Изображения страниц
PDF
EPUB

matters, that an act of parliament appointing that all crimes of a certain denomination shall be tried before certain judges, doth not exclude the jurisdiction of this court, without express negative words; and therefore it hath been resolved, that stat. 33 H. 8. c. 12. which enacts, that all treasons, &c. within the king's house, shall be determined before the lord steward of the king's house, &c. doth not restrain this court from proceeding against such offences. 2 Inst. 549; 2 Jones, 53. But where a statute creates a new offence which was not taken notice of by the common law, and erects a new jurisdiction for the punishment of it, and prescribes a certain method of proceeding, it seems questionable how far this court has an implied jurisdiction in such a case. 1 Sid. 296; 2 Hawk. P. C. c. 3. § 6.

This court, by the plenitude of its power, may as well proceed on indictments removed by certiorari out of inferior courts, as on those originally commenced here, whether the court below be determined, or still in esse, and whether the proceedings be grounded on the common law, or on a statute making a new law concerning an old offence. Dals. 25; 44 E. 3. 31 b; Cromp. Juris. 131.

But the Court of King's Bench will not give judgment on a conviction in the inferior court, where the proceedings are removed by certiorari, but will allow the party to waive the issue below, and to plead de novo, and to go to trial upon an issue joined in B.R. Carth. 6.

Nor can a record, removed into the King's Bench from an inferior court, regularly be remanded after the term in which it came in; yet if the court perceives any practice in endeavouring to remove such record, or that it is intended for delay, they may, in discretion, refuse to receive it, and remand it back before it is filed. 2 Hawk. P. C. c. 3. § 7. and several authorities there cited.

Also by the construction of the statutes, which give a trial by nisi prius, the King's Bench may grant such a trial in cases of treason or felony, as well as in common cases, because for such trial, not the record, but only a transcript, is sent down. 4 Inst. 74; Raym. 364; 2 Hawk. P. C. c. 3. § 7.

And by stat. 6 H. 8. c. 6. it is enacted, "That the King's Bench have full authority, by discretion, to remand as well the bodies of all felons removed thither, as their indictments, into the counties where the felonies were done; and to command the justices of gaol delivery, justices of the peace, and all other justices, to proceed thereon after the course of the common law, as the said justices might have done if the said indictments and prisoners had not been brought into the said King's Bench." This act extends not to high treason. Raym. 367; 2 Hawk. P. C. c. 3. § 8, 9.

As the judges of this court are the sovereign justices of oyer and terminer, gaol delivery, conservators of the peace, &c. as also the sovereign coroners, therefore, where the sheriff and coroners may receive appeals by bill, à fortiori the judges may; also this court may admit persons to bail in all cases, according to their discretion. 4 Inst. 73; 9 Co. 118b; 4 Inst. 74; Vaugh. 157.

In the county where the King's Bench sits, there is every term a grand inquest, who are to present all criminal matters arising within that county, and then the same court proceeds upon indictments so taken; or if, in vacation, there be any indictment of felony before the justices of peace of oyer and terminer or gaol delivery there sitting, it may be removed by certiorari into B. R. and there they proceed de die in diem, &c. 2 Hale's Hist. P. C. 3.

It may award execution against persons attainted in parliament, or any other court, when the record of their attainder, or a transcript, is removed, and their persons brought thither by habeas corpus. Cro. Car. 176; Cro. Jac. 495. Pardons of persons condemned by former justices of gaol delivery, ought to be allowed in B. R., the record and prisoner being removed thither by certiorari and habeas corpus. 2 Hawk. P. C. c. 6. § 19.

Into the court of B. R. indictments from all inferior courts and orders of sessions, &c. may be removed by certiorari; and inquisitions of murder are certified of course into this court, as it is the supreme court of criminal jurisdiction; hence also issue attachments for disobeying rules or orders, &c. 4 Inst. 71, 72.

III. On the first division of the courts it was intended to confine the jurisdiction of the Court of King's Bench to matters merely criminal, and accordingly soon afterwards it was enacted by Magna Charta, c. 11. that common pleas should not follow the king's court, but be held in a certain place; hence it was, that the Court of King's Bench could not determine a mere real action. 17 Edw. 3. 50; 1 Rol. Abr. 536, 537.

