I speak not of God's determining his own will, but his predetermining the acts of our will. There is as great difference betwixt these two, as betwixt my willing a lawful thing myself, and my inducing another man to do that which is unlawful. Id. Milton.

Id.

Dryden.

How can hearts not free serve willing? Thou to me Art all things under heaven, all places thou, Who for my wilful crime art banished hence. The silent stranger stood amazed to see Contempt of wealth, and wilful poverty. Another branch of their revenue still Remains, beyond their boundless right to kill, Their father yet alive, impowered to make a will. Id. Constraint, in all things, makes the pleasure less; Sweet is the love which comes with willingness. Id. That is not hastily to be interpreted obstinacy or wilfulness which is the natural product of their age.

Locke.

A man that sits still is said to be at liberty, because

he can walk if he wills it.

Id.

The condition of that people is not so much to be envied, as some would willingly represent it. Addison.

Go, then, the guilty at thy will chastise. Pope. Can any man trust a better support, under affliction, than the friendship of Omnipotence, who is both able and willing, and knows how to relieve him? Bentley.

Let the circumstances of life be what or where they will, a man should never neglect improvement. Watts. The WILL is that faculty of the mind by which it embraces or rejects any thing offered to it. See METAPHYSICS.

A WILL or Testament is the legal declaration of a man's intentions of what he wills to be performed after his death;' a will or testament being of no force till after the death of the testator, or person making it. Properly a will is limited to

land, and a testament only to personal estate; and the latter requires executors. Upon the notion that a devise of land by will is merely a species of conveyance, is founded the following distinction between such devises, and dispositions of personal estate; that a devise of a man's goods and personal property will operate upon all such personal estate as the maker of the will dies possessed of, at whatever distance of time he may die after making the will. But a devise of real estate will only operate on such estates as were his at the time of executing and publishing his will; so that freehold lands, purchased after making the will, cannot pass under any devise in that will, unless the will shall have been legally and formally republished subsequent to the purchase or contract.

These wills and testaments are divided into two sorts; first, written; and, secondly, Verbal, or Nuncupative.

The law also takes notice of a particular gift, in the nature of a will, made by any one in contemplation of immediate death, which is called Donatio causâ mortis; a gift in prospect of death. This is, where a man, being ill, and expecting to die, gives and delivers something to another, to be his in case the giver dies; but, if he lives, he is to have it again. In every such gift, there must be a delivery made by the giver himself, or some person by his order, in his last sickness, while he is yet alive; for the gift will not be good if the delivery is made after his death. This delivery, however, may be made either to the person himself, for whom the gift is intended, or to some other for his use, which will be equally effectual, so as it is made in the life-time of the party giving. For the cautions of the law respecting Nuncupative wills, see TESTAMENT.

No stamp duty whatever is imposed on wills; but the probate or letters of administration are charged with certain duties, in proportion to the value of the deceased's personal property. will may therefore be written or executed, by the testator, on unstamped parchment or paper.

A

A codicil is a supplement to a will, or an addition made by the person making the will, annexed to, and to be taken as part of the will itself, being for its explanation or alteration; to add something to, or to take something from, the former dispositions; or to make some alteration in the quantity of the legacies, or the regulations contained in the will. This codicil may also be either written or verbal, under the same restrictions as regard wills. Whenever a codicil is added to a will or testament, and the testator declares that the will shall be in force, in such case, if the will happens to be void, for want of the forms required by law in the execution, or otherwise, yet it shall be good as a codicil, and shall be observed by the administrator. And, though executors cannot regularly be appointed in a codicil, yet they may be substituted in the room of others named in the will, and the codicil is still good. If codicils are regularly executed and witnessed, they may be proved as wills; and so, if they are found written by the testator himself, they ought to be taken as part of the will, as to the personal estate, and proved in common form by witnesses, to be the hand writing of the person making the codicil, and by giving an account when, where, and how the same was found.-Burn. Eccl. Law.

