cessors.

From the emperors of the West this title, in the year 800, devolved to Charlemagne, the founder of the second or German empire of the West. Upon the expiration of the German branch of the Carlovingian family, the imperial crown became elective, and continued so until the last century. The title of Emperor of Germany now no longer exists: Francis II. laid it aside, and assumed the title of Emperor of Austria. The only other European potentate who uses the style of emperor is the autocrat of Russia, the monarchs of which country, about the year 1520, exchanged their former title of duke or great duke of Russia, for that of Czar or Tzar. In early times it was asserted by the civilians that the possession of the imperial crown gave to the emperors of Germany, as titular sovereigns of the world, a supremacy over all the kings of Europe, though such was never attempted to be exercised; and they denied the existence of any other empire: but in spite of this denial it is certain that several of the kings of France of the second race, after they had lost the empire of Germany, styled themselves Basileus and Imperator. Our own King

Edgar, in a charter to Oswald bishop of Winchester, styled himself " Anglorum Basileus omnium que regum insularum oceani que Britanniam circumjacentis cunctarum que nationum quæ infra eam includuntur Imperator et Dominus." Alfonso VII. also, in the 12th century, styled himself Emperor of Spain. It might be easily shown how the title and rank of king and emperor have been feudalized, as it were, in passing through the ordeal of the middle ages. ENDOWMENT. [DOWER; BENEFICE; USES, CHARITABLE.]

ENEMY. [ALIEN, p. 102.] ENFEOFFMENT. FEOFFMENT.] ENFRANCHISEMENT. The Third Annual Report of the Copy hold Commissioners, dated 22nd June, 1844, gives the following information respecting the progress of enfranchisement of manors under the Copy hold Act. The Commissioners state that "enfranchisemen. of church property is now proceeding to a considerable extent, and there is every reason to suppose that in manors held by ecclesiastical persons the disposition to avail themselves of the act will become general." Enfranchisements had also increased in other manors, but not in the same proportion, and that the act had encouraged building, especially in the neighbourhood of London. They suggested, as an improvement, that, without being in any way compulsory on the lord, enfranchisements might be made binding on the other tenants, if two-thirds of the tenants, in number and value, agreed. At present it may happen that the lord is willing to enfranchise, and he can make arrangements with the principal tenants; but if there is a difficulty in agreeing with the smaller tenants, enfranchisement is hindered, as the lord might be left with the dregs of the manor.

ENGROSSING. [FORESTALLING.]

ENLISTMENT, an engagement to serve as a private soldier either during an unlimited period or for a certain number of years, on receipt of a sum of money. Enlistment differs from enrolment, inasmuch as it is a voluntary act, whereas the latter is, under some circumstances, rendered compulsory as in the case of men who are selected by bal

lot for the militia in this country, or by the conscription, for military service generally, on the continent.

The practice of impressing men to serve as soldiers, on sudden emergencies, was formerly very common in England; and it is well known that within the last half century young men were entrapped and secretly conveyed away to recruit the armies employed in the east. The discovery of this illegal and disgraceful method of obtaining soldiers was speedily followed by its abolition; and now, the East India Company's troops, as well as those of the regular army, are obtained by voluntary engagement.

The number of young men who are induced to enlist by the ambition of entering upon a course of life which appears to hold out a prospect of distinguishing themselves by gallant achieve ments in the field is, however, too small for the wants of the military service; and the allurement of a bounty must necessarily be presented in order that the ranks of the army may be filled. But the profession of a soldier can never possess such advantages as might induce an industrious man who can obtain a subsistence in another way to embrace it; and it is to be regretted that too frequently those who enter the service are thoughtless youths or men of indolent habits or desperate fortunes. Some attention, however, to the character of a person offering himself for enlistment is necessary if it be desired to render the service honourable; for it is found that idle and dissipated men are with difficulty brought to submit to the necessary restraints of discipline; their frequent desertions entail heavy losses on the government, and they often corrupt those who are compelled to associate with them. When circumstances render it necessary to enlist such men, it is obvious that they ought to be distributed in small numbers among the different regiments, and quartered in places remote from those from which they were taken.