But notwithstanding common pleas could not be immediately holden in Banco Regis, yet where there was a defect in the court where by law they were holden originally, they might be holden in B. R.; as if a record came out of the Common Pleas by writ of error, there they might hold pleas to the end; so where the plea in a writ of right was removed out of the county by a pone in B. R. on a writ of mesne replevin, &c. 2 Inst. 23; 4 Inst. 72, 113; and see Saund. 256; Show. P. C. 57.

On the plea side or civil branch, this court has an original jurisdiction and cognizance of all actions of trespass or other injury alleged to be committed vi et armis; of actions for forgery of deeds, maintenance, conspiracy, deceit, and actions on the case which allege any falsity or fraud; all of which savour of a criminal nature, although the action is brought for a civil remedy, and make the defendant liable in strictness to pay a fine to the king, as well as damages to the injured party.

So any action vi et armis, where the king is to have fine, as ejectment, trespass, forcible entry, &c. being of a mixed nature, may be commenced in B. R. 2 Inst. 23.

The same doctrine was afterwards extended to all actions on the case whatsoever. F. N. B. 86, 92; 1 Lil. Prac. Reg. 503. But no action of debt or detinue, or other mere civil action, could by the common law be prosecuted by any subject in this court, by original writ out of Chancery. 4 Inst. 76; Tyre's Just. Filezar, 110. Though an action of debt, given by statute, may be brought in the King's Bench as well as in the Common Pleas. Carth. 234. And yet this court might always have held plea of any civil action (other than actions real) provided the defendant was an officer of the court, or in the custody of the marshal or prison keeper of this court, for a breach of the peace or any other offence. 4 Inst. 71. And in process of time, it began, by a fiction, to hold plea of all personal actions whatsoever, and continued to do so for ages; it being surmised that the defendant was arrested for a supposed trespass, which he never had in reality committed; and being thus in the custody of the marshal of this court, the plaintiff was at liberty to proceed against him for any other personal injury; which surmise of being in the marshal's custody, the defendant was not at liberty to dispute. See 4 Inst. 72.

Also any officer or minister of the court entitled to the privilege thereof, might be there sued by bill in debt, covenant, or other personal action. 2 Inst. 23; 4 Inst. 71; 2 Bulst. 123.

From hence, as we hinted before, the notion arose that if a man was taken up as a trespasser in the King's Bench, and there in custody, they might declare against him in debt, covenant, or account; for this likewise was a case of privilege, since the Common Pleas could not procure the prisoners of the King's Bench to appear in their court, and therefore it was an exception out of Magna Charta. 4 Inst. 71; Cro.

Car. 330.

This court is likewise a court of appeal, into which may be removed, by writ of error, the determinations of all in

ferior courts of record in England (excepting the courts of
London, of the Cinque Ports, and of a few other places,)
and to which a writ of error also lay from the Court of
King's Bench in Ireland, previous to the stat. 23 G. 3. c. 28.
See title Ireland.

Formerly a writ of error lay from the Common Pleas into
the Court of King's Bench, but this was altered by the 1 W. 4.
c. 70. See further title Error.

The Court of King's Bench, as it is the highest court of
common law, hath not only power to reverse erroneous judg-
ments for such errors as appear the defect of the under-
standing, but also to punish all inferior magistrates and all
officers of justice, for wilful and corrupt abuses of their au-
thority against the obvious principles of natural justice; the
instances of which are so numerous, and so various in their
kinds, that it seems needless to attempt to insert them.
2 Hawk. P. C. c. 3. §10; Vaugh. 157; 1Salk. 201.

This court grants writs of habeas corpus to relieve persons wrongfully imprisoned, and may bail any person whatsoever. See titles Bail, Habeas Corpus. Writs of mandamus are granted by this court, to restore officers in corporations, colleges, &c. unjustly turned out, and freemen wrongfully disfranchised; also writs and informations in the nature of quo warranto against persons or corporations usurping franchises and liberties against the king, and on misuser of privileges to seize the liberties, &c. In this court also the king's letters-patent may be repealed by scire facias, &c. Prohibitions are likewise issued from this court to keep inferior courts within their proper jurisdiction. See these several titles.

