K KEE KALA, a key or whaif. Spelm. Cowel. KAIAGIUM. The toll-money paid for loading or unloading goods at a key or wharf. Ibid. KALENDÆ, 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. Ibid. KALENDAR MONTH, consists of thirty or thirty-one days, (except February, which hath but eight and twenty, and in leap year nine and twenty) according to the kalendar; twelve of which months make a year. 16 Car. 2. c. 7. 24 Geo. 2. c. 23. 25 Geo. 2. c. 30. Stat. KALENDS, the beginning of a month, &c. See Calends. KANTREF, one hundred towns, which the Welsh call commud, and signifies provincia or regio, and consisteth of twelve manors or circuits, and two townships. Cowel. Blount. KARITE, CARITE, the religious called their best conventual drink, or their strong beer, by this name. Cowel. KARLE, (Sax.) a man, and with any addition a servant or clown; a domestic servant. Cowel. KARRATA FONI, a cart-load of hay. Cowel. KAY. See Key. KEBBARS, (or Cullers) the refuse of sheep drawn out of a flock. Cowel. KEELAGE, (killagium) a privilege to demand money for the bottom of ships resting in a port or harbour. Cowel. KEELMEN, mariners, seamen, &c. employed in the North on the collieries. KEELS, to carry coals, &c. KEEP. A strong tower or hold in the middle of any castle or fortification, something of the nature of that which is called a citadel. Cowel. KEEPER OF THE FOREST, (custos foresta) or chief warden of the forest, bath the principal government over all officers within the forest; and warns them to appear at the court of justice seat, on a general summons from the lord chief justice in eyre. Manwood, par. 1. p. 156. KEEPER OF THE GREAT SEAL, (custos magni sigilli) is a lord by his office, stiled lord keeper of the great seal of England, and is of the king's privy council. 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 KID England bath, and he is constituted per traditionem magni sigilli, &c. and by taking his oath. 4 Inst. 87. The lord chancellor, or lord keeper, is su perior, in point of precedency, to every temporal lord. 3 Black, 1. KEEPER OF THE PRIVY SEAL, (custos privati sigilli) is that officer through whose hands all charters, pardons, &c. pass, signed by the king, before they come to the great seal. 4 Inst. 55. KEEPER OF THE TOUCH, 12 Hen. 6. 14. seems to be that officer in the king's mint, at this day called the Master of the Assay. Cowel. See Mint. KENNETS, a sort of coarse Welsh cloth, mentioned in 3 Hen. 8. c. 6. Cowel. KERHERE, signifies a custom to have a cart-way; or a commutation for the customary duty for carriage of the lord's goods. Cowel. KERNALLARE 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. Cowel. Blount. KERNELLATUS, fortified or embatteled. Ibid. KERNES, idle persons, vagabonds. Ord. Hiber. 31 Ed. 3. m. 11, 12. Ibid. KEVERE, a cover or vessel used in a dairy house for milk or whey. Ibid. KEY, (kaia & caya, Sax. leg, Teut. kay) sometimes quay, from the Fr. quai, a wharf to land or ship goods or wares at. Corel. KEYAGE, (kaiagium) the money or toll paid for loading or unloading wares at a key or wharf. Ibid. KEYLES, or KEELS, (cinli or ciules) a kind of long-boats of great antiquity, mentioned in stat. 23 Hen. 8. c. 18. Spelm. Cowel. KEYING, five fells, or pelts, or sheepskins