By the 34th clause of the Mutiny Act, every person who has received enlistingmoney from any military man employed in the recruiting service is considered as having enlisted; but within forty-eight

hours afterwards notice is to be given to the recruit, or left at his place of abode, of his having so enlisted: and again, within four days from the time of receiving the money, the recruit, attended by any person employed as above-said, is to appear before a magistrate (not be ing a military man), when, if he declare that he has voluntarily enlisted, the magistrate is to question him concerning his name, age, and condition, and particularly to inquire of him whether he is then serving, or whether he have ever served, in the army or navy. The magistrate is then to read to the recruit the articles of war relating to mutiny and desertion, and administer to him an oath of allegiance, of which a form is given in a schedule to the act: if the recruit refuse to take the oath, he may be imprisoned till he do so.

But as the young and simple have been sometimes inveigled by illusory promises, or persuaded, while deprived of judgment by intoxication, to enlist, if a recruit, on reflection, wish to withdraw from the engagement into which he may have been surprised, it is provided by the 35th clause of the Mutiny Act that when taken before the magistrate as above he shall be at liberty to declare his dissent from such enlistment; on making which declaration and returning the enlisting money, with 20s. in addition for the charges which may have been incurred on his account, he shall be forthwith discharged. But if he omit within twentyfour hours after so declaring his dissent to pay such money, he is to be considered as enlisted, as if he had given his assent before the magistrate.

If a recruit, after receiving the enlistment-money, and after notice of having enlisted has been left at his place of abode, shall abscond, he may be appre hended and punished as a deserter, or for being absent without leave; and if it be discovered that he is unfit for active service, in consequence of any infirmity which he had not declared before the magistrate, he may be transferred to any garrison, or veteran or invalid battalion, though he may have enlisted for some particular regiment. If it be proved that the recruit concealed the fact of his being

ENSIGN, a commissioned officer, the lowest in degree, and immediately subordinate to the lieutenants in a regiment of infantry. One of this rank is appointed to each company, and the junior ensigns are charged with the duty of carrying the colours of the regiment. Ensigns in the regiments of foot guards have also the rank of lieutenants. In the rifle brigade, and in the royal corps of artillery, engineers, and inarines, in place of an ensign, a second lieutenant is attached to each company.

Among the Spaniards and Italians, in the seventeenth century, it appears that no officer existed like the lieutenant of a company, whose rank is between that of a captain and ensign, any such being considered superfluous, and as tending to diminish the importance which was attached to the post of the officer who had the charge of the colours, on the preservation of which, in action, the honour of the regiment was made greatly to depend.

When, as formerly, a battle partook far more than at present of the nature of a mêlée, the loss of a standard, which served as a mark for the soldiers under each leader to keep together in the fight, or to rally when dispersed, must have been a serious misfortune, and probably was often attended by the total defeat and destruction of the party; and hence, no doubt, arose the point of honour respecting the colours. A French military author, who served and wrote in the time of Charles IX., intending to express the importance of preserving the colours to the last, observes that, on a defeat taking place, the flag should serve the ensign as a shroud; and instances have occurred of a standard-bearer who, being mortally wounded, tore the flag from its staff and died with it wrapped about his body. Such a circumstance is related of Don Sebastian, king of Portugal, at the battle

In the ancient French service, the duty of carrying the oriflamme at the head of the army was confided to a man of rank, and also of approved valour and prudence; the post was held for life.

The price of an ensign's commission in the foot guards is 1200l., and his daily pay is 5s. 6d.; in the regiments of the line the price is 4501., and the daily pay 5s. 3d.

ENTAIL. [ESTATE.]

ENVOY, a diplomatic minister or agent, inferior in dignity to an ambassador, but generally invested with equal powers. [AMBASSADOR.]

a

EPISCOPACY. [BISHOP.]
EQUALITY. [LIBERTY.]

EQUERRIES (from the French écurie, stable), the name given to certain officers of the household of the King of England in the department of the master of the horse, the first of whom is styled chief equerry and clerk-marshal. Their duties fall in rotation. When the king or queen ride abroad in state, an equerry goes in the leading coach. They formerly rode on horseback by the coach side. Officers of the same denomination form a part of the established household of the Prince Consort, the Duke of Cambridge, and the Queen Dowager.