IV. The officers on the crown side are, the king's coroner and attorney, commonly called the clerk of the crown or master of the crown office; the secondary; the clerk of the rules; the examiner; calendar-keeper; and clerks in court, The officers on the plea side are, the chief clerks; secondary or master; their deputy; marshal; clerk of the rules; clerk of the papers; clerk of the day-rules; clerk of the dockets; clerk of the declarations; clerk of the bails, posteas, and escheats; signer of writs; signer of the bills of Middlesex; custos brevium; clerk of the upper treasury; clerk of the outer treasury; filacer; exigenter, and clerk of the outlawries; clerk of the errors; deputy marshal; marshal and associate to the chief justice; train-bearer; clerk of the Nisi Prius in London and Middlesex; clerks of the Nisi Prius to the different counties appointed by the custos brevium; crier at Nisi Prius in London and Middlesex; receiver-general of the seal office; criers; ushers; tipstaffs. In this court there were formerly two ways of proceeding, viz. by original writ or by bill. Now by the Uniformity of Process Act (2 W. 4. c. 34.) personal actions can no longer be commenced in this or any of the superior courts of Westminster, by original writ, but must be brought upon the writs given by that act. See title Process.

KINGELD (rather King-geld.) Escuage or royal aid. As in a charter of King Henry II. to the abbot and monks of Mireval. Mon. Ang. i. 380.

KING'S BENCH PRISON for providing relief for the poor prisoners confined in the King's Bench, Fleet, and //3 Marshalsea prisons. See 53 G. 3. c. 13. For the limits of the rules of the prison, see Reg. Gen. 3 T. R. 584; 7 T. R. 82; and 6 East, 2.

KING'S HOUSEHOLD or Civil List. See title King V. KING'S PALACE. The limits of the king's palace at Westminster extend from Charing Cross to Westminster Hall, and shall have such privileges as the ancient palaces. Stat. 28 H. 8. c. 12. The stat. 33 H. 8. c. 12. whereby any person striking another in the king's palace, should have his right hand cut off, be imprisoned during life, and also be fined, was repealed by the 9 G. 4. c. 31. § 1. See tit. Striking.

KING'S PREROGATIVE. See title King, V., &c. KING'S SILVER, the money which was paid to the king, in the Court of Common Pleas, for a licence granted to a man to levy a fine of lands, tenements, or hereditaments to another person; and this must have been compounded according to the value of the land, in the alienation office, before the fine would pass. 2 Inst. 511; 6 Rep. 39, 43. See title Fine of Lands.

KING'S STORES. See tit. Public Stores.
KING'S SWAN-HERD. See Swan-herd.
KINTAL. See Quintal.

KINTLIDGE, a term used among merchants and seafaring persons for a ship's ballast. Merch. Dict.

KIPE, [from Sax. Cypa.] A basket or engine made of osiers, broad at one end, and narrower by degree, used in Oxfordshire and other parts of England, for the taking of fish; and fishing with those engines is called kipping. This manner of fishing with baskets of the same kind and shape, is practised by the barbarous inhabitants of Ceylon, in the East Indies, as appears in the relation and figure of it given by Mr. Knox, in his Travels, p. 28.

KIPPER-TIME. No salmon shall be taken between Gravesend and Henley-upon-Thames in kipper-time, viz. between the Invention of the Cross (May 3) and the Epiphany. Rot. Parl. 50 Edw. 3; Cowell. See title Fish.

KIRBY'S QUEST. An ancient record remaining with the remembrancer of the Exchequer; so called from its being the inquest of John de Kirby, treasurer to King Edward I. KIRK-MOTE. See Chirchgemot.

KNAVE. An old Saxon word, which had at first a sense of simplicity and innocence, for it signified a boy; Sax. cnapa; whence a knave-child, i. e. a boy, as distinguished from a girl in several old writers: "a knave-child between them two they gate." Gower's Poems, p. 52, 106; and Wickliffe, in his old translation; Exod. i. 16; if it be a knavechild, i. e. a son or male child. After, it was taken for a servant boy, and at length for any servant man; also it was applied to a minister or officer that bore the weapon or shield of his superior, as scild-knapa, whom the Latins call armiger, and the French escuyer. See the old statute 14 Edw. 3. c. 3. And it was sometimes, of old, made use of as a titular addition; as Johannes C. filius Willielmus C. de Derby, knave, &c. 22 H. 7. 36. In the vision of Piers Plowman, "cokes and her knaves cryden hotes pyes hote," i. e. cooks and their boys, or skullions. Cowell. The present use of the word to denote a false, dishonest, or deceitful fellow, has arisen by long perversion.

