ENTAIL.

seeds of E. Pursætha, an East Indian species, are saponaceous, and are used for washing the hair. The plant attains a great size: its pods are sometimes fully five feet long, and six inches broad; the seeds are beautiful brown beans, so large that in Ceylon they are often hollowed out and used as tinder-boxes.

ENTAIL, or ENTAY'LE (Fr. tailler, to cut), often used by old English authors for any architectural ornament which is sculptured or cut in stone. Chaucer speaks of

'An image of an other entaile;' and other examples are given by Parker (Glossary of Architecture).

the civil law to form a basis for the codes of modern
Europe, did not, in its original form, recognise the
right of a holder of land to alienate his feudal
benefice. But the right of the eldest son to represent
his father, both in the duties and privileges of the
fief, if not an original principle of the system, was
universally recognised in the days of its greatest
power. We shall presently see how this principle
We

was embodied in a Scottish deed of entail.
in modern nations.
come now to consider entails as they have existed

In England, the Saxons, it is said, prohibited the alienation of lands by those who had succeeded to them under condition that they should not alienate.--Wilkins's Leges Saxonice, p. 43 (note). Among the Saxons, the law of primogeniture was ENTAIL, or, as it is frequently called in Scot- not recognised. But on the establishment of the land, tailzie, from Fr. tailler, to cut, properly feudal laws in England, a practice began to prevail signifies any destination by which the legal course whereby an estate was settled upon a particular of succession is cut off, one or more of the heirs- series of heirs, as to a man and the heirs of his at-law being excluded or postponed, and the settle-body.' This is the first germ of an entail in ment of land made upon a particular heir or series England. It was called a fee-simple conditional, of heirs. The desire to preserve in our own family because the judges refused to recognise an absolute land which we have either inherited or acquired, limitation of the estate to a particular line of heirs, appears to be inherent in the human mind. The but held the destination to be conditional on the first distinct trace of the existence of entails, is birth of an heir, and that that condition having been to be found in the Roman law. The Greeks, purified, the donee was free to alienate the estate. indeed, permitted persons to name successors to The common law thus refusing to recognise entails, their estates, and to appoint a substitute who a statute was passed which had the effect of introshould take the estate on the failure of him first ducing that practice into England. This was the named. The substitute, as appointed, was per- famous statute De Donis (q. v.), whereby it was mitted to succeed on the death of the institute declared that the estate should be held secundum (as he was called) without leaving issue or without formam doni. In order to the creation of an entail alienating the estate. But this limited right fell under this statute, it was not enough that the far short of the power of entailing which has since estate was limited to a man and his heirs,' as those prevailed in various countries. At Rome, under words were held to constitute an estate in fee; it the later emperors, the practice of settling land was necessary that the estate should be given to upon a series of heirs, by means of Fideicommissa a man and the heirs of his body,' or 'to a man and (q. v.), grew up, and was sanctioned by the state. the heirs of his body by his wife Joan.' The former These deeds, which were originally simply a trust was called a general, the latter a special entail. reposed in the honour of a friend, to whom the Another form whereby lands might be entailed property was conveyed, to carry out the will of the under the statute De Donis, was by settlement in grantor, by degrees received the sanction of the Frankmarriage (q. v.). For nearly 200 years after law. In their early form, they contained merely a the passing of this act, lands settled in the form substitution of heirs. Thus, Rogo ne testamentum which it prescribed continued to be held under the faciat, donec liberos susceperit.' Rogo ut testamento fetters of a strict entail. But the tendency of the suo Seium hæredem faciat.' 'Rogo hæredem, ne hare- law, which in Scotland, as we shall presently see, ditatem alienet, sed relinquat familia.'-Heineccius, was to strengthen the power of entails, was, in s. 658. But by the later law, a much fuller form England, in the opposite direction. For a long of settlement was admitted, whereby the estate time, tenants in tail, taking advantage of legal was protected from every sort of alienation. Volo technicalities, were able practically to defeat the meas ædes non vendi ab hæredibus meis, neque limitation in tail by means of a Discontinuance. fæænerari super eas: sed manere eas firmas, sim- But it was not till the time of Edward IV. that an plices, filiis meis et nepotibus in universum tempus. effectual means of evading the provisions of the Si aliquis autem eorum voluerit vendere partem act was brought into use; this was achieved by suam, vel funerari super eam, potestatem habeat means of a process called a common recovery. See vendere coheredi suo et fœnerari ab eo: si autem FINES AND RECOVERIES. By this process, a tenant aliquis præter haec fecerit, erit quod obligatur, inutile in tail could bar the entail, and convert the estate atque irritum.'-Dig. xxxi. 88, s. 15. Here we into a fee-simple. Another mode of barring at entail have an example of the principal clauses of a was by means of a Fine (q. v.). It had been declared strict entail as subsequently more fully carried by the statute De Donis, that levying a fine of lands out in Scotland. It is impossible to doubt that should be no bar to the entail; but by 32 Hen. this Roman form must have been adopted by the VIII. c. 36, it was enacted that a fine of lands, Scottish lawyers in framing their deeds of entail. when duly levied, should be a complete bar to the The limitation to a particular line of descent, the tenant in tail, and those claiming under him. It is prohibition to alienate or burden with debt, and the to be observed that the operation of a fine was still more peculiar feature of the declaration of confined to those claiming under the tenant in tail; forfeiture in case of non-compliance, are to be found those who had rights of reversion or remainder in both forms. There are, however, two points in under the grantor of the entail were not excluded by which the Roman law differed from that which this species of assurance; so that by means of a prevailed for many years in Scotland-viz., that the recovery only could an estate tail be converted into former did not recognise the right of primogeniture, a fee-simple. From the introduction of common and that the limitation of the deed was restricted to recoveries till the passing of the Fines and Recoveries four generations. For the right of primogeniture, as Act (3 and 4 Will. IV. c. 74), a period of more than recognised in deeds of entail, we are indebted to the 300 years, it was impossible that an estate could be feudal law. That system, which has united with held under the fetters of an entail, if the tenant

