Page:EB1911 - Volume 09.djvu/832

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ESTON—ESTOPPEL

at Basel, Heidelberg, Vienna, Pest, everywhere but at Geneva, these journeys being undertaken partly in the hope of procuring patrons and purchasers, for the large sums which he had spent on such publications as the Thesaurus and the Plato of 1578 had almost ruined him. His press stood nearly at a standstill. A few editions of classical authors were brought out, but each successive one showed a falling off. Such value as the later ones had was chiefly due to the notes furnished by Casaubon, who in 1586 had married his daughter Florence. His last years were marked by ever-increasing infirmity of mind and temper. In 1597 he left Geneva for the last time. After visiting Montpellier, where Casaubon was now professor, he started for Paris, but was seized with sudden illness at Lyons, and died there at the end of January 1598.

Few men have ever served the cause of learning more devotedly. For over thirty years the amount which he produced, whether as printer, editor or original writer, was enormous. The productions of his press, though printed with the same beautiful type as his father’s books, are, owing to the poorness of the paper and ink, inferior to them in general beauty. The best, perhaps, from a typographical point of view, are the Poëtae Graeci principes (folio, 1566), the Plutarch (13 vols. 8vo, 1572), and the Plato (3 vols. folio, 1578). It was rather his scholarship which gave value to his editions. He was not only his own press-corrector but his own editor. Though by the latter half of the 16th century nearly all the important Greek and Latin authors that we now possess had been published, his untiring activity still found some gleanings. Eighteen first editions of Greek authors and one of a Latin author are due to his press. The most important have been already mentioned. Henri’s reputation as a scholar and editor has increased of late years. His familiarity with the Greek language has always been admitted to have been quite exceptional; but he has been accused of want of taste and judgment, of carelessness and rashness. Special censure has been passed on his Plutarch, in which he is said to have introduced conjectures of his own into the text, while pretending to have derived them from MS. authority. But a late editor, Sintenis, has shown that, though like all the other editors of his day he did not give references to his authorities, every one of his supposed conjectures can be traced to some MS. Whatever may be said as to his taste or his judgment, it seems that he was both careful and scrupulous, and that he only resorted to conjecture when authority failed him. And, whatever the merit of his conjectures, he was at any rate the first to show what conjecture could do towards restoring a hopelessly corrupt passage. The work, however, on which his fame as a scholar is most surely based is the Thesaurus Graecae linguae. After making due allowance for the fact that considerable materials for the work had been already collected by his father, and that he received considerable assistance from the German scholar Sylburg, he is still entitled to the very highest praise as the producer of a work which was of the greatest service to scholarship and which in those early days of Greek learning could have been produced by no one but a giant. Two editions of the Thesaurus were published in the 19th century—at London by Valpy (1815–1825) and at Paris by Didot (1831–1863).

It was one of Henri Estienne’s great merits that, unlike nearly all the French scholars who preceded him, he did not neglect his own language. In the Traité de la conformité du langage françois avec le Grec (published in 1565, but without date; ed. L. Feugère, 1850), French is asserted to have, among modern languages, the most affinity with Greek, the first of all languages. Deux Dialogues du nouveau françois italianizé (Geneva, 1578; ed. P. Ristelhuber, 2 vols., 1885) was directed against the fashion prevailing in the court of Catherine de’ Medici of using Italian words and forms. The Project du livre intitulé de la Précellence du langage françois (Paris, 1579; ed. E. Huguet, 1896) treats of the superiority of French to Italian. An interesting feature of the Précellence is the account of French proverbs, and, Henry III. having expressed some doubts as to the genuineness of some of them, Henri Estienne published, in 1594, Les Premices ou le I. livre des Proverbes epigrammatizez (never reprinted and very rare).

