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a little convex in the middle ; the Aowers berry two-celled, containing many seeds appear in May; the seeds ripen in July. There are two species, viz. E. myrtyl

ERYNGIUM, in botany, English eryn- loides, and E. serrata. 30, a genus of the Pentandria Digynia ESCAPE, in law, is where one who is class and order. Natural order of Um- arrested gains his liberty before he is debellatæ. Essential character: flowers in livered by course of law. Escapes are a head; receptacle chaffy. There are either in civil or criminal cases; and in eleven species; these bear some resem both respects may be distinguished into blance to the thistles; the leaves are fre. voluntary and negligent; voluntary, quently spinous, as are also the involu. where it is with the consent of the keepcres; the umbellets in some are inclosed er; negligent, where it is for want of in an involucre, which is often irregular due care in him. In civil cases, after the and branched ; in others they are dis. prisoner has been suffered voluntarily to persed.

escape, the sheriff can never retake him, ERYSIMUM, in botany, hedge-mustard, but must answer for the debt ; but the a genus of the Tetradynamia Siliquosa plaintiff may retake him at any time. In class and order. Natural order of sili. the case of a negligent escape, the she. quosæ. Cruciferæ, Jussieu. Essential riff, upon fresh pursuit, may retake the character: silique columnar, with four prisoner; and the sheriff shall be ex. equal sides; calyx closed.

There are

cused, if he has him again before any aceight species.

tion brought against himself for the ERYSIPELAS. See MEDICINE.

escape.

When a defendant is once in ERYTHRINA, in botany, a genus of custody in execution, upon a capias ad sathe Diadelphia Decandria class and order. tisfaciendum, he is to be kept in close and Natural order of Papilionaceæ or Legu- safe custody; and if he be afterwards minosæ. Essential character: calyx two. seen at large, it is an escape, and the lobed ; corolla standard very long, lan- plaintiff may have an action for his whole ceolate. There are seven species; these debt against the sheriff; for, though upare small, prickly trees, or shrubs ; on arrests, and what is called mesne proleaves as in dolichos, ternate, stipulace. Cess, being such as intervenes between ous; the petiolules jointed and awned, or the commencement and end of a suit, the glandular, seldom simple; flowers in fas. sheriff, till the statute 8 and 9 Will. c. 27. cicles from the axils, or in spikes at the might have indulged the defendant as he ends of the stem and branches, generally pleased, so as he produced him in court scarlet.

to answer the plaintiff at the return of the ERYTHRONIUM, in botany, dog-tooth writ; yet, upon a taking in execution, violet, a genus of the Hexandria Mono. he could never give any indulgence; for gynia class and order. Natural order of in that case confinement is the whole of Sarmentaceæ. Lilia, Jussieu. Essential the debtor's punishment, and of the satischarater:corolla six-petalled, bell-shaped; faction made to the creditor. A rescue nectary tubercles two, fastened to the of a prisoner in execution, either in gobase of the alternate petals. There is ing to gaol, or in gaol, or a breach of pribut one species, with several varieties, son, will not excuse the sheriff from being viz. E. dens canis, dog-toath-violet; the guilty of, and answering for, the escape ; roots of this plant are white, oblong and for he ought to have sufficient force to fleshy, shaped like a tooth, whence its keep him, seeing he may command the name.

power of the county. In criminal cases, ERYTHROXYLON, in botany, a ge. an escape of a person arrested, by elud nus of the Decandria Trigynia class and ing the vigilance of his keeper before he order. Natural order of Malpighiæ, Jus- is put in hold, is an offence against pub. sieu. Essential character : calyx turbi. lic justice, and the party himself is pun. nate ; corolla having a small emar- ishable by fine and imprisonment; but ginate nectareous scale at the base of voluntary escapes amount to the same the petals; stamina connected at the kind of offence, and are punishable in the base ; drupe one-celled. There are five same degree as the offence of which the species.

