then directed his personal estate should be sold, and bequeathed several legacies: held that these legacies could not be sued for in the Ecclesiastical Court, the money being equitable assets; and a prohibition issued accordingly. "Barker v. May, 9 B. & C. 489. It was held in an early decision, that the Statute of Limitations could not be pleaded in bar to a suit for a legacy, although it had been due twenty years. Anon. Freem. C. C. 22. But though the statute could not be pleaded, it was frequently adopted in cases where there was no fraud, and the parties had permitted the assets to be distributed, without claiming the legacy for thirty-five or forty years. 2 Ves. jun. 2 Ves. jun. 572, 582. And it would seem that a lapse of twenty years from the testator's death, without any demand, would have been sufficient to afford a presumption of the legacy being paid. 1 Roper on Leg. 1792; and see 1 Russ. & Mylne, 453. Now, by the recent Statute of Limitations (3 & 4 Wm. 4. c. 27. § 40.) no action or suit or other proceeding shall be brought to recover any legacy, but within twenty years next after a present right to receive the same shall have accrued to some person capable of giving a discharge for or release of the same, unless in the meantime some part of the principal money, or some interest thereon, shall have been paid, or some acknowledgment of the right thereto shall have been given in writing, signed by the person to whom the same shall be payable, or his agent, to the person entitled, or his agent; and in such case no such action, &c. shall be brought but within twenty years after such payment or acknowledgment, or the last of such payments or acknowledgments, if more than one. And by § 42. no arrears of interest in respect of any legacy are recoverable but within six years after becoming due, or a similar acknowledgment thereof in writing to that mentioned in the above section. See further Limitation of Actions. 5. Where a testator gives his debtor a legacy greater than his debt, it shall be taken in satisfaction for it; though where the legacy is less, it shall not be deemed as any part thereof; but as a legacy is a gift, sometimes the legatee has been decreed both. 1 Salk. 155; 2 Salk. 508. If a greater legacy is given by a codicil to the same person that was legatee in the will, it shall not be a satisfaction unless so expressed. 1 P. Wms. 424. Although a legacy is to be taken as a gift, yet a man shall be intended to be just before he is kind; so that a bequest of the same sum by the debtor to the creditor shall be applied in satisfaction of the debt. Pre. Ch. 394; 2 P. Wms. 130; 3 P. Wms. 354; 1 Ves. 123; Mosel. 7. See 2 P. Wms. 616. -Yet where there are assets, and the testator intended both, it may be as good equity to construe him both just and kind; and the construction of making a gift a satisfaction, has, in many cases, been carried too far. See 1 Salk. 155; 1 P. Wms. 410; 2 P. Wms. 616. Cox, 49.-So if the debt was contracted after the legacy given; as the testator could not have had it in contemplation to satisfy a debt not then in being. 2 Salk. 508; 2 P. Wms. 342; 1 P. Wms. 409; 3 P. Wms. 353.-So if the debt was upon an open or running account, so that it might not be known to the testator whether he owed any money to the legatee or not. 1 P. Wms. 299. Cases of this nature therefore depend upon circumstances; and where a legacy has been decreed to go in satisfaction of a debt, it must be grounded upon some evidence, or at least a strong presumption that the testator did so intend it; for a Court of Equity ought not to hinder a man from disposing of his own as he pleases; and therefore the intention of the party is to be the rule; for where he says he gives a legacy, the Court cannot contradict him, and say he pays a debt. See Treat. Eq. lib. 4. pt. 1. c. 1. § 5; and the notes there. It is to be observed, that if the testator expressly bequeaths the debt to his debtor, this being no more than a release by will, operates only as a legacy; and is assets, therefore, subject to the payment of the testator's debts. 