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The Monothelites who appeared in the seventh century have been considered as an offshoot of the Eutychians or Monophysites, though they pretended to be quite unconnected with them. They admitted the two natures in Christ, explaining that after the union of the two into one person there was in him only one will and one operation. This was an attempt to conciliate the Monophysites with the orthodox church, and it succeeded for a time. It was approved of by many eastern prelates, and even by Pope Honorius I., in two epistles to Sergius, patriarch of Constantinople, which are found in the Acts of the Councils. But the successors of Honorius condemned the Monothelites, and Martin I., in a bull of excommunication, A.D. 649, consigned them and their patrons (meaning the Emperor Constans, who protected them) to the devil and his angels.' Constans, indignant at this, caused his exarch in Italy to arrest Martin, and send him prisoner to the Chersonesus. At last, under Constantine, who succeeded Constans, the council of Constantinople, which is the sixth ecumenical council, A. D. 680, condemned the Monothelites, and with them Pope Honorius himself. (Mosheim, The Acts of the Councils; and Bossuet, in his Defence of the Declaration of the Gallican Clergy, 1682.)

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all however comprehended under the general name of self has acknowledged in his fragmentary autobiography. Monophysites, or believers in one nature. (Assemani, Notwithstanding he was of exceedingly weak frame of de Monophysitis,' at the beginning of vol. ii. of his Biblio- body, he longed to devote himself to a military career, and theca Orientalis, and Albufarragius's arguments in favour the war then carried on between Prussia and Austria of that doctrine in the same vol., pp. 288,9.) In the sixth afforded an opportunity; but his mother would not consent century a fresh impulse was given to the Eutychian doctrine to his entering the army. Soon after, his thoughts were for by one Jacob, a monk, surnamed Baradæus, who reconciled a while diverted from such views by a very different object. the various divisions of the Monophysites throughout the He suddenly became violently enamoured with a young East, and spread their tenets through Syria, Armenia, Me- lady, a relation of his step-father's, for his mother was now sopotamia, and Egypt, found supporters among several married again, whom he has celebrated under the name of prelates (among others in the bishop of Alexandria), and Arense, and his passion for whom he has described in the died himself bishop of Edessa, A.D. 588. He was considered most glowing colours; a passion which, although hastily as the second founder of the Monophysites, who assumed conceived was lasting in its effects, and which, although the from him the name of Jacobites, under which appellation source of heartfelt bitterness to him-since Arense bethey still constitute a very numerous church, equally sepa- stowed her hand upon another-while it cast a shade of rate from the Greek, the Roman or Latin, and the Nestorian melancholy over his whole life, had a favourable influence churches. The Armenians and the Copts are Jacobites, and on his poetical talent, producing in him that depth of feelso are likewise many Syrian Christians in contradistinctioning and pathos which discovers itself in his Balders Död' to the Melchites, who belong to the Greek church. Jacobite (Death of Balder). At this period, however, poetry, at least congregations are found in Mesopotamia. authorship, formed no part of his plans. Dissatisfied with being beneath his step-father's roof, he joined with his elder brother in the scheme of entering the Prussian service as hussars. The latter returned after reaching Hamburg, but Johannes proceeded to Magdeburg, where he enlisted, but was received only as a foot-soldier. In consequence of this disappointment he deserted to the Austrians; served in Bohemia; and was at Dresden when that capital was besieged by the Prussians. On his return to Denmark he applied himself to the study of theology, with the view of settling in that profession and marrying, when his hopes of the latter were frustrated, as already noticed. He now regarded with indifference all schemes of earthly felicity; and it was in this frame of mind that he took up his pen and produced his Lykken's Temple' (The Temple of Fortune, a vision), which at once stamped his reputation. This was succeeded by his Adam and Eve,' a dramatic composition replete with poetical energy, yet in many respects defective and anomalous. Conscious of its imperfections, he devoted two years entirely to the study of poetry and the best models, in order to prepare himself for some more finished undertaking. Having made himself master of the English language, he carefully perused Shakspeare, with whom he was before acquainted only through Wieland's translation. Ossian was likewise a favourite with him, and when he again took up his pen, he composed his Rolf Krage,' a tragedy strongly tinctured with Ossianic taste. It was first given to the public in 1770; about which time he was attacked with a most painful disorder in his limbs, that continued to afflict him with little intermission during the rest of his life. Notwithstanding his severe sufferings, he not only pursued his literary occupations, but wrote his comedy of Harlequin Patriot,' a masterpiece of its kind, abounding with pleasantry and satire chiefly directed against pseudo-reformers. In the following year, 1773, he executed his literary chef-d'œuvre, Balders Död,' a drama of extraordinary poetical beauty, and greatly superior to anything of the kind that had then appeared in the Danish language. Yet although well received, its merits were not so well appreciated by its author's contemporaries as they have been since. Although it is on this and his other poetical works that his reputation chiefly rests, Evald produced several things in prose, some of which- -as his 'Forslg om Pebersvende' (Project respecting Old Bachelors), are replete with shrewd satire and strong comic humour, notwithstanding they were written when he had to contend both with allhealth and distressed circumstances. Their liveliness forms a strong contrast to the seriousness and even melancholy that pervade his other writings; in which respect he presents a parallel to the author of John Gilpin.' There is likewise another point of resemblance between Evald and Cowper; each in his affliction met with generous sympathy and succour from a female friend. What Mary Unwin was to the one, Madame Skou was to the other; and it was beneath the hospitable roof of the latter that the Danish poet breathed his last, on the 17th March, 1781, after being confined during two years to his bed or arm-chair, and almost deprived of the use of his limbs. The two poets may further be likened to each other for the high moral tone of their writings, vividness of conception, and happiness of expression.