KNAVESHIP. A portion of grain, given to the servant at the mill where it is ground, from tenants of lands bound to grind there. Scotch Dict. See Thirlage.

KNIGHT, [Saxon, cnyt; Latin, miles ;] and eques auratus. From the gilt spurs he usually wore, and thence called anciently knights of the spur. The Italians term them cavalieri; the French chevaliers; the Germans, ruyters; the Spaniards, cavallaros, &c.

Blackstone remarks, that it is observable that almost all nations call their knights by some appellation derived from a horse. 1 Comm. 404. Christian in his note on this place adds, that it does not appear the English word knight has any reference to a horse; for knight, or cniht, in the Saxon signified puer servus, an attendant. See Spelm. in vv. Knight, Miles. There is now only one instance where it is taken in that sense, and that is knight of a shire, who properly serves in parliament for such a county; but in all other instances it signifies one who bears arms, who, for his virtue and martial prowess, is by the king, or one having his authority, exalted above the rank of a gentleman, to a higher degree of dignity. The manner of making them, Camden, in his Britannia, thus shortly expresseth: Nostris verò temporibus, qui equestrem dignitatem suscipit, flexis genibus leviter in humero percutitur, princeps his verbis Gallicè affatur; sus

prehended by the sheriff of the county where he was suspected to be, and lie hid.

As this writ is in effect abolished by the Uniformity of Process Act, 2 Wm. 4. c. 39. by which a writ of summons is made the only process for commencing non-bailable actions, and a writ of capias the process for commencing those where the defendant is arrested, it is unnecessary further to expound the law relating to latitats, which will be found at large in Mr. Tidd's Book of Practice, 9th ed.

For other matters connected with and explanatory of the subject of this title, see Ac-etiam, Capias, Common Pleas, King's Bench, Practice, Process, &c.

LATRO [Latrocinium.] He who had the sole jurisdiction de latrone in a particular place; it is mentioned in Leg. Wm. 1. See Infangthef.

LAVATORIUM. A laundry, or place to wash in. Applied to such a place in the porch or entrance of cathedral churches, where the priest and other officiating members were obliged to wash their hands, before they proceeded to Divine service. See Liber Statut. Eccl. Paul. London. MS. f. 59. LAVERBREAD. In the county of Glamorgan, and some other parts of Wales, they make a sort of food of a sea-plant, which seems to be the oyster-green, or sea liverwort; and this they call laverbread.

LAVINA. See Labina.

LAUDARE. To advise or persuade. Leg. Edw. Confess. c. 39; Hoveden, 729. Laudare signifies also to arbitrate; and laudator, an arbitrator. Knight, 25, 26.

LAUDUM. An arbitrament or award. Walsingham, 60. LAUNCEGAYS. A kind of offensive weapons now disused, and prohibited by the 7 Rich. 2. c. 13.

LAUND or LAWND [landa.] An open field without wood. Boun.

LAURELS. Pieces of gold coined in the year 1619, with the king's head laureated, which gave them the name of laurels; the twenty-shilling pieces whereof were marked with XX., the ten shillings X., and the five shilling piece with V. Camd. Annal. Jac. 1. MS.

LAW [Sax. lag; Lat. lex, from lego, or legendo, choosing; or rather à ligando, from binding.] The rule and bond of men's actions; or it is a rule for the well-governing of civil society, to give to every man that which doth belong to him. Law, in its most general and comprehensive sense, is thus defined by Blackstone, in the Commentaries: A rule of action; and is applied indiscriminately to all kinds of action, whether animate or inanimate, rational or irrational. And it is that rule of action which is prescribed by some superior, and which the inferior is bound to obey. 1 Comm. Introd. § 2. Laws in their more confined sense, and in which it is the business of works of this nature to consider them, denote the rule, not of action in general, but of human action or conduct. And this perhaps (it has been acutely observed) is the only sense in which the word law can be strictly used; for in all cases where it is not applied to human conduct, it may be considered as a metaphor, and in every instance a more appropriate term (as quality or property) may be found. When law is applied to any other object than man, it ceases to contain two of its essential ingredients, disobedience and punishment. 1 Comm. Introd. § 2, and Mr. Christian's notes there.