2 P. Wms. 331, 332; Toller, 338. See further on this subject, titles Executor, Will. LEGALIS HOMO. He who stands rectus in curia, not outlawed, excommunicated, or infamous; and in this sense are the words probi & legales homines; hence also legality is taken for the condition of such a man. Leg. Ed. Conf. c. 18. Lawful money of LEGALIS MONETA ANGLIE. England, is gold or silver money coined here by the King's authority, &c. I Inst. 207. See Coin. LEGAL REVERSION. In the Scotch law, the period, (seven years) within which a proprietor is at liberty to redeem land adjudged from him for debt. Scotch Dict. LEGAMANNUS. See Lageman. LEGATARY [Legatarius.] He or she to whom any thing is bequeathed; a legatee. See 27 Eliz. c. 16. Spelman says, it is sometimes used pro legato vel nuncio. LEGATE [Legatus.] An ambassador or Pope's nuncio. There are three sorts of Legates,-Legatus à latere, Legatus natus, and Legatus datus. Legatus à latere was usually one of the Pope's family vested with the greatest authority in all ecclesiastical affairs over the whole kingdom where he was sent ; and during the time of his legation he might determine even those appeals which had been made from thence to Rome. Legatus natus had a more limited jurisdiction, but was exempted from the authority of the Legatus à latere, and he could exercise his jurisdiction in his own province. Legati dati, legates given; were such as had authority from the Pope by special commission. God. 18, 19, 20, 21. The Popes of Rome had formerly in England the Archbishops of Canterbury their Legati nati; and upon extraordinary occasions sent over Legati à latere. § LEGATEE. The person to whom a legacy is bequeathed by a last will. LEGATUM. In the ecclesiastic sense, was a legacy given to the church, or accustomed mortuary. Cowell. If a legacy be less than the debt, it was never held to go in satisfaction. 2 Salk. 508; Pre. Ch. 394; 2 P. Wms. 616; 2 Vern. 478; Mosel. 295.-So if the legacy were upon condition, or upon a contingency; for the will is intended for LEGEM FACERE. To make law, on oath; legem hathe legatee's benefit; and therefore it could not be supposed bere, to be capable of giving evidence upon oath; minor non that the testator would give him an uncertain recompense inhabet legem. Selden's Notes on Heng. 133. See Wager of satisfaction of a certain demand. Pre. Ch. 394; Salk. 508; Law. 2 Atk. 300, 491; 2 P. Wms. 555; 2 Ves. 519.-So where the legacy is not equally beneficial with the debt in some one particular, although it may be more so in another, as in time of payment. Pre. Ch. 236; 2 Vern. 478; 2 Atk. 300; 3 Atk. 96; 1 Bro. C. R. 129, 295.-So if the thing were of a different nature, as land, it should not go in satisfaction of money, unless there was a defect of assets. 2 P. Wms. 616; Salk. 508; 3 P. Wms. 245.-And a legacy of a specific chattel, however great its value, will not be a satisfaction of a debt, unless the testator bequeaths it with such condition expressed, and the legatee accepts it by way of satisfaction. 1 LEGEND [Legenda.] Is that book which contained the lessons, whether out of the Scriptures or out of other books, which were to be read throughout the year. Lind. 251. LEGERGILD [Legergildam.] See Lairwite. LEGIOSUS. Litigious, and so subjected to a course of law. Cowell. LEGITIM. In Scotch law; the claim of children out of the free moveable estate of their father, amounting to one half, or one third, (according to circumstances,) of his moveables after paying his debts. Scotch Dict. LEGITIMACY. See Bastard, Descent. LEGITIMATION. The act whereby children born bastards are rendered lawful children; this (in Scotland) may be by the subsequent marriage of the parents. There is also a species of legitimation by letters of legitimation given by the sovereign; these, however, affect only the rights of the crown in regard to the succession to the bastard, but do not give him a legitimation which may enable him to claim as one lawfully born, LEIPA. A departure from service.—Si quis à Domino suo sine licentia discedat, ut leipa emendetur & redire cogatur. Leg. Hen. 1. c. 43. Blount.-Rather, an Eloper, the person who escapes or departs. See Spelm. in v. LEIRWIT [Muleta adulteriorum. Fleta, lib. 1. c. 7.] Is used for a liberty, whereby a lord challengeth the penalty of one that lieth unlawfully with his bond-woman. Cowell. LENT [From the Germ. Lentz, i.e. Ver. The Spring Fast.] A time of fasting for forty days, next before Easter; mentioned in 2 & 3 Edw. 6. c. 19. First commanded to be observed in England by Ercombert, seventh king of Kent, before the year 800. Baker's Chron. 7. No meat was formerly to be eaten in Lent, or on Wednesdays or other fish days, but by licence, under certain penalties. And butchers were not to kill flesh in the Lent, unless for victualling ships, &c. LEP AND LACE [Leppe & Lasse.] A custom in the manor of Writtle, in Essex, that every cart which goes over Greenbury, within that manor, (except it be the cart of a nobleman,) shall pay 4d. to the lord. This Greenbury is conceived to have been accidentally a market-place, on which account this privilege was granted. Blount. LEPA. A measure which contained the third part of two bushels; whence we derive a seed-leap. Du Cange. LEPORARIUS. A greyhound for the hare. Mon. Ang. tom. 2. fol. 283. LEPORIUM. A