EUXINE. [BLACK SEA.]
EVA'GORA [MEDUSA.]

EVA'GRIUS, born at Epiphania, in Syria, about the year 536, practised as an advocate at Antioch, where he acquired a brilliant reputation. He was afterwards appointed quæstor, and filled other public offices. He wrote an ecclesiastical history in six books, beginning with A.D. 431, about the period where the histories of Socrates and Theodoretus terminate, and continuing to the year 593. His work is spoken of favourably by Photius. Evagrius, though not always to be trusted implicitly, yet shows greater discrimination than Socrates; he consulted the original documents, and appears to have been tolerably impartial. He was well acquainted with profane, as well as ecclesiastical history. His work was published by Robert Estienne, and afterwards by Valois, Paris, 1679, in an improved edition founded upon two different MSS. It was published again with notes at Cambridge, 1720.

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EVALD, JOHANNES, the most distinguished poetical genius produced by Denmark in the eighteenth century, was born at Copenhagen, November 18th, 1743. His father, who was a clergyman in that city, possessed considerable theological attainments, but was prevented by ill health from acting as preceptor to his sons. Johannes, therefore, the second and most gifted of the three, was shortly before his father's death (1754) sent to Slesvig, where his tutor left him entirely to his own choice of books for his leisure reading. Among these were translations of Robinson Crusoe' and Tom Jones,' the former of which so captivated his imagination that he proposed its hero as a practical model to himself, and when no more than 13 years old, eloped with the view of making his way to Holland, and there get on board ship for Batavia; but he was overtaken, and his project frustrated. He was still, however, left as before to inflame his fancy with romantic reading and with legendary lore, including that of saints and martyrs, as well as of northern fable and mythology. In reading the classics it was the adventurous part that chiefly EVANGELIST is the Greek appellation Euangelistes engaged his attention: indeed he had at that time no relish (evayyeλorns, from ev and ayyeλog), which signified a meswhatever for the beauties of the Roman poets, as he him-senger of any good news, as in Isaiah xli. 27, of the SepP. C., No. 607, VOL. X. -O

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tuagint version. In the first ages of Christianity it was a general name of all those who, either by preaching or Vinting, announced the glad tidings' of the Christian reye ation. The learned Hooker, in his Ecclesiastical Polity, b. v. $78, says that Evangelists were presbyters whom the apostles sent forth, and used as agents in ecclesiastical affairs. They were similar to the class of ministers who in modern times are known as itinerant preachers. The deacon (subordinate minister) Philip is called an evangelist (Acts xxi. 8: see Grotius on the passage); so Ananias, Apollos, Timothy, and several others. St. Paul, in his epistle to the Ephesians (v. 11), places evangelists in the third rank of ecclesiastical officers; thus, apostles, prophets, evangelists, pastors, teachers. The use of the term is now confined to the four writers to whom the canonical gospels are attributed, Matthew, Mark, Luke, and John, and the gospels themselves are not unfrequently, though incorrectly, called the Evangelists. St. Jerome states that the symbols of the four evangelists are a man, a lion, a calf, and an ox; but St. Augustine declares them to be a lion, a man, an ox, and an eagle. (Ezekiel, i. 5-10; Rev. iv. 7.) Dr. Campbell, in his Dissertation on the Gospels' (vol. i. p. 126, &c.), gives a variety of learned and critical remarks on the word vayyeλize as the translation of the Hebrew bashar, læta annunciare, to announce good tidings. (See the word in Rose's ed. of Parkhurst's Gk. Lex. of the N T, and a list of works on the Evangelists in Watt's Bibliotheca Britannica, and Horne's Introduction to the Bible.) General histories of the four Evangelists have been written by Kirstenius, Spanheim, Mollerus, Florinus, Schroeder, &c,

