Page images
PDF
EPUB

judgment acknowledged to him, he cannot afterwards bring an action on the bond, for the debt is extinguished in the judgment; but these cases must be understood where the debtor himself enters into these securities; and therefore if a stranger give bond for a simple contract due by another, this does not extinguish the simple contract debt; but if, upon making the contract, a stranger gives bond for it, or being present promises to give bond for it, and afterwards does so, the debt by simple contract is extinguished, the obligation being made upon, or pursuant to the contract. 2 Leon. 110.

But the accepting a security of an inferior nature is by no means an extinguishment of the first debt; as if a bond be given in satisfaction of a judgment. Also the accepting a security of equal degree is no extinguishment of the first debt; as where an obligee has a second bond given to him; for one deed cannot determine the duty upon another. Cro. Eliz. 304, 716, 727. 1 Brownl. 74.

4. If a man hath a highway as appendant, and after purchases the land wherein this way is, the way is extinct. Termes de Ley. Though a way of necessity to market or church, or to arable land, &c., is not extinguished by purchase of ground or unity of possession.

EXTIRP', v. a. > Fr. extirper; Lat. erEXTIR PATE, v. a. tirpo, from er out of, and EXTIRPATION, n. s. stirps, stirpis, a root. To S root out; to exscind; to destroy: extirpation is the act of rooting out, &c.

Which to extirp he laid him privily
Down in a darksome lowly place far in.

Faerie Queens.

It is said that popery, for want of utter extirpation, hath in some places taken root and flourished again. Hooker.

Nor shall that nation boast it so with us, But be extirped from our provinces. Shakspeare. It doth notably set forth the consent of all nations and ages, in the approbation of the extirpating and debellating of giants, monsters, and foreign tyrants, not only as lawful, but as meritorious even of divine honour; and this, although the deliverer came from Bacon. the one end of the world unto the other.

Religion requires the extirpation of all those passions and vices which render men unsociable and troubleTillotson. some to one another.

Now that from the practice of religion, and from it alone, such inward content and pleasure do spring; that it extirpateth the ground and roots of discontent.

Barrow.

[blocks in formation]
[blocks in formation]

He is, said he, a man of great defence,
Expert in battell and in deedes of armes,
And more emboldened by the wicked charmes
With which his daughter doth him still support,
Having great lordships got, and goodly farmes,
Through strong oppression of his power extort.

Spenser. Faerie Queene.

To whom they never gave any penny of entertainment, but let them feed upon the countries, and extort upon all men where they come. Spenser.

His tail was stretched out in wonderous length, That to the house of heavenly gods it raught,

And with extorted power and borrowed strength, The ever-burning lamps from thence it brought. Id. "Till the injurious Roman did extort This tribute from us, we were free. Are my chests filled up with cztorted gold? That goodness

Shakspeare,

Id:

Id.

Of gleaning all the lands wealth into one, Into your own hands, cardinal, by extortion. Edric, the extorter, was deprived by king Canute of Camden's Remains. the government of Mercia.

3 C

[blocks in formation]

Before they did extort and oppress the people only by colour of a lewd custom, they did afterwards use the same extortions by warrant. Davies on Ireland. Oppression and extortion did maintain the greatness, and oppression and extortion did extinguish the greatness of that house. Id. A succeeding king's just recovery of rights from unjust usurpations and extortions, shall never be prejudiced by any act of mine. King Charles.

That glory never shall his wrath or might Extort from me, to bow and sue for grace With suppliant knee, and deify his power. Milton. Some things God allows in judgment; their importunity and distrust extorted from God this occasion of their overthrow. Bp. Hall's Contemplations.

We do well to curb the extortious cruelties of some, the corrupt wresting of justice in others. Bp. Hall.

The excellency of God's nature doth justly require honour and reverence to him; his sovereign power may also reasonably extort obedience from us.

Barrow. Piety removeth extortion and cozenage out of trade, Id.

An epicure hath some reason, and an extortioner is a man of wisdom if compared to him (a swearer), for they enjoy some pleasure, or acquire some gain here, in lieu of their salvation hereafter. Id.