If two wills are found, and it does not appear which was the former or latter, both are void; so,

Though the statute has required that the witnesses to the will shall witness it in the testator's presence (in order to prevent obtruding another will in the place of the true one), yet it is enough that the testator might see the witnesses; it is not necessary that he should see them siguing; for otherwise, if a man should but turn his back, or look off, it might make the will void. And in a case where the testator desired the witnesses to go into another room seven yards distant, to witness the will; in which room there was a window broken, through which the testator might see them; it was, by the court, adjudged to be a witnessing in his presence. So where the testator's carriage was drawn opposite the windows of an attorney's office, in which the witnesses attested the will; this was clearly determined to be in the testator's presence.-1 Bro. C. R. 99. But if a will is executed at one time, and at another time, afterwards, the witnesses put their names to it, the testator being then insensible, this will not be a good will, as it cannot be said to be witnessed in his presence, if he is unconscious of what is passing.

A will made beyond sea, of lands in England, must be attested by three witnesses.

Before passing the act 55 Geo. III. c. 192, a will devising copyhold land, witnessed by one or two witnesses, or even without any witness at all, was held sufficient to declare the uses of a surrender of such copyhold lands made to the use of a will.-2 Atk. 37: 2 Bro. C. R. 58. But an equitable estate of copyhold will pass by devise without surrender.-1 Bro. C. R. 481. A copyhold or customary estate, the freehold of which is in the lord and not in the tenant, and which passes by surrender and admittance, was held to be neither within sect. 5, of the statute of frauds, 29 Car. II, c. 3, so as to require to a devise thereof the signature of the party, or the attestation of witnesses; nor within sect. 7 of that act, as a declaration of trust requiring to be proved by a writing signed by the party, which applies only to cases where the legal and equitable estates are separated; or by a will in writing, which must be understood only of such a will of lands as the statute recognises; viz. by a will attested by three witnesses. The court of King's Bench held that such estate might well pass by instructions for a will taken in writing by another in the presence and by the oral dictation of the party, without any signature or attestation; and which was established as a will by the ecclesiastical court granting probate thereof; and which is a good will by the statute of wills (32 Hen. VIII. c. 1); the estate having been surrendered to the use of the last will of the party in writing. Such estates passing not by the will alone, but by the will and surrender taken together.-7 East's Rep. 299.

WILL WITH A WISP, n. s. Jack with a lan

tern.

Will with the wisp is of a round figure, in bigness like the flame of a candle; but sometimes broader, and like a bundle of twigs set on fire. It sometimes gives a brighter light than that of a wax candle; at other times more obscure, and of a purple colour. When viewed near at hand, it shines less than at a distance. They wander about in the air, &c. Muschenbroek. Will-a-wisp misleads night-faring clowns O'er hills and sinking bogs.

WILLAC. See VILLAC.

Gay.

WILLAN (Robert), M. D., a medical writer of eminence, born near Sedburgh, in Yorkshire, in 1757, was the son of a physician who belonged to the sect of the Friends; and studied at Edinburgh, where he took his degree as M. D. in 1780. Soon after he settled in practice at Darlington in Durham, whence he removed to London, and was appointed physician to a dispensary in Carey Street. In 1791 he became a fellow of the Antiquarian Society; his death took place in 1812, at Madeira, whither he had gone for the recovery of his health. Dr. Willan was the author of the History of the Ministry of Jesus Christ, 1782, 8vo.; and published, among various medical works, a valuable treatise on Cutaneous Diseases, 4to., illustrated with engravings.

WILLIAM DE NANGIIS, a monkish historian of the fourteenth century. He was author of two Chronicles; 1. A Chronical from the Creation of the World to his own time. 1301; 2. A Chronicle of the Kings of France.

Ac

WILLIAM OF MALMSBURY, an historian of considerable merit in the reign of king Stephen. cording to Bale and Pits, he was surnamed Somersetus, from the county in which he was born. From his own preface to his second book, De Regibus Anglorum, it appears that he was addicted to learning from his youth; that he applied himself to the study of logic, physic, ethics, and particularly to history. He retired to the Benedictine convent at Malmsbury, became a monk, and was made precentor and librarian; a situation which much favored his intention of writing the history of England. In this monastery he spent the remainder of his life, and died in 1142. He is one of our most ancient and most faithful historians. His capital work is that entitled De Regibus Anglorum, in five books; with an Appendix, which he styles Historiæ Novellæ, in two more. It is a judicious collection of whatever he found on record relative to England, from the invasion of the Saxons to his own times.