Municipal law is by the same great commentator defined to be "A rule of civil conduct prescribed by the supreme power in a state, commanding what is right, and prohibiting what is wrong." The latter clause of this sentence seems to Mr. Christian to be either superfluous or defective. If we attend to the learned judge's exposition, perhaps we may be inclined to use the words "establishing and ascertaining what is right or wrong;" and all cavil or difficulty will vanish. See I Comm. 43-53.

Every law may be said to consist of several parts: Declaratory, whereby the rights to be observed, and the wrongs

to be eschewed, are clearly defined and laid down: Directory, whereby the subject of a state is instructed and enjoined to observe those rights, and to abstain from the commission of those wrongs: Remedial, whereby a method is pointed out to recover a man's private rights or redress his private wrongs: Vindicatory, which imposes the sanction whereby it is signified what evil or penalty shall be incurred by such as commit any public wrongs, and transgress or neglect their duty. See 1 Comm. 53.

According to Bracton, Lex est sanctio justa, jubens honesta et prohibens contraria: And the schoolman says, Lex humana est quoddam dictamen rationis, quo diriguntur humani actús. This law is rectum, as it discovers that which is crooked or wrong: And justa requires five properties; possibilis, necessaria, conveniens, manifesta, nullo privato commodo. 2 Inst 56, 587.

Laws are arbitrary or positive, and natural; the last of which are essentially just and good, and bind every where and in all places where they are observed: Arbitrary laws are either concerning such matter as is in itself morally indifferent, in which case both the law and the matter, and subject of it, is likewise indifferent, or concerning the natural law itself, and the regulating thereof; and all arbitrary laws are founded in convenience, and depend upon the authority of the legislative power which appoints and makes them, and are for maintaining public order. Those which are natural laws are from God; but those which are arbitrary, are properly human and positive institutions. Selden on Fortescue, c. 17.

The laws of any country began, when there first began to be a state in the land: and we may consider the world as one universal society, and then that law by which nations were governed, is called jus gentium: if we consider the world as made up of particular nations, the law which regulates the public order and right of them, is termed jus publicum and that law which determines the private rights of men, is called jus civile. Selden, ubi supra.

No law can oblige a people without their consent; this consent is either verbis or factis, i. e. it is expressed by writing, or implied by deeds and actions; and where a law is grounded on an implied assent, rebus et factis, it is either common law or custom; if it is universal, it is common law ; and if particular to this or that place, then it is custom. 3 Salk. 112.

The law in this land hath been variable; the Roman laws were in use anciently in Britain, when the Romans had several colonies here, each of which was governed by the Roman laws: afterwards we had the laws called Merchenlage, West Saxonlage, and Danelage; all reduced into a body, and made one by King Edw. Confess. Magna Charta, c. 1. & 14: Camd. Britan. 94.

At present the laws of England are divided into three parts: 1. The common law, which is the most ancient and general law of the realm, and common to the whole kingdom; being appropriate thereto, and having no dependance upon any foreign law whatsoever. See Common Law.

2. Statutes or acts of parliament, made and passed by the king, lords, and commons in parliament; being a reserve for the government to provide against new mischiefs arising through the corruption of the times: and by this the common law is amended where defective, for the suppression of public evils; though where the common law and statute law concur or interfere, the common law shall be preferred. See Statutes.

3. Particular customs; but they must be particular, for a general custom is part of the common law of the land. Co. Lit. 15, 115. See Custom.

Blackstone divides the municipal law of England into two kinds, lex non scripta, the unwritten or common law; and the lex scripta, the written, that is, the statute law.

The lex non scripta, or unwritten law, includes not only

and Scotland being both prisoners in the tower of London at one time, first erected this order, A. D. 1350, (see infrà,) from the Countess of Salisbury's dropping her garter, in a dance before his majesty, which the king taking up, and seeing some of his nobles smile, he said, Honi soit qui mal y pense, interpreted, "Evil (or shame) be to him that evil thinketh;" which has ever since been the motto of the garter; declaring such veneration should be done to that silken tie, that the best of them should be proud of enjoying their honours that way.

Camden in his Britannia saith, that this order of knights received great ornament from King Edward IV. And King Charles I. as an addition to their splendour, ordered all the knights companions to wear on their upper garment, the cross encircled with the garter and motto. The honourable society of this order is a college or corporation, having a great seal, &c.