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succeeded to the family estate at Wotton, where he diel, February 27, 1706, full of honour as of years. He was a diligent and successful labourer, in that age of discovery, in the subordinate departments of science; a valuable pioneer, as he used to call himself, in the service of the Royal Society. Besides this, he was a model for the character of a gentleman. A friend of the learned and the good, devoid of jealousy, pious, beneficent, intellectual, delighting in the occupations of his station, yet always ready to quit them for the public service: he was respected even by the court profligates to whom his example was a daily reproach. To the present age he is best known by his Memoirs, a journal extending nearly from his childhood to his death, which contains much curious matter relative to his travels, and to the manners and history, political and scientific, of the age. Many of his letters, and the private correspondence of Charles I. with Secretary Nicholas, and Clarendon with Sir R. Browne, are subjoined to these memoirs, which were first printed in 1818. (Kippis, Biog. Brit.; Preface and Appendix to Memoirs.)

EVERGEM, a town and commune of East Flanders, in the district of Ghent, about three miles north of the city of Ghent, in 51° 8' N. lat. and 3° 44' E. long. The canal of Sas-de-Gand, which connects Ghent with the Scheldt, passes Evergem, the little river Caele runs on the south of the town, on the south-west is the Ghent and Bruges canal, and on the west the Liève, which rises in the north-east quarter of West Flanders and joins the Bruges canal near Evergem. The population of the town is 7790; it contains establishments for cotton-printing and dyeing, breweries, distilleries, and a salt-refinery. Cotton and linen weaving give employment to many of the inhabitants. In 1832 the town contained a communal and six private schools: in the former 57 boys and 49 girls were taught, and in the latter 261 boys and 211 girls.

(Vandermaelen's Dictionnaire Géographique de la Pro vince de la Flandre Orientale.)

EVERGREENS, in horticulture, are plants which shed their old leaves in the spring or summer after the new fullage has been formed, and which consequently are verdant through all the winter season; of this nature are the holly, the laurel, the ilex, and many others. They form a cou siderable part of the shrubs commonly cultivated in gardens, and are beautiful at all seasons of the year.

EVAPORATION. [HEAT.] EVECTION. [LUNAR THEORY.] EVELYN, JOHN, author of Sylva,' Memoirs,' &c., was the second son of Richard Evelyn, Esq., of Wotton, in Surrey, and was born at that place October 31, 1620. He received his education at Lewes' free school and Baliol College, Oxford. In 1641 he went abroad, and served for a short time as a volunteer in Flanders. Instead of taking | arms in the royalist cause, as his family politics would have inclined him, he went abroad a second time in 1644, with the king's permission, and spent, with one interval, the next seven years on the continent, diligently employed in studying natural philosophy, cultivating his taste in the fine arts, and acquainting himself with such particulars of The principal circumstances in which evergreens physiomanners, trade, and manufacture as were most worthy of logically differ from other plants are the hardness of their notice. In June, 1647, he married the daughter of Sir cuticle, the thickness of the parenchyma of their leave. Richard Browne, the royalist ambassador at Paris, and in and the small number of breathing pores formed on the sur right of his wife became possessed of Sayes Court, near face of those organs. These peculiarities, taken together. Deptford, where he fixed his abode on returning to Eng- enable them to withstand heat and drought with more sucland in 1652. He lived in privacy and study till the Resto-cess than other plants, but are often not sufficient to protect ration; after which, being much esteemed by the king and of some weight by family, fortune, and character, he was often withdrawn from his retirement and engaged in many capacities in the public service. He was appointed a commissioner to take care of the sick and wounded, on the Dutch war breaking out in 1664, commissioner for the rebuilding St. Paul's, a member of the Board of Trade on its first institution, &c. He was also one of the first members of the Royal Society, and continued through life a diligent contributor to its Transactions.' His most favourite pursuits were horticulture and planting, upon which ho wrote a variety of treatises, which are collected at the end of the fifth edition (1729) of his Sylva, or a Discourse on Forest-trees and the Propagation of Timber in his Majesty's Dominions,' first published in 1664. The object of this, the best known and chief of Evelyn's works, was to encourage planting, both as a matter of national interest and of private adventure. It sold largely, and, as Evelyn himself says, had no small effect. In the same year he published the first Gardener's Almanac,' containing directions for the employment of each month. This was dedicated to Cowley, and drew forth one of his best pieces, entitled The Garden,' in acknowledgment.