EQUITY, according to the definition given by Aristotle, is "the rectification of the law, when, by reason of its universality, it is deficient; for this is the reason that all things are not determined by law, because it is impossible that a law should be enacted concerning some things, so that there is need of a decree or decision; for of the indefinite the rule also is indefinite as among Lesbian builders the rule is leaden, for the rule is altered to suit the figure of the stone, and is not fixed, and so is a decree or decision to suit the circumstances." (Ethics, b. v. c. x. Oxford trans.) Equity," says Blackstone, "in its true and genuine meaning, is the soul and spirit of all law; positive law is construed and rational law is made by it. In this respect, equity is synonymous with justice; in that, to the true and sound interpretation of the rule."

According to Grotius, equity is the correction of that wherein the law, by reason of its generality, is deficient.

It is probable that the department of law called equity in England once deserved the humorous description given by Selden in his "Table Talk: "Equity in law is the same that spirit is in religion, what every one pleases to make it: sometimes they go according to conscience, sometimes according to law, someimes according to the rule of court. Equity is a roguish thing: for law we have a measure, know what to trust to; equity is according to the conscience of him that is chancellor; and as that is larger or narrower, so is equity. It is all one as if they should make the standard for the measure we call a foot a chancellor's foot; what an uncertain measure would this be! One chancellor has a long foot, another a short foot, a third an indifferent foot: it is the same thing in the chancellor's conscience."

This uncertainty has however long ceased in that branch of our law which is expressed by the term Equity, and, from successive decisions, rules and principles almost as fixed have been framed and established in our courts of equity as in our courts of law. New cases do indeed arise, but they are decided according to these rules and principles, and not according to the notions of the judge as to what may be reasonable or just in the particular case. Nothing in fact is more common than to hear the chancellor say, that whatever may be his own opinion, he is bound by the authorities, that is, by the decisions of his predecessors in office and those of the other judges in equity, that he will not shake any settled rule of equity, it being for the common good that these should be certain and known, however ill-founded the first resolution may have been.

In its enlarged sense, equity answers precisely to the definition of justice, or natural law (as it is called), as given in the 'Pandects' (i. tit. 1, s. 10, 11); and it is remarkable that subsequent writers on this so-called natural law, and also the authors of modern treatises on the doctrine of equity, as administered in the English courts, have, with scarcely any

exception, cited the above passage from Aristotle as a definition of equity in our peculiar sense of a separate jurisdiction. But according to this general definition every court is a court of equity, of which a familiar instance occurs in the construction of statutes, which the judges of the courts of common law may, if they please, interpret according to the spirit, or, as it is called, the equity, not the strict letter.

It is hardly possible to define Equity as now administered in England and Ireland, or to make it intelligible otherwise than by a minute enumeration of the matters cognizable in the courts in which it is administered in its restrained and qualified sense.

The remedies for the redress of wrongs and for the enforcement of rights are distinguished into two classes, those which are administered in courts of law, and those which are administered in courts of equity. Accordingly rights may be distributed into Legal and Equitable. Equity jurisdiction may therefore properly be defined as that department of law which is administered by a court of equity as distinguished from a court of law, from which a court of equity differs mainly in the subject matters of which it takes cognizance and in its mode of procedure and remedies.

Courts of common law proceed by certain prescribed forms of action alone, and give relief only according to the kinds of actions, by a general and unqualified judgment for the plaintiff or the defendant. There are many cases, however, in which a simple judgment for either party, without qualifications or conditions, will not do entire justice. Some modifications of the rights of both parties may be required; some restraints on one side or the other, or perhaps on both; some qualifications or conditions present or future, temporary or permanent, ought to be annexed to the exercise of rights or the redress of injuries. To accomplish such objects the courts of law in this country have no machinery: according to their present constitution they can only adjudicate by a simple judgment between the parties. Courts of equity, however, are not so restrained; they adjudicate by decree pronounced upon a statement of his