The site of the college is the royal castle of Windsor, with the chapel of St. George, and the chapter-house in the castle, for their solemnity on St. George's day, and at their feasts and installations.

At a chapter held 3d June, 1786, the number of knights was fixed at twenty-five, exclusive of the sovereign and the sons of his majesty and his successors, who had been or should be elected.

Besides the above number, and one extra knight, (Earl Grey,) most of the sovereigns of Europe belong to this order, which holds the highest rank among the British orders of knighthood, and is second to none in the world in dignity. Attached to the order are a dean and canons, &c. and twenty-six poor knights, that have no other subsistence but the allowance of this house, which is given them in respect of their daily prayer to the honour of God and St. George, and these are vulgarly called Poor Knights of Windsor. There are also certain officers belonging to the order, as prelate of the garter, which office is inherent to the Bishop of Winchester for the time being; the chancellor of the garter, the Bishop of Sarum ; register, always Dean of Windsor; the principal king at arms, called garter, to manage and marshal their solemnities, and the usher of the garter, being likewise usher of the black rod.

A knight of the garter wears daily abroad, a blue garter, decked with gold, pearl, and precious stones, on the left leg; and in all places of assembly, upon his coat on the left side of his breast, a star of silver embroidery; and the picture of St. George enamelled upon gold, and beset with diamonds, at the end of a blue ribbon that crosses the body from the left shoulder; and when dressed in his robes, a mantle, collar of SS., &c.

KNIGHTS OF THE ORDER OF ST. JOHN OF JERUSALEM, [Milites Sancti Johannis Hierosolymitani.] Were an order of knighthood, that began about A. D. 1120, Honorius being pope. They had their denomination from John the charitable patriarch of Alexandria, though vowed to St. John the Baptist, their patron ; Fern's Glory of Generosity, p. 127. They had their primary abode in Jerusalem, and then in the Isle of Rhodes, until they were expelled thence by the Turks, A. D. 1523. Their chief seat subsequently was in the Isle of Malta, where they performed great exploits against the Infidels, especially in the year 1595. They continued to hold the latter island until 1798, when they surrendered it to Buonaparte, then on his way to Egypt, from whom it was afterwards taken by this country. They lived after the order of Friars, under the rule of St. Augustine, of whom mention is made in the stats. 25 H. 8. c. 2; 26 H. 8. c. 2. They had in England one general prior that had the government of the whole order within England and Scotland; Reg. Orig. fol. 20; and was the first prior in England, and sat in the House of Lords. But towards the end of Henry VIII.'s days they in England and Ireland, being found to adhere to the pope too much against the king,

|

See

were suppressed, and their lands and goods given to the
king, by stat. 32 H. 8. c. 24. For the occasion and propaga-
tion of this order more especially described, see the treatise
entitled The Book of Honour and Arms, lib. 5. c. 18.
also titles Hospitallers, Templars, and the succeeding articles.
KNIGHTS OF MALTA. These knights took their
name and original from the time of their expulsion from
Rhodes, A. D. 1523. The island of Malta was then given
them by the Emperor Charles V. whence they were therefore
called Knights of Malta. See the preceding article.

KNIGHT MARSHALL, [Mareschallus Hospiti Regis.] An officer of the king's house, having jurisdiction and cognizance of transgressions within the king's house, and verge of it; as also of contracts made within the same house, whereto one of the house is a party. Reg. of Writs, fol. 185 a, and 191 b, and Spelm. Gloss. in voce Mareschallus. See Constable, Marshal.

KNIGHTS OF RHODES. The knights of St. John of Jerusalem, after they removed to Rhode island. See stat. 32 H. 8. c. 24. and ante, title Knights of the Order of St.

John.

