 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 &ldquo;exhibition,&rdquo; 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 &ldquo;maintenance&rdquo; or
&ldquo;endowment&rdquo; (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, &ldquo;Chief or Prince of the
Captivity.&rdquo; The Jews of Babylonia, after the fall of the first
temple, were termed by Jeremiah and Ezekiel the people of the
&ldquo;Exile.&rdquo; 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 &ldquo;the splendour of the office was
renewed and its political position made secure&rdquo; (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&rsquo;s
nephew succeeded to the office jointly with a R. Samuel. The
latter, according to Petahiah, had a learned daughter who
&ldquo;gave instruction, through a window, remaining in the house
while the disciples were below, unable to see her.&rdquo;</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&rsquo;Israeli&rsquo;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>, &amp;c. ; the connexion with <i>solum</i>, soil, country is now
generally considered wrong), banishment from one&rsquo;s native
country by the compulsion of authority. In a general sense
exile is applied to prolonged absence from one&rsquo;s country either
through force of circumstances or when undergone voluntarily.
Among the Greeks, in the Homeric age, banishment (<span class="grk" title="phugê">&#966;&#965;&#947;&#942;</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">&#960;&#959;&#953;&#957;&#942;</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&mdash;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> &ldquo;shelter&rdquo; 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 &ldquo;the marks of
a pure society, which the criminal would defile by his further
use of them.&rdquo; Subsequently (probably at the time of the
Gracchi) it became a recognized legal penalty, practically
equivalent to &ldquo;exile,&rdquo; 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): &ldquo;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.&rdquo; 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&mdash;<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 &ldquo;such rogues as are dangerous to the
inferior people.&rdquo; 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>&mdash;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&rsquo;s <i>Dict. of Greek and
Roman Antiquities</i> (3rd ed., 1890) and Daremberg and Saglio&rsquo;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&rsquo; imprisonment, powerful
influences secured Exili&rsquo;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&rsquo;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 &ldquo;Carleton&rdquo;&mdash;whose
command had devolved upon him during the progress of the
battle&mdash;from imminent danger, but enabled her to take a
prominent part in sinking two of the enemy&rsquo;s ships. For his
services on this occasion he obtained a lieutenant&rsquo;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
&ldquo;Pelican,&rdquo; he attacked three French privateers inside the
Île de Batz, and compelled them to run themselves on shore&mdash;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 &ldquo;Nymphe,&rdquo; 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 &ldquo;La Cléopâtre,&rdquo; a vessel of equal strength. For
this act he obtained the honour of knighthood. In 1794 he
received the command of the &ldquo;Arethusa&rdquo; (38), and in a fight
with the French frigate squadron off the Île de Batz he compelled
the &ldquo;Pomona&rdquo; (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 &ldquo;Indefatigable&rdquo;
(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 &ldquo;Dutton,&rdquo;
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
&ldquo;Impétueux&rdquo; (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&rsquo; duration,
he set on fire the arsenal and every vessel of the enemy&rsquo;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&rsquo;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&rsquo;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 &amp; 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 &ldquo;castelet,&rdquo; 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&rsquo;eleh Shemoth">&#1493;&#1488;&#1500;&#1492; &#1513;&#1502;&#1493;&#1514;</span>
(<i>We&rsquo;&#275;leh Sh&#277;m&#333;th</i>) or, more briefly, <span title="Shemoth">&#1513;&#1502;&#1493;&#1514;</span> (<i>Sh&#277;m&#333;th</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&rsquo;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.&mdash;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&rsquo;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. &ldquo;three days&rsquo; journey into the wilderness&rdquo;; 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 &ldquo;the rod of God.&rdquo; 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&rsquo;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&rsquo;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&rsquo; 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 &ldquo;by a strong hand.&rdquo;</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 &ldquo;prophet&rdquo; 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&rsquo; 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>tann&#299;n</i>), not a
serpent (<i>n&#257;h&#257;sh</i>).</p>

<p>(2) vii. 14-xi. 10. <i>The First Plagues of Egypt.</i>&mdash;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&rsquo;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&rsquo;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 &ldquo;and
Pharaoh&rsquo;s heart was heavy (<span title="kaved">&#1499;&#1489;&#1491;</span>),&rdquo; or &ldquo;and Pharaoh made heavy
(<span title="hihbid">&#1492;&#1499;&#1489;&#1497;&#1491;</span>) his heart&rdquo;; (5) the plagues do not affect the children of Israel
in Goshen. E&rsquo;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 &ldquo;the rod of God,&rdquo; 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 &ldquo;and Pharaoh&rsquo;s heart was strong (<span title="hazak">&#1495;&#1494;&#1511;</span>),&rdquo; or &ldquo;and
Yahweh made strong (<span title="hizek">&#1495;&#1497;&#1494;&#1511;</span>) Pharaoh&rsquo;s heart&rdquo; and &ldquo;he would not
let the children of Israel (or, them) go.&rdquo; In the priestly narrative
(P) the plagues assume the form of a trial of skill between Aaron,
who acts at Moses&rsquo; 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 &ldquo;Say unto Aaron&rdquo;: no demand is ever made to
Pharaoh, and the description of the plague is quite short. The
formula employed by P is &ldquo;and Pharaoh&rsquo;s heart was strong (<span title="hazak">&#1495;&#1494;&#1511;</span>),&rdquo;
or, &ldquo;and Pharaoh made strong (<span title="hizek">&#1495;&#1497;&#1494;&#1511;</span>) his heart,&rdquo; as in E, but it is
distinguished from E&rsquo;s phrase by the addition of &ldquo;and he hearkened
not unto them as Yahweh had spoken.&rdquo;</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>&mdash;This section presents the usual
phenomena of a composite narrative, viz. repetitions and inconsistencies.
Thus J&rsquo;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&rsquo;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 &ldquo;holy convocations&rdquo; and to the abstinence from labour, and is
obviously simpler and more primitive. J&rsquo;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>&mdash;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&rsquo;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&rsquo; 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&rsquo;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>&mdash;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&rsquo;s account of the
sweetening of the waters of Marah, with which has been incorporated
a fragment of E&rsquo;s story of Massah (xv. 25<i>b</i>) and a Deuteronomic
expansion in v. 26. Then follows (ch. xvi.) P&rsquo;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&rsquo;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&rsquo;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>&rsquo;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&rsquo;s desire &ldquo;to prove thee (<i>i.e.</i> test thy disposition) ...
whether thou wouldst keep his commandments, or no.&rdquo; 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 ..., &amp;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&rsquo;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&rsquo;s version of striving at Meribah, in which traces of
J&rsquo;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>&mdash;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&rsquo; 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>&mdash;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&rsquo;s account of the visit of Moses&rsquo; father-in-law (cf. the
use of Yahweh).</p>