ENTASIS-ENTELLUS MONKEY.

in tail and the next heir chose to combine to defeat the entail. By the Fines and Recoveries Act, the technicalities formerly necessary in order to bar an entail were removed, and tenant in tail may now, by a simple conveyance, alienate his estate at pleasure. An estate tail is a freehold of a limited description. Tenant in tail may commit Waste (q. v.). Formerly, an estate tail was not liable to the debts of the tenant, but by 1 and 2 Vict. c. 110, this restriction has been removed. Copyhold lands have been held not to fall under the operation of the statute De Donis. A limitation, therefore, which in a freehold creates an estate tail, in copyhold lands creates a fee-simple conditional, according to the old common law, except where the custom of the manor is to the contrary.

In Scotland, as in England, entails appear first to have taken their rise from the feudal usages. It has been observed by Lord Kames, that while the feudal system was in its vigour, every estate was in fact entailed, because no proprietor had any power to alter the order of the succession. But when the stricter feudal principles gave way, and the power of alienating land began to be recognised, the holders of estates sought to secure, by deed, in their own families the lands which they possessed. The form urst adopted for this purpose was the simple destination, whereby the estate was simply limited to a particular series of heirs, without prohibition to alienate, or declaration of forfeiture for contravention of the will of the grantor. In this form, the deed must have resembled the early English entails. The feudal law of primogeniture having been received as a principle of common law, the estate would naturally descend from father to son in the line indicated by the deed. But, as it was held that those succeeding under this deed were not restrained from alienating, the practice of adding prohibitory clauses was introduced. Entails in this form were held to bind the heir from granting gratuitous alienations; but he was not restrained from selling the estate, or burdening it with debt. Early in the 17th c., a further addition was made to the form of the deed by the introduction of irritant and resolutive clauses, i. e., clauses declaring the act of alienation to be null, and to infer the forfeiture of the estate. The form thus adopted, which resembles closely the form of the Roman deed already noticed, was fortified by a decision of the Court of Session in the Stormont entail, M. 13994, holding that an estate so protected could not be attached by creditors. This decision created much difference of opinion amongst lawyers as to the power of the grantor thus to protect an estate from the onerous act of the heir, in consequence of which the famous Scotch Entail Act, 1685, c. 22, was passed, by which it was enacted that an estate conveyed by a deed fortified by prohibitory, irritant, and resolutive clauses, and recorded in a particular register, should be effectually secured in the line of destination. This act has always been most strictly viewed by Scottish lawyers; and entails which have been found deficient in any of the prescribed requisites, have been regarded by the courts as utterly ineffectual. The first Lord Meadowbank, in a judgment which has always been regarded as a leading authority, laid it down that entails are the mere creatures of statute,' and that where the interests of third parties are concerned, every part of an entail is liable to the strictest interpretation (Hamilton v. Macdowall, 3d March 1815). The operation of the old entail act was found, notwithstanding, to be of the most oppressive character. Statutes were in consequence passed from time to time, empower ng heirs of entail to grant leases of their Lands of longer duration than could be granted

