pass some future bill in their favour, than be the occasion of retarding or defeating the security which the present bill was calculated to afford to the liberties of their country. Their patriotism produced soon afterwards a bill for their relief from the penal laws; but the parliament was prorogued, through the resentment of the court, to prevent its passing: and when, notwithstanding this, a bill in favour of the dissenters did afterwards pass both houses, and lay ready for the royal assent, the court ventured upon a very extraordinary expedient: the clerk of the crown was ordered to convey away the bill, and, accordingly, it was never afterwards to be found. The particular test of receiving the sacrament according to the rites of the church of England was calculated to exclude the papists rather than the protestant dissenters; as it was no uncommon thing for the latter, at that time, to receive the sacrament occasionally in the church of England, in order to express their charity towards it, as a part of the church of Christ. If it had been the design of the legislature to exclude all from civil offices, but those who have a real affection for the constitution and worship of the church, it is apprehended they would have appointed the test to be, not merely once taking the sacrament at church, but a stated and constant conformity to its religious services. Furneaux's Letters to judge Blackstone, p. 133. See NONCONFORMISTS and TOLERATION.

TESTACEA, in zoology, the third order of the class vermes or worms, including molluscæ, covered with calcareous habitations or shells, which they carry about with them; themselves producing, and often penetrating calcareous bodies. Like insects, they are multiplied into a vast number of species and varieties; and both in their forms and colours exhibit splendid examples of the power of the almighty Artificer.

TESTA CEOUS. a. (testaceus, Latin.) 1. Consisting of shells; composed of shells. 2. Having continuous, not jointed shells: opposed to crustaceous (Woodward).

TESTAMENT, TESTAMENTUM, in law, a solemn and authentic act, whereby a person declares his will, as to the disposal of his estate, effects, burial, &c.

Testaments, according to Justinian and sir Edward Coke, are so called because they are testatio mentis; an etymon, says judge Blackstone, which seems to savour too much of the conceit, it being plainly a substantive derived from the verb testari. The definition of the old Roman lawyers is much better than their etymology; voluntatis nostræ justa sententia de eo, quod quis post mortem suam fieri velit, i. e. the legal declaration of a man's intentions, which he wills to be performed after his death. It is called sententia, to denote the circumspection and prudence with which it is supposed to be made it is voluntatis nostræ sententia, because its efficacy depends on its declaring the testator's intention, whence in England it is emphatically styled his will: it

is justa sententia, that is, drawn, attested, and published with all due solemnities and forms of law: it is de eo, quod quis post mortem suam fieri velit, because a testament is of no force till after the death of the testator. Blackstone's Com. vol. ii.

TESTAMENTS (Old and New), in religious technology, the respective portions of the revealed will of God, which were published before and after the advent of the Messiah. The word testament here, however, as well as in Luke xxii. 20. and 1 Cor. xi. 25. is an improper rendering from the old Latin versions. The Greek word is dann, which may far more properly be rendered covenant than testament or will. The old covenant, to which the new is opposed, cannot with any propriety be called a testament, with reference to the death of any testator, though that is the idea chiefly insisted on by those who prefer the word testament. See BIBLE, CANON, &C.

TESTAMENTARY. a. (testamentarius, Latin.) Given by will; contained in wills (Atterbury).

TE'STATE. a. (testatus, Latin.) Having made a will (Ayliffe).

TESTATOR. s. (testator, Latin.) One who leaves a will (Taylor).

TESTA TRIX. s. (Latin.) A woman who leaves a will.

TESTE, in law, a word generally used in the conclusion of every writ, wherein the date is contained, and begins with teste meipso, &c. in case it is an original writ; or, if only judicial, then with teste, naming the chief justice of the bench whence the writ issues.

TE'STED. a. (from test.) Tried by a test (Shakspeare).

TESTER. s. (teste, French, a head.) 1. A sixpence (Pope). 2. The cover of a bed. TESTES CEREBRI See TUBERCULA QUADRIGEMINA.