<p>(<i>b</i>) Ch. xix.-xxiv., xxxii., xxxiv.&mdash;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&rsquo; 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 &ldquo;breaking through to gaze&rdquo; (20-22). In this account the
mountain is called &ldquo;Sinai&rdquo; throughout, and &ldquo;Yahweh&rdquo; appears
instead of &ldquo;Elohim&rdquo; (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 &ldquo;thou and Aaron with thee, and the priests: but let not the
people,&rdquo; &amp;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&rsquo;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&rsquo;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, &ldquo;and unto Moses he said,&rdquo; 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&rsquo;s horn [<span title="yovel">&#1497;&#1489;&#1500;</span>, as opposed
to <span title="shofar">&#1513;&#1508;&#1512;</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&rsquo;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&rsquo;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&rsquo; 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> (&ldquo;like unto
the first ... brakest&rdquo;), 4<i>a</i> (&ldquo;and he hewed ... the first&rdquo;) and
<i>v.</i> 28 (&ldquo;the ten words&rdquo;) 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&rsquo;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&rsquo;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 &ldquo;Book of the Covenant&rdquo; (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 &ldquo;words&rdquo;
(<span title="hadvarim">&#1492;&#1491;&#1489;&#1512;&#1497;&#1501;</span>) found in xx. 24-26, xxii. 29-31, xxiii. 1-10; (<i>b</i>) the &ldquo;judgments&rdquo;
(<span title="hamishpatim">&#1492;&#1502;&#1513;&#1508;&#1496;&#1497;&#1501;</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 &ldquo;Book of the Covenant&rdquo;; for the &ldquo;judgments,&rdquo; 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 &ldquo;and the judgments&rdquo;
(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 &ldquo;judgments&rdquo; is due.<a name="fa11h" id="fa11h" href="#ft11h"><span class="sp">11</span></a>
The majority of critics, therefore, adopt Kuenen&rsquo;s conjecture that
the &ldquo;judgments&rdquo; were originally delivered by Moses on the borders
of Moab, and that when D&rsquo;s revised version of Ex. xxi.-xxiii. was
combined with JE, the older code was placed alongside of E&rsquo;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 &ldquo;judgments,&rdquo;
<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&rsquo;s legislation, viz. the Decalogue (<i>q.v.</i>), Ex.
xx. 1-17 (= Deut. v. 6-21). At present the &ldquo;Ten Words&rdquo; stand
in the forefront of E&rsquo;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 &rsquo;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&rsquo;s Horeb legislation;
for (<i>a</i>) both J and E have preserved a different collection of laws
(or &ldquo;words&rdquo;) 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&rsquo;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&rsquo;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>&mdash;According to J (xxxii. 25-29) the
people, during the absence of Moses, &ldquo;break loose,&rdquo; <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&mdash;we miss especially a fuller account of the &ldquo;breaking
loose&rdquo;&mdash;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&rsquo; 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&rsquo; Intercession.</i>&mdash;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&rsquo;
passionate appeal finally consents to let his presence go with them.
The account of Moses&rsquo; 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 &ldquo;man shall not see me and live&rdquo;;
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&rsquo;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&rsquo;s account of Moses&rsquo;
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 &ldquo;tent of meeting&rdquo; 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&rsquo; practice
in regard to the &ldquo;tent of meeting&rdquo; 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&rsquo; 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.).&mdash;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&rsquo;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. &ldquo;<i>the</i> altar,&rdquo; 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&rsquo;s sons, though, elsewhere, the
ceremony is confined to Aaron (xxix. 7, Lev. viii. 12), cf. the title
&ldquo;anointed priest&rdquo; applied to the high priest (Lev. iv. 3, &amp;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&rsquo;s narrative is given in xxxiv. 29-35, which
describe Moses&rsquo; 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>&mdash;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 &ldquo;Exodus&rdquo; 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 &ldquo;Exodus&rdquo;
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 &ldquo;Reuel&rdquo; 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 &ldquo;Hobab, the son of Reuel the Midianite, Moses&rsquo; father-in-law&rdquo;
(Num. x. 29); the addition, &ldquo;the priest of Midian,&rdquo; only occurs
in the (secondary) passages iii. 1, xviii. 1 (E). Probably RJE
omitted the name in ii. 16 and added &ldquo;the priest of Midian&rdquo; 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 (&ldquo;sons&rdquo; 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&rsquo;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 &ldquo;and he did the signs&rdquo; 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 &ldquo;and worshipped&rdquo;
(<span title="vaishtahavu">&#1493;&#1497;&#1513;&#1514;&#1495;&#1493;&#1493;</span>) instead of &ldquo;and drank&rdquo; (<span title="vaishtu">&#1493;&#1497;&#1513;&#1514;&#1493;</span>), treating &ldquo;and ate&rdquo;
(<span title="vaiohlu">&#1493;&#1497;&#1488;&#1499;&#1500;&#1493;</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&rsquo;
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 (&ldquo;and I will
write&rdquo;) 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&rsquo;s version
was discarded by RJE in favour of E&rsquo;s, and was afterwards restored
by RD.</p>

<p><a name="ft9h" id="ft9h" href="#fa9h"><span class="fn">9</span></a> Reading &ldquo;the sacrifice of my feasts&rdquo; for &ldquo;the sacrifice of the
feast of the Passover.&rdquo;</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 &ldquo;judgment&rdquo; formed part of
the covenant, cf. Deut. v. 31. Originally the latter part of the verse
must have run, &ldquo;That I may give thee the tables of stone which I
have written, and may teach thee the law and the commandment.&rdquo;
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">&#7956;&#958;&#959;&#948;&#959;&#962;</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&rsquo;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&rsquo;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&rsquo;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 &#7716;abiri (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 S&#363;ph</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 Kad&#299;s, 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 M&#363;s&#257; or Serb&#257;l 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, &amp;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&rsquo; 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 (&ldquo;well of judgment,&rdquo;
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&rsquo; 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&rsquo;
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 S&#363;ph</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, &amp;c. , with which cf. also R.H. Charles, <i>Jubilees</i>, p.
245 seq.); art. &ldquo;Exodus&rdquo; 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 &ldquo;and there arose a
new king over Egypt which knew not Joseph.&rdquo; The interval between
Jacob&rsquo;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&rsquo;s high position at the Egyptian
court (see Cheyne, <i>Ency. Bib.</i> art. &ldquo;Joseph&rdquo;).</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, &amp;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&rsquo;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">&#7956;&#958;&#969;</span>, outside; and <span class="grk" title="gamos">&#947;&#940;&#956;&#959;&#962;</span>, marriage), the term
proposed by J.F. McLennan for the custom compelling marriage
&ldquo;out of the tribe&rdquo; (or rather &ldquo;out of the totem&rdquo;); its converse
is endogamy (<i>q.v.</i>). McLennan would find an explanation of
exogamy in the prevalence of female infanticide, which, &ldquo;rendering
women scarce, led at once to polyandry within the tribe,
and the capturing of women from without.&rdquo; 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 &ldquo;captured&rdquo; 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
&ldquo;in-and-in&rdquo; breeding, the natural strength of the impulse to
possess on the man&rsquo;s part, and the greater feeling of security
and a tendency to family life and affections on the woman&rsquo;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: &ldquo;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.&rdquo; In eastern Africa, Sir R.
Burton says: &ldquo;The Somal will not marry one of the same, or
even of a consanguineous family,&rdquo; 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 &ldquo;crests which are common to all the tribes,&rdquo;
says one writer. &ldquo;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, &amp;c.&rdquo; 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>&mdash;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">&#7952;&#958;&#959;&#961;&#954;&#943;&#950;&#949;&#953;&#957;</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, &amp;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&rsquo;s head, he repeats the form of exorcism as follows:
&ldquo;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.&rdquo;
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> &ldquo;Exorcismus&rdquo;; 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">&#7952;&#958;&#959;&#961;&#954;&#943;&#963;&#964;&#951;&#962;</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). &ldquo;When they
are ordained,&rdquo; it runs, &ldquo;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.&rdquo;
Whatever its present position, the office of exorcist
was, until comparatively recent times, by no means considered
a sinecure. &ldquo;The exorcist a terror to demons&rdquo; (Paulinus,
<i>Epist.</i> 24) survived the Reformation among Protestants, with
the belief, expressed by Firmilianus in his epistle to St Cyprian,
that &ldquo;through the exorcists, by the voice of man and the power
of God, the devil may be whipped, and burnt and tortured.&rdquo;</p>