place where hares are kept together. Mon. Ang. tom. 2. fol. 1035. LEPROSO AMOVENDO. An ancient writ that lay to remove a Leper or Lazar, who thrust himself into the company of his neighbours in any parish, either in the church, or at other public meetings, to their annoyance. Reg. Orig. 237. The writ lay against those lepers that appear outwardly to be such, by sores on their bodies, smell, &c. and not against others; and if a man were a leper, and keep within his house, so as not to converse with his neighbours, he shall not be removed. New Nat. Br. 521. LE ROY LE VEUT. See Royal Assent, Parliament. LE ROY S'AVISERA. By these words to a bill, presented to the King by his houses of parliament, are understood his denial of that bill. By this means the indelicacy of a positive refusal to give the Royal Assent to a bill passed by the Lords and Commons is avoided. See title Parliament. LESCHEWES. Trees fallen by chance, or windfalls. Broke's Abr. 341. LESIA. A leash of greyhounds, now restrained to the number of three, but formerly more. Spelm. LESPEGEND, [Sax. Le spegen Baro minor.] Sint sub quolibet horum quatuor ex mediocribus hominibus quos Angli Lespegend nuncupant, Dani vero young-men vocant, locati, qui curam et onus tum viridis tum veneris suscipiant.-Hence it appears that this was an inferior officer in forests, to take care of the vert and venison therein, &c.-Constitut. Canut. de Foresta. Art. 2. See Forest, Regarder. LESSA. A legacy; from this word also lease is derived. Mon. Ang. tom. 1. pag. 562. LESSOR AND LESSEE. The parties to a lease. The former he who makes the lease, the latter to whom it is made. LESTAGEFRY. Lestage-free, or exempt from the duty of paying ballast money. Cowell. LESWES, or LELVES. Is a word used in Domesday, to signify pastures, and is still used in many places of England, LETARE JERUSALEM. See Quadragesimalia. LETTER MISSIVE FOR ELECTING OF A BISHOP. A letter from the King to the Dean and Chapter, containing the name of the person whom he would have them elect. See Bishop. LETTER MISSIVE IN CHANCERY. To a peer. See Chancery. LETTERS OF ABSOLUTION [Litera absolutoriæ.] Absolvatory letters, were such in former times, when an abbot released any of his brethren ab omni subjectione & obedientia, &c. and made them capable of entering into some other order of religion. Mon Favershamensi, p. 7. Ancient deeds were in the form of letters; and in Scotland, the charter and judicial writs, under the King's signet, bear still the form of letters. LETTER OF ATTORNEY [Litera Attornati.] writing, authorising another person, who, in such case, is called the attorney of the party appointing him, to do any lawful act in the stead of another; as to give seisin of lands, receive rents, or sue a third person, &c. A letter of attorney is either general or special. The nature of this instrument is to give the attorney the full power and authority of the maker, to accomplish the act intended to be performed; and sometimes these writings are revocable, and sometimes not so; but when they are revocable, it is usually a bare authority only; they are irrevocable when debts, &c. are assigned to another, in which case the word irrevocably is inserted; and the intention of them then is to enable the assignee to receive the debt, &c. to his own use. In Walsh v. Whitcomb, 2 Esp. 565, it was held that where a power of attorney is given as part of a security, it is not revocable. In cases of letters of attorney it was anciently held that the authority must be strictly pursued: if it be to deliver livery and seisin of lands between certain hours, and the attorney doth it before or after; or in a capital messuage, and he does it in another part of the land, &c. the act of the attorney to execute the estate shall be void. Plowd. 475. But notwithstanding the ancient opinions for pursuing authorities with great strictness and exactness, yet in case of livery and seisin they have been always favourably expounded of later times, unless where it hath appeared that the authority was not pursued at all; as if a letter of attorney be made to three, two cannot execute it, because they are not the parties delegated, and they do not agree with the authority. 2 Mod. Rep. 79. Where the attorney does less than the authority mentions, it is void; it is said if he doth more it may be good for so much as he has power to do, and void for the rest; yet both these rules have divers exceptions and limitations. See 1 Inst. 258. Where two attornies were made jointly and severally to deliver seisin of lands, &c. and one of them delivered seisin of part of the land, and after another attorney, being tenant thereof for years, gave livery of the other part of the land; this was held good, though made at several times. 