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Mr. Evelyn's works on the fine arts are: Sculpture,' 1662, a history of the art of engraving, in which the first account is given of Prince Rupert's new method of mezzotinto engraving: A Parallel of Antient and Modern Architecture,' 1669: Numismata, a Discourse upon Medals,' 1697. All these, though long superseded, were much esteemed, and were in fact valuable additions to the then existing stock of literature.

By the death of his brother, in October, 1699, Mr. Evelyn

them against such influences in excess. Hence we find them comparatively uncommon in those parts of the continent o Europe where the summers are hot and dry, and most flourishing in a moist insular climate like our own. This is rendered more intelligible by a comparison of the propor tions borne by their evaporating pores, or stomates, and those of deciduous plants. As far as this subject has been investigated, it appears that their leaves are usually altogether destitute of such organs on the upper side, and that those of the lower are mostly fewer in number and much less active than in deciduous plants.

The greater part of evergreens are raised from seed: some are propagated by cuttings or layers, and the varie gated varieties by budding and grafting. The soil in which they succeed best differs with the kinds; American evergreens, such as rhododendrons, kalmias, &c., grow best in equal quantities of peat earth, sand, and vegetable mould; European sorts grow in their greatest vigour in a fresh hazelly loam, but will thrive in almost any kind of soil.

The operation of transplanting evergreens may be performed with success at almost all seasons of the year. Midsummer planting has even been recommended; it however is a work of necessity rather than propriety, because its success depends entirely upon the nature of the weather after the operation; if it be cloudy and wet for some time they may succeed; but if, on the contrary, it be hot and dry, they are sure to suffer: for this reason, if the practice may be adopted, it is not to be recommended. The com mon holly however has been.often known to succeed when planted at this season, either for hedges or as single plants. The hollies in one very remarkable case, were carefully dug up in the cool of the evening and removed to large trenches

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TREES. Andromeda arborea requires peat; grows 40 feet high in North America.

Arbutus Unedo, the common strawberry tree; of this there is a beautiful variety with deep red flowers, and another with double flowers, much less handsome than either. Acacia affinis grows without protection near Edinburgh; dealbata, lophantha, and several other New Holland species, will flourish without protection in the southern counties.

upright shoots, more hairy, and the least hardy of the three.

Ulex Europaus, the common furze; a double variety, which is particularly handsome; and U. strictus, the Irish furze, a smaller species, which does not flower abundantly. Yucca. Several species quite hardy. They only require to be grown in places where water does not stagnate in winter; Y. gloriosa, filamentosa, Draconis, flaccida, and superba, are the handsomest species.

TWINERS or CLIMBERS.

Bignonia capreolata, with dull brownish-red trumpet-shaped flowers; rather tender.

Caprifolium flexuosum, gratum, japonicum, sempervirens ; all handsome honeysuckles.

Eucalyptus verfoliata, pulverulenta, exist in the open air near Edinburgh; they and other species will thrive in the South and West of England. Ligustrum lucidum, the wax tree, a Japanese plant. Magnolia grandiflora, with many varieties; they are scarcely hardy enough to live in this country away from the shelter of a wall, except quite in the south; unpro-Vinca major and minor, the larger and smaller periwinkle; tected specimens exist, however, near Edinburgh.

SHRUBS OR BUSHES.

Andromeda. The handsomest species are A. Catesbæi, angustifolia, Mariana, which is rather tender, pulverulenta, speciosa, and floribunda. Require peat soil. Aretostaphylos Uva Ursi, a trailing plant. Ammyrsine Lyoni, a beautiful little American bush, requiring peat.