under the act 1685, and to make provisions for their families. But at length, by the 11th and 12th Vict. c. 36, the power of fettering lands by a strict entail has been finally destroyed. By this act, heirs under an existing entail may disentail, with the consent of certain heirs next in succession; and in all entails made after 1st August 1848, and also in old entails where the heir in possession was born since 1st August 1848, the heir of entail in possession may, by means of a simple deed of disentail, free his estate from the restrictions of the entail.

In America, before the rebellion, the English law as to estates tail prevailed. But in the United States, the law of entails has been gradually abandoned by the several states; and property can now be fettered, to a limited extent only, by means of executory Devises (q. v.). In France, the power of creating entails has varied much at different periods, from the right to make a perpetual entail, which appears to have been the original principle, to a limitation to four, and at one time to two degrees. But by the Code Napoleon, ss. 896-897, entails are now absolutely prohibited. In Spain, also, entails, which were permitted under certain restrictions, have been entirely abolished by a law of the Cortes in 1820. Thus it will be seen that the right of securing land in a particular family, which commends itself to the natural feelings, has been found so oppressive in operation, and so injurious to the public interest, that after an existence of more than 600 years it has been practically discarded almost simultaneously by the general consent of modern nations.

E'NTASIS (Gr.), the swelling outline given to the shaft of a Column (q. v.).

ENTELLUS MONKEY, or HONUMAN (Semnopithecus Entellus), an East Indian species of monkey, with yellowish fur, face of violet tinge, surrounded with projecting hairs, long limbs, and very long muscular and powerful-though not prehensile tail. It is held in superstitious reverence by the Hindus, and is often to be seen exhibiting much impudent familiarity in the precincts of temples; indeed, temples are often specially dedicated to it; hospitals are erected for its reception when sick or wounded. Hindu laws affix à far more severe punishment to the slaughter of one of these sacred monkeys than of a man; the peasant

Entellus Monkey (Semnopithecus Entellus).

esteems it an honour when his garden is plundered or his house robbed by troops of them, and would consider it an act of the greatest sacrilege to drive them away. They take their places with perfect confidence on the roofs of houses, and gaze at the passing crowd. This is one of the very few species

ENTERITIS-ENTOMOLOGY.

ENTOMOSTRACA-ENTOPHYTES.

Aristotle, and that it has retained and seems likely to retain its place, modified, indeed, but not essentially changed. De Geer and Fabricius are perhaps, after Linnæus, the most worthy to be named of the great entomologists of the 18th century. At the close of the 18th and beginning of the 19th c., the name of Latreile is pre-eminently conspicuous; and in the year 1815, a new impulse began to be given to the study of entomology in Britain by the publication of the admirable Introduction to Entomology of Messrs Kirby and Spence, a work combining in a remarkable degree the merits of being at once popular and scientific. Since the beginning of the 19th c., the number of insects known and described has prodigiously increased; many entomologists have with great advantage devoted themselves particularly to the study of particular orders of insects; and many valuable monographs have appeared. Entomological literature has now become very extensive. The progress of the science has owed not a little to entomological societies, of which the Entomological Society of London may be particularly mentioned. We cannot attempt to enumerate the distinguished entomologists of the 19th c., but perhaps the names of Leach, Macleay, Curtis, Stephens, Westwood, Smith, Walker, Stainton, Swainson, and Chuckard, deserve particular notice among those of Britain; Meigen, Jurine, Gyllenhal, Gravenhorst, Hubner, Dufour, Boisduval, Erichsen, and Lacordaire among those of the continent of Europe; and Say among those of America. It is to be regretted that we have not yet any complete work on the insects of Britain. The Insecta Britannica, of which some volumes by different authors have been published under the auspices of the Entomological Society, is intended to supply the want.