Finally, there remains the Apologie pour Hérodote, his most famous work. The ostensible object of the book is to show that the strange stories in Herodotus may be paralleled by equally strange ones of modern times. Virtually it is a bitter satire on the writer’s age, especially on the Roman Church. Put together without any method, its extreme desultoriness makes it difficult to read continuously, but the numerous stories, collected partly from various literary sources, notably from the preachers Menot and Maillard, partly from the writer’s own multifarious experience, with which it is packed, make it an interesting commentary on the manners and fashions of the time. But satire, to be effective, should be either humorous or righteously indignant, and, while such humour as there is in the Apologie is decidedly heavy, the writer’s indignation is generally forgotten in his evident relish for scandal. The style is, after all, its chief merit. Though it bears evident traces of hurry, it is, like that of all Henri Estienne’s French writings, clear, easy and vigorous, uniting the directness and sensuousness of the older writers with a suppleness and logical precision which at this time were almost new elements in French prose. An edition of the Apologie has recently been published by Liseux (ed. Ristelhuber, 2 vols., 1879), after one of the only two copies of the original uncancelled edition that are known to exist. The very remarkable political pamphlet entitled Dìscours merveilleux de la vie et actions et déportemens de Catherine de Medicis, which appeared in 1574, has been ascribed to Henri Estienne, but the evidence both internal and external is conclusive against his being the author of it. Of his Latin writings the most worthy of notice are the De Latinitate falso suspecta (1576), the Pseudo-Cicero (1577) and the Nizoliodidascalus (1578), all three written against the Ciceronians, and the Francofordiense Emporium (1574), a panegyric on the Frankfort fair (reprinted with a French translation by Liseux, 1875). He also wrote a large quantity of indifferent Latin verses, including a long poem entitled Musa monitrix Principum (Basel, 1590).

The primary authorities for an account of the Estiennes are their own works. In the garrulous and egotistical prefaces which Henri was in the habit of prefixing to his editions will be found many scattered biographical details. Twenty-seven letters from Henri to John Crato of Crafftheim (ed. F. Passow, 1830) have been printed, and there is one of Robert’s in Herminjard’s Correspondence des Réformateurs dans de pays de langue française (9 vols. published 1866–1897), while a few other contemporary references to him will be found in the same work. The secondary authorities are Janssen van Almeloveen, De vitis Stephanorum (Amsterdam, 1683); Maittaire, Stephanorum historia (London, 1709); A. A. Rénouard, Annales de l’imprimerie des Estienne (2nd ed., Paris, 1843); the article on Estienne by A. F. Didot in the Nouv. Biog. gén.; Mark Pattison, Essays, i. 67 ff. (1889); L. Clément, Henri Estienne et son œuvre française (Paris, 1899). There is a good account of Henri’s Thesaurus in the Quart. Rev. for January 1820, written by Bishop Blomfield.  (A. A. T.) 


ESTON, an urban district in the Cleveland parliamentary division of the North Riding of Yorkshire, England, 4 m. S.E. of Middlesbrough, on a branch of the North Eastern railway. Pop. (1901) 11,199. This is one of the principal centres from which the great ironstone deposits of the Cleveland Hills are worked, and there are extensive blast-furnaces, iron-foundries and steam sawing-mills in the district. Immediately W. of Eston lies the urban district of Ormesby (pop. 9482), and the whole district is densely populated (see Middlesbrough). Marton, west of Ormesby, was the birthplace of Captain Cook (1728). Numerous early earthworks fringe the hills to the south.


ESTOPPEL (from O. Fr. estopper, to stop, bar; estoupe, mod. étoupe, a plug of tow; Lat. stuppa), a rule in the law of evidence by which a party in litigation is prohibited from asserting or denying something, when such assertion or denial would be inconsistent with his own previous statements or conduct. Estoppel is said to arise in three ways—(1) by record or judgment, (2) by deed, and (3) by matter in pais or conduct. (1) Where a cause of action has been tried and final judgment has been pronounced, the judgment is conclusive—either party attempting to renew the litigation by a new action would be estopped by the judgment. “Every judgment is conclusive proof as against parties and privies, of facts directly in issue in the case, actually decided by the court, and appearing from the judgment itself to be the ground on which it was based.”—Stephen’s Digest of the Law of Evidence, Art. 41. (2) It is one of the privileges of deeds as distinguished from simple contracts that they operate by way of estoppel. “A man shall always be estopped by his own deed, or not permitted to aver or prove anything in contradiction to what he has once so solemnly and deliberately avowed” (Blackstone, 2 Com. 295); e.g. where a bond recited that the defendants were authorized by acts of parliament to borrow money, and that under such authority they had borrowed money from a certain person, they were estopped from setting up as a defence that they did not in fact so borrow money, as stated by their deed. (3) Estoppel by conduct, or, as it is still sometimes called, estoppel by matter in pais, is the most important head. The rule practically comes to this that, when a person in his dealings with others has acted so as to induce them to believe a thing to be true and to act on such belief, he may not in any proceeding between himself and them deny the thing to be true: e.g. a partner retiring from a firm without giving notice to the customers, cannot, as against a customer having no knowledge of his retirement, deny that he is a partner.