prisoner is guilty, and for which he is in ESCALLONIA, in botany, so named in custody, whether treason, felony, or tres. honour of M. Escallon, a genus of the pass, and this whether he was actually Pentandria Monogynia class and order. committed to gaol, or only under a bare Natural order of Calycanthemæ. Ona arrest; but the officer cannot be thus gra, Jussieu. Essential character: calyx punished, till the original delinquent is surrounding the fruit; stigma capitate; actually found guilty, or convicted by verVOL. V

H

dict, confession, or outlawry ; otherwise thereby determined, it being always it inight happen, that the officer should granted to the vassal on the implied conbe punished for treason or felony, and dition of his well demeaning himself. In the party escaping turn out to be an consequence of which corruption and ex. innocent man. But, before the convic- tinction of hereditary blood, the land of tion of the principal party, the officer all felons would immediately revert in thus neglecting his duty may be fined the lord, but that the superior law of forand imprisoned for a misdemeanor. 4 feiture intervenes, and intercepts it in its Black. 129.

passage ; in case of treason, for ever; in If any person shall convey, or cause case of other felony, for only a year and to be conveyed, into any gaol, any dis. a day; after which time it goes to the guise, instrument, or arms, proper to lord in a regular course of escheat. 2 facilitate the escape of prisoners attaint. Black. c. 15. ed or convicted of treason or felony, al ESCHEATOR was an ancient officer, though no escape or attempt to escape be so called, because his office was properly made, such person so offending, and con to look to escheats, wardships, and victed, shall be deemed guilty of felony, other casualties, belonging to the crown. and be transported for seven years. 16 This office, having its chief dependance Geo. II. c. 31.

on the courts of wards, is now out of ESCAPE VENT. See SCAPEMENT date. ESCHALOT. See AllIUM.

ESCUAGE, signifies a kind of knights' ESCHEAT, in our law, denotes an service, called service of the shield, obstruction of the course of descent, and whereby the tenant is bound to follow his a consequent determination of the te. lord into the Scotch or Welsh wars, at nure, by some unforeseen contingency; his own expence. He who held a whole in which case, the land naturally results knights' fee was bound to serve with back, by a kind of reversion, to the ori. horse and arms 40 days at his own charge, ginal grantor or lord of the fee. This and he who held half a knights' fee was happens, either for want of heirs of to serve 20 days. the person last seized, or by his attainder ESCUTCHEON, in heraldry, is deriv. for a crime by him committed; in ed from the French escussion, and that which latter case, the blood is tainted, from the Latin scutum, and signifies the stained, or corrupted, and the inherit. shield whereon coats of arms are repre. able quality of it is thereby extin- sented. Most nations, of the remotest guished.

antiquity, were wont to have their shields Escheat, for want of heirs, is where distinguished by certain marks painted the tenant dies without any relations on on them ; and to have such on their the part of any of his ancestors, or where shields was a token of honour, none be. he dies without any relations of those an- ing permitted to have them till they had cestors, paternal or maternal, from whom performed some honourable action. The his estate descended; or where he dies escutcheon,

as used at present, is without any relations of the whole blood. square, only rounded off at the bottom. Bastards are also incapable of inherit As to the bearings on shields, they might ance; and therefore, if there be no other at first be arbitrary, according to the claimant than such illegitimate children, fancy of the bearer; but, in process of the land shall eschcat to the lord ; and as time, they came to be the gift of kings bastards cannot be heirs to themselves, and generals, as the reward of honourable so neither can they have any heirs but actions. those of their own bodies; and therefore, EscuTCHEOX of pretence, that on which if a bastard purchase lands, and die seiz a man carries his wife's coat of arms, be. ed, without issue and intestate, the land ing an heiress, and having issue by her. shall escheat to the lord of the fee. It is placed over the coat of the husband, Aliens, also, that is, persons born out of who thereby shews forth his pretensions the King's allegiance, are incapable of to her lands. taking by descent; and, unless naturaliz Esox, the pike, in natural history, a ed, are also incapable of taking by pur. genus of fishes of the order Abdominales. chase ; and therefore, if there be no natu. Generic character : head Aattish above, ral born subjects to claim, such lands shall mouth and throat large; teeth sharp, in in like manner escheat. By attainder for the jaws, palate, and tongue; nostrils treason or other felony, the blood of the double, near the eyes ; gill-membrane person attainted is corrupted and stained, with from seven to twelve rays; body and the original donation of the feud is elongated; dorsal fin near the tail. Gme.