1 And. 247. And if a man make a deed of feoffment of lands in divers counties, with such a letter of attorney, the livery must be at several times, otherwise it cannot be made. Ibid. See 1 Leon. 192, 260. If a mayor and commonalty make a feoffment of lands, and execute a letter of attorney to deliver seisin, the livery and seisin, after the death of the mayor, will be good, by reason the corporation dieth not. 1 Inst. 52. In other cases, by the death of the party giving it, the power given by letter of attorney generally determines. See further as to letters of attorney, Com. Dig. tit. Attorney (C.) And as to Forgery thereof, this Dictionary, under the latter title. A Letter of Attorney to receive Rents, Debts, and Dividends, and to demise Premises. KNOW all men by these presents, That I, A. B. of the parish of Christ Church, in the county of Middlesex, spinster, for divers good causes and considerations me hereunto moving, have made, ordained, constituted, and appointed, and by these presents do make, ordain, constitute, and appoint, C. D. of the parish of Christ Church aforesaid, weaver, my true and lawful attorney for me, and in my name, place, and stead, and for my use, to ask, demand, and receive, all and every rent and rents, sum and sums of money now due, or which hereafter shall or may grow due to me from any person and persons whom soever, who have been, now are, or hereafter shall or may be, tenant or tenants of any messuages or tenements, lands, hereditaments, and premises, or of any part or parts, share or shares, of any messuages or tenements, lands, hereditaments, and premises, in Great Britain, the island of Jamaica, or elsewhere, belonging to me; and of and from all and every other person and persons liable to or empowered to pay the same; and upon receipt thereof, or of any part thereof, acquittances or other sufficient discharges for me, and in my name, or in his own name, to make and give for what he shall so receive, and for non-payment of such rent or rents, or any part thereof, to enter into and upon all or any of the messuages or tenements, lands and premises, liable to the payment thereof, and distrain for the same, and the distress and distresses then and there found to take away, sell, and dispose of according to law; and also for me and in my name, and for my use, to ask, demand, and receive, of and from all and every corporations and companies, all and every sum and sums of money now due, or which hereafter shall or may grow due to me for dividends, interest, or profits of any sum or sums of money, parts, or shares, now belonging, or which shall belong to me therein respectively; and likewise to ask, demand, sue for, recover, and receive all and every debt and debts, sum and sums of money due, or to grow due and payable to me, from any other person or persons, for any other matter, cause, or thing whatsoever, and upon receipt thereof, or of any part thereof in my name, or in his own name, to make and give proper receipts and discharges for the same; and in case any tenant or tenants of any messuages or tenements, lands and premises, wherein I have any right or interest, shall quit or leave the premises by them respectively holden, then and in that case I do hereby give and grant to my said attorney full power and authority to demise, let, and set the same respectively, or any part thereof, to such person or persons, and for such rent and rents, and for such term and time, and under such covenants and agreements, as my said attorney shall think fit, and to expend and apply such part of the rents and profits of the said premises as shall come to his hands, in repairing and improving the same, as my said attorney shall judge proper, and one or more attorney or attornies under him, for all or any the purposes aforesaid, to make and at pleasure to revoke; Giving and hereby granting to my said attorney full power and authority in the performance of all and singular the premises aforesaid, as fully and amply in every respect as I myself might or could do if personally present; hereby ratifying and confirming all and whatsoever my said attorney shall lanfully do or cause to be done, in and about the said premises, by virtue hereof. In witness whereof I the said A. B. have hereunto set and subscribed my hand and seal, this day of in the year of our Lord Sealed and delivered (being first duly stamped) } in the presence of LETTERS CLAUSE [Litera Clausa.] Close letters, opposed to letters-patent; being commonly sealed up with the king's signet or privy seal; whereas the letters-patent are left open and sealed with the broad seal. LETTER OF CREDIT. Is where a