E R S 
Hf.atter of !avv jn which the error is affigncd, reverfe or 
affirm the judgment of the inferior courts; but none of 
them are final fave only the houfe of peers, to whofe ju¬ 
dicial decifion all other tribunals mult therefore fiubmit 
and conform their own. 
In criminal cafes alfo, judgments may be reverfed by 
writ of error ; which lies from all inferior criminal juri.f- 
diftions to the court of king’s-bench, and from king’s- 
bench to the houfe of peers. It may be brought for noto¬ 
rious miftakes in the judgment or other parts of the re¬ 
cord : as where a man is found guilty of perjury and re¬ 
ceives the judgment of felony; or for other lefs palpable 
errors, fuch as any irregularity, omiffion, or want of form, 
in the procefs of outlawry or proclamations; the want of 
a proper addition to the defendant’s name, according to 
the ftatute; for not properly naming the ffieriff, or other 
officer of the court, or not duly deferibing where his 
county court was held : for laying an offence committed 
in the time of the late king, to be done againfl: the peace 
of the prefent; and for many other fimilar caufes, which 
(though allowed out of tendernefs to life and liberty) are 
not much to the credit or advantage of national juftice. 
Thefe writs of error to reverfe judgments in cafes of 
snifdemeanors, are not to be allowed of courfe, but on 
fnfficient probable caufe ffievvn to the attorney general; 
and then they are underftood to be grantable of common 
right, et ex debilo juflitiee. But writs of error to reverfe 
attainders in capital cafes are allowed only ex gratia ; and 
not without exprefs warrant under the king’s figu manual, 
cr at lead by the confent of the attorney general. Tliofe 
therefore can rarely be brought by the party himfelf, 
efpecially where he is attainted for an offence againfl: the 
date; but they may be brought by his heir or executor 
after his death. But the eafier and more effeftual way, 
is to reverfe fuch attainder by aft of parliament. 
Error in the king’s-bench is thus profecuted : the cur- 
Gtor of the county makes out the writ of error, from a 
praecipe or copy of the declaration left with him j which 
is to be allowed with the clerk of the errors, and a certifi¬ 
cate of the allowance of the writ muft be ferved on the 
defendant’s attorney in error ; alfo the plaintiff's attorney 
ia the aftion, is to procure an original to warrant bis 
judgment; and warrant’s of attorney mud be filed and 
bail put in, where required, See. And then the proceed¬ 
ings are by J'cirefacias adaudiendum errores againd the plain- 
tiff in the aftion, wherein judgment was obtained ; and 
the writ of error being received by the Iheriff to whom 
directed, he is to give notice to the plaintiff in error to 
diew caufe why execution fhould not be on the judg¬ 
ment, and make a return to that purpofe ; then a rule is 
to be given with the clerk of the rules for the plaintiff in 
error to aflign his errors by fuch a day, which if he ffiall 
not do before the rule is out, the plaintiff in the original 
aftion may take out execution againd him. 
If you would bring a writ of error in parliament to re¬ 
verfe a judgment in the king’s-bench, there mud be a pe¬ 
tition to the king for his warrant, which petition has the 
allowance of the attorney-general, and then the king writes 
on the top of it Fiat jufitia ; whereupon a writ of error is 
made out by the clerkof the errors. And then thelordchief 
judi.ee of the king’s-bench carries the record, and a tran- 
feript thereof, up to the houfe of lords in full parlia¬ 
ment, and after they are examined there, leaves the tran- 
feript with the lords, but brings back the record : and 
this being done, the attorney for the defendant in error 
gets fome lord to move that the plaintiff in error may af¬ 
lign his errors; but if for the plaintiff, motion is to be 
made, that upon his affigning errors, the defendant may 
appear and make his defence, and counfel be heard on 
both ddes: then, after the judgment is either affirmed or 
reverfed, the clerkof the parliament remands the tran- 
feript of the record into the king’s-bench with the affir¬ 
mation or reverfal thereof, to be entered upon the record 
of the faid court, which court, if affirmed, awards exe¬ 
cution, &c. 
E R U QU 
ERSE, adj. Old Scotch.—-Have you fee n the Erfc frag¬ 
ments, fince they were printed t Grafs Letters. 