ENTOMO'STRACA (Gr. insect-shells), a term introduced by Müller, and adopted by Latreille, Cuvier, and other naturalists, to designate the second of their two great divisions of Crustaceans (q. v.). The number of species of E. is very great. They are all of small size, except the King-crabs (Limulus), which in many respects differ from all the rest, and have recently been formed by some naturalists into a sub-class of crustaceans by themselves. Many of them are minute, and exist in great numbers both in fresh and salt water, particularly in stagnant or nearly stagnant fresh water, affording to many kinds of fishes their principal food. They differ very much in general form; the number of organs of locomotion is also very various-in some very few, in some more than one hundred-usually adapted for swimming only, and attached to the abdominal as well as to the thoracic segments; but there never is a fin-like expansion of the tail, as in some of the malacostracous crustaceans. The antennæ of some are, however, used as organs of locomotion. Some of the E. have mouths fitted for mastication, and some for suction. Not a few are parasitic. The heart has the form of a long vessel. One or two nervous knots or globules supply the place of a brain. The organs of respiration are in certain species attached to some of the organs of locomotion, in the form of hairs, often grouped into beards, combs, or tufts, or blade-like expansions of the anterior legs are subservient to the purpose of respiration in others, no special organs of respiration are known to exist. The eyes are sometimes confluent, so as to form a single mass-one eye-in the front of the head. The name E. has been given to these creatures in consequence of most of the species having shells of one or two pieces, rather horny than calcareous, and of very slender consistence, generally almost membranous and transparent. In very many, the shell consists of two valves, capable of being completely closed, but which, at the pleasure of the

little animal, can also be opened so as to permit the antennæ and feet to be stretched out.

The study of the smaller crustaceans has recently been prosecuted with great assiduity and success. by Milne-Edwards and others; and in consequence of the great differences existing among them, new classifications have been proposed, and the name E. has by some been restricted to those which have a mouth formed for mastication, but no special organs of respiration, forming a section which is subdivided into two orders, Ostrapoda and Copepoda, the former having a bivalve shell or shield, the latter destitute of it. But the name E. is still commonly employed in its former wider sense.

ENTOMOSTRACA, FOSSIL. E. attained their tenanted in vast shoals. The Silurian Trilobite maximum size in the palæozoic waters, which they (q. v.) was a phyllopod, and the Pteregotus (q. v.) of the old red sandstone was nearly allied to the modern limulus. Small bivalvular species are found in all strata, sometimes, as at Burdie-House, near Edinburgh, forming layers of considerable thickness,

at others scattered in enormous numbers in the

dried sediments of lakes, as in the fresh-water clays of the Wealden, or forming in some places a large proportion of chalk, with the multitudes of their thin calcareous coverings.

E'NTOPHYTES (Entophyta; Gr. enton, within, and phyton, a plant), a term usually employed to denote those parasitic plants which grow on living animals. It is seldom extended to vegetable parasites which grow on living vegetables, whether on external or internal parts, nor is it restricted to those which are found in the internal cavities, or Iwithin the substance of animal bodies, but includes all which have their seat on living animal tissues. It does not, like the analogous term Entozoa, denote any particular class of organised beings; some of the E. are Alge, and some Fungi, but to these two orders they are limited, and all of them belong to the lower sections of these orders; some of them to those lowest sections in which the distinguishing characters of the two orders cannot easily be traced, so that they are referred to the one or the other on very slender grounds; those in which a colouring matter is present being reckoned algae, although it can be observed only in masses of aggregated cells, and not in the cells when viewed separately, and those which even in the mass appear entirely colourless, being considered fungi. Many of the alga and fungi parasitic on plants are nearly allied to those which occur on animals; thus, ergot and the kind of mildew which has proved so destructive to vines, are referred to the same genus (Oidium) to which is also referred the fungus found in the diseased mucous membrane in cases of aphthe or thrush and another genus (Botrytis, q. v.) contains the fungus called Muscardine, or Silkworm Rot, so destructive to silkworms, together with the fungus which accompanies or causes the potato disease, and many other species which infest plants. Common mould is even supposed to occur on animal tissues tending to decay, during life, as well as on dead animal and vegetable substances.

Vegetable parasites occur both in man and in the lower animals; not a few of them are peculiar to fishes, and more are peculiar to insects than to any other class of animals. The fungi which grow on the bodies of insects sometimes attain an extraordinary development: Sphæria Sinensis, which grows on a Chinese caterpillar, and to which medicinal virtues, probably imaginary, are ascribed in China, attains a length greater than that of the caterpillar itself. A similar species (S. Robertsii) is found on the caterpillar of a New Zealand moth.

ENTOPHYTES-ENTOZOA.