KNIGHTS OF THE SHIRE, [Milites Comitatus.] Otherwise called knights of parliament; two knights or gentlemen of worth, chosen on the king's writ, in pleno comitatu, by the freeholders of every county that can dispend 40s. a year; and these, when every man that had a knight's fee was customarily constrained to be a knight, were obliged to be milites gladio cincti, for so runs the writ at this day; but now notabiles armigeri may be chosen. Their expenses were formerly borne by the county, during their sitting in parliament, under stat. 35 H. 8. c. 11. They are to have 600l. per annum freehold estate, &c. See stat. 9 Ann. c. 5. By the Reform Act (2 W. 4. c. 45.) many counties have been divided into two districts for the return of knights of the shire, others have had an additional member given to them, and the constituencies of all have been greatly increased, and are no longer confined to freeholders, but are extended to copyholders and leaseholders. See further title Parliament. KNIGHTS TEMPLARS. See Templars, Hospitallers, and ante, Knights of St. John, &c.

KNIGHTS OF THE THISTLE. The most ancient Order of the Thistle was instituted by King Achias, was revived by King James II. in 1679, and was re-established by Queen Anne, 31st December, 1703. It is limited to the sovereign and eleven knights, but there is at present five extra knights. Its officers are a dean, Lord Lyon, king of arms, secretary, and gentleman usher of the green rod. The knights wear a green ribbon over their shoulders, and were otherwise honourably distinguished.

KNIGHTS OF ST. PATRICK. The most illustrious Order of St. Patrick was instituted by King George III. February, 1763. 'It consists of the sovereign, a grand master, (who is the lord lieutenant of Ireland for the time being,) and fourteen knights; besides which, there are at present six extra knights.

The officers of this order are a prelate, (the Archbishop of Armagh,) a chancellor, (the Archbishop of Dublin,) a registrar, (the Dean of St. Patrick,) with a secretary, genealogist, usher of the black rod, and Ulster king of arms attending the order.

These two last orders obtain no rank in England. See title Precedency.

KNIGHTS OF ST. MICHAEL AND ST. GEORGE. This order was instituted 27th April, 1818, for the United States of the Ionian Islands, and for the ancient sovereignty of Malta and its dependencies, under the name and title of the most distinguished Order of St. Michael and St. George. It consists of the sovereign, a grand master, (the Duke of Cambridge,) eight knights grand crosses, twelve knights commanders, and twenty-four knights, exclusive of British subjects, holding high and confidential employment in the

to see lessened. But the delay imputed to, rather than |
suffered in, courts of justice, and the multiplication of cases
and determinations, are a price which every free and opulent
commercial nation must pay for the innumerable blessings
it enjoys, under such a government as that long established
in this country.
See Montesquieu's Spirit of Laws, lib. vi. c. 2.
LAW-DAY, [Lagedayum. Called also View of Frank-
pledge or court-leet; was any day of open court, and com-
monly used for the courts of a county or hundred.

LAWING OF DOGS. The cutting off several claws of the fore-feet of dogs, in the forest. See Forest.

LAWLESS-COURT. A Court held on King's Hill, at Rochford in Essex, on Wednesday morning next after Michaelmas-Day yearly, at cock-crowing; at which court they whisper and have no candle, nor any pen and ink, but a coal; and he that owes suit or service there, and appears not, forfeits double his rent. This court is mentioned by Camden, who says, that this servile attendance was imposed on the tenants, for conspiring at the like unseasonable time to raise a commotion. Camd. Britan. It belongs to the honour of Raleigh, and is called Lawless, because held at an unlawful hour, or quia dicta sine lege. The title of it is in rhyme, and in the court rolls runs thus :

King's-hill in
Rochford.

'}

SS.

Curia de Domino Rege,
Dicta sine lege,
Tenta est ibidem

Per ejusdem consuetudinem,
Ante ortum solis
Luceat nisi polus,
Senescallus solus
Nil scribit nisi colis
Toties voluerit
Gallus ut cantaverit,
Per cujus soli sonitus
Curia est summonitus;
Clamat clam pro rege
In curia sine lege,
Et nisi citò venerint
Citius poenituerint,

Et nisi clam accedant
Curia non attendat.

Qui venerit cum lumine erat in regimine

Et dum sunt sine lumine, capti sunt in crimine,

Curia sine cura.

Jurata de injuria.

law, allowed by our laws where it is not against the common law, nor the statutes and customs of the kingdom; and regularly according to such ecclesiastical or spiritual laws, the bishops and other ecclesiastical judges proceed in causes within their cognizance. Co. Lit. 344. It was also called Law Christian, and, in opposition to it, the common law was often called Lex Terrena, &c. See Canon Law, Courts Eccle

siastical.