<hr class="art" />
<p><span class="bold">EXOTIC<a name="ar74" id="ar74"></a></span> (Gr. <span class="grk" title="exôtikos">&#7952;&#958;&#969;&#964;&#953;&#954;&#972;&#962;</span>, foreign, from <span class="grk" title="exô">&#7956;&#958;&#969;</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,
&ldquo;exotic&rdquo; 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&rsquo;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). &ldquo;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&rdquo;
(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 &ldquo;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>&rdquo; (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. &ldquo;If matters
arise,&rdquo; said Justice Saunders in <i>Buckley</i> v. <i>Rice Thomas</i> (1554,
Plowden, 124 a), &ldquo;which concern other faculties, we commonly
apply for the aid of that science or faculty which it concerns.&rdquo;
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&mdash;and the same rule applies in Scotland&mdash;(<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&rsquo; 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, &amp;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
&ldquo;Beryl,&rdquo; 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 &ldquo;explode,&rdquo; <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 &ldquo;propellants&rdquo;
and &ldquo;detonators,&rdquo; 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 &ldquo;detonation.&rdquo; 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 &ldquo;endothermic,&rdquo; 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 &ldquo;endothermic&rdquo; or &ldquo;exothermic.&rdquo;
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&rsquo;s
drops, &amp;c. , or even in chilled steel. Rupert&rsquo;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, &amp;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>&mdash;The explosive mixture longest known
is undoubtedly gunpowder (<i>q.v.</i>) in some form&mdash;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>&mdash;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 &ldquo;flameless&rdquo; variety which is comparatively
safe in dusty or &ldquo;gassy&rdquo; 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, &amp;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, &amp;c. , it is generally employed without
admixture of a diluent.</p>

<p><i>Smokeless Propellants.</i>&mdash;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&mdash;a fibrous porous mass&mdash;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, &amp;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>&mdash;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, &amp;c.  The gases produced
should neither be very poisonous nor exert a corrosive action on
metals, &amp;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>&mdash;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, &amp;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>&mdash;In 1860 an act was passed in England &ldquo;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&rdquo; (23 &amp; 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 &amp; 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&rsquo;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, &amp;c. ; part iv. contains various supplementary
provisions. By order in council the term &ldquo;explosive&rdquo; 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 &ldquo;explosive&rdquo; 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, &amp;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. &ldquo;explosive substance.&rdquo; The
Merchant Shipping Act 1894 imposes restrictions on the carriage
of dangerous goods in a British or foreign vessel, &ldquo;dangerous
goods&rdquo; 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, &amp;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>&mdash;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, &amp;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&mdash;acetylides
and some nitrogen compounds, such as nitrogen chloride&mdash;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, &amp;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 &ldquo;implied.&rdquo;
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 &ldquo;express.&rdquo; The word is most frequently
used with the idea of something done with a definite purpose;
the term &ldquo;express train,&rdquo; 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 &ldquo;special,&rdquo; <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, &amp;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&rsquo;s service or abandon his enterprise,
he started an &ldquo;express&rdquo; 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 &amp;
Co., operated on the Pacific coast. The celebrated &ldquo;Pony
Express&rdquo; 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 &ldquo;express&rdquo; is applied to a rifle having high velocity,
flat trajectory and long fixed-sight ranges; and an &ldquo;express-bullet&rdquo;
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&rsquo;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, &amp;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, &amp;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&rsquo;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, &amp;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>&mdash;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, &amp;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 &ldquo;extension of time,&rdquo; 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 &ldquo;King&rdquo; in &ldquo;extension&rdquo; means the kings of England,
Italy, Spain, &amp;c.  (cf. <span class="sc"><a href="#artlinks">Denotation</a></span>), while in &ldquo;intension&rdquo; 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> &ldquo;spread-outness.&rdquo; The perception
of space by the senses of sight and touch, as opposed to semi-spatial
perceptions by smell and hearing, is that of &ldquo;continuous
expanse composed of positions separated and connected by
distances&rdquo; (Stout); to this the term &ldquo;extension&rdquo; 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&rsquo;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, &amp;c. ) has nothing to do with the
spatial perception as such, which is concerned purely with what
is known as &ldquo;local signature.&rdquo; The elementary undifferentiated
sensation excited by the stimuli exerted by a continuous whole
is known as its &ldquo;extensive quantity&rdquo; or &ldquo;extensity.&rdquo; 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 &ldquo;voluminousness,&rdquo; or &ldquo;massiveness&rdquo;)
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&rsquo;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 &ldquo;crime passionel,&rdquo;
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. &ldquo;The
ground upon which the immunity of sovereign rulers from
process in our courts,&rdquo; said Mr Justice Wills in the case of
<i>Mighell</i> v. <i>Sultan of Johore</i>, 1804, &ldquo;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,&rdquo; 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 &ldquo;foreign sovereign&rdquo; 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 &ldquo;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,&rdquo; by arresting and detaining him in custody for several
hours, &ldquo;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.&rdquo; 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 &ldquo;utterly null and void,&rdquo; 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 &ldquo;Parlement Belge&rdquo; (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 &ldquo;Jassy,&rdquo;
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 &ldquo;Alabama&rdquo; 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
&ldquo;never be appealed to for the protection of acts done in violation
of neutrality.&rdquo;</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 &ldquo;within a foreign country&rdquo; in as ample a manner
<span class="pagenum"><a name="page87" id="page87"></a>87</span>
as if it had been acquired &ldquo;by cession or conquest of territory.&rdquo;
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&rsquo;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 &ldquo;public officer&rdquo; 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&rsquo;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. &ldquo;Liquid
extracts&rdquo; are those of a syrupy consistency, and are generally
prepared by treating the drug with the solvent (water, alcohol,
&amp;c.) and concentrating the solution until it attains the desired
consistency. &ldquo;Ordinary extracts&rdquo; 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
&ldquo;lixiviation&rdquo; 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>&mdash;The Extradition Acts 1870-1873
(33 &amp; 34 Vict. cc. 62, and 36 &amp; 37 Vict. c. 60) and the Fugitive
Offenders Act 1881 (44 &amp; 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&mdash;(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>&mdash;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 &ldquo;conditions, exceptions and qualifications
as may be deemed expedient&rdquo; (s. 2); and these conditions,
&amp;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>&mdash;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:&mdash;(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>&mdash;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 &ldquo;incidental
to and form part of political disturbances.&rdquo; 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&mdash;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>&mdash;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:&mdash;(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 &amp; 25 Vict.
cc. 96, 97, 98, 99, 100, and amending and substituted acts.
Among such offences included in various extradition treaties
are the following:&mdash;(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 &amp; 37 Vict.
c. 88, s. 27):&mdash;(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>&mdash;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:&mdash;(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&rsquo;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>&mdash;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, &amp;c.  In these countries
the Fugitive Offenders Act 1881 (44 &amp; 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&rsquo;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&rsquo; 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,&mdash;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 &ldquo;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,&rdquo; 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>&mdash;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:&mdash;</p>

<div class="condensed">
<p>&ldquo;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, &amp;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.&rdquo;</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:&mdash;</p>

<div class="condensed">
<p>&ldquo;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.&rdquo;</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&mdash;when the country became insecure, and the
schools which had flourished in the towns decayed&mdash;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 &ldquo;Worship of the Lamb,&rdquo; 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,&mdash;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 &ldquo;Fount of Salvation,&rdquo; 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 &ldquo;maior quo nemo
repertus,&rdquo; 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&rsquo;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,&mdash;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 &ldquo;disciple.&rdquo; 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&rsquo;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&rsquo;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&rsquo;s merits. Numerous
altarpieces and portraits now give proof of van Eyck&rsquo;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 &ldquo;Consecration of Thomas à Becket&rdquo; 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&rsquo;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 &ldquo;Worship of
the Lamb&rdquo; 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&rsquo;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&rsquo;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 &ldquo;Virgin and Child&rdquo; of
1432 at Ince, and the &ldquo;Madonna,&rdquo; 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 &ldquo;Man with the Pinks,&rdquo; 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 &ldquo;Madonna with Saints,&rdquo; 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&rsquo;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&rsquo;s disciple, Jodocus of Ghent, hardly does honour to his
master&rsquo;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&rsquo;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>&mdash;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>&mdash;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> &emsp;&emsp; 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 &ldquo;white of the eye,&rdquo;
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,&mdash;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:&mdash;(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>&mdash;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 &ldquo;blind spot.&rdquo; 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&mdash;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>&mdash;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 &ldquo;sty&rdquo;;
(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>&mdash;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">
&alpha;, Forebrain.<br />
&beta;, Optic vesicle.<br />
&gamma;, Superficial ectoderm.<br />
&delta;, Thickening for lens.<br /></td>