WILLIAM OF NEWBURY, SO called from a monastery in Yorkshire, of which he was a member, wrote a history which begins at the conquest, and ends at the year 1197. His Latin style is preferred to that of Matthew Paris; and he is entitled to particular praise for his honest regard to

truth.

WILLIAM OF WYKEHAM, bishop of Winchester, was born in the village of Wykeham, in Southampton, in 1324. He had his education at Winchester and Oxford. Having continued nearly six years in the university, his patron Nicholas Wedal, governor of Southampton, took him into his family, and appointed him his counsellor and secretary. Edington, bishop of Winchester, lord high treasurer of the kingdom, appointed him his secretary three years after, and also recommended him to king Edward III., who took him into his service. Being skilled in geometry and architecture, he was appointed surveyor of the royal buildings, and also chief justice in eyre. He superintended the building of Windsor Castle. He was afterward chief secretary of state, a keeper of the privy seal; and in 1367 succeeded Edington in the see of Winchester. A little after he was appointed lord high chancellor and president of the privy-council. In 1371 he resigned his chancellorship, and some time after the great seal. Edward being returned to England, after having

carried on a very successful war in France, found his exchequer in great disorder. The duke of Lancaster, one of his sons, at the head of several lords, having brought complaints against the clergy, who then enjoyed most posts in the kingdom, the king removed them from their employments. But the laymen who were raised to them behaved so ill that the king was forced to restore the ecclesiastics. The duke of Lancaster showed strong animosity to the clergy, and set every engine at work to ruin Wykeham. He impeached him of extortion, and of disguising things, and obliged him to appear at the king's beach. He got such judges appointed as condemned him; and, not satisfied with depriving him of all the temporalities of his bishopric, he advised Edward to banish him; but this prince rejected the proposal, and afterward restored to Wykeham all that he had been divested of. Richard II. was but eleven years old when Edward died; whereby the duke of Lancaster had an easy opportunity of reviving the accusations against the bishop of Winchester; nevertheless Wykeham cleared himself. Then he founded two noble colleges, the one in Oxford, the other in Winchester. Whilst he was exerting his utmost endeavours to improve these two fine foundations, he was recalled to court, and in a manner forced to accept of the office of lord high chancellor in 1389. Having excellently discharged the duties of that employment for three years, he obtained leave to resign it, foreseeing the disturbances that were going to break out. Being returned to his church, he finished his college, and built there so magnificent a cathedral that it almost equals that of St. Paul's in London. He laid out large sums in things advantageous to the public and to the poor; notwithstanding which, in 1397, he was in great danger; for he and some others were impeached of high treason in open parliament; however, he was again fully cleared. From that time till his death he kept quiet in his diocese, and there employed himself in all the duties of a good prelate. He died WILLIAMS (Anna), the daughter of a surgeon in South Wales, where she was born in 1706. She had the misfortune to lose her sight at thirty-four; and, her father having been unfortunate, she had no means of subsistence. She acquired a trifle by a translation of La Bletiere's Life of the Emperor Julian, to which she subjoined original notes. This publication fortunately brought her to the acquaintance of Dr. Samuel Johnson. Mr. Garrick gave her a benefit, which produced her £200 clear. In 1766 she published a volume of Miscellanies in Prose and Verse; which increased her little capital greatly. The doctor continued her unalterable friend to the last; and she died at his house in

in 1404.

1783.

WILLIAMS (Daniel), D. D., a celebrated presbyterian minister, born at Wrexham, in Denbighshire, in 1644. He went to Ireland and became chaplain to the countess of Meath. When the troubles broke out, in the end of James II.'s reign, he returned to London, in 1687; and became pastor of a congregation. In 1709 he received diplomas with the degree of D.D. from both the universities of Glasgow and Dublin. He founded the library in Redcross Street for dissenting minisHe died in 1716. His Sermons were printed

ters. in 5 vols.