TESTICLE. (testis.) Two small oval bodies situated within the scrotum, and covered by a strong, white, and dense coat, called tunica albuginea testis. Each testicle is composed of small vessels, bent in a serpentine direction, arising from the spermatic artery, and convoluted into little heaps, separated from one another by cellular partitions. In each partition there is a duct receiving semen from the small vessels; and all the ducts constitute a net which is attached to the tunica albuginea. From this net-work twenty or more vessels arise, all of which are variously contorted, and, being reflected, ascend to the posterior margin of the testis, where they unite into one common duct, bent into serpen tine windings, and forming a hard body called the epididymis. The spermatic arteries are branches of the aorta. The spermatic veins empty themselves into the vena cava and emulgent vein. The nerves of the testicle are branches of the lumbar and great intercostal nerve.

semen.

The use of the testicle is to secrete the

TESTICLE (Swelled). See ORCHITIS.

TESTICULUS. (testis.) A small testicle. TESTICULUS CANINUS. See SATYRION. TESTIFICATION. s. (testificatio, Latin, from testify.) The act of witnessing (Hooker). TESTIFICATOR. s, (from testificor, Latin.) One who witnesses.

TESTIFIER. s. (from testify.) One who

testifies.

To TESTIFY. v. n. (testificor, Latin.) To witness; to prove; to give evidence (Milton). To TE'STIFY. v. a. To witness; to give evidence of any point (John).

TESTILY. ad. (from testy.) Fretfully; peevishly; morosely.

TESTIMONIAL. s. (testimonial, French; testimonium, Latin.) A writing produced by any one as an evidence for himself (Burnel).

TESTIMONY. s. (testimonium, Latin.) 1. Evidence given; proof by witness (Dryden). 2. Public evidences (Millon). 3. Open attestation; profession (Milton).

To TE'STIMONY. v. a. To witness not used (Shakspeare).

TESTINESS. s. (from testy.) Moroseness; peevishness (Locke).

TESTIS. (testis, a witness, the testes being the witnesses of our manhood.) Two prominences of the brain are called testes from their supposed resemblance. See TESTICLE. TESTUDINATED. a. (testudo, Latin.) Roofed; arched,

TESTUDINEOUS. a. (testudo, Latin.) Resembling the shell of a tortoise.

TESTUDO, in zoology, a genus of the class amphibia, order reptilia. Body tailed, covered above and beneath with a bony or coriaceous shell, or scales above; upper jaw inclosing the lower, like the lid of a box, Thirty-five species, scattered over the globe. They are thus subdivided:

A Legs fin-shaped, the foremost longer than the rest: constituting the tribe of marine turtles. Four species.

B. Feet palmate; shell joined to the chest by a membrane, and propped on each side in the middle by two processes of the rest. These include the tribe of river turtles.

C. Feet clavate, clawed; shell convex, joined to the chest by bony commissures. The tribe of land tortoises. All these are held in abomination by the Persians; are very fertile; and in the egg state the prey of many ravenous animals; feed on worms; the marine ones on sea-weeds, and when tamed will eat almost any thing; are extremely slow, and in copulation frequently adhere together a month: are capable of exist ing a long time in noxious air; and so tenacious of life, that if the head be cut off, or the chest opened, they will live several days: the land tribe are torpid during the winter in cold climates. The shell consists of two connected Jamina; the upper convex, covered with scutels, which, of the disk, are thirteen, of the margin twenty-four; the lower concave, particularly in the male, obtuse on the fore-part, and

notched behind, divided by sutures into scutels; between the two laminæ is an anterior aper. ture for the head and arms, and a posterior one for the tail and thighs.

We shall select a few specimens from each division. The following are from the division A.

1. T, mydas. Green turtle. Fore-feet twoclawed; hind-feet solitary; shell oval. Four other varieties, as follow: 6. Claws pointed, one on each foot. y. Beak like the bill of a goose. . Beak like the bill of a fowl. . Plate of the shell very large.

