THE LAW-DICTIONARY, EXPLAINING THE RISE, PROGRESS, AND PRESENT STATE OF THE British Law: DEFINING AND INTERPRETING THE TERMS OR WORDS OF AND COMPRISING ALSO COPIOUS INFORMATION ON THE SUBJECTS OF TRADE AND GOVERNMENT. BY SIR THOMAS EDLYNE TOMLINS, KNT. OF THE INNER temple, BARRISTER AT LAW. The Fourth Edition, WITH EXTENSIVE ADDITIONS, EMBODYING THE WHOle of the RECENT ALTERATIONS IN THE LAW. BY THOMAS COLPITTS GRANGER, ESQ. OF THE INNER TEMPLE, BARRISTER AT LAW. IN TWO VOLUMES. VOL. II. LONDON: PRINTED FOR J. AND W. T. CLARKE; LONGMAN, REES, ORME, BROWN, GREEN, AND LONGMAN; S. BAGSTER; T. CADELL; THE LAW DICTIONARY. KEE KAIA. A key or wharf. Spelm. KAIAGIUM. Keyage; which see. Dict. KALENDE. Rural chapters or conventions of the rural deans and parochial clergy; so called because formerly held on the Kalends, or first day of every month. Paroch. Antiq. KALENDAR and KALENDS. See Calendar and Ca 640. lends. KANTREF. See Cantred. KARLE, Sax.] A man; and with any addition a servant or clown; as the Saxons called a domestic servant, a huskarle; from whence comes the modern word churl. Domesday. KARRATA FŒENI. A cart-load of hay. Mon. Ang. tom. 1. p. 548. See Carecta. KAY. See Key. KEBBARS, or Cullers.] The refuse of sheep drawn out of a flock; oves rejicula. Cooper's Thesaur. KEELAGE, killagium.] A privilege to demand money for the bottom of ships resting in a port or harbour. Rot. Parl. 21 Edw. 1. KEELMEN. Are mentioned among mariners, seamen, &c. in various statutes. See title Coals. KEELS. This word is applied to vessels used in the rivers of the north of England for the carriage of coals, &c. See Keyles. KEEP. A strong tower or hold in the middle of any castle or fortification, wherein the besieged made their last efforts of defence, was formerly in England called a Keep; and the inner pile within the castle of Dover, erected by King Henry II. about the year 1153, was termed the King's Keep: so at Windsor, &c. It seems to be something in the nature of that which is called abroad a Citadel. KEEPER OF THE FOREST, Custos Foresta.] Or chief warden of the forest, hath the principal government over all officers within the forest: and formerly warned them to appear at the court of justice-seat, on a general summons from the lord chief justice in eyre. Manwood, part 1. p. 156. See title Forest. Keeper of the GREAT SEAL, Custos magni sigilli.] Is a lord by his office, styled Lord Keeper of the Great Seal of England, and is of the King's Privy Council: through his hands pass all charters, commissions, and grants of the king under the great seal; without which seal many of those grants and commissions are of no force in law; for the king is by interpretation of law a corporation, and passeth nothing but by the great seal, which is as the public faith of the kingdom, in the high esteem and reputation justly attributed thereto. VOL. II. KER The great seal consists of two impressions, one being the very seal itself with the effigies of the king stamped on it; the other has an impression of the king's arms in the figure of a target, for matters of a smaller moment, as certificates, &c. that are usually pleaded sub pede sigilli. And anciently when the king travelled into France or other foreign kingdoms, there were two great seals; one went with the king, and another was left with the Custos Regni, or the Chancellor, &c. If the great seal be altered, the same is notified in the Court of Chancery, and public proclamations made thereof by the sheriffs, &c. 1 Hale's Hist. P. C. 171, 4. The Lord Keeper of the Great Seal, by statute 5 Eliz. c. 18, hath the same place, authority, pre-eminence, jurisdiction, and execution of laws, as the Lord Chancellor of England hath; and he is constituted by the delivery of the great seal, and by taking his oath. 4 Inst. 87. See Lamb. Archeion. 65; 1 Rol. Abr. 385, and this Dictionary, titles Chancellor; Great Seal of England. KEEPER OF THE PRIVY SEAL, Custos privati sigilli.] That officer, through whose hands all charters, pardons, &c. pass, signed by the king, before they come to the great seal and some things which do not pass the seal at all: he is also of the Privy Council; but was anciently called only Clerk of the Privy Seal; after which he was named Guardian del Privy Seal; and lastly, Lord Privy Seal, and made one of the great officers of the kingdom. See stat. 12 R. 2. c. 11; Rot. Parl. 11 H. 4; and 34 H. 8. c. 4. The Lord Privy Seal is to put the seal to no grant without good warrant; nor with warrant, if it be against law, or inconvenient, but that he first acquaint the King therewith. 