<td class="tcl f90">
&beta;, Optic cup.<br />
&delta;, Invagination of lens.<br />
&emsp; Other letters as in fig. 4.
</td></tr></table>

<p class="pt2"><span class="sc">Embryology.</span>&mdash;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, &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 <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, &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 <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>&delta;, Solid lens.</p>
<p>&epsilon;, Corneal epithelium.</p>
<p> &emsp; 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>&zeta;, Choroid and Iris.</p>
<p>&eta;, Sclerotic and Cornea.</p>
<p>&theta;, Vitreous.</p>
<p>&epsilon;, Aqueous.</p>
<p>&kappa;, 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, &kappa;). 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&rsquo;s
<i>Anatomy</i>, vol. i. (1908); &ldquo;Entwickelung des Auges der Wirbeltiere,&rdquo;
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>&mdash;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&rsquo;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>&mdash;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 &ldquo;visual centres,&rdquo; 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, &amp;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&mdash;viz.
the appreciation of depth, or stereoscopic vision&mdash;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>, &amp;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>&mdash;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>&mdash;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>&mdash;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>&mdash;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>&mdash;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>&mdash;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>&mdash;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, &amp;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&rsquo;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&rsquo;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>&mdash;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>&mdash;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>&mdash;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, &amp;c. , causes a more continued hyperaemia which is often
circumscribed and less pronounced. Bad air in schools, barracks,
workhouses, &amp;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>&mdash;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.</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,
&amp;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 &ldquo;burning&rdquo; 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>&mdash;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, &amp;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&rsquo;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 &ldquo;strumous&rdquo; 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>&frasl;<span class="suu">3</span>) of all eye affections with which the surgeon has to
deal.</p>

<p><i>Granular Conjunctivitis.</i>&mdash;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&rsquo;s conjunctivitis and the so-called spring
catarrh.</p>

<p><i>Non-inflammatory Conjunctival Affections.</i>&mdash;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>&mdash;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>&mdash;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&rsquo;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&rsquo;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&rsquo;
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&rsquo;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&rsquo;s chance of
success, for his own army was intended to pin the enemy in front,
while the outlying &ldquo;masses of manoeuvre&rdquo; closed upon his
flanks and rear (see <span class="sc"><a href="#artlinks">Napoleonic Campaigns</a></span>). In this case the
vigour of the &ldquo;general advanced guard&rdquo; 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&rsquo;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&rsquo;s corps
advancing from the south-east on Mollwitten was destined for
the attack of Bennigsen&rsquo;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&rsquo;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&rsquo;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&rsquo;s right participating in the attack.
If we conceive of this first stage of the battle as the action of
the &ldquo;general advanced guard,&rdquo; 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&rsquo;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&rsquo;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&rsquo;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&rsquo;s
and other divisions had been reformed, the Guard brought up
into first line, and, above all, Davout&rsquo;s leading troops had occupied
Serpallen. Thence, with his left in touch with Napoleon&rsquo;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&rsquo;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&rsquo;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&rsquo;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&rsquo;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&mdash;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 &ldquo;as gentle and playful as
any kitten could be.&rdquo; 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&rsquo;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
&ldquo;admirably conducted,&rdquo; was that he should not be reinstated
in his office. The government, nevertheless, saw nothing in
Eyre&rsquo;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&rsquo;s College, Oxford, which,
however, he left without taking a degree. He was called to the
bar at Gray&rsquo;s Inn in 1755, and commenced practice in the lord
mayor&rsquo;s and sheriffs&rsquo; 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&mdash;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 &ldquo;eyrie&rdquo; or &ldquo;eyry&rdquo; 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">&#1497;&#1495;&#1494;&#1511;&#1488;&#1500;</span>, &ldquo;God strengthens&rdquo; or &ldquo;God is strong&rdquo;;
Sept. <span class="grk" title="Iezekiel">&#7992;&#949;&#950;&#949;&#954;&#953;&#942;&#955;</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 (&ldquo;our captivity,&rdquo; xl. 1), except in i. 1,
where the meaning of the date &ldquo;thirtieth year&rdquo; 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
&ldquo;thirtieth&rdquo; 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 &ldquo;thirtieth&rdquo; year,
he explains, is the fifth year of the captivity of Jehoiachin. The
exiles dwelt at Tell-abib (&ldquo;Hill of the flood&rdquo;), 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 &ldquo;river&rdquo; 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&rsquo;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&rsquo;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&rsquo;s love for his people
would not suffer them to perish utterly&mdash;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&rsquo;s political creed&mdash;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&rsquo;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&rsquo;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.)&mdash;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&rsquo;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 &ldquo;eating with the
blood&rdquo;<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&rsquo;s
daughter), with a daughter-in-law, and with a father&rsquo;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&mdash;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&mdash;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&rsquo;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&rsquo;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&rsquo;s writings of the grandiose
conception of Isa. xl.-lv., that Israel&rsquo;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&rsquo;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&rsquo;s administrative control as immediate:
he introduces no angels or other subordinate supernatural
agents&mdash;the cherubs and the &ldquo;men&rdquo; of ix. 2 and xl. 3 are merely
imaginative symbols or representations of divine activity. His
high conception of God&rsquo;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,&mdash;the attitude toward the ritual&mdash;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&mdash;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
&ldquo;the father of Judaism.&rdquo; 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 &ldquo;Levites&rdquo;) 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>.&mdash;The Hebrew text of the book of Ezekiel
is not in good condition&mdash;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&mdash;390 + 40&mdash;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 &ldquo;wrote&rdquo; 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&rsquo;s &ldquo;Paras&rdquo; is
our &ldquo;Persia.&rdquo; Havet&rsquo;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&rsquo;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 &ldquo;visions&rdquo; 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&mdash;a fact that seems to be hinted at in the
statement that he was &ldquo;dumb&rdquo; 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 &ldquo;chariot&rdquo;) 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 &ldquo;vision&rdquo; (i.), an elaborate symbolic picture, is of the
nature of a general preface, and was composed probably late in the
prophet&rsquo;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&rsquo;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&rsquo;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.)&mdash;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&rsquo;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&rsquo;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: &ldquo;there was a cedar
in Lebanon&rdquo;) 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&rsquo;s thought is summed up in the name of the city: <i>Yahweh
Shammah</i>, &ldquo;Yahweh is there,&rdquo; God dwelling for ever in the midst
of his people.</p>

<p><span class="sc">Literature.</span>&mdash;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, &ldquo;Text of Ezek.&rdquo;
(1899) in Haupt&rsquo;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&rsquo;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&rsquo;s <i>Kurz. Hand-Comm.</i>;
C.H. Toy (1899) in Haupt&rsquo;s <i>Sacr. Bks.</i> (Eng. ed.); R. Kraetzschmar
(1900) in W. Nowack&rsquo;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&rsquo;art</i>, &amp;c. , in which, however, the
restoration of Ezekiel&rsquo;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 &ldquo;eating on the mountains.&rdquo;</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&rsquo;s spirit, thought of as Yahweh&rsquo;s vital principle, as
man&rsquo;s spirit is man&rsquo;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 &ldquo;Great Synagogue&rdquo; is semi-mythical.</p>