merchant or correspondent writes a letter to another, requesting him to credit the bearer with a certain sum of money. Merch. Dict. See Bill of Exchange. LETTERS OF EXCHANGE [Literæ Cambii.] Reg. Orig. 194. See Bill of Exchange. LETTER OF LICENCE. An instrument or writing made by creditors to a man that hath failed in his trade, allowing him longer time for the payment of his debts, and protecting him from arrests in going about his affairs. These letters of licence give leave to the party to whom granted to resort freely to his creditors, or any others, and to compound debts, &c. And the creditors severally covenant, that if the debtor shall receive any molestation or hindrance from any of them, he shall be acquitted and discharged of his debt against such creditor, &c. LETTERS OF MARQUE. Commissions for extraordinary reprisals for reparation to merchants taken and despoiled by strangers at sea, grantable by the secretaries of state, with the approbation of the king and council; and usually in time of war, &c. Lex Mercat. 173. The words marque and reprisal are used as synonymous; and signify, the latter a taking in return, the former the passing the frontiers in order to such taking. Dufresne, title Marca. As the delay of making war by the sovereign power of the nation may sometimes be detrimental to individuals who have suffered by depredation from foreign states, the laws of England have, in some respect, armed the subject with powers to impel the prerogative of the crown in this particular, by directing his ministers to issue letters of marque and reprisal upon due demand; the prerogative of granting which is nearly related to, and plainly derived from, that of making war, (see tit. King:) this being indeed only an incomplete state of hostilities, and generally ending in a formal denunciation of war. These letters are grantable by the law of nations, wherever the subjects of one state are oppressed and injured by those of another; and justice is denied by that state to which the oppressor belongs. In this case, letters of marque and reprisal may be obtained, in order to seize the bodies or goods of the subjects of the offending state, until satisfaction be made, wherever they happen to be found; and in fact this custom of reprisals seems dictated by nature. The necessity, however, is obvious of calling in the sovereign power to determine when reprisals may be made; else every private sufferer would be a judge in his own cause. In pursuance of which principle it is declared by 4 Hen. 5. c. 7. that if any subjects of the realm are oppressed, in the time of truce, by any foreigners, the King will grant marque in due form, to all that feel themselves grieved; which form is thus directed to be observed: the sufferer must first apply to the lord privy seal, and he shall make out letters of request under the privy seal; and if after such request of satisfaction made, the party required do not within convenient time make due satisfaction or restitution to the party grieved, the lord chancellor shall make him out letters of marque under the great seal; and by virtue of these, he may attack and seize the property of the aggressor nation, without hazard of being condemned as a robber and a pirate. See 1 Comm. c. 7. p. 258, 59. It is observable that the above statute of Henry V. is confined to the time of a truce, wherein there is no express mention that all marques and reprisals shall cease. It seems that the manner of granting letters of marque under this statute has been long disused, as it could only be granted to persons actually grieved. But if, during a war, a subject without any commission from the king should take an enemy's ship, the prize would not be the property of the captor, but would be one of the droits of admiralty, and would belong to the king, or his grantee the admiral. Carth. 399. Therefore, to encourage merchants and others to fit out privateers, or armed ships, in time of war, the lord high admiral or the commissioners of the admiralty are, from time to time, empowered by various acts of parliament to grant commissions to the owners of such ships; and the prizes captured are divided between the owners and the captain and crew of the privateer. But the owners, before the commission is granted, give security to the admiralty, to make compensation for any violation of treaties between those powers with whom the nation is at peace; and that such armed ship shall not be employed in smuggling. These commissions are now upon all occasions, as well as in the statutes, called letters of marque; see 29 Geo. 2. c. 34; 19 Geo. 3. c. 67; 33 Geo. 3. c. 34, 66; 43 Geo. 3. c. 160; 45 Geo. 3. c. 72, &c. (temporary prizeacts passed