4 Inst. 55. As to the fees of the clerks under the Lord Privy Seal, for warrants, &c. see stat. 27 H. 8. c. 11. See further this Dictionary, titles Grants of the King; Privy Seal. KEEPER OF THE TOUCH, mentioned in the ancient statute 12 H. 6. c. 14, seems to be that officer in the King's mint at this day called the Master of the Assay. See Mint. KEEPERS OF THE LIBERTIES OF ENGLAND. By authority of Parliament. See Custodes Libertatis. KENDAL, Concagium. An ancient barony. MS. c. 3. KERHERE. A custom to have a cart-way; or a commutation for the customary duty for carriage of the lord's goods. Cowell. KERNELLARE DOMUM, from Lat. Crena, a notch.] To build a house formerly with a wall or tower, kernelled with crannies or notches, for the better convenience of shooting arrows, and making other defence. Du Fresne derives this word from quarnellus or quadranellus, a four-square hole or notch; ubicunque patent quarnelli sive fenestra and this form of walls and battlements for military uses might posB KEVERE. A cover or vessel used in a dairy-house for milk or whey. Paroch. Antiq. 386. KEY, Kaia and caya, Sax. Leg. Teut. Kay, now generally spelled Quay, from the French quai.] A wharf to land or ship goods or wares at. The verb caiare, in old writers, signifies (according to Scaliger) to keep in, or restrain and so is the earth or ground, where keys are made, with planks and posts. Cowell. The lawful keys and wharfs for lading or landing goods belonging to the port of London, were Chester's Key, Brewer's Key, Galley Key, Wool Dock, Custom-house Key, Bear Key, Porter's Key, Sab's Key, Wiggan's Key, Young's Key, Ralph's Key, Dice's Key, Smart's Key, Somer's Key, Hammond's Key, Lyon's Key, Botolph Wharf, Grant's Key, Cock's Key, and Fresh Wharf; besides Billingsgate, for landing of fish and fruit; and Bridgehouse, in Southwark, for corn and other provision, &c. but for no other goods or merchandise. Deal boards, masts, and timber, may be landed at any place between Limehouse and Westminster, the owner first paying or compounding for the customs, and declaring at what place he will land them. Lex Mercat. 132, 133; stat. 13 & 14 Car. 2. c. 11. § 14; Rot. Scac. 19 Car. 2. These quays were some years ago purchased out of money advanced by government, with a view to the improvement of the port of London. See the acts 43 G. 3. c. cxxiv; 46 G. 3. c. 118. There is now a lawful wharf at Hungerford Market, for the landing of goods or merchandize, and passengers for steam-boats, &c. See 11 G. 4. c. 70. By the 7 & 8 G. 4. c. 29. s. 17. persons stealing goods or merchandize from any dock, wharf, or quay adjacent to any port of entry or discharge, navigable river, or canal, or to any creek, &c. may, on conviction, be transported for life, or not less than seven years, or imprisoned for not exceeding four years, and if males, whipped. KEYAGE, Kaiagium.] The money or toll paid for lading or unlading wares at a key or wharf. Rot. Pat. 1 Edw. 3. m. 10; 20 Edw. 3. m. 1. KEYLES or KEELS, Ciuli or Ciules.] A kind of longboats of great antiquity, mentioned in stat. 23 H. 8. c. 18. Spelm. KEYING. Five fells, or pelts, or sheeps-skins with their wool on them. Cowell. KEYUS, KEYS. A guardian, warden, or keeper. A guardian, warden, or keeper. Mon. Ang. tom. 2. p. 71. In the Isle of Man, the twenty-four chief commoners, who are, as it were, conservators of the liberties of the people, are called keys of the island. See tit. Man, Isle of. KÍCHELL. A cake: it was an old custom for godfathers and godmothers, every time their godchildren asked them blessing, to give them a cake, which was called a God's Kichell. Cowell. KIDDER. Signified one that badges or carries corn, dead victual, or other merchandize, up and down to sell. 5 Elia. c. 12. They are also called Kiddiers in 13 Eliz. c. 25. wears, mills, stanks, stakes, and kidels, in the great rivers of England. They are now called Kettles, or Kettle-nets, and are much used on the sea-coasts of Kent and Wales. Cowell. · KIDNAPPING. The forcible abduction and conveying away of a man, woman, or child from their own country, and sending them to another; it is an offence at common law. Raym. 474. This is unquestionably a very heinous crime, as it robs the King of his subjects, banishes a man from his country, and may, in its consequences, be productive of the most cruel and disagreeable hardships; and therefore the common law of England has punished it with fine, imprisonment, and pillory. 