ERSE, a river of Germany, in the circle of Lower 
Saxony, which runs into the Fuhfe, eight miles fouth 
of Zelle. 
ER'SILTON, orERLSTON, a town of Scotland, in the 
county of Berwick : feven miles fouth-fouth-eaft of Lau¬ 
der, and twenty-eight weft of Berwick, 
ERST, adv. \_erjl , Germ, aspyzit, Sax.] Firft: 
Sir knight, if knight thou be, 
Abandon this foreftalled place at erjl. 
For fear of further harm, I counfel thee. 
At fil'd ; in the beginning : 
Fame that her high worth to raiie. 
Seem’d erjl fo laviffi and profufe. 
We may juftly now accufe 
Ofdetraftion fro,a her praife. 
Once ; when time was.: 
As fignal now in low dejefted ftate 
As erjl in higheft. Samfon Agonjles. 
Formerly ; long ago : 
The future few or more, howe’er they be. 
Were deftin’d erjl, nor can by fate’s decree 
Be now cut off. Prior. 
Before; till then; till now.—The Rhodians, who erjl 
thought themfelves at great quiet, were now overtaken 
with a fudden mifehief. Knolles. 
Opener mine eyes, 
Dim erjl• dilated fpirits, ampler heart. Milton. 
ER'STEIN, a town of France, in the department of 
the Lower Rhine, and chief place of a canton, in the dif> 
trift of Bcnfelden : three leagues fouth of Strafburg, 
ER'TO DEL FERRO, a town of Italy, in the king¬ 
dom of Naples, and province of Calabria Citra : ten miles 
weft of Umbriatico. 
ERUBES'CENCE, or Erubescency,/ - . \_erubcfcentia t 
Lat.] The aft of growing red; rednefs. 
ERUBES'CENT, adj. [ erubcj'cens, Lat.] Reddifh ; 
fop.iowhat red ; inclining to rednefs. 
ERU'CA,yi [from erugo, Lat. to make fmooth.] A 
worm or caterpillar; fo called becaufe in moving it ex¬ 
tends and fmooths the wrinkles in the Ikiu. See Ento¬ 
mology, in this volume. 
ERU'CA,y. in botany. See Arabis, Brassica, Bu. 
nias, Cheiranthus, Erysimum, Sinapis, and Sisym¬ 
brium. 
ERUCA'GO,/'. in botany. See Bunias and Reseda. 
ERUCAS'TRUM, f. in botany. See Brassica, 
To ERU'CT, or Eructate, v. a. [erndlo, Lat.] To 
belch ; to break wind from the ftomach. 
ERUCTA'TION, f. The aft of belching.—Belch; 
the matter vented from the ftomach.—The figns of the 
funftions of the ftomach being depraved, are emulations ., 
either with the tafte of the aliment, acid, inodprenjs, or 
fetid. Arbuthnot. —Any fudden burft of wind or matter.— 
Thermae, are hot fprings, or fiery eradiations ; fuch as 
burft forth of the earth during earthquakes. Woodward. 
E'RUDITE, adj. [ eruditus , Lat.] Learned, It often 
conveys a fneer.-—Your Latin lefture is as good Latin 
as the erudite Germans fpeak or write. Cheferjieid. 
E'RUDITELY, adj. Learnedly. Scott. 
ERUDI'TION, f. [eruditio, Lat.] Learning; know¬ 
ledge obtained by ftudy and inftruftion.—Some gentle¬ 
men, abounding in their tiniverfity erudition, fill their fer- 
mons with philofophical terms. Swift. 
ERVEDEI'RA, a town of Portugal, in the province of 
Eftremadura : twelve miles north-north-weft of Leiria. 
ERUG A'TION,_/i [e, from, and ruga , Lat. wrinkles.] 
The aft of clearing any thing from wrinkles. Scott. 
ERU'GINOUS, adj. \_<erugino[us, Lat.] Partaking oi 
the fubftance and nature of copper.—Copperas is a rough 
and acrimonious kind of fait, drawn out of ferreous and 
eruginouc 
Spcnfen 
Milton , 