during war.) Sometimes the lords of the admiralty have this authority by a proclamation from the king in council, as was the case in December, 1780, to empower them to grant letters of marque to seize the ships of the Dutch. See Christian's Note on 1 Comm. c. 7, ubi sup. If a letter of marque wilfully and knowingly take a ship and goods belonging to another nation, not of that state against whom the commission is awarded, but of some other in amity, this amounts to a downright piracy. Rol. Abr. 430. See further tit. Reprisal. LETTERS-PATENT [Literæ patentes,] sometimes called letters overt. Are writings of the king sealed with the great seal of England, whereby a person is enabled to do or enjoy that which otherwise he could not; and so called because they are open with the seal affixed, and ready to be shown for confirmation of the authority thereby given. And we read of letters-patent to make denizens, &c. Letters-patent may be granted by common persons, but in such case they are not properly called patentees; yet, for distinction, the king's letters-patent have been called letters-patent royal. See 2 H. 6. c. 10; also tits. Grants of the King, Patents. LETTERS OF SAFE CONDUCT. See Safe Conduct. LEVANT AND COUCHANT. Is a law term for cattle that have been so long in the ground of another, that they have lain down and are risen again to feed; in ancient records levantes et cubantes. When the cattle of a stranger are come into another man's ground, and have been there a good space of time, (supposed to be a day and a night,) they are said to be levant and couchant. Terms de Ley; 2 Lil. Abr. 167. Beasts of a stranger on the lord's ground may be distrained for rent, though they have not been levant and couchant; but it is otherwise if the tenant of the land is in fault in not keeping up his mounds, by reason whereof the beasts escape upon the land. Wood's Inst. 190. See tit. Distress, I. 2. LEVANT COMPANY. See Turkey Company. bread. LEVARE FOENUM. To make hay, or properly to cast it into wind-rows, in order to cock it up. Paroch. Antiq. 320. Hence una levatio fœni was one day's hay-making, a service paid the lord by inferior tenants. Paroch. Antiq. 402. LEVARI FACIAS. A writ of execution directed to the sheriff for levying a sum of money upon a man's lands and tenements, goods and chattels, who has forfeited his recognizance. Reg. Orig. 298. This writ was given by the common law, before the statute West. 2. c. 18. gave the writ of elegit; and it commands the debt to be levied de exitibus et proficuis terræ, &c. Except in the case of outlawry it is now superseded in practice by the writ of elegit. There is a levari facias damna disseisitoribus for the levying of damages, wherein the disseisor has formerly been condemned to the disseisee. Reg. Orig. 214. Also levari facias residuum debiti, to levy the remainder of a debt upon lands and tenements, or chattels of the debtor, where part has been satisfied before. Reg. Orig. 299. And a levari facias quando vicecomes returnavit quod non habuit emptores, commanding the sheriff to sell the goods of the debtor, which he has taken, and returned that he could not sell. Reg. Orig. 300. There is also a levari facias for executing the judgment of a county court, but this latter writ ought to be de bonis et catallis only, and not de tenis et catallis. 2 Lutw. 1413. And the goods cannot be sold without a special custom. Ibid. See title Execution. LEUCA. A measure of land, consisting of 1500 paces. Ingulphus says, it is 2000 paces, p. 910. In the Monastic, 1 tom. p. 313, it is 480 perches. LEUCATA. A space of ground, as much as a mile contains. Monastic, 1 tom. p. 768. And so it seems to be used in a charter of William the Conqueror to Battle Abbey. Cowell. LEVELLUS. A level, even or upon the level. Cowell. LEVITICAL DEGREES. The farthest between uncle and niece. See 1 Comm. 435. Gilb. Rep. 158. LEVY [Levare.] Is used in the law for to collect or exact, as to levy money, &c. Sometimes it signifies to erect or cast up, as to levy a ditch, &c. To levy a fine of land is the usual term for the completing that conveyance; in ancient time, the word rere a fine was made use of. 17 Hen. 6. See Fine. LEVYING MONEY WITHOUT CONSENT OF PARLIAMENT. No subject of England can be constrained to pay any aids or taxes, even for the defence of the realm or the support of government, but such as are imposed by his own consent, or that of his representatives in parliament. See 25 Edw. 1. cc. 5, 6; 34 Edw, 1. st. 4. c. 1; 14 Edw. 3. st. 2. c. 1; the petition of right, 3 Car. 1. c. 1; 1 W. & M. st. 2. c. 2; and tits. Liberties, Taxes. LEVYING WAR AGAINST THE KING. See tit. Treason. LEWDNESS. Open and notorious lewdness is an offence against religion and morality, either by frequenting houses of ill fame, which is an indictable offence, Poph. 208; or by some grossly scandalous and public indecency, for which the punishment is fine and imprisonment; and in M. T. 15 Car. 2. a person was indicted for open lewdness in showing himself naked on a balcony, and other misdemeanors, and was fined 2000 marks, imprisoned for a week, and bound to his good behaviour for three years. 