The green turtle, so named not on account of its being externally of that colour, but from the green tinge which its fat frequently exhibits when the animal is taken in its highest state of perfection, may be considered as one of the largest of this genus, often measuring above five feet in length, and weighing more than five or six hundred pounds. Its shell is of a somewhat heart-shaped form, or pointed at the extremity, and consists of thirteen dorsal segments or divisions surrounded by twentyfive marginal pieces. Its colour is a dull, palish brown, more or less variegated with deeper undulations, but not exhibiting those strong and beautiful colours which so peculiarly distinguish that of the testudo imbricata, or hawk's bill turtle, which affords the tortoise shell for ornamental purposes, and in various manufactures, having neither sufficient strength nor beauty; but so much is the flesh esteemned, that the inhabitants of the West Indian islands have long considered it as one of the most excellent articles of food, and have gradually succeeded in introducing a similar taste among some of the European nations. In our own country, in particular, it is in the highest estimation, and is regularly imported in considerable quantities to supply the luxury of the metropolis. The introduc tion of the green turtle, as an article of luxury, into England, is of no very distant date, and, perhaps, can hardly be traced much farther thau about 50 or 60 years backward. reality, so little was the nature of the sea tortoises understood by the Europeans before that period, that the different kinds were in general confounded by navigators, whose accounts relative to their character as a food varied according to the species which they happened to take for that purpose; some insisting that the turtle was a coarse and unpalatable diet, while others considered it as of the highest degree of excellence.

In

"Of the sea turtles," says Catesby, "the most in request is the green turtle, which is esteemed a most wholesome and delicious food. It receives its name from the fat, which is of a green colour." Sir Hans Sloane informs us, in his History of Jamaica, that forty sloops are employed by the inhabitants of Port Royal, in Jamaica, for the catching them. The markets are there supplied with turtle as ours are with butcher's meat. The Bahamians carry many

of them to Carolina, where they turn to good account; not because that plentiful country wants provisions, but they are esteemed there as a rarity, and for the delicacy of their flesh. They feed on a kind of grass, growing at the bottom of the sea, commonly called turtle grass. The inhabitants of the Bahama islands, by often practice, are very expert at catching turtles, particularly the green turtle. In April they go in little boats to Cuba and other neighbouring islands, where in the evening, especially in moonlight nights, they watch the going and returning of the turtle to and from their nests, at which time they turn them on their backs, where they leave them, and proceed on, turning all they meet; for they cannot get on their feet again when once turned. Some are so large that it requires three men to turn one of them. The way by which the turtle are most commonly taken at the Bahama islands is by striking them with a small iron peg of two inches long, put in a socket, at the end of a staff twelve feet long. Two men usually set out for this work in a little light boat or canoe, one to row gently and steer the boat, while the other stands at the head with his striker. The turtle are sometimes discovered by their swimming with their head and back out of the water, but they are often discovered lying at the bottom, a fathom or more deep. If a turtle perceives he is discovered, he starts up to make his escape: the men in the boat pursuing him, endeavour to keep sight of him, which they often lose, and recover again by the turtle putting his nose out of the water to breathe thus they pursue him, one paddling or rowing, while the other stands ready with his striker. It is sometimes half an hour before he is tired: then he sinks at once to the bottom, which gives them an opportunity of striking him, which is by piercing him with an iron peg, which slips out of the socket, but is fastened with a string to the pole. If he is spent and tired by being long pursued, he tamely submits, when struck, to be taken into the boat or hauled ashore. There are men who by diving will get on their backs, and by pressing down their hind parts, and raising the fore part of them by force, bring them to the top of water, while another slips a noose about their necks.