<p><a name="ft6m" id="ft6m" href="#fa6m"><span class="fn">6</span></a> In viii. 17 the unintelligible expression &ldquo;they put the branch
to their nose&rdquo; is the rendering of a corrupt Hebrew text; a probable
emendation is: &ldquo;they are sending a stench to my nostrils.&rdquo;</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&rsquo;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)&mdash;certainly not Alexander the Great, who
would have been called &ldquo;king of Greece,&rdquo; 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 &ldquo;help&rdquo;), 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&rsquo;s work (2 Macc. i. 18-36). Already well known as a
scribe, Ezra&rsquo;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>.&mdash;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):&mdash;</p>

<div class="condensed">
<p>Chap. i. = 2 Chron. xxxv. 1-xxxvi. 21.&mdash;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.&mdash;The edict of Cyrus. Restoration of the
sacred vessels through Sanabassar to Jerusalem.</p>

<p>Chap. ii. 15-25 = Ezra iv. 6-24.&mdash;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.&mdash;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 &ldquo;Zerubbabel,&rdquo; 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
&ldquo;Joachim, son of Zerubbabel.&rdquo;</p>

<p>Chap. v. 7-70 = Ezra ii.-iv. 5.&mdash;List of exiles who returned with
Zerubbabel. Work on the Temple begun. Offer of the Samaritans&rsquo;
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.&mdash;Work resumed in the second
year of Darius. Correspondence between Sisinnes and Darius with
reference to the building of the Temple. Darius&rsquo; favourable decree.
Completion of the work by Zerubbabel.</p>

<p>Chap. vii. 10-15 =Ezra vi. 19-22.&mdash;Celebration of the completion
of the Temple.</p>

<p>Chap. viii. 1-ix. 36 = Ezra vii.-x.&mdash;Return of the exiles under
Ezra. Mixed marriages forbidden.</p>

<p>Chap. ix. 37-55 = Nehemiah vii. 73-viii. 12.&mdash;The reading of the
Law.</p>
</div>

<p>Thus, apart from iii. 1-v. 3, which gives an account of the
pages&rsquo; 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 &ldquo;And Josiah held the passover&rdquo;: 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.&mdash;a view that is
supported by Joseph. <i>Ant</i>. xi. 5. 5, &ldquo;who describes that feast
using an Esdras word <span class="grk" title="epanorthôsis">&#7952;&#960;&#945;&#957;&#972;&#961;&#952;&#969;&#963;&#953;&#962;</span> and ... having hitherto
followed Esdras as his authority passes on to the Book of
Nehemiah.&rdquo;</p>

<p><i>Claims to Canonicity</i>.&mdash;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&mdash;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&mdash;Clem. Alex., Origen, Eusebius, and by the Latin&mdash;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 &ldquo;dreams&rdquo;
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>&mdash;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&rsquo; <i>Bible Dictionary</i>, assume a lost Greek version of
Chronicles, Ezra and Nehemiah, from which were derived
1 Esdras&mdash;a free redaction of the former and 2 Esdras.
Thackeray claims that we have &ldquo;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.&rdquo; 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">&#7940;&#957;&#949;&#963;&#953;&#957; &#954;&#945;&#8054; &#7940;&#966;&#949;&#963;&#953;&#957;</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">&#959;&#8023;</span> ... <span class="grk" title="autou">&#945;&#8016;&#964;&#959;&#8166;</span> iii. 5; <span class="grk" title="ou">&#959;&#8023;</span> ... <span class="grk" title="ep&rsquo; autô">&#7952;&#960;&#8125; &#945;&#8016;&#964;&#8183;</span>
iv. 63 and the phrase pointed out by Fritzsche <span class="grk" title="ta dikaia poiei
apo pantôn">&#964;&#8048; &#948;&#943;&#954;&#945;&#953;&#945; &#960;&#959;&#953;&#949;&#8150; &#7936;&#960;&#8056; &#960;&#940;&#957;&#964;&#969;&#957;</span> = <span title="asa mishpat min">&#1506;&#1513;&#1492; &#1502;&#1513;&#1508;&#1496; &#1502;&#1503;</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&rsquo;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>.&mdash;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>.&mdash;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&rsquo;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>.&mdash;Exegesis: Fritzsche, <i>Exeget. Handb. zu den Apokr.</i>
(1851); Zöckler, <i>Die Apokryphen</i>, 155-161 (1891); Bissell in Lange-Schaff&rsquo;s
<i>Comm</i>. (1880); Lupton in <i>Speaker&rsquo;s Comm</i>. (1888); Ball,
notes to 1 Esdr. in the <i>Variorum Apocrypha</i>. Introduction and
critical Inquiries: Trendelenburg, &ldquo;Apocr. Esra,&rdquo; in Eichhorn&rsquo;s
<i>Allgem. Bibl. der bibl. Litt.</i> i. 178-232 (1787); Pohlmann, &ldquo;Über
das Ansehen der apokr. dritten Buchs Esras,&rdquo; in <i>Tübingen Theol.
Quartalschrift</i>, 257-275 (1859); Sir H. Howorth, &ldquo;Character and
Importance of 1 Esdras,&rdquo; in the <i>Academy</i> (1893), pp. 13, 60, 106,
174, 326, 524; and further studies entitled &ldquo;Some Unconventional
Views on the Text of the Bible,&rdquo; 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> &ldquo;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.&rdquo;&mdash;Howorth, &ldquo;Unconventional
Views on the Text of the Bible,&rdquo; 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>.&mdash;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, &amp;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">&#963;&#966;&#961;&#945;&#947;&#943;&#962;</span>) . . . <i>tradita est</i>; xi. 4 <i>caput</i> (<span class="grk" title="kephalê">&#954;&#949;&#966;&#945;&#955;&#942;</span>) ... <i>sed et ipsa</i>.
In vi. 25 we have the Greek attraction of the relative&mdash;<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 &ldquo;de quo
me interrogas de eo,&rdquo; iv. 28, and xiii. 26, &ldquo;qui per semet ipsum
liberabit&rdquo; (= <span title="asher-bo">&#1488;&#1513;&#1512;-&#1489;&#1493;</span>) = &ldquo;through whom he will deliver,&rdquo; or to
point to such a mistranslation as vii. 33, &ldquo;longanimitas congregabitur,&rdquo;
where for &ldquo;congregabitur&rdquo; (= <span title="yeasef">&#1497;&#1488;&#1505;&#1507;</span>) we require
&ldquo;evanescet,&rdquo; 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&rsquo;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">&#956;&#941;&#957;&#949;&#953; &#949;&#7984;&#962; &#964;&#8056;&#957; &#945;&#7984;&#8182;&#957;&#945;</span>, which are to be
explained as translations of <span title="(lieh) emdat la&rsquo;ad">&#1506;&#1502;&#1491;&#1514; &#1500;&#1506;&#1491; (&#1500;&#1506;</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">&#1505;&#1504;&#1492;</span> &ldquo;bush&rdquo; into <span title="sinai">&#1505;&#1497;&#1504;&#1497;</span> &ldquo;Sinai.&rdquo;</p>

<div class="condensed">
<p><i>Latin Version.</i>&mdash;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>&mdash;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&rsquo;s Latin translation
in his <i>Messias Judaeorum</i>. This translation needs revision
and correction.</p>

<p><i>Ethiopic Version.</i>&mdash;First edited and translated by Laurence,
<i>Primi Ezrae libri versio Aethiopica</i> (1820). Laurence&rsquo;s Latin
translation was corrected by Praetorius and reprinted in Hilgenfeld&rsquo;s
<i>Messias Judaeorum</i>. In 1894 Dillmann&rsquo;s text based on ten
MSS. was published&mdash;<i>V.T. Aeth. libri apocryphi</i>, v. 153-193.</p>