Berberis aquifolium, fascicularis, repens, Asiatica, aristata. [BERBERIS.]

Bupleurum fruticosum stands the sea-breeze well upon chalky cliffs.

Cistus, all the species. They are quite hardy if planted where wet cannot lodge in winter, and exposed to the full sun in summer.

Colletia spinosa.

Cotoneaster microphylla and rotundifolia, small bushes. Cytisus scoparius, common broom; there is a double variety; albus, the Portugal white broom.

Daphne. All handsome, the following the most so: Laureola, the spurge laurel, grows well beneath trees; pontica, with pale green fragrant flowers; and Cneorum, or Garland flower, one of the most lovely and sweetly perfumed pants in the world, but not to be cultivated except in a dry peaty soil and a well ventilated situation; late spring frosts injure it so much that it is not worth cultivating in valleys.

Duraua dependens, and some others. Erica Australis, carnea, stricta, Mediterranea, codonodes. [ERICA]

Escallonia rubra, illinita, montevidensis, handsome South American shrubs. Bees take great delight in the blossoms of the last; the second species smells very strongly of melilot.

Garrya elliptica, with long pendulous catkins of a yellowish green colour.

Genista tinctoria, the dyer's broom, with a few others. Helianthemum of all kinds, to cover rockwork, or ground where the wet does not lodge in winter. Kalmia latifolia, angustifolia, especially the first; require peat.

Lavandula spica and latifolia, common lavender. Ledum latifolium, or Labrador tea, and palustre; low bushes requiring peat.

Menziesia polifolia or Irish heath; there is a white variety. Myrtus communis, and its varieties; lives out of doors south of London.

Prunus Laurocerasus, the common laurel; lusitanica, the Portugal laurel.

Pittosporum Tobira, quite hardy south of London; sweetscented.

Rosmarinus officinalis, common rosemary. Rhododendron. Numerous varieties are to be procured; those of ponticum, maximum, and cataubiense are the most robust; hybridum obtained between the Indian and American species is less hardy; ferrugineum and hirsutum, dwarf alpine species; campanulatum, a North Indian species.

Spartium Junceum, Spanish broom; and acutifolium, a Turkish broom. Viburnum. Of the Laurustinus, one of the prettiest of all evergreens, there are three species; V. Tinus, the common Laurustinus, the hardiest; V. lucidum, with shining s, rather larger and more delicate; V. strictum, with

Jasminum revolutum and officinale, the common white jasmine.

trailers.

EVERLASTING FLOWERS. This name is popularly given to certain plants whose flowers have the property of retaining their brightness and colour for many months after being gathered. They owe this quality to a hardnes of their tissue, which has exceedingly little moisture to part with, and which, consequently, does not collapse or decay in the progress of acquiring perfect dryness. It is generally in the scales of the involucre of composite plants or in the bracts of others that this property resides. Those who wish to possess such plants will easily find the following in the gardens of this country.

Hardy annuals. Helichrysum bracteatum (yellow), Xeranthemum annuum (purple or white).

Hardy perennials. Antennaria dioica (pink), triplinervis and margaritacea (white). Ammobium alatum" (white). Gnaphalium stachas and arenarium (yellow).

Tender annuals. Rhodanthe Manglesii (red), Morna nitida (yellow), Gomphrena globosa (purple).

Greenhouse shrubs or herbaceous plants. Astelma erimium (crimson), Helichrysum argenteum (white), ericoides (pink), sesamoides, proliferum, and others (purple).

EVESHAM, a borough and market-town, having separate jurisdiction, locally situated in the hundred of Blackenhurst, in the county of Worcester, 15 miles south-east from Worcester, and 96 north-west-by-west from London. Evesham was formerly called 'Eovesham,' or 'Eovesholme,' an appellation derived from Eoves,' a swineherd of Egwin bishop of Wiccii, who was superstitiously supposed to have had an interview with the Virgin Mary on this spot. It owes its importance to an abbey that was founded here in 709, and dedicated to the Virgin.