I remember well the impious oath, Hardly extorted from my trembling youth. Rowe. My earnest desires, not any doubts of your goodness, but my real concern for your welfare, extort this from Wake.

me.

sentence.

The covetous extortioner is involved in the same
Decay of Piety.
The temple and its holy rites profaned
By mummeries he that dwelt in it disdained;
Uplifted hands, that at convenient times,
Could act extortion and the worst of crimes.

Cowper. -So erst when Jove his oath extorted mourned, And clad in glory to the fair returned. Darwin. EXTORTION, in law, includes the exaction of unlawful usury, winning by unlawful games, and taking more than is due under pretence of right. It is punishable by fine and imprisonment; and by 3 Eliz. I. c. 30. it is enacted, that officers of justice guilty of it shall render to the party treble value. There are also other statutes for punishing extortions of sheriffs, gaolers, clerks, attorneys, solicitors, &c.

EXTRACT, v..a. & n. s. Fr. extraire; EXTRACTION, n. 8. It. estrarre; Span. EXTRACT'OR. extraer; Lat. extraho, extractum; ex and traho, to draw. To draw out or select from; the substance or thing drawn out or selected: extraction is the act of drawing out, or separating the parts of a compound, chemically or otherwise; derivation; lineage: extractor the person, or thing, by which an extraction is performed.

Out of the ashes of all plants they extract a salt which they use in medicines.

Bacon's Natural History. Some books may be read by extracts made of them by others, but only in the less important arguments, and the meaner books; else distilled books are like common distilled waters, flashy things.

Bacon's Essays.

The drawing of one metal or mineral out of another, we call extracting. Id. Physical Remains. Although the charge of extraction should exceed the worth, at least it will discover nature and possibility. Bacon.

I will present a few extracts out of authors.

Camden. The distillations of waters, extractions of oils, and such like experiments were unknown to the ancients. Hakewill. A family of an ancient extraction, transported with Clarendon the Conqueror out of Normandy. I now see Bone of my bone, flesh of my flesh, myself Before me woman is her name, of man Extracted.

Milton's Paradise Lost.

One whose extraction's from an ancient line, Gives hope again that well-born men may shine; The meanest in your nature mild and good, The noble rest secured in your blood. Waller. In tinctures, if the superfluous spirit of wine be distilled off, it leaves at the bottom that thicker substance, which chemists call the extract of the vegeBoyle.

tables.

[blocks in formation]

They

Whom sunny Borneo bears, are stored with streams Egregious, rum and rice's spirit extract. Philips. To see how this case is represented, I have estracted out of that pamphlet a few notorious falsehoods. Swift. making extracts, if your memory be weak. Spend some hours every day in reading, and

Id. art a spirit. O remember thy heavenly extract; remember thou Mason

In these discourses several things seemed strained and fanciful; but herein he followed entirely the manner of the earlier Fathers, from whom the greatest part of his divinity is not so much imitated as extracted. Burke.

EXTRADICTIONARY, adj. Lat. extra and dictio. Not consisting in words but realities. Of extradictionary and real fallacies, Aristotle and logicians make six; but we observe men are comBrowse monly deceived by four thereof.

EXTRAJUDICIAL, adj. Lat. extra and EXTRAJUDICIALLY, adv. judicium. Out of the regular course of legal procedure.

The confirmation of an election, though done by a previous citation of all persons concerned, may be said to be done extrajudicially, when opposition ensues thereupon. Ayliffe.

A declaratory or extrajudicial absolution is conferred in foro penitentiali. Id. Parergon. EXTRAMI'SSION, n. s. Lat. extra and mitto. The act of emitting outwards; opposite to intromission.

Aristotle, Alhazen, and others, hold that sight is by reception, and not by estramission; by receiving

the rays of the object unto the eye, and not by sending any out. Browne.

EXTRAMUNDANE, adj. Lat. extra and mundus. Beyond the verge of the material world.

'Tis a philosophy that gives the exactest topography of the extramundane spaces. Glanville's Scepsis.