DENING.

lin enumerates fifteen species, and Shaw ESPALIERS, in gardening, are rows of twenty-Two; we shall notice the follow trees planted about a whole garden or ing, as the most important.

plantation, or in hedges, so as to inclose E. luscius, or the common pike. In quarters or separate parts of a garden; Lapland this fish, we are informed, is and are trained up regularly to a lattice found not unfrequently of the length of of woodwork in a close hedge, for the eight feet. It is to be met with in most defence of tender plants against the inju. lakes and small rivers throughout Europe. ries of wind and weather. They are of Its common colour is a pale olive, but in admirable use and beauty in a kitchen. Holland it has been seen of an orange co garden, serving not only to shelter the lour, with black spots. When in its per tender plants, but screen them from the fect state its colours are uniformly found sight of persons in the walks. See Garo to be most vivid. The largest pike ever caught in Great Britain is supposed to have been one which weighed thirty-five sloping of the parapet of the covered way

ESPLANADE, in fortification, is the pounds. It is a fish of particularly rapid

towards the champaign. It is the same growth, and also of great longevity, ha. ving been ascertained, according to one

with glacis, and is more properly the of the natural historians of Poland, tolive

empty space between the citadel and the

houses of a town. to the age of ninety years. The stomach of the pike is particularly strong, muscu.

ESQUIRE, was anciently the person lar, and extended. lis teeth without in.

that attended a knight in the time of war, cluding those nearest the throat, are no

and carried his shield. This title has not fewer than seven hundred, and those

for a long time had any relation to the which are placed on the jaws are alter

office of the person, as to carry arms, nately moreable and fixed. It is one of

&c. Those to whom the title of esquire the most voracious of fishes, and is often is now of right due, are all noblemen's found to swallow water rats and young

younger sons, and the eldest sons of such ducks : it has even attacked the swar,

younger sons: the eldest sons of knights, and swallowed the head and great part King's courts, and of his household :

and their eldest sons: the officers of the of the neck of that bird: but beung unable to separate these from the body, it

counsellors at law, justices of the peace, became, in this instance, the victim of its

&c. thougli those laites are only esquires voracity. It will engage with the otter in reputation : besides, a justice of the in the most ferocious and versevering con

peace holds this title no longer than he is tests for any article of food, and after long

in commission, in case he is not other. abstinence has been known to seize on the

wise qualified to bear it; but a sheriff lips of a mule, and to be drawn up by the

of a county, who is a superior officer, af righted quadruped before it could pos

retains the title of a squire during life, sess time for extrication. It is not unfre.

in consequence of the trust once requently caught in the latter end of spring posed in him : the heads of some ancient in the ditches near the Thames, while

families are said to be esquires by preasleep, by means of a noosed chord der scription. terously slipped round it. The appear ESQUIRE, is a name of dignity, next ance of the pike is dreaded by the small above the common title of gentleman and er fishes, as the signal of destruction, and below a knight; heretofore it signified is observed to excite in them all the indi one that was attendant, and had his em. cations of detestation and terror.

ployment as a servant, waiting on such E. stomias, or the piper-mouthed pike, as had the order of knighthood, bearing is a native of the Mediterranean sea, about their shields, and helping him to horse, eighteen inches in length, and of a green

and the like. All Irish and foreign peers ish brown colour. Its lower jaw is con are only esquires in English law, and must siderably longer than the upper ; it has be so named in all legal proceedings. two fore teeth in the upper, and these, Esquires of the King, are such who bave with two of the under, project from the the title by creation ; these, when they mouth when shut; the first ray of the are created, have a collar of SS put about dorsal fin, which is near the head, is very their necks, and a pair of silver spurs is long and cetaceous, and its body gradual- bestowed on them; and they were wont ly tapers towards the tail, which is some. to bear before the prince in war, a shield what forked. It is a very curious fish, and or lance. There are four esquires of the a specimen of it is to be seen in the Bri. King's body, to attend on his majesty's tish Museum.

person.