The abbot and the convent received numerous grants of land, as well as ecclesiastical and temporal privileges from various kings and other benefactors. The last abbot but one was Clement Lichfield, who built the isolated tower, now almost the only relic of this once celebrated abbey. This tower, called the Abbot's Tower, is a beautiful speciinen of the pointed architecture of the period immediately preceding the Reformation it is supported by panelled buttresses, adorned with windows having rich oge mouldings, and surmounted by open embattled parapets and eight pinnacles. It was originally intended for a campanile, to which purpose it was converted in 1745. The tower is 110 feet in height, and is 22 feet square at the base.

A battle was fought near Evesham on the 4th of August, 1265, between Prince Edward (afterwards Edward I.) and Simon Montfort, earl of Leicester. Leicester placed King Henry III., whom he had made prisoner, in the van of Iris army, hoping that he might be killed by his son's troops. who were fighting for his release. However, the king was recognised nearly at the first onset by the prince, who rushed through the thickest of the battle to the assistance of his father, and soon placed him in safety. Leicester's defeat was complete, and he himself, as well as his son, fell in the field of battle.

The corporation claim prescriptive rights and privileges, but they were all confirmed by charter in the 3rd year of the reign of James I. They had the power of trying and executing for all capital offences, except high treason; and as late as 1740 a woman was burnt for petty treason. A court of record is held every Tuesday for the recovery of debts to 1007.; a court of session is also held for the borough on the Friday after the county quarter-sessions. The borough returned two members to parliament in the 23rd of

Edward I., and again in the reign of James I., since which time it has continued to do so. In 1831 there were 3991 inhabitants: the number registered is 359. Evesham is one of the few municipal boroughs the boundaries of which were not altered by the Reform and Municipal Corporation Acts. The town is pleasantly situated on the banks of the river Avon, over which is a stone bridge, which connects it with the parish of Bengworth, which is within the boundaries of the borough. The two principal streets are wide and clean, and the town has a cheerful appearance. The Vale of Evesham is famous for the richness of its soil; and large portions of land near the town are laid out in gardens, which supply the neighbouring towns and villages with vegetables and fruit. There are also some corn-mills, and a linseedoil mill. The market-day is Monday. Fairs are held on the 2nd of February, the Monday after Easter, Whit-Monday, and the 21st of September: the latter is famous for cattle and horses.

The borough comprises the parishes of All-Saints, St. Lawrence, and Bengworth, in the archdeaconry and diocese of Worcester. The living of All-Saints is a vicarage, which, with the curacy of St. Lawrence, is of the clear annual value of 2057. The church is said to have formed part of the abbey: it is in the later style of English architecture, and has a tower, spire, and a handsome porch. The church of St. Lawrence is now quite in ruins, and forms a beautiful specimen of the ornamented Gothic. In the south aisle is the chapel of Clement Lichfield; it is only 18 feet by 16, but is (as Tindal says) of such elegance and delicacy of construction as a verbal description would but very imperfectly convey to the reader's imagination.

There are places of worship for Baptists, Quakers, Wesleyan Methodists, and Unitarians. The free grammarschool, endowed originally by Abbot Lichfield, was refounded by Henry VIII., and again re-modelled by James I. The master receives 107. per annum from the crown, a house, and some other emoluments. At Bengworth there is a school, founded by John Deacle in 1709, for poor children of that parish. There are also several donations to the poor, and for apprenticing children.

scribes to the competency of witnesses; 2. To give a brief summary of the principal rules by which the reception of oral evidence is governed; and 3. To state the principal rules which relate to written evidence.

I. Of the competency of witnesses.-The general rule of English law upon this subject is, that all persons may be witnesses in courts of justice who have sufficient understanding to comprehend the subject of their testimony, and sufficient religious principle to ensure a right sense of the obligation of an oath to speak the truth. Thus very young children are admissible as witnesses, if they have a competent knowledge of the nature of an oath, and a religious apprehension of the consequences of falsehood. All testimony, by the law of England, must be given under the sanction of an oath; but the form of the oath is immaterial, and nothing is required beyond a persuasion upon the mind of the witness that in swearing to the truth of what he states he is appealing to a Divine Being able to punish him for falsehood.