Say at what point of space Jehovah dropped His slackened line, and laid his balance by; Weighed worlds, and measured infinite no more? Where rears his terminating pillar high Its extramundane head?

Young. EXTRA'NEOUS, adj. Lat. extraneus. Not belonging to a thing; foreign; of different substance; extrinsic.

Relation is not contained in the real existence of things, but something extraneous and superinduced.

Locke.

When the mind refers any of its ideas to any thing extraneous to them, they are then called true or false. Id. Gold, when equally pure, and freed from extraneous matter, is absolutely alike in colour, consistence, specific gravity, and all other respects. Woodward.

Until you nearly trod on them, and then
You started back in horror to survey
The wondrous hideousness of those small men,
Whose colour was not black, nor white, nor grey,
But an extraneous mixture, which no pen

Can trace, although perhaps the pencil may.
Byron.

Lat. ex

EXTRAORDINARY, adj. & adv. traordina

EXTRAORDINARILY, adv.

Out

rius, from extra and ordo, ordinis, a rank. of the common order or method; hence eminent, remarkable; used both in a good and bad sense. The use of extraordinary, as an adverb, is only bad, however.

Evils must be judged inevitable, if there be no apparent ordinary way to avoid them; because where

council and advice bear rule of God's extraordinary power, without extraordinary warrant, we cannot pre

sume.

Hooker.

In the affairs which were not determinable one way or other by the Scripture, himself gave an extraordinary direction and counsel, as oft as they sought it at his hands. Id.

Spain had no wars save those which were grown into an ordinary: now they have coupled there with the extraordinary of the Valteline and the Palatinate.

Bacon.

In government it is good to use men of one rank equally; for to countenance some extraordinarily, is to make them insolent, and the rest discontent. Id.

See what extraordinary armies have been transmitted thither, and what ordinary forces maintained there. Davies.

It will be better for a man who is doubtful of his pay to take an ordinary silver piece with its due stamp upon it, than an extraordinary gilded piece which may perchance contain a baser metal under it. Herbert.

Without the sovereign influence of God's extraordirary and immediate grace, men do very rarely put off all the trappings of their pride, till they who are about them put on their winding sheet. Clarendon.

True wisdom is a thing very extraordinary. Happy are they that have it: and next to them, not those many that think they have it, but those few that are sensible of their own defects and imperfections, and know that they have it not.

Tillotson.

The house was built of fair and strong stone, not affecting so much any extraordinary kind of fineness, as an honourable representing of a firm stateliness. Sidney.

The Indians worshipped rivers, fountains, rocks, or great stones, and all things which seemed to have something extraordinary in them. Stillingfleet,

I had rather see some women praised extraordinarily, than any of them suffer detraction. Dryden. He quotes me right; and I hope all his quotations, wherein he is so extraordinarily copious and elaborate, Howel.

are so.

The temple of Solomon was a type, and therefore was so extraordinarily magnificent; otherwise perhaps a cheaper structure might have been as serviceable. Wilkins's Mathematical Magick.

I chuse some few either for the extraordinariness of

their guilt, or the frequency of their practice. Government of the Tongue.

The excellent Mr. Boyle was the person who seems to have been designed by nature to succeed to the labours and inquiries of that extraordinary genius I have just mentioned. Spectator.

I ran over their cabinet of medals, but don't remember to have met with any things in it that are extraordinary rare. Addison. But we should not judge of ourselves by that which is unusual or extraordinary with us. Mason.

We know nothing, or next to nothing, of the substance or structure of our souls, so cannot account for those seeming caprices in them, that one should be particularly pleased with this thing, or struck with that, which, on minds of a different cast, makes no extraordinary impression. Burns.

CHARLES S. And there are two brothers of his, William and Walter Blunt, Esqrs. both members of parliament, and noted speechers, and what's very extraordinary, I believe, this is the first time they were ever bought or sold.

Sheridan.

EXTRAPARO'CHIAL, adj. Lat. extra and parochia. Not comprehended within any parish. provincia. Not within the same province; not EXTRAPROVIN'CIAL, adj. Lat. extra and within the jurisdiction of the same archbishop.