2 Show. 221; Skin. 47; Comb. 10; 4 Comm. 219. The 11 & 12 W. 3. c. 7. though principally intended against pirates, had a clause to prevent the leaving abroad, by masters of vessels, of persons who had been kidnapped or spirited away that clause was repealed by the 9 G. 4. c. 31. which by s. 30. enacts, that if any master of a merchant vessel shall (during his being abroad) force any man on shore, or wilfully leave him behind, or refuse to bring home all such men as he carried out, if they are in a condition to return, he shall be guilty of a misdemeanor, and shall, on conviction, be imprisoned for such time as the court shall award, and such offences may be prosecuted by indictment or by information at the suit of the attorney-general in K. B., and may be alleged to be committed at Westminster; and that court may issue commissions to examine witnesses abroad. As to the stealing of children, see tit. Child. KILDERKIN. A vessel of ale, &c. containing eighteen gallons. KILKETH. An ancient servile payment made by tenants in husbandry. Cowell. KILLAGIUM. Keelage. Cowell. KILLING CATTLE maliciously. 7 & 8 G. 4. c. 29. s. 25. 7 & 8 G. 4. c. 30. s. 16. See tit. Cattle. KILLYTHSTALLION. A custom by which lords of manors were bound to provide a stallion for the use of their tenants' mares. Spelm. Gloss. KILTH. Ac omnes annuales redditus de quadam consuetudine in, &c. vocat. Kilth. Pat. 7 Eliz. KINDRED. Are a certain body of persons of kin or related to each other. There are three degrees of kindred in our law; one in the right line descending, another in the right line ascending, and the third in the collateral line. The right line descending, wherein the kindred of the male line are called Agnati, and of the female line Cognati, is from the father to the son, and so on to his children in the male and female line; and if no son, then to the daughter, and to her children in the male and female line; if neither son nor daughter, or any of their children, to the nephew and his children, and if none of them, to the niece and her children; if neither nephew nor niece, nor any of their children, then to the grandson or grand-daughter of the nephew and if neither of them, to the grandson or grand-daughter of the niece; and if none of them, then to the great grandson or great grand-daughter of the nephew and of the niece, &c. et sic ad infinitum. The right line ascending is directly upwards; as from the son to the father or mother; and if neither father nor mother, to the grandfather or grandmother; if no grandfather or grandmother, to the great grandfather or great grandmother; if neither great grandfather or great grandmother, to the father of the great grandfather, or the mother of the great grandmother; and if neither of them, then to the great KIDDLE, KIDLE, or KEDEL, Kidellus.] A dam or grandfather's grandfather, or to the great grandmother's open wear in a river with a loop or narrow cut in it, accom-grandmother; and if none of them, to the great grandfather's modated for the laying of wheels or other engines to catch fish. 2 Inst. fol. 38. The word is ancient, for we meet with it in Magna Charta, c. 24, and in a charter made by King John to the city of London. By stat. 1 H. 4. c. 12. it was accorded, inter alia, that a survey should be made of the great grandfather, or great grandmother's great grandmother, et sic ad infinitum. The collateral line is either descending by the brother and his children downwards, or by the uncle upwards: it is between brothers and sisters, and to uncles and aunts, and the rest of the kindred, upwards and downwards, across and amongst themselves. 2 Nels. Abr. 1077, 1078. VI. Of the King's Prerogative in relation to his Debts; and see this Dict. titles Execution; Extent; Judgment, &c. VII. The former and present state of the Prerogative in general. There are several rules to know the degrees of kindred ; in the ascending line, take the son and add the father, and it is one degree ascending, then add the grandfather, and it is a second degree, a person added to a person in the line of consanguinity making a degree; and if there are many persons, take away one, and you have the number of degrees; as if there are four persons, it is the third degree, if five, the fourth, &c. so that the father, son, and grandchild, in the descending line, though three persons, make but two degrees: To know in what degree of kindred the sons of two brothers stand, begin from the grandfather and descend to one brother, the father of one of the sons, which is one degree, then descend to his son the ancestor's grandson, which is a second degree; and then descend again from the grand-legiance of every individual are due. father to the other brother, father of the other of the sons, which is one degree, and descend to his son, &c. and it is a second degree; thus reckoning the person from whom the computation is made, it appears there are two degrees, and that the sons of two brothers are distant from each other two degrees for in what degree either of them is distant from the common stock, the person from whom the computation is made, they are distant between themselves in the same degree; and in every line the person must be reckoned from whom the computation is