Though the green turtle is a native of the West Indian seas, yet it is sometimes driven by storms out of its usual residence, and instances have occurred in which it has been taken on the coasts of Europe. An occurrence of this kind is said, by the count de Cepede, to have happened in France; a turtle having been taken at Dieppe, in the year 1752, which weighed between eight and nine hundred pounds, and was almost six feet in length, and four wide. It may, however, be doubted whether this animal was not rather a caretta or loggerhead than a green turtle. Another, of still larger size, is also said to have been taken on the coast of France, about two years afterwards.

"The sea tortoises, or turtles in general,"

says Catesby, "never go on shore but to lay their eggs, which they do in April: they then crawl up from the sea above the flowing of high water, and dig a hole above two feet deep in the sand, into which they drop in one night above a hundred eggs, at which time they are so intent upon nature's work, that they regard none that approach them; but will drop their eggs into a hat, if held under them; but if they are disturbed before they begin to lay, they will forsake the place, and seek another. They lay their eggs at three, and sometimes at four different times; there being 14 days be tween every time; so that they hatch and creep from their holes into the sea at different times also. When they have laid their com plement of eggs, they fill the hole with sand, and leave them to be hatched by the heat of the sun, which is usually performed in about three weeks. It may be proper to add, that the eggs are about the size of tennis balls, round, white, and covered with a smooth parchment-like skin.

Plates

2. T. caretta. Loggerhead turtle. of the back gibbous behind; fore and hind feet two-clawed.

In its general appearance this species most resembles the preceding; but is distinguished by the superior size of the head, the propor tional breadth of the shell, and by its deeper and more variegated colours, resembling those of the testudo imbricata, or hawk's bill; but its principal mark of distinction consists in the number of dorsal segments or scutella of the shell, which, instead of thirteen, as in other species, amount to fifteen; the lateral as well as the middle range containing five pieces, of which the two superior are considerably smaller than the rest. The fore feet are very large and long; the hind feet much shorter, though broad. This animal inhabits the same seas with the green turtle, but is also diffused into very remote latitudes, being often found in the Mediterranean, and, in particular, about the coasts of Italy and Sicily. Considered in a commercial view, it is of little or no value; the flesh being coarse and rank, and the lamina or plates of the shell too thin for general use. It is said, however, to afford a good quantity of oil, which may be used for lamps, &c. The loggerhead turtle is a very strong and fierce animal, and is even dangerous; defending itself with great vigour withr its legs, and being able to break the strongest shells and other sub stances with its mouth. Aldrovandus assures us, that on offering a thick walking-stick to one which he saw publicly exhibited at Bo logna, the animal bit it in two in an instant.

The loggerhead turtles," says Catesby, "are the boldest and most voracious of all turtles ; their flesh is rank, and therefore little sought for, which occasions them to be more numerous than any other kind. They range the ocean over, an instance of which, among many others that I have known, happened on the 20th of April, 1725, in lat. 30 degrees north; when our boat was hoisted out, and a loggerhead turtle struck as it was sleeping on the surface of

the water: this, by our reckoning, appeared to be the midway between the Azores and the Bahama islands; either of which places being nearest land it could come from, or that they are known to frequent; there being none on the north continent of America farther north than Florida. It being amphibious, and yet at so great a distance from land in the breeding time, makes it the more remarkable. They feed mostly on shell fish, the great strength of their beaks enabling them to break very large shells, as the large buccinums and trochi." 3. T. imbricata. Hawk's bill turtle. This species is named imbricata from the peculiar disposition of its scales or laminæ, which commonly lap over each other at their extremities, in the manner of tiles on the roof of a building. The outline of the shell, viewed from above, is more heart-shaped than in other sea tortoises, and terminates more acutely; each of the middle row of scales on the back is also of a sharpened form at the tip, more especially in the young or half grown animal, and has a ridge or carina down the middle: the head is smaller in proportion than in other turtles; the neck longer; and the beak narrower, sharper, and more curved, so as to bear no inconsiderable resemblance to the bill of a hawk, from which circumstance the animal derives its common or popular name of the hawk's bill turtle. The fore legs are longer than in the rest of the tribe; and it is said, that when turned or laid on its back, the animal is enabled, by their assistance, to reach the ground in such a manner as to recover its former situation, which no other turtle can do. In old specimens, the neatness of the shell, and the well defined outline of the scales, are occasionally impaired, and this seems to be one principal reason of its having been sometimes confounded with the caretta, or loggerhead turtle. The hawk's bill turtle is a native of the Asiatic and American seas, and is sometimes, though less frequently, found in the Mediterranean. Its general length seems to be about three feet, from the tip of the bill to the end of the shell; but it has been known to measure five feet in length, and to weigh five or six hundred pounds, In the Indian ocean in particular, specimens are said to have occurred of prodigipus magnitude.