1 Sid. 168. In times past, when any man granted a lease of his house, it was usual to insert an express covenant, that the tenant should not entertain any lewd woman, &c. Many offences of the incontinent kind fall properly under the jurisdiction of the Ecclesiastical Court, and are appropriated to it. But except those appropriated cases, the Court of King's Bench is the custos morum of the people, and has the superintendency of offences contrà bonos mores. 3 Burr. 1438. An information has been granted in that court against a number of persons concerned in assigning a young girl as an apprentice to a gentleman under a pretence of learning music, but for the purposes of prostitution. 3 Burr. 1438, &c. There is also an instance of an information for a conspiracy, granted against a peer and several others, for enticing away a young lady from her father's house, and procuring her seduction by the peer. 3 St. Tr. 519. And all such acts of indecency and immorality are also punishable by indictment in any criminal court, as public misdemeanors. See 4 Comm. c. 4. p. 64. ; and Bawdy-house, Fornication, Indecency. LEX. A law for the govornment of mankind in society. Lit. Dict. It is often taken for judicium Dei or ordeal. See Lada, Law. LEX AMISSA, or legem amittere, viz. One who is an infamous, perjured, or outlawed person. See Bracton, lib. 4. c. 19. par. 2. LEX APOSTATA, or LEGEM APOSTATARE. Is to do a thing contrary to law. See Leg. II. 1. c. 12. Qui legem apostatabit were suce sit reus prima vice. LEX BREHONIA. The Brehon or Irish law, overthrown by King John. LEX BRETOISE. Was the law of the Ancient Britons, or Marches of Wales. Lex Marchiarum. LEX DERAISNIA. The proof of a thing which one denies to be done by him, where another affirms it; defeating the assertion of his adversary, and showing it to be against reason or probability; this was used among the old Romans as well as the Normans. Grand Castumur, c. 126. LEX JUDICIALIS. Ordeal. Leg. H. 1. See Lada. LEX SACRAMENTALIS. Leg. H. 1. c. 9. Purgation by oath. See Wager of Law. LEX TALIONIS. Is juris positivi; and the taliones among the Jews were converted into pecuniary estimates, so that the price of an eye, &c. lost, was allowed to the person injured. 1 Hale's P. C. 12. It does not appear that this is a principle applicable to laws of a civilized state; when it was once attempted to introduce into England the law of retaliation, it was intended as a punishment for such only as preferred malicious accusations against others; it being enacted by 37 Edw. 3. c. 18. that such as preferred any suggestions to the king's great council, should put in sureties of taliation; that is, to incur the same pain that the other should have had in case the suggestions were found untrue. But after one year's experience, this punishment of taliation was rejected, and imprisonment adopted in its stead. 38 Edw. 3. c. 9. See 4 Comm. c. 1. p. 12, 14. LEX TERRÆ. The law and custom of the land, distinguished by this name from the civil law. See Selden in Dissertatione ad Fletam, c. 9. par. 3. LEX WALLENSICA. The British law, or law of Wales. Statut. Wall. LEY, LEYS. Fr. Law, laws. I. What shall be considered as a libel, III. When the truth of a libel may be pleaded in justification; IV. Of the trial, punishment, &c. on a criminal prosecution. I. A libel is the greatest degree of scandal, and does not die like words which may be forgot, an action for which is confined to the person; but the cause of action for scandal in a libel survives. 5 Rep. 125. This species of defamation is usually termed written scandal; and thereby receives an aggravation, in that it is presumed to have been entered upon with coolness and deliberation; and to continue longer and propagate wider and farther than any other scandal. 5 Rep. 125; Bac. Abr. tit. Libel (A). According to Holt, C. J. scandalous matter is not necessary to make a libel; it is enough if the defendant induces an ill opinion to be had of the plaintiff, &c. And if a man speaks scandalous words, unless they are put in writing, he is not guilty of a libel; for the nature of a libel consisteth in putting the infamous matter into writing. 