made. If the kindred are not equally distant from the common stock; then in what degree the most remote is distant, in the same degree they are distant between themselves, and so the kin of the most remote maketh the degree; by which rule, I, and the grandchild of my uncle, are distant in the third degree, such grandchild being distant three degrees from my grandfather, the nearest common stock. The common law agrees in its computation with the civil and canon law, as to the right line; and only with the canon law as to the collateral line. Wood's Inst. 48, 49. See further at length, 2 Comm. c. 14: and this Dict. titles Descent; Executor, III.; V. 8. I. The executive power of the English nation being vested in a single person, by the general consent of the people, the evidence of which general consent is long and immemorial usage, it became necessary to the freedom and peace of the state, that a rule should be laid down uniform, universal, and permanent, in order to mark out with precision who is that single person, to whom are committed (in subservience to the law of the land) the care and protection of the community; and to whom, in return, the duty and al KING. REX; from Lat. Rego to rule: Sax. Cyning or Coning.] A monarch or potentate, who rules singly and sovereignly over a people: or he that has the highest power and rule in the land. The King is the head of the state. See Bract. lib. 1. c. 8. THE SUPREME EXECUTIVE POWER of these kingdoms is vested by the English laws in a single person, the King or Queen; for it matters not to which sex the crown descends; but the person entitled to it, whether male or female, is immediately invested with all the ensigns, rights, and prerogatives of sovereign power: as is declared by stat. 1 Mary, stat. 3. c. 1. 2. As relates to his Royal Character; wherein of When the succession to the crown was formerly interrupted by the state of society and the constitution, which had not then arrived to the state of perfection it attained in later ages, and even more recently since the Revolution, distinctions have been frequently made between a King de facto and de jure. Though it is to be hoped that no contest of this nature is likely again to rise in these kingdoms, what is just shortly hinted on this subject will doubtless be agreeable to the student: see further on this subject, title Treason. If there be a King regnant in possession of the crown, although he be but Rex de facto, and not de jure, yet he is Seignior le Roy and another that hath right, if he be out of possession, he is not within the meaning of the stat. 11 H. 7. c. 1. for the subjects to serve and defend him in his wars, &c. And a pardon, &c. granted by a King de jure, that is not likewise de facto, is void. 3 Inst. 7. If a King that usurps the crown, grants licences of alienation or escheats, they will be good against the rightful King; so of pardons, and any thing that doth not concern the King's ancient patrimony, or the government of the people: judicial acts in the time of such a one, bind the right King and all who submitted to his judicature. The crown was tost between the two families of York and Lancaster many years; and yet the acts of royalty done in the reign of the several competitors were confirmed by the Parliament: and those resolutions were made because the common people cannot judge of the King's title, and to avoid anarchy and confusion. Jenk. Cent. 130, 1. All judicial acts done by Henry VI. while he was King, and also all pardons of felony, and charters of denization granted by him, were deemed valid; but a pardon made by Edward IV. before he was actually King, was declared void even after he came to the crown. See 1 Hawk. P. C. c. 17: and stat. 1 Edw. 4. c. 1. Hale says the right heir of the crown, during such time as the usurper is in plenary possession of it, and no possession thereof in the heir, is not a King within this act; as was the case of the House of York during the plenary possession of the crown in Henry IV., Henry V., Henry VI. But if the right heir had once the possession of the crown as King, though an usurper had got the possession thereof, yet the other continues his style, title, and claim thereto, and afterwards re-obtains the full possession thereof; a compassing the death of the rightful heir during that interval, is compassing of the King's death within this act, for he continued. King still, quasi in possession of his kingdom; which was the case of Edward IV. in that small interval wherein Henry VI. re-obtained the crown; and the case of Edward V. notwithstanding the usurpation of his uncle Richard III. 1 Hal. Hist. P. C. 104. a The grand fundamental maxim upon which the Jus Corona, and constitutional custom hereditary; and this in a manner |