LAW OF THE STAPLE, [mentioned in 27 Edw. 3. st. 2. c. 22.] Is the same with Law Merchant. See 4 Inst. 237, 238, and tit. Staple.

LAY-CORPORATIONS.

LAWYER [Legista, Legispiritus, Jurisconsultus. By the Saxons called lahman.] A counsellor, or one learned in the law. See Attorney, Barrister. Are of two sorts, civil and eleemosynary. The civil are such as are erected for a variety of temporal purposes. The eleemosynary sort are such as are constituted for the perpetual distribution of the free alms or bounty of the founder of them to such persons as he hath directed. See Corporation.

LAY INVESTITURE of BISHOPS. Election was, in very early times, the usual mode of elevation to the episcopal chair throughout all Christendom; and this was promiscuously performed by the laity as well as the clergy, till at length, it becoming tumultuous, the emperors and other sovereigns of the respective kingdoms of Europe took the appointment in some degree into their own hands; by reserving to themselves the right of confirming these elections, and of granting investiture of the temporalities, which now began almost universally to be annexed to this spiritual dignity; without which confirmation and investiture the elected bishops could neither be consecrated nor receive any secular profits. This right was acknowledged in the Emperor Charlemagne, A. D. 773, by Pope Hadrian I. and the council of Lateran, and universally exercised by other Christian princes: but the policy of the Court of Rome at the same time began by degrees to exclude the laity from any share in these elections, and to confine them wholly to the clergy, which at length was completely effected; the mere form of election appearing to the people to be a thing of little consequence, while the crown was in possession of an absolute negative, which was almost equivalent to a direct right of nomination. Hence the right of appointing to bishoprics is said to have been in the crown of England (as well as other kingdoms in Europe) even in the Saxon times: because the rights of confirmation and investiture were in effect (though not in form) a right of complete

Tenta ibidem die Mercurii (ante diem) proximi post festum donation. But when, by length of time, the custom of making Sancti Michaelis, anno regni regis, &c.

c. 11.

LAWLESS MAN. [Exlex.] An outlaw. Bract. lib. 3. LAW OF MARQUE, [from the Germ. march, i. e. limes.] Is where they that are driven to it do take the shipping and goods of that people of whom they have received wrong, and cannot get ordinary justice in another territory, when they can take them within their own bounds and precincts. 27 Edw. 3. st. 2. c. 17. See Letter of Marque.

LAW MARTIAL. See Courts Martial. LAW MERCHANT, [lex mercatoria.] A special law differing from the common law of England, proper to merchants, and part of the law of the realm. And the charta mercatoria, 13 Edw. 1. st. 3. grants this perpetual privilege to merchants coming into this kingdom. See also 27 Edw. 3. st. 2. cc. 2. (repealed) 13. 17. 19. 20.; Co. Lit. 182; and tit. Custom of Merchants.

LAW PROCEEDINGS. Of all kinds, as writs, processes, pleadings, &c. are to be in the English language, by 4 Geo. 2. c. 26; 5 Geo. 2. c. 27. Except known abbreExcept known abbreviations and technical terms, 6 Geo. 2. c. 14. See Pleadings, I. 3.

LAW SPIRITUAL, [lex spiritualis.] The ecclesiastical

elections by the clergy only was fully established, the popes began to except to the usual method of granting those investitures, which was per annulum et baculum, by the prince's delivering to the prelate a ring, and pastoral staff or crosier; pretending that this was an encroachment on the church's authority, and an attempt by these symbols to confer a spiritual jurisdiction: and Pope Gregory VII., towards the close of the eleventh century, published a bull of excommunication against all princes who should dare to confer investitures, and all prelates who should venture to receive them. This was a bold step towards effecting the plan then adopted by the Roman see, of rendering the clergy entirely independent of the civil authority; and long and eager were the contests occasioned by this papal claim. But at length, when the Emperor Henry V. agreed to remove all suspicion of encroachment on the spiritual character, by conferring investitures for the future per sceptrum, and not per annulum et baculum; and when the kings of England and France consented also to alter the form in their kingdoms, and receive only homage from the bishops for their temporalities, instead of investing them by the ring and crosier, the Court of Rome found it prudent to suspend for a while its other pretensions.

This concession was obtained from King Henry I. in England, by means of that obstinate and arrogant prelate Arch

« ПредыдущаяПродолжить »