ING.

TERS.

ESSAY, in metallurgy. See Assay. guilty of enormous crimes, they were ex

pelled. ESSENCE, in chemistry, denotes the ESSENTIAL, something necessarily purest, most subtile, and balsamic part belonging to the essence or nature of a of a body; extracted either by simple thing, from which it cannot be conceiv. expression, or by means of fire, from ed distinct; thus the primary qualities fruits, flowers, and the like. Of these of bodies, as extension, figure, number, there are a great variety used, on ac. &c. are essential, or inseparable from count of their agreeable smell and taste, them, in all their changes and alteraby apothecaries, perfumers, and others. tions. Those extracted by means of fire, with ESSENTIAL character. See CaARACmore propriety, are to be counted among the essential oils.

Essential oil, that procured from plants ESSENCE of bergamot, is a fragrant es- by distillation. See Oil. sence, extracted from a fruit which is ESSENTIAL salts, those obtained from produced by ingrafting a branch of lemon vegetable juices by crystallization. See iree upon the stock of a bergamot pear. SALT. It is imported from Italy anıl Sicily, par ESSOIN, signifies the allegation of an ticularly from Reggia and Messina. This excuse for him that is summoned, or spirit is extracted by paring ott he rind sought for, to appear and answer to an of the fruit with a broad knife, pressing action real, or to perform suit to a court the peel between wooden pincers against baron, upon just cause of absence. There a sponge, and as soon as the sponge is are various kinds of excuses which were saturated, the volatile liquor is squeezed formerly allowed, but the practice of esinto a phial.

soins is obsolete. Essence of orange, and Essence of le ESTABLISHMENT of dower, in law, mon, are prepared in a similar manner, the assurance of dower made to the and cone froin the same countries. wife by the husband, or his friends, be

The essences of lavender, of thyme, fore or at marriage. Assignment of of rosemary, of anise, of cloves, of cin. dower is the setting it out by the heir namon, &c. are obtained by means of afterwards, according to the establishfire.

Essence, in philosophy, that which con ESTATE, in law, that title or interest stitutes the particular nature of each ge: which a man hath in lands or tenements, nus or kind, and distinguishes it from all &c. This may be considered in a threeothers; being nothing but that abstract fold manner: 1. as to the quantity of inidea to which this name is affixed; so that terest which the party has ; 2. the time every thing contained in it is essential to when that interest is to be enjoyed; 3. the that particular kind.

number and connections of the parties ESSENDI, quetum de theolonio, a writ who are to enjoy it. that lies for citizens and burgesses of any

1. The first is measured by its duration city or town, that have a charter

on prei period, during his own life, or the life of

or extent, which may be for an uncertain scription to exempt them from toll through ihe whole realm, if it happened another man; to determine at his own deto be any where exacted of them.

cease, or to remain to his descendants

after him; or it is for years, munths, or ESSENES, or Essenians, in Jewish days; or infinite and unlimited, being to antiquity, one of the three ancient sects a man and his heirs for ever. This occaamong that people, who outdid the Pha. sions the division into estates of freehold, risees in their must rigorous observan- and less than freehold. The former is ces. They allowed a future state, but any estate of inheritance or for life,ei her denied a resurrection from the dead. in a corporeal or incorporeal hereditaTheir way of life was very singular; they ment, existing in or arising from real did not marry, but adopted the children property of free tenure; that is now of all of others, whom they bred up in the in. which is not copyhold ; but tithes and stitutions of their sect ; tbüy despised spiritual dues may be freehold, though riches, and had all things in common; they issue out of lands not freehold. Free. and never changed their clothes till they holds may be considered either as estates were entirely worn oit. When initiated, of inheritance or not of inheritance. The they were strictły wound not to commu- former are of inheritance absolute, callnicate he mysteries o: their sect 10 others; ed fee-simple: or inheritance limited, one and if any of their members were found species of which is called fee-tail. Limit.

ment.

