114 



KVK EVIDENCE. 



stance, in orJer to separate the volatile parts. It j 

 differs from distillation, its object being chiefly to ' 

 preserve the more fixed matters, while the volatile 

 substances are allowed to escape. Accordingly, the 

 vessels in which these two operations are performed, 

 are different ; evaporation being commonly made to 

 take place in open, shallow vessels, and distillation 

 in an apparatus nearly closed from the external air. 



EVE. See Adam. 



EVELYN, JOHN ; an ingenious cultivator of phi- 

 losophy and the liberal and useful arts in England in 

 the seventeenth century. He was the son of Richard 

 Evelyn, esquire, of Wotton, in Surrey, where he was 

 born, October 31, 1620. He was entered as a stu- 

 dent at Baliol college, and thence removed to the 

 Middle Temple. The civil war induced him to leave 

 England ; and he spent some years in France and 

 Italy. He returned home in 1651, and, in 1656, 

 published a poetical version of the first book of Lu- 

 cretius. He made some efforts in favour of the royal 

 cause in 1659 ; on which account he was much 

 favoured by Charles II., after his restoration. In 

 1662, he published his Soulptura, or the History and 

 Art of Chalcography, or Engraving on Copper, 8vo, 

 reprinted in 1755. On the foundation of the royal 

 society, he was nominated one of the first fellows ; 

 and at its meetings he read a discourse on forest trees, 

 which formed the basis of his most celebrated publi- 

 cation. This was Sylva, or a Discourse of Forest 

 Trees, and the Propagation of Timber in his Majesty's 

 Dominions ; to which is annexed Pomona, or an 

 Appendix concerning Fruit Trees, in relation to 

 Cyder, c. (1664, fol.) ; a work several times re- 

 printed, particularly in 1776 and 1812, with the 

 improvements of doctor Andrew Hunter. As a 

 sequel to this treatise, he published Terra, a Philoso- 

 phical Discourse of Earth, relating to the Culture 

 and Improvement of it for Vegetation and the Pro- 



Eagation of Plants (1675, folio). This also was edited 

 y doctor Hunter, in 1778. Mr Evelyn was appointed 

 one of the commissioners of the sick and wounded 

 seamen in 1664 ; and also a commissioner for rebuild- 

 ing St Paul's cathedral. When Charles II. formed a 

 board of trade, he was nominated one of the members ; 

 and on this occasion he drew up a small tract on 

 navigation and commerce. In the reign of James 

 II., he was one of the commissioners for executing 

 the office of privy seal during the absence of the earl 

 of Clarendon in Ireland. He continued in favour at 

 court after the revolution, and was made treasurer 

 of Greenwich hospital. He died February 27, 1705 

 6. The memoirs of Evelyn, comprehending an 

 interesting diary and correspondence, were pub- 

 lished by W. Bray, esquire, 1819, 2 vols. 4to ; and 

 more recently his miscellaneous works have been 

 collected and given to the public. They include trea- 

 tises on gardening, architecture, medals, &c., besides 

 a curious tract, entitled Mundus muliebris ; or the 

 Ladies' Dressing Room unlocked and her Toilette 

 spread, in Burlesque ; together with the Fop's Dic- 

 tionary, or Catalogue of Hard Names and Terms of 

 the Art Cosmetic, &c., first printed in 1690. 



EVERDINGEN ; the in me of a celebrated Dutch 

 family of painters. Of these, Csesar van Everdingen 

 was distinguished as a port rait and historical painter 

 and architect. He was born at Alcmaer 1606, died 

 1679. His younger brother, Alder van Everdingen, 

 was a celebrated landscape painter, born 1621. His 

 sea pieces, in which he represents the disturbed ele- 

 ments with great truth to nature, are particularly 

 celebrated. In forest scenes, too, he was a master. 

 He is known, also, as an able engraver, by his plates 

 to Renard the Fox. He died ic 1675. The youngest 

 brother, John, born in 1625, was a lawyer, and 

 painted only for his own amusement. 



I.VKRTSEN, JOHN, admiral of the Dutch fleet, 

 died 16(36. In his time, the naval power of the Dutch 

 was raised to its highest point. The victories of 

 Kuyter, Tromp, and Vassenaer had made the flag of 

 Holland respected by all nations ; and several mem- 

 bers of the Evertsen family, which originally belonged 

 to Zealand, all companions and pupils of those naval 

 heroes, followed worthily in the steps of their great 

 leaders. A brother of John Evertsen, named Cor- 

 nelius, likewise admiral in the service of the repub- 

 lic, died for his country at the bloody battle of July 

 15, 1666, against the English. John was at that 

 time retired from the service ; but, no sooner had he 

 received the news of his brother's death than he wrote 

 to the states-general as follows : " I wish to enter 

 again into active service, and to devote myself for 

 my country. My father, my four brothers, and my 

 son, have already fallen honourably in the cause of 

 the republic. Let me be permitted, like them, to die 

 in my country's service." The wish of the gallant 

 man was fulfilled. August 4, of the same year, he 

 lost a leg in a battle with the English, and died, a 

 few days after, of his wounds. The province of Zea- 

 land erected a splendid monument to the memory of 

 John and Cornelius, at Middleburg, where their ashes 

 are deposited with those of two others of the family, 

 afterwards laid there, viz., admiral Cornelius Evert- 

 sen (a son of John Evertsen), who died 1679, and 

 Galin Evertsen (likewise an admiral in the Dutch 

 service, and a descendant of the elder Cornelius 

 Evertsen), who died in 1721. 



EVIDENCE, in its most general sense, means tlte 

 proofs which establish, or have a tendency to estab- 

 lish, any facts or conclusions. It may be divided 

 into three sorts, mathematical, moral, and legal. 

 The first is employed in the demonstrations which 

 belong to pure mathematics ; the second is employed 

 in the general affairs of life, and in those reasonings 

 which are applied to convince the understanding, in 

 cases not admitting of strict demonstration ; the third 

 is that which is employed in judicial tribunals for the 

 purpose of deciding upon the rights and wrongs of 

 litigant parties. 



Probably in every system of jurisprudence aiming 

 at exactness, some rules are introduced, and some 

 restrictions are allowed, in respect to evidence, dif- 

 ferent from those which belong to mere moral reason- 

 ing upon probabilities. In our discussions on tiiis 

 head, we shall confine ourselves altogether to the 

 consideration of evidence in a legal view, and princi- 

 pally with reference to the existing rules of the com- 

 mon law, recognised in England. According to our 

 system of jurisprudence in common law trials, it is 

 tlie peculiar province of a jury to decide all matters 

 of fact. The verdict of the jury is, however, to be 

 given, and the trial is to be had, in the presence of a 

 judge or judges, who preside at the trial, and are 

 bound to decide matters of law, arising in the course 

 of the trial. Whenever, therefore, a question arises, 

 whether any thing offered as proof at such trial is or 

 is not proper to go before the jury as evidence, that 

 question is to be decided by the court, and, unless 

 permitted by the court, it can never legally come to 

 the consideration of the jury. Hence, whatever is 

 so permitted to be brought before the jury, for the 

 purpose of enabling them to decide any matter of 

 fact in dispute between the parties, is, in a legal 

 sense, evidence, and is so called, in contradistinction 

 to mere argument and comment. This gives rise to 

 a very important distinction, at the common law, as 

 to the competency and the credibility of evidence. It 

 is competent, when, by the principles of law. it is 

 admissible to establish any fact, or has any tendency 

 to prove it. It is credible, when, being introduced, 

 it affords satisfactory proof of the feet. It follows, 



