WAL 
WAR 
W A 11 
$77 
son that he hires to do his business for him. 
2 Lil. Abr. 677. See Master and Ser- 
vant. , 
WAGTAIL, in ornithology. See Mota- 
cilla. 
WAIFS, are goods which are stolen and 
waved by a felon in his flight from those who 
pursue him, which are forfeited ; and though 
waif is generally spoken of goods stolen, yet 
if a man is pursued with hue and cry as a 
felon, and he flees and leaves his own goods, 
these will be forfeited as goods stolen ; but 
they are properly fugitive’s goods, and not 
forfeited till it is found before the coroner, or 
otherwise of record, that he fled for the felony. 
2 Haw. 450. See Estrays. 
WAINAGE. The reasonableness of fines 
or amercements having been regulated by 
Magna Charta, that no person shall have a 
larger amercement imposed upon him than his 
circumstances or personal estate will bear, it 
is added, saving to the freeholder his contene- 
ment or land ; to the trader his merchandize ; 
and to the countryman his wainage, or team 
and instruments of husbandry. 4 Black. 379- 
WAIVER, in law, signifies the passing by of 
a thing, or a refusal to accept it ; sometimes it 
is applied to an estate, or something conveyed 
to a man, and sometimes to plea, &c. And 
a waiver or disagreement as to goods and 
chattels, in case of a gift, will be effectual. 
Lil. 710. 
WAKE of a ship , is the smooth water 
astern when she is under sail: this shews the 
way she has gone in the sea, whereby the ma- 
riners judge what way she makes. For if the 
wake is right astern, they conclude she 
makes her way forwards; hut if the wake is 
to leeward a point or two, then they conclude 
she falls to the leeward of her course. When 
one ship, giving chase to another, is got as 
far into the wind as she, and sails directly 
after her, they say she has got into her wake. 
A ship is said to stay to the weather of her 
wake, when in her staying she is so quick, 
that she does not fall to leeward upon a tack ; 
but that when she is tacked, her wake is to 
the leeward ; and it is a sign she feels her 
helm very well, and is quick of steerage. 
WALE, or Wales, in a ship, those outer- 
most timbers in a ship’s side on which the 
sailors set their feet in climbing up. They 
are reckoned from the water, and are called 
her first, second, and third wale, or bend. See 
Ship. 
WALES. By stat. 27 H. VIII. c. 26, and 
other subsequent statutes, the dominion of 
Wales shall be incorporated with, and be part 
of, the realm of England ; and all persons 
born in Wales shall enjoy all liberties and 
privileges as the subjects in England do. 
And the lands in Wales shall be inheritable 
after the English tenure, and not after any 
Welsh laws or customs. And the proceed- 
ings in all the law-courts shall be in the Eng- 
lish tongue. A session is also to be held 
twice a year in every county, by judges ap- 
pointed by the king, to be called the great 
sessions of the several counties in Wales; in 
which all pleas of real and personal actions 
shall be held, with the same form of process, 
and in as ample manner, as in the court of 
common-pleas at Westminster ; and writs of 
error shall lie from judgments therein to the 
court of king’s-bench at Westminster. But ! 
the ordinary original writs, or process of the 
king’s courts at Westminster, do not run into 
the principality of Wales, though process of 
execution does, as also all prerogative writs, 
as writs of certiorari, quo minus, mandamus, 
and the like. 3 Black. 77. 
Murders and felonies in any part of Wales 
may be tried in the next adjoining English 
county; the judges of assize having a concur- 
rent jurisdiction throughout all Wales, with 
the justices of the grand sessions. Str. 553. 
All local matters arising in Wales, triable 
in the king’s-bench, are by the common law 
to be tried by a jury returned from the next 
adjoining county in England. Burr. 859. 
No sheriff or officer in Wales shall, upon 
any process out ©f the courts at Westminster, 
hold any person to special bail, unless the 
cause of action is twenty pounds or upwards. 
1 1 and 12 W. c. 9- 
WALK. See Gardening. 
W ALKERIA, a genus of plants of the class 
and order pentandria monogynia. The calyx 
is five-parted, inferior; corolla five-petall- 
ed ; drupes five, one-seeded; nuts reniform. 
There is one species, a tree of the East 
Indies. 