<p><i>Arabic Versions.</i>&mdash;The First Arabic version was translated from a
MS. in the Bodleian Library into English by Ockley (in Whiston&rsquo;s
Primitive Christianity, vol. iv. 1711). This was done into Latin
and corrected by Steiner for Hilgenfeld&rsquo;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>&mdash;First printed in the Armenian Bible (1805).
Translated into Latin by Petermann for Hilgenfeld&rsquo;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>&mdash;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>&mdash;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>&mdash;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>&mdash;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.&mdash;&ldquo;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.&rdquo; 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&rsquo;s ways are
unsearchable and past man&rsquo;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.&mdash;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: &ldquo;Lovest thou that people better than
He that made them?&rdquo; Man cannot find out God&rsquo;s judgment.
The end is at hand; its signs are recounted.</p>

<p><i>Third Vision.</i> vi. 35-ix. 25.&mdash;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&mdash;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.&mdash;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.&mdash;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.&mdash;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.&mdash;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&rsquo;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>&mdash;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&mdash;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&rsquo;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&rsquo;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&rsquo;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&rsquo;s (<i>Gesch. d. Volkes
Israel</i>[3], vii. 69-83) and De Faye&rsquo;s (<i>Apocalypses juives</i>, 155-165),
make no contribution.</p>

<p><i>School of the Author.</i>&mdash;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&mdash;&ldquo;Are there few that be saved?&rdquo;
he has no hesitation in answering, &ldquo;There be many created, but
few that be saved&rdquo; (viii. 3): &ldquo;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&rdquo; (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. &ldquo;It is much better (for the beasts of the field) than
for us; for they expect not a judgment and know not of
torments&rdquo; (vii. 66): yet &ldquo;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&rdquo;
(vii. 116, 117). In iv. 12 the nexus of life, sin and suffering just
referred to, is put still more strongly: &ldquo;It were better we had
not been at all than that we should be born and sin and suffer.&rdquo;<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): &ldquo;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,&rdquo; 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). &ldquo;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.&rdquo;</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&rsquo;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>&mdash;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>&mdash;In addition to the authorities mentioned above,
see Dillmann, Herzog&rsquo;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&rsquo; <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:
&ldquo;Blessed is he who was not born, or being born has died.&rdquo; 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>&mdash;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 &ldquo;the First and Second Ezra in one book&rdquo;; 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>B&#257;b&#257; bathr&#257;</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 &ldquo;chronicler&rdquo;) 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&rsquo;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&rsquo;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 &ldquo;king
of Persia,&rdquo; 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>&mdash;Their contents may be divided into four parts:&mdash;</p>

<p>(<i>a</i>) The events preceding the mission of Ezra (i.-vi.).&mdash;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
&ldquo;adversaries of Judah and Benjamin&rdquo; 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&rsquo;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&rsquo;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&rsquo;s hand can usually be readily recognized. There
are relatively few traces of it in Nehemiah&rsquo;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&rsquo;s mission was delayed for twelve years, and,
finally, that only through Nehemiah&rsquo;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>&mdash;The chronicler&rsquo;s account of the
destruction of Jerusalem, the seventy years&rsquo; 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 &ldquo;every man unto
his city&rdquo; 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&rsquo;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>&mdash;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&rsquo;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&rsquo;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 &ldquo;I&rdquo;
(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&rsquo;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&rsquo;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&rsquo;s renown, obviously not
from the hand of Ezra himself. Whatever the original prelude
to Ezra&rsquo;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&rsquo;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&rsquo;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 &ldquo;we&rdquo;) 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>&mdash;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&rsquo;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&rsquo;s
arrival practically the anniversary of Ezra&rsquo;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&rsquo;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&rsquo;s labours. However, both the recovery of the compilers&rsquo;
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>&mdash;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&rsquo;s important conclusions (for which see his article with
Cheyne&rsquo;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>, &ldquo;Ezra and Neh.,&rdquo; 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 (&ldquo;before
this&rdquo;), which would imply that the dedication of the walls was on
the occasion of Nehemiah&rsquo;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&rsquo;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&rsquo;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&rsquo;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&rsquo;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> &#962;, 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">&#963;&#964;</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 &Upsilon;, 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 &phi; 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>, &amp;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&rsquo;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:&mdash;<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&rsquo;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&rsquo; and architects&rsquo; 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&mdash;<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&rsquo;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&rsquo;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&rsquo;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 &ldquo;The Knights of St John,&rdquo; 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&mdash;subsequently independent&mdash;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:&mdash;&ldquo;The
Greatness of God,&rdquo; &ldquo;The Will of God,&rdquo; &ldquo;The Eternal Father,&rdquo;
&ldquo;The God of my Childhood,&rdquo; &ldquo;Jesus is God,&rdquo; &ldquo;The Pilgrims
of the Night,&rdquo; &ldquo;The Land beyond the Sea,&rdquo; &ldquo;Sweet Saviour,
bless us ere we go,&rdquo; &ldquo;I was wandering and weary,&rdquo; and &ldquo;The
Shadow of the Rock.&rdquo; 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&rsquo;Étaples] (<i>c.</i> 1455&mdash;<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&rsquo;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&rsquo;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 &ldquo;à
l&rsquo;usage du diocèse de Meaux.&rdquo; 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&rsquo;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 &ldquo;Malleus
Haereticorum,&rdquo; 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&rsquo;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>: &ldquo;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.&rdquo;
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 &ldquo;Fabian&rdquo; by A. Harnack in Herzog-Hauck&rsquo;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&mdash;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:&mdash;</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. &ldquo;The Republic&rdquo;). 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> (&ldquo;the lamb,&rdquo; from his mild disposition),
and <i>Cunctator</i> (&ldquo;the delayer,&rdquo; 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, &ldquo;Then take war.&rdquo; 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 &ldquo;masterly inactivity.&rdquo; Man&oelig;uvring
among the hills, where Hannibal&rsquo;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&mdash;to the number, it is said, of 306 patricians, with some
5000 dependents&mdash;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&rsquo;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&rsquo;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&mdash;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 &ldquo;fable&rdquo; which Dr Johnson proposes
in his <i>Life of Gay</i>: &ldquo;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.&rdquo; The description of La Fontaine, the
greatest of fabulists, is a poetic rendering of Johnson&rsquo;s definition:</p>

<table class="reg f90" summary="poem"><tr><td> <div class="poemr">
<p>&ldquo;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.&rdquo;</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&rsquo;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&rsquo;s <i>Uncle Remus</i>
and Rudyard Kipling&rsquo;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
&ldquo;friendly instruction,&rdquo; 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&rsquo;s Parables</i>, a commentary
on the <i>Dhammapada</i> or <i>Buddha&rsquo;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&rsquo;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&rsquo;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&rsquo;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&rsquo;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.">&#8001; &#956;&#8166;&#952;&#959;&#962; &#948;&#951;&#955;&#959;&#8150; &#8005;&#964;&#953;, &#954;.&#964;.&#955;.</span>
The moral inculcated is that of <i>Proverbial Philosophy</i>
and <i>Poor Richard&rsquo;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 &ldquo;make-believe,&rdquo; 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&rsquo;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&mdash;the Lion&rsquo;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&rsquo;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&rsquo;s Tale, which is an expansion of the fable <i>Don Coc et don
Werpil</i> of Marie de France; another is Lydgate&rsquo;s tale of The
Churl and the Bird.</p>