An extraprovincial citation is not valid, ultra duas diætas, above two days' journey: nor is a citation valid that contains many conditions manifestly inconvenient. Ayliffe's Parergon.

EXTRAREG'ULAR, adj. Lat. extra and regula. Not comprehended within a rule.

His providence is extraregular, and produces strange things beyond common rules: and he led Israel through a sea, and made a rock pour forth water. Taylor's Rule of Living Holy.

EXTRAVAGANCE, or
EXTRAVAGANCY, n. s.
EXTRAVAGANT, adj. & n. s.
EXTRAVAGANTLY, adv.
EXTRAV'AGATE, V. n.
EXTRAVʼAGATION, n. s.

Old Fr. extravagance, extrava, gant; Ital. estravagante; Span. and Port. extravagante; Lat ertravagans, extravagantis, extra and vagor, vagari, to wander. Transgression of due bounds; eccentricity; irregularity: hence excessive expense; waste. Extravagant, as a substantive, means a stroller, one who confines himself to no regula occupation or rule of life. To extravagate is to wander out of limits.

At this warning
The extravagant and erring spirit hies
To his confine.

Shakspeare, Hamlet,

[blocks in formation]

He that is extravagant will quickly become poor, and poverty will enforce dependence, and invite corruption. Johnson.

Laws cannot prevent extravagance; and perhaps it is not always an evil to the public. A shilling spent idly by a fool may be picked up by a wiser person, who knows better what to do with it; it is, therefore, not lost. Franklin,

I do not justify all the extravagations of the mob. Smollet.

EXTRAVAGANTES, decretal epistles, published after the Clementines; so called, because at first they were not ranged with the other papal

[blocks in formation]

Aliment, too viscous, obstructing the glands, andİ by its acrimony corroding the small vessels of the lungs, after a rupture and extravasation of blood, easily produces an ulcer. Id.

EXTRAVASATION, in contusions, fissures, depressions, fractures, and other accidents of the cranium, is when one or more of the blood-vessels, that are distributed in the dura mater, are broke or divided, whereby there is such a discharge of blood as greatly oppresses the brain, and disturbs its office; frequently bringing on vislent pains, &c.; and at length death itself, unless the patient is timely relieved. See MEDICINE and SURGERY.

EXTRAVE'NATE, adj. Lat. extra and vene, a vein. Let out of the veins.

That there is a magnetick way of curing wounds, by anointing the weapon; and that the wound is affected in like manner as is the extravenate blood by the sympathetick medicine as to matter of fact, is with circumstances of good evidence asserted.

Glanville's Scepsis. EXTRAVER'SION, n. s. Lat. extra and versio, a turning. The act of throwing out; the state of being thrown out.

Nor does there intervene heat to afford them any colour to pretend that there is made an extraversion of the sulphur, or of any of the two other supposed principles. Boyle.

participle from extract; as distraught from disEXTRA'UGHT, part. This is an obsolete

tract. Extracted.

Sham'st thou not, knowing whence thou art etraught,

To let thy tongue detect thy base born heart.

Shakspeare.

EXTREME', adj. & n.s. Old Fr. extreme ; EXTREM'EST, adj. Lat. extremus, the EXTREME LY, adv. last, final. CorEXTREMITY, n. s. Johnson says, by a superlative termination, as rupted, as Dr. it has in itself the superlative signification." Last; greatest; of the highest degree; urgent; rigorous: as a substantive, the last point or re sort; the greatest or highest degree; extravagance of conduct: extremity is partly synonymous with extreme as a substantive; but it is applied to the constituent parts of things more commonly; to violence of passion, excess or aggravation of disease; the termination of life.

The Lord shall smite thee with a fever, an inflammation, and an extreme burning. Deut. xxviii. 22.

If thou be extreme to mark what is amiss, O Lord, who shall abide it? Psalms.

O fayrest virgin! full of heavenly light, Whose wondrous faith, exceeding earthly race, Was firmest fixt in myne extremest case.

Spenser. Faerie Queene. Why should not the same laws take good effect on that people, being prepared by the sword, and brought under by extremity? Spenser.