WALL, in gardening. Of all materials for 
building walls for fruit-trees, brick is the best, 
it being not only the handsomest, but the 
warmest and kindest for the ripening of fruit ; 
and affording the best conveniency for nail- 
ing, as smaller nails will serve in brick than 
will in stone walls, where the joints are larger; 
and if the walls are caped with free-stone, 
and stone pilasters or columns at proper dis- 
tances, to separate the trees, and break off 
the force of the winds ; they are very beau- 
tiful, and the most profitable walls of any 
others. In some parts of England there are 
walls built both of brick and stone, which are 
found very commodious. The bricks of some 
places are not of themselves substantial 
enough for Walls ; and therefore some per- 
sons, that they might have walls both sub- 
stantial and wholesome, have built these 
double, the outside being of stone, and the 
inside of brick ; but there must be great care 
taken to bond the bricks well into the stone, 
otherwise they are very apt to separate one 
from the other, especially when frost comes 
after much wet. 
There have been several trials made of 
walls built in different forms ; some of them 
having been built semicircular; others in 
angles of various sizes ; and projecting more 
towards the north, to screen off the cold 
winds ; but there has not as yet been any 
method which has succeeded near so well as 
that of making the walls straight, and building 
them upright. Where persons are willing 
to be at the expence in the building of their 
walls substantial, they will find it answer 
much better than those which are slightly 
built, not only in duration, but in warmth ; 
therefore a w T all two bricks thick will be 
found to answer better than that of one 
brick and a half. The best aspect for ripen- 
ing fruit is south, with a point to the east; 
and the next best due south. It is a great 
improvement to have a trellis of wood against 
the wall, to train the trees to, as it prevents 
the wall being spoiled by nails, &c. 
WALLEN I A, a genus of plants of the class 
and order tetrandria monogynia. The calyx 
is four-cleft; corolla tubular, four cleft ; berry 
one-seeded. There is one species, a free of 
the West Indies. 
WALRUS. See Trichecus. 
WALNUT-TREE. SeeJuGLANs. 
WALTHERIA, a genus of the monadel- 
phia pentandria class of plants, the flower of 
which consists of five petals, vertically cord- 
ated and patent ; the fruit is an unilocular 
bivalve capsule, vertically ovated ; and the 
seed is single, obtuse, and broadest at the 
top. There are six species. 
WANMANNIA, a genus of plants of the 
class octandria, order monogynia, and ar- 
ranged in the natural classification with those 
plants the order of which is doubtful. The 
calyx is four-leaved, the corolla has four pe- 
tals, and the capsule is bilocular and biros- 
trated. There are four species, none of 
which are natives of Britain. 
WAPENTAKE, from the Saxon, the 
same with what we call a hundred, and more 
especially used in the northern counties be- 
yond the river Trent. There have been 
several conjectures as to the original of the 
word, one of which, is, that antiently musters 
were made of the armour and weapons of th® 
inhabitants of every hundred ; and from those 
that could not find sufficient pledges of their 
good behaviour, their weapons were taken 
away, and given to others ; whence it is said 
this word is derived. See Hundred. 
WAR. The too frequent recurrence of 
this great and detestable calamity, unfortu- 
nately renders a definition of the word unne- 
cessary. If we were called upon to define if, 
we should say, it is the wanton destruction, 
the cold-blooded slaughter, of the human 
race : we should call it an accumulation of 
every sin that degrades and vilifies mankind : 
we should mark it as a practice that diffuses 
misery and perpetuates vice: we should say, 
that if there is a burlesque upon the boasted 
reason of man it is this ; when millions meet 
to murder each other for a quarrel in which, 
in general, they have not individually th® 
smallest interest. The poet who wrote, 
“ One murder makes a villain, millions a 
hero,” &c. 
deserves a statue of gold ; and the writer of 
that verse may lift his head in the proudest 
assembly, and avow 7 his principles in the face 
of the world. 
The best and most respectable of the 
Christian sects have disclaimed war as incon- 
sistent with their Christian calling and pro- 
fession. There may however exist cases 
where war is self-defence ; and if ever it is 
such, it is when an unprincipled tyrant, 
at the head of a disciplined banditti, endea- 
vours to reduce the civilized world under 
one system of general despotism, and to 
plunder the property of unoffending nations 
and individuals, in the same manner as the 
highwayman, who by the laws of every well 
regulated community, is for such an offence 
destined to the rope. We leave our readers 
to make the application to the present cir- 
cumstances of Europe, and we think they 
cannot long be at a loss. 
In this view^as a means of defence, and as 
useful to the understanding of history, and 
not as giving our sanction to an irrational and 
anticbristian. practice, we insert the following 
article. 
War, art of. As war, on the one hand, in 
respect to its effects, is intimately connected 
with the propriety and independance of na- 
tions ; so, on the other, it requires infinite 
skill, combination, and management, wfliea 