CENERS.

ecutor.

od fees are such estates of inheritance as implied where nothing more is said; as are clogged with conditions or qualifica- to ihe rest, see Joint Tenants and Par. tions, which may be either, 1st. qualified

As to the title to estates, see or base fees; or 2d. fees conditional.

TITLE;

and as to TENURE, see that artiThe former is instanced by a grant to A

cle. and his heirs, tenants of the manors of Estates are acquired by different ways, Dale, which may continue for ever, if the as by descent from a father to a son, which heirs of A still continue tenants of Dale ; is distinguished from purchase, convey. but being subjected to a condition which ance or grant from one to another, by lowers or debases the certainty of the te deed or by will; and a fee-simple is nure, it is called a base fee. For fee-tail, the largest possible estate, and by the see Fee tail in this Dictionary, et post. Of words all his estates, in a deed or will, estates of freehold for life only some may every thing passes which the party bas, be called conventional, such as are crea and therefore this word creates, in a will ed by act of the parties, others merely or estate in fee, without a limitation to the legal, or arising by operation of law. For heirs estates for life conventional, see Life es Estates are divided into real, such as tate. The latter are tenant in tail after lands, which descend to the heir, and possibility of issue extinct, tenant by the personal, as chattels, which go to the excurtesy, and tenant in dower, which see.

Of estates less than freehold there ESTOPPEL, in law, an impediment or are three sorts : 1. estates for years ; bar of action arising from a man's own 2. at will. See LEASE. 3. estates by suffer act; or where he is forbidden to speak ance. Besides, there are some estates up against bis own deed; for by his act or on condition, as on mortgage estates by acceptance he may be estopped to speak statute merchant; statute staple; elegit'; the truth. There are three kinds of eswhich see.

toppels, viz. by matter of record, as by 1. Thus far we consider the quantity of letters patent, fine, recovery, pleading, the interest. Secondly, as to the time of taking of continuance, confession, imtheir enjoyment, which is present or fu- parlance, warrant of attorney, adnit. ture, they are divided into estates in pos tance. By matter in writing, deed, &c. session or expectancy. The latter are di. or by matter in pais, i. e. by some act, vided into estates in remainder and re such as livery, entry, partition, acceptversion, which lead to very nice and ab ance of rent, or of an estate. Thus, if a struse distinctions. See REMAINDER, RE man seized in tee takes a lease of his own VERSION, EXECUTORY DEVISE, LIMITA- land, by this he is estopped, or preventTIOS, &c. On this head, as to the certainty ed, from claiming the fee during the and time of enjoyment, estates are, 1st. vested in possession: 2d. vested in in. ESTOVERS, in law, signifies any kind terest, as reversions ; vested remainders ; of allowance out of lands; but in general such executory devises, future uses, con. it is a liberty of taking necessary wood for ditional limitations, &c. as are not referred the use or furniture of a house or farm, to or made to depend on a period which is and this any tenant may take from off the uncertain : 3d. estates contingent, which land let or demised to him, without waitare referred to a condition or event, ing for any leave, assignment, or appointwhich is uncertain whether it may happen ment of the lessor, unless restrained by or not. An estate is vested, when there special covenant to the contrary. is an immediate fixed right of present or

ESTRAYS and WAIFS. Estrays are future enjoyment. It is vested in posses. any valuable beasts, not wild, found withsion, when there is a right of present in a lordship, whose owner is not known ; enjoyment ; vested in interest, where a such as are commonly impounded and present fixed right of future enjoyment. not claimed. They are then to be proAn estate is contingent, when a right of claimed in the church and two nearest enjoyment is to accrue on an event which market towns on two market days, and is uncerain.

not being claimed by the owner, belong III. With respect to the number of to the King, and now commonly, by grant owners, estates in all the above three re of the crown, to the lord of the manor, or spects may be held by one or amongst the liberty. Beasts, fere nature, cannot many in four ways, in severalty, in joint be estrays. Swans, but no other fowl, tenancy, in coparcenary, or in common. may be estrays. The estray is not the Severalty is the holding lands, &c. as the absolute property of the lord till the year single owner thereof, which is generally and day, with proclamation ; and there

term.

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