WILLIAMS (John), D. D., an eminent English

prelate, born at Aber-Conway, in Caernarvonshire, in 1582, was educated at Ruthin school, Denbighshire, and St. John's College, Cambridge, where he graduated. In 1612 he became chaplain to the lord chancellor Egerton. He next became chaplain to king James I., who, in 1620, made him dean of Westminster, and in 1621 a member of privy council, bishop of Lincoln, and keeper of the great seal. After the accession of Charles 1. the great seal was taken from him: and he was prosecuted in the Star-chamber on a false charge of betraying the king's secrets; fined £10,000; and imprisoned in the tower above three years. In 1640 he was released by order of parliament, and in 1641 made archbishop of York. He was again sent to the Tower with some of his brethren, by the lords, for framing a protest against all proceedings in parliament while they were hindered by the mob from attending. When released he went to York; but, the civil war breaking out, he retired to Wales, where he died in 1650.

WILLIAMS (John), a learned and pious bishop, born in Northamptonshire, and educated at Magdalen Hall, Oxford. After the Restoration he was made rector of St. Mildred and a canon in St. Paul's cathedral. In 1689 he became chaplain to William and Mary, who gave him a prebend of Canterbury; and in 1696 made him bishop of Chichester. He published a volume of Sermons preached at Boyle's lectures; and several tracts against the Papists and Dissenters. He died in 1709.

WILLIAMS (Sir Charles Hanbury), K. B., a celebrated poet and statesman, the son of John Hanbury, esq., a director of the South Sea Company. He represented Monmouthshire in three successive parliaments; and in 1741 was installed a knight of the Bath. In 1746 he was sent ambassador to Prussia; and soon after went in the same character to Russia; whence he returned in 1759. He wrote several lively Poems; which are published in Dodsley's and other collections. He died in 1759, soon after his return to England.

WILLIAMSBURG, borough, James City, county Virginia; twelve miles west of Yorktown, and fifty-five east by south of Richmond. It is situated between two rivulets, one of which flows into York, and the other into James River. It is regularly laid out, and was formerly the metropolis of the state. It contains a state house, a court house, a jail, a hospital, a college, and an Episcopal church. The principal streets run parallel, and are crossed by smaller ones at right angles. The main street is about a mile long, terminated at one end by the old capital, and at the other by the college. The houses are mostly indifferent ones of wood, old, and decayed; and the town has for several years been on the decline. The college of William and Mary was founded here in 1691, in the time of king William, who gave it an endowment of about £2000 and 20,000 acres of land, together with a revenue of a penny a pound on tobacco exported to the plantations from Virginia and Maryland. To these other endowments were added, and the whole annual income of the college was formerly estimated at £3000. The income, at present, is greatly diminished. It formerly had The college edifice is a large misshapen pile of six professors, but at present only three or four. building, affording but indifferent accommodations for students. The library contains about 3000

able.

volumes, and the philosophical apparatus is valuWILLIS (Dr. Thomas), a celebrated English physician, was born at Great Bodwin, in Wiltshire, in 1621. He studied at Christ Church College, Oxford. When that city was garrisoned for the king, he, among other scholars, bore arms for his majesty, and devoted his leisure hours to the study of physic. The garrison of Oxford at length surrendering to the parliament, he applied himself to the practice of his profession, and soon rendered himself famous by his care and skill. He appropriated a room as an oratory for divine service according to the church of England, whither most of the loyalists in Oxford daily resorted. In 1660, he became Sedleian professor of natural philosophy, and the same year took the degree of doctor of physic. In 1664 he discovered the famous medicinal spring at Alstropp, near Brackley. He was one of the first members of the Royal Society, and soon made his name illustrious by his excellent writings. In 1666, after the fire of London, he removed to Westminster; and his practice became greater than that of any of the physicians, his contemporaries. He died in 1675, and was buried in Westminster Abbey. He wrote a treatise on the Plague, and several Latin works, which were collected at Amsterdam in 2 vols. 4to.