<p>Several of Odo&rsquo;s tales, like Chaucer&rsquo;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 &ldquo;an unholy
world Bible.&rdquo; 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 &ldquo;a parody of human life.&rdquo; 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&rsquo;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&rsquo;s ease of narration and artful artlessness,
while Gay took as his model the <i>Contes</i> rather than the <i>Fables</i>.
Gay&rsquo;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&rsquo;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&rsquo;s fables are read by few but schoolboys. In Spanish,
Yriarte&rsquo;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&rsquo;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 &ldquo;plays around the heart.&rdquo; 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&rsquo;s fables are &ldquo;une ample comédie
à cent actes divers.&rdquo; 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: &ldquo;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?&rdquo;</p>

<p>The fables of Lessing represent the reaction against the French
school of fabulists. &ldquo;With La Fontaine himself,&rdquo; says Lessing,
&ldquo;I have no quarrel, but against the imitators of La Fontaine I
enter my protest.&rdquo; His attention was first called to the fable
by Gellert&rsquo;s popular work published in 1746. Gellert&rsquo;s fables were
closely modelled after La Fontaine&rsquo;s, and were a vehicle for lively
railings against the fair sex, and hits at contemporary follies.
Lessing&rsquo;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 &ldquo;Fabeln,&rdquo;
published in 1759, are the outcome of his riper views. Lessing&rsquo;s
fables, like all that he wrote, display his vigorous common sense.
He has, it is true, little of La Fontaine&rsquo;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&rsquo;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:&mdash;&ldquo;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.&rdquo;</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&mdash;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&rsquo;s Ewe Lamb of Nathan.</p>

<p>Lessing&rsquo;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>&mdash;<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&rsquo;un mémoire sur
l&rsquo;origine de ce livre</i> (Paris, 1816), translated by the Rev. Wyndham
Knatchbull (Oxford, 1819); Comparetti, <i>Ricerche intorno al Libro
di Sindeb&#257;d</i> (Milan, 1869); Max Müller, &ldquo;Migration of Fables,&rdquo;
<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>, &amp;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&rsquo;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 &ldquo;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.&rdquo; 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&rsquo;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&rsquo;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&rsquo;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&rsquo;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&rsquo;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 &ldquo;It is not the will of God that thou shouldst be a
priest.&rdquo; He had now to look about for a profession, and, after
attempting medicine at Montpellier, was articled as a lawyer&rsquo;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 &ldquo;the strongest of the disciples of Balzac,&rdquo; 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&rsquo;Abbé Tigrane, candidat à la
papauté</i> (1873), by common consent the best of all Fabre&rsquo;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&rsquo;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 &ldquo;d&rsquo;Églantine&rdquo; 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&rsquo;s
<i>Misanthrope</i>, but the hero of the piece is of a different character
from the nominal prototype&mdash;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&rsquo;Harleville, whose <i>Châteaux
en Espagne</i> had gained the applause which Fabre&rsquo;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&rsquo;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&rsquo;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&rsquo;s <i>Émile</i>, was performed on the 17th of September
1794, and met with an enthusiastic reception. Among Fabre&rsquo;s
other plays are the gay and successful <i>Convalescent de qualité</i>
(1791), and <i>L&rsquo;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&rsquo;s <i>&OElig;uvres 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 &ldquo;Marco
Polo,&rdquo; 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&rsquo;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&rsquo;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&rsquo; 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> &ldquo;the one-eyed&rdquo;), 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&rsquo;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&rsquo;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&rsquo;s
library, as he afterwards said, that he found the two books,
F. Barth&rsquo;s <i>Adversaria</i> and D.G. Morhof&rsquo;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&mdash;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&rsquo;&oelig;uvre</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:&mdash;<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&rsquo;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&rsquo;s <i>Bibliotheca Entomologiae</i>; the following are the
chief:&mdash;<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&rsquo;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&rsquo;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: &ldquo;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.&rdquo; 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&rsquo;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
&ldquo;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.&rdquo; 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&rsquo;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&rsquo;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&rsquo;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&rsquo;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 &ldquo;gaderyd without understandynge,&rdquo; and
speaks of himself as &ldquo;of cunnynge full destitute.&rdquo; 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&rsquo; <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&rsquo;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&mdash;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&rsquo;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&rsquo;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&rsquo;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&rsquo;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 &ldquo;appear&rdquo;; cf. Gr. <span class="grk" title="phainein">&#966;&#945;&#943;&#957;&#949;&#953;&#957;</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 &ldquo;fashion&rdquo;), 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&rsquo;s <i>Decline and Fall</i>, ch. xl.; and J.B.
Bury&rsquo;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 &ldquo;one who
makes&rdquo;; thus in ordinary parlance, anything which goes to the
composition of anything else is termed one of its &ldquo;factors,&rdquo;
and in mathematics the term is used of those quantities which,
when multiplied together, produce a given product. In a special
sense, however&mdash;and that to which this article is devoted&mdash;&ldquo;factor&rdquo;
is the name given to a mercantile agent (of the class
known as &ldquo;general agents&rdquo;) 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&rsquo;s business of a certain class during a
limited period or till such time as his authority may be determined.
A factor&rsquo;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&rsquo;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&rsquo;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&rsquo;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 &ldquo;<i>stop in transit</i>&rdquo; 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&rsquo;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&rsquo;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>&mdash;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&rsquo;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
&ldquo;<i>apparent</i>&rdquo; or &ldquo;<i>ostensible</i>&rdquo; 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&rsquo;s actual instructions, the &ldquo;apparent&rdquo;
authority will not be greater than the actual. &ldquo;The general
principle of law,&rdquo; said Lord Blackburn in the case of <i>Cole</i> v.
<i>North-Western Bank</i>, 1875, L.R. 10, C.P. 363, &ldquo;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.&rdquo;
Under such circumstances the principal is for reasons of common
fairness precluded, or, in legal phraseology, <i>estopped</i>, from
denying his agent&rsquo;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&rsquo;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 &#8468;; 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.&rsquo;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&rsquo;s
actual or apparent authority to the same degree as by the
factor&rsquo;s contracts.</p>