2 Salk. 417; 3 Salk. 226. The important distinction between libels and words spoken was fully established in the case of Villers v. Mousley, 2 Wils. 403. viz. That whatever renders a man ridiculous, or lowers him in the esteem and opinion of the world, amounts to a libel; though the same expressions, if spoken, would not have been defamation; as to call a person in writing an itchy old toad, was held in that case to be a libel; although as words spoken they would not have been actionable. 4 Taunt. 355. And on this ground a young lady of quality, in the year 1793, recovered £4000 damages for reflections upon her chastity, published in a newspaper, although she could have brought no action for the grossest verbal aspersions that could have been uttered against her honour. An action for a libel also differs from an action for words in this partipub-cular; that the former may be brought at any time within six years, and any damages will entitle the plaintiff to full costs. Christian's note on I Comm. p. 125, 126. LEY, LEE, LAY. Whether in the beginning or end of [LIBELLUS FAMOSUs.] A contumely or reproach, It is termed libellus famosus seu infamatoria scripta, and from its pernicious tendency has been held a public offence at the common law; for men not being able to bear the having their errors exposed to public view, were found by experience to revenge themselves on those who made sport with their reputations, from whence arose duels and breaches of the peace; and hence written scandal has been held in the greatest detestation, and has received the utmost discouragement in the courts of justice. Lamb. Sax. Law, 64; Bract. lib. 3. c. 36; 3 Inst. 174; 5 Co. 125; cited Bac. Abr. tit. Libel ad init. It is also defined to be a malicious defamation, expressed either in printing or writing, or by signs, pictures, &c. tending either to blacken the memory of one who is dead, or the reputation of one who is alive, and thereby exposing him to public hatred, contempt, and ridicule. 1 Hawk. P. Č. c. 73. §1; Bac. Abr. tit. Libel; 5 Mod. 165; 5 Co. 121, 25. Libels, says Blackstone, taken in their largest and most extensive sense, signify any writings, pictures, or the like, of an immoral or illegal tendency. Considered particularly as offences against the public peace, they are malicious declamations of any person, and especially a magistrate, made public by either printing, writing, signs, or pictures, in order to provoke him to wrath, or expose him to public hatred, contempt or ridicule. The direct tendency of these libels is the breach of the public peace, by stirring up the objects of them to revenge, and perhaps to bloodshed. 4 Comm. c. 11. p. 150; 3 Comm. c. 8. p. 125. From the different modes in which a libel may be conveyed, a distinction has been made between a libel in scriptis, and one sine scriptis; i. e. in writing, or without writing. 3 Inst. 174. VOL. II. All libels are made against private men or magistrates, and public persons; and those against magistrates deserve the greatest punishment: if a libel be made against a private man, it may excite the person libelled, or his friends, to revenge or break the peace; and if against a magistrate, it is not only a breach of the peace, but a scandal to government, and stirs up sedition. 5 Rep. 121. Upon the whole it may be collected, that any writings, pictures or signs, which derogate from the character of an individual, by imputing to him either bad actions, or vicious principles, or which diminish his respectability and abridge his comforts, by exposing him to disgrace and ridicule, are actionable, without proof of special damage; in short, that an action lies for any false, malicious, and personal imputation, effected by such means, and tending to alter the party's situation in society for the worse. 1 Starkie on Libel, 171. Where a writing inveighs against mankind in general, or against a particular order of men, this is no libel; it must descend to particulars and individuals to make it a libel. Trin. 11 W. 3. B. R. But a general reflection on the government is a libel, though no particular person is reflected on: and the writing against a known law is held to be criminal. 4 Stat. Tr. 672. 903. So a publication stating that "unarmed and unresisting men had been inhumanly cut down by the dragoons," is a libel on the king's troops, although no particular dragoons or troops were defined by it. 4 B. & A. 314. And a criminal information was granted against the editor of a newspaper for a libel reflecting on the clergy of a particular diocese, and generally upon the Church of England, though no individual prosecutor was named, and though the libellous matter was not negatived by affidavit. Rex v. Williams, 5 B. & A. 595. A defamatory writing, expressing only one or two letters K |