WILLIS (Browne), LL. D., the son of the doctor, was born at Blandford, in Dorsetshire, in 1682, and educated at Westminster, and at Christ Church, Oxford, where he graduated. He was one of the revivers of the Society of Antiquaries; and visited all the cathedrals, except Carlisle. He published A Survey of the Cathedrals of England and Wales, in 2 vols. 4to; also An Account of the Mitred Abbeys, 2 vols. 4to. He was elected M. P. for Buckinghamshire, and died in 1760, leaving his valuable cabinet of coins and MSS. to the university of Oxford.

WILLISON (David), a very popular Presbyte. rian clergyman, who was many years one of the established ministers of Dundee. He published A Sacramental Directory; and a Treatise on the Sanctification of the Sabbath, both in 8vo. He died at Dundee about 1750.

WILLOW, n. s. Sax. pelie; Wel. gwilou. WILLOWISH, adj. A tree worn by forlorn lovers of a willow color.

When heaven's burning eye the fields invades, To marshes he resorts obscured with reeds, And hoary willows which the moisture feeds. Sandys. Tell him, in hope he'll prove a widower shortly, I wear the willow garland for his sake.

Shakspeare.

study, he travelled over great part of Europe, with Mr John Ray. He died in 1672, aged thirtyseven; having impaired his health by his application. He wrote, i. Ornithologiæ libri tres, folio. 2. Historia Piscium libri quatuor, folio. 3. A volume of Letters. 4. Several ingenious papers in the Philos. Trans.

WILMINGTON, a borough and port of entry, Newcastle county, in the hundred of Christiana, Delaware, between the Brandywine and Christiana creeks, one mile above their confluence, and two west of the Delaware; five miles N. N. E. of Newcastle, twenty-eight south-west of Philadelphia, and seventy north-east of Baltimore. It is built on gently rising ground, the most elevated part of which is 112 feet above tide water, and its situation is pleasant and healthy. It is regularly laid out, the streets intersecting each other at right angles, and the houses are mostly of brick. It contains a town house, a spacious alms house, two market houses, three banks, a United States' arsenal, a Friend's boarding school for young ladies, a public library of about 1500 volumes, and ten houses of public worship: two for Presbyterians, two for Episcopalians, one for Friends, one for Baptists, one for Roman Catholics, one for Methodists, and two for Africans. A stone building was erected here for a college before the revolution, and a college was incorporated in 1803, but it has never gone into operation, and the building is appropriated for schools. Two semi-weekly newspapers are published here.

The Christiana is navigable as far as Wilmington for vessels drawing fourteen feet of water. The shipping owned here, in 1816, amounted to 9207 tons. The trade of the town is considerable; its exports consist chiefly in flour. It manufactures considerable quantities of leather. There is a bridge over the Brandywine, at the north entrance of the town, and another at the south entrance over the Christiana. The country around Wilmington is pleasant and finely situated. On the Brandywine, separated at a little distance from the body of the town, there is a village of about 100 houses, nearly one-half of which are included within the borough; and fourteen flour mills, the finest collection in the United States. The Brandywine and the Christiana, with their branches, afford a great

number of excellent seats for mills and manufactories. In 1815 there were included within a space of nine miles, around Wilmington, forty-four flour mills, thirteen cotton manufactories, fifteen saw mills, six woollen manufactories,six gunpowder mills, two paper mills, two snuff mills, and several other mills and manufactories.-Also a port of entry and capital of New Hanover county, North Carolina, on the east side of Cape Fear River, just below the confluence of the north-east and north-west branches, about thirty-five miles from the sea; ninety south-east of Fayetteville, ninety-three S.S.W. of Newbern. It contains a court house, a jail, an academy, two banks, a printing office, an Episco

this town, in 1816, amounted to 1,061,112 dollars. The exports of the whole state amounted only to 1,328,771 dollars. The shipping owned here, in 1816, amounted to 8952 tons. It is well situated for trade, but is accounted unhealthy. The harbour admits vessels of 300 tons, but the entrance is rendered dangerous and difficult by a large shoal. Opposite the town are two islands which