The shell of this animal was anciently used for a shield, and still serves for that purpose among baroarous nations. The flesh is in no estimation as food; the lamellæ or plates of the shell, which are far stronger, thicker, and clearer, than in any other kind, constituting the sole value of the animal, and affording the substance particularly known by the name of tortoise shell: they are semi-transparent, and most elegantly variegated with whitish, yellowish, reddish, and dark brown clouds and undulations, so as to constitute, when properly prepared and polished, one of the most elegant articles for ornamental purposes. See TORTOISE SHELL. The natural or general number of the dorsal pieces is thirteen; the mar ginal row consisting of twenty-five smaller

pieces. This external coating is raised or separated from the bony part, which it covers, by placing fire beneath the shell; the heat soon causing the plates to start, so as to be easily detached from the bone. These plates vary in thickness, according to the age and size of the animal, and measure from an eighth to a quarter of an inch in thickness. A large turtle is said to afford about eight pounds of tortoise shell,

In order to bring tortoise shell into the particular form required on the part of the artist, it is steeped in boiling water till it has acquired a proper degree of softness, and immediately afterwards committed to the pressure of a strong metallic mould of the figure required; and where it is necessary that pieces should be joined, so as to compose a surface of considerable extent, the edges of the respective pieces are first scraped or thinned, and being laid over each other during their heated state, are committed to a strong press, by which means they are effectually joined or agglutinated. These are the methods also by which the various ornaments of gold, silver, &c. are occasionally fixed to the tortoise shell. The Greeks and Romans appear to have been pe culiarly partial to this elegant ornamental article, with which it was customary to decorate the doors and pillars of their houses, their beds, &c. &c. In the reign of Augustus this species of luxury seems to have been at its height in Rome. "The Egyptians," says Mr. Bruce, in the supplement to his Travels,

dealt very largely with the Romans in this elegant article of commerce. Pliny tells us that the cutting them for fineering or inlaying was first practised by Corvilius Pollio, from which we should presume that the Romans were ignorant of the art of separating the lamina by fire placed in the inside of the shell when the meat is taken out; for these scales, though they appear perfectly distinct and separate, do yet adhere, and oftener break than split, when the mark of separation may be seen distinctly." Martial, Juvenal, and Apuleius, all allude to it as an inlay for beds, or rather bed-posts or pillars. When Alexandria was taken by Julius Cæsar, the magazines were so full of this material, that the conqueror proposed to employ it instead of ivory, which he employed on another occasion, as the chief ornament of his triumph. There is some doubt, however, whether the species figured and alluded to by Mr. Bruce is the real tes tudo imbricata: in several essential points it seems to differ considerably.

The following appertain to the section B, or river turtles.

4. T. ferox. Shell cartilaginous, oval; feet three-clawed; nostrils tubular, prominent. Head subtregonal, narrowed before, dilated behind; neck long, thick; eyes contiguous; eyelids broad, lax; pupil narrow; iris citron; each jaw consists of one bone; upper lip broader than the lower; nose like the snout of a mole, but soft, thin, pellucid, cartilaginous; arms thick, stout, and, with the hands, covered