To the general rule of the admissibility of all persons of sufficient intellect and religious belief there are several important exceptions. In the first place, a husband cannot be a witness for or against his wife, nor a wife for or against her husband; a rule which is said to arise from the identity of interest subsisting in such a connexion. However, in criminal prosecutions founded upon personal violence committed by either of these parties upon the other, such testimony is admitted upon the ground of necessity. Secondly, in actions at the common law, a party to the suit cannot be examined as a witness; but in courts of equity defendants in a cause may be made witnesses upon a special application for that purpose; and in those courts, if a plaintiff consents to be examined as a witness his evidence may be admitted. Thirdly, a person cannot be a witness who has been convicted of treason or felony, or of any offence which involves the crimen falsi (such as perjury or cheating), or which is liable to a punishment which the law considers infamous, as whipping, branding, or the pillory. This principle of exclusion, which is derived from the Roman law (Digest, lib. ii., tit. De Testibus), is now of little practical importance, as the recent statutes have enacted that a pardon in felons, or the actual endurance of the punishment in felony or misdemeanour, excepting perjury or subornation of perjury, shall have the effect of restoring the competency of the party as a witness. Fourthly, the law of England excludes the evidence of those who have a direct interest in the result of the proceedings in which they are called to testify. The indefinite state of the rule respecting the nature of the disqualifying interest has led to much perplexity in its practical application.

In the parish of Bengworth was a castle belonging to the Beauchamp family, but it was destroyed by Abbot William D'Andeville in 1169, and the site was converted into a burying-ground, for which we believe it has continued to be used down to the present day. (For a full account of the abbey and antiquities, see Tindal's History of Evesham.) EVIDENCE (Judicial). Evidence, in jurisprudence, denotes the means by which facts are ascertained for judicial purposes. The practical importance of the subject is cbvious from this definition; and it has accordingly not only attracted much attention from judicial writers, but has The principle however which is illustrated by a great formed a prominent part of the systems of jurisprudence of variety of cases, is, that, in order to disqualify a witness on most civilized countries, though the particular rules of the ground of interest, he must either be directly and immeevidence adopted have varied according to the constitution diately benefited by a result of the proceeding favourable to of the tribunal by which judicial truth is to be ascertained. the party who calls him, by exonerating himself from a Thus the Roman law, in which facts are ascertained for judi- liability to costs or to some process founded upon the decicial purposes by professional judges, contains (so far as we sion of the cause in which he is called to testify; or he must now know it) few regulations respecting evidence, the whole be in such a situation as to be able to avail himself of the subject being comprised in one short chapter of the Digest, decision of the cause, by giving it in evidence in support of which lays down several positive rules for the exclusion of his own interest in some future litigation. The first of these witnesses within prescribed degrees of consanguinity to the alternatives is, in fact, nothing more in principle than a litigant parties. In the common law of England, where part of the same proposition which excludes the parties to facts are ascertained by juries, the body of rules and re- a suit from being witnesses; for where the determination strictions denominated the law of evidence has been gra- of the suit in one way directly affects the witness in intedually established within the last two centuries. Pre- rest, he is in a certain sense a party to it, and would, in viously to that time, in the infancy of the trial by jury, fact, be testifying in his own cause. The second section of as we understand that institution, the only positive rules the rule which is peculiar to the law of England, and first respecting evidence were those which related to the two appeared in practice about fifty years ago, is of more doubtwitnesses in treason required by statutes passed in the ful expedience. It is much more exclusive in its operation reign of Edward VI. This fact of the gradual deve- than the former, and is objectionable and inconvenient in lopment of restrictions upon the admission of testimony practice by introducing into the question of the compe seems to show that, in this country at least, the tendency tency of a witness in a particular action the complicated of civilization has been to contract and not to enlarge (as and embarrassing process of considering his position in some writers have supposed) the rules of judicial evidence. every supposable litigation which may afterwards affect The accounts of our earlier judicial proceedings contained him as arising out of that action. With the view of rein the State Trials sufficiently prove that it was the prac-moving the practical difficulties arising from this objection, tice formerly to admit without scruple or question every species of testimony; whereas the present law of evidence is almost wholly composed of restrictive rules.

it was enacted by the stat. 3 & 4 Will. IV., c. 42, § 26, that if any witness shall be objected to as incompetent, on the ground that the verdict or judgment in the action on which In giving a compendious view of the principles of the it shall be proposed to examine him would be admissible in English law of evidence (which are the same at equity as evidence for or against him, such witness shall nevertheless at common law, and in criminal and civil proceedings) it is be examined; but in that case a verdict or judgment in that proposed-1. To enumerate the limitations which it pre-action in favour of the party on whose behalf he shall have

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