<p>(<i>b</i>) <i>Under the Factors Act 1889.</i>&mdash;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
&ldquo;<i>possession vaut titre</i>&rdquo; as against the doctrine of the English
common law that &ldquo;<i>nemo dat quod non habet</i>.&rdquo; 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&rsquo;s pledge as by his factor&rsquo;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:&mdash;</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 &ldquo;document of title&rdquo; shall include any bill of
lading, dock warrant, warehouse keeper&rsquo;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&rsquo;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>&mdash;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 &ldquo;factory&rdquo; 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 &ldquo;torch&rdquo;), in astronomy,
a minute shining spot on the sun&rsquo;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, &amp;c.  In the early history of psychology the
term was applied to various mental processes considered as
causes or conditions of the mind&mdash;a treatment of &ldquo;class concepts
of mental phenomena as if they were real forces producing these
phenomena&rdquo; (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">&#948;&#973;&#957;&#945;&#956;&#953;&#962;</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 &ldquo;faculties&rdquo; 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, &ldquo;faculty&rdquo; 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, &amp;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, &ldquo;The Silken Gown,&rdquo; &ldquo;Faults on Both Sides,&rdquo; and &ldquo;The
Highland Mother,&rdquo; 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>, &ldquo;the sheep islands&rdquo;), 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, &amp;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>&mdash;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>&mdash;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, &ldquo;Om Färöarnes uppkomst,&rdquo; <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 &ldquo;fag,&rdquo; meaning &ldquo;weary&rdquo;; 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&mdash;the
maintenance of discipline among the boys themselves&mdash;is the
same. Dr Arnold of Rugby defined fagging as &ldquo;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.&rdquo; 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&rsquo;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&rsquo;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 &ldquo;master&rsquo;s&rdquo; 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 &ldquo;fag&rdquo; but once in so many weeks. At Rugby there is
&ldquo;study-fagging&rdquo;&mdash;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,&mdash;and &ldquo;night-fagging&rdquo;&mdash;running
errands for the Sixth between 8.30 and 9.30 every
evening,&mdash;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>). &ldquo;Faggot&rdquo; 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 &ldquo;dummy&rdquo; 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 &ldquo;faggot-vote,&rdquo; 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-&emsp;&emsp;), 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&rsquo;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&rsquo;histoire de l&rsquo;industrie et du commerce en
France</i> (2 vols., 1898-1900), and in 1897 he published <i>L&rsquo;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&rsquo;histoire de Paris et de l&rsquo;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-&emsp;&emsp;), 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&rsquo;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&rsquo;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 &ldquo;River of Sand&rdquo; or Gobi Desert beyond,
that home of &ldquo;evil demons and hot winds,&rdquo; which he vividly
describes,&mdash;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 &ldquo;ten thousand cubits&rdquo; from the
&ldquo;wall-like hills&rdquo; 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
&ldquo;central&rdquo; Buddhist realm,&mdash;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&rsquo;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&rsquo;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&rsquo;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&rsquo;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 &ldquo;border-land,&rdquo; India the home of Buddha being the
true &ldquo;middle kingdom&rdquo; 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, &amp;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, &amp;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&rsquo;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&rsquo;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&rsquo;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&rsquo;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&rsquo;histoire de l&rsquo;empereur Napoléon</i> (1824); <i>Manuscrit de 1812</i>
(1827); and <i>Manuscrit de l&rsquo;an iii. (1794-1795), contenant les
premières transactions de l&rsquo;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&rsquo;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 &ldquo;greater species
of market recurring at more distant intervals&rdquo;: both &ldquo;fair&rdquo;
and &ldquo;market&rdquo; (<i>q.v.</i>) have been distinguished by Lord Coke
from &ldquo;mart,&rdquo; 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 &ldquo;fair&rdquo;
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&rsquo;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 &ldquo;holy day&rdquo; associations are
preserved in the German word for fairs, <i>Messen</i>; as also in the
<i>kirmiss</i>, &ldquo;church mass,&rdquo; 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&rsquo;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&mdash;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:&mdash;</p>

<div class="condensed">
<p>&ldquo;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.&rdquo;</p>
</div>

<p>But notwithstanding the great antiquity of fairs, their charters
are comparatively modern&mdash;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 &ldquo;for the glory of God, and
the honour of St Denys at his festival.&rdquo;</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 &ldquo;free fair&rdquo; at St Giles&rsquo;s hill. The monk who had been
the king&rsquo;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
&ldquo;translation&rdquo; 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 &ldquo;free fair&rdquo; 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&rsquo;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&rsquo; decrees, and its visitors&mdash;of whom we may mention
the <i>prud&rsquo;hommes</i>,&mdash;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 &ldquo;free fairs&rdquo; 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&rsquo;s &ldquo;firm peace,&rdquo; 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 &ldquo;protection&rdquo; was regarded
<span class="pagenum"><a name="page128" id="page128"></a>128</span>
as indispensable to a nation&rsquo;s wealth, and the merchant was
compelled to &ldquo;fight his way through a wilderness of taxes,&rdquo;
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&rsquo;s fair was
open. But a more curious and complete instance of such an
ecclesiastical monopoly was that of the St Giles&rsquo;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&rsquo;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&mdash;though it was
then a thriving trading town&mdash;were forbidden to transact their
ordinary commercial business, except within the bishop&rsquo;s fair,
or with his special permission. The bishop&rsquo;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&mdash;in whose centre stood
&ldquo;the pavilion,&rdquo; or bishop&rsquo;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&mdash;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>&mdash;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 &ldquo;agencies&rdquo; 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&rsquo;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>&mdash;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>&mdash;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>&mdash;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>&mdash;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, &amp;c. , together
with immense numbers of cattle, horses, sheep and camels, are
brought to this famous fair.</p>

<p><i>American Fairs.</i>&mdash;The word &ldquo;fair,&rdquo; 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 &ldquo;sanitary fairs,&rdquo;
<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 &ldquo;New York World&rsquo;s Fair,&rdquo;
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>&mdash;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
&ldquo;market-overt&rdquo; (open market); &ldquo;it will not be binding if it carries
with it a presumption of fraudulence.&rdquo; These regulations satisfied,
the sale &ldquo;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&rsquo;s is good against all men except the king.&rdquo;
(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,
&ldquo;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,&rdquo; 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 &amp; Mary c. 7 (1555) and 31 Eliz. c. 12 (1589) no sale of a
horse was legal which had not satisfied the following conditions;&mdash;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 &ldquo;one sufficient and credible person&rdquo;;
entry of these particulars, together with a description of the animal,
and a statement of the price paid for it, in the market officer&rsquo;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 &ldquo;necessary incident&rdquo; of a fair&mdash;<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 &amp; 3 Philip &amp; 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&rsquo;s
business to test measures and weights. Tolls, again, are sometimes
held to include &ldquo;stallage&rdquo; and &ldquo;picage,&rdquo; 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
&ldquo;inspectors of provisions&rdquo; have full liberty to seize the goods and
institute proceedings against the owners. They may also enter &ldquo;at
all times of the day, with or without assistance,&rdquo; 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 &ldquo;grievous immorality.&rdquo;</p>

<p><i>The Fair Courts.</i>&mdash;The piepowder courts, the lowest but most
expeditious courts of justice in the kingdom, as Chitty calls them,
were very ancient. The Conqueror&rsquo;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> &ldquo;dusty-foot.&rdquo;<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, &ldquo;slander of wares,&rdquo; attestations, the preservation of
order, &amp;c.</p>

<p><i>Authorities.</i>&mdash;See Herbert Spencer&rsquo;s <i>Descriptive Sociology</i> (1873),
especially the columns and paragraphs on &ldquo;Distribution&rdquo;; Prescott&rsquo;s
<i>History of Mexico</i>, for descriptions of fairs under the Aztecs;
Giles Jacob&rsquo;s <i>Law Dictionary</i> (London, 1809); Joseph Chitty&rsquo;s
<i>Treatise on the Law of Commerce and Manufactures</i>, vol. ii. chap. 9
(London, 1824); Holinshed&rsquo;s and Grafton&rsquo;s <i>Chronicles</i>, for lists, &amp;c. ,
of English fairs; Meyer&rsquo;s <i>Das grosse Conversations-Lexicon</i> (1852),
under &ldquo;Messen&rdquo;; article &ldquo;Foire&rdquo; in Larousse&rsquo;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&rsquo;Culloch&rsquo;s
<i>Dictionary of Commerce</i> (1869-1871); Wharton&rsquo;s <i>History of English
Poetry</i>, pp. 185, 186 of edition of 1870 (London, Murray &amp; Son), for
a description of the Winchester Fair, &amp;c. ; a note by Professor Henry
Morley in p. 498, vol. vii. <i>Notes and Queries</i>, second series; the same
author&rsquo;s unique <i>History of the Fair of St Bartholomew</i> (London, 1859);
Wharton&rsquo;s <i>Law Lexicon</i> (Will&rsquo;s edition, London, 1876); P. Huvelin&rsquo;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&rsquo;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 &ldquo;marchand travelland&rdquo; and &ldquo;dusty
fute&rdquo; are identical.</p>
</div>


<hr class="art" />
<p><span class="bold">FAIRBAIRN, ANDREW MARTIN<a name="ar157" id="ar157"></a></span> (1838-&emsp;&emsp;), 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:&mdash;<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&rsquo;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&rsquo;s, was adopted. Another
matter which engaged much of Fairbairn&rsquo;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 &ldquo;application of
iron to defensive purposes.&rdquo; 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>





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