EVELYN, John; an ingenious cultivator of philosophy and the liberal and useful arts in England in the 17th 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 student 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 Lucretius. He made some efforts in favor of the royal cause in 1659; on which account he was much favored by Charles II, after his restoration. In 1662, he published his Sculptura, 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 publication. 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 Cider, &c. (1664, fol:); a work several times reprinted, particularly in 1776 and 1812, with the improvements of doctor Andrew Hunter. As a sequel to this treatise, he published Terra, a Philosophical Discourse of Earth, relating to the Culture and Improvement - of it for Vegetation and the Propagation of Plants (1675, folio). This also was edited by 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 rebuilding 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 favor 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 published by W. Bray, esquire, 1819, 2 vols. 4to.; and more recently his miscellaneous works have been collected and given to the public. They include treatises 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 Dictionary, or Catalogue of Hard Names and Terms of the Art Cosmetic, &c., first printed in 1690.

EVERDINGEN ; the name of a celebrated Dutch family of painters. Of these, Cæsar van Everdingen was distinguished as a portrait 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 element 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 1675.-The youngest brother, John, born 1625, was a lawyer, and painted only for his own amusement.

EVERTSEN, John, admiral of the Dutch fleet, died 1666. In his time, the naval power of the Dutch was raised to its highest point. The victories of Ruyter, Tromp and Vassenaer had made the flag

of Holland respected by all nations; and several members 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 Cornelius, likewise admiral in the service of the republic, 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 honorably 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. Aug. 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 Zealand 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 Evertsen (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 1721.

EVIDENCE, in its most general sense, means the proofs which establish, or have a tendency to establish, 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, different from those which belong to mere moral reasoning upon probabilities. In our discussions on this head, we shall confine ourselves altogether to the consideration of evidence in a legal view, and principally with reference to the existing rules of the common law, recognised in England and America. According to our system of jurisprudence in common law trials, it is the 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 fact. It follows, therefore, that evidence may be competent to be produced before a jury,, when it may, nevertheless, not amount to credible proof, so as to satisfy the minds of the jury; and, on the other hand, it may be such, as, if before them, would satisfy their minds of the truth of the fact, but yet, by the rules of law, it is not admissible. Whether there is any evidence of a fact, is a question for the court; whether it is sufficient, is a question for the jury, when the cause is tried by a jury.— Evidence is, in its nature, divisible into two sorts:-first, that which is direct and positive proof of any fact; and, secondly, that which is presumptive and circumstantial. It is again divisible, in respect to the mode or instruments of proof, into two sorts:-first, written evidence; and, secondly, unwritten or oral evidence. We are accustomed to consider that as direct and positive evidence, which is proved by some writing containing a positive statement of the facts, and binding the party whom it affects; or that which is proved by some witness, who has, and avers himself to have, positive knowledge thereof, by means of his senses. Whenever the fact is not so directly and positively established, but is deduced from other facts in evidence, it is presumptive and circumstantial only. Perhaps, in a strictly philosophical sense, much of the evidence usually denominated positive is but presumptive; for there is an admixture in it of some circumstances