With equal measure she did moderate The strong extremities of their outrage. Id. Cases of necessity being sometime but urgent, sometime extreme, the consideration of publick utility is urged equivalent to the easier kind of necessity.

[blocks in formation]

Stood on the extremest verge of the swift brook, Augmenting it with tears. Id. As You Like It. The true Protestant religion is situated in the golden mean: the enemies unto her are the extremes on either hand. Bacon.

They thought it the extremest of evils to put themselves at the mercy of those hungry and disorderly people. id. It is a harder matter to endure in extreme want, than to obey a hard commandment.

Bp. Hal's Contemplations. He promised, if they should be besieged, to relieve them before they should be reduced to extremity.

Clarendon.

Thither by harpy-footed furies haled, At certain revolutions, all the damned Are brought; and feel by turns the bitter change Of herce extremes, extremes by change more fierce; From beds of raging fire to starve in ice Their soft ethereal warmth, and there to pine Immoveable, infixed, and frozen round Periods of time; thence hurried back to fire.

Milton. In its proper colour it is inclining to white, excepting the extremities or tops of the wing-feathers, which are black. Browne.

Suppose any person for our sake willingly should deprive himself of all his estate, his honour, his ease and pleasure, should expose himself to extremest hazards, should we not then be monstrously ungrateful, if we did not most deeply resent such kindness.

[merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors]

She might hear, not far from her, an extremely doleful voice; but so suppressed with a kind of whispering note, that she could not conceive the words distinctly. Sidney.

Miseno's cape and Bauli last he viewed, That on the sea's extremest borders stood.

Addison.

A man of wit may extremely affect one for the present, but if he has not discretion, his merit soon vanishes away. Steele.

The extremity of pain often creates a coldness in the extremities; but such a sensation is very consistent with an inflammatory distemper.

Arbuthnot on Diet.

They sent fleets out of the Red Sea to the extremities of Ethiopia, and imported quantities of precious goods. Arbuthnot.

Avoid extremes, and shun the faults of such Who still are pleased too little, or too much.

Pope. Whoever sees a scoundrel in a gown, reeling home at midnight, apt to be extremely comforted in his own vices. Swift.

[ocr errors]

Alas! this day First gave me birth, and (which is strange to tell) The fates e'er since, as watching its return, Have caught it as it flew, and marked it deep With something great, extremes of good or ill. Young's Busiris.

The idea of uniting all parties, of trying all characters, and distributing the offices of state by rotation, was gracious and benevolent to an extreme. Junius.

At last he had drawn so much of this money, that I was extremely alarmed at what might become of me, should he fail to make good the deficiency. Franklin.

An extreme rigour is sure to arm every thing against it, and at length to relax into a supine neglect.

Burke.

Ideas consist of synchronous motions or configuradons of the extremities of the organs of sense; these when repeated by sensation, volition, or association, are either simple or complex, as they were first excited by irritation; or have afterwards some parts abstracted from them, or some parts added to them. Darwin.

This tendency to insubordination forms no part of the temper or character of the people; the contrary Sheridan. disposition is even carried to an extreme.

Chained to excess, the slave of each extreme. How woke he from the wildness of that dream? Alas! he told not-but he did awake

To curse the withered heart that would not break. Byron.

And at this moment, when thousands of misguided but most unfortunate fellow-countrymen are struggling with the extremes of hardship and hunger, as your. charity began abroad, it should end at home. Id.

Id.

White as a white sail on a dusky sea, When half the horizon's clouded and half free, Fluttering between the dun wave and the sky, Is hope's last gleam in man's extremity. EXTRICATE, v. a. Į Lat. ertrico, er and EXTRICATION, n. s. trica, hindrances. To disembarrass; free from hindrances or perplexity. Crude salt has a taste not properly acid, but such as predominates in brine; and it does not appear that this acid spirit did as such pre-exist in the salt whence it was obtained, so that we may suppose it to have been rather by transmutation than extrication. Boyle.

We run into great difficulties about free created agents, which reason cannot well extricate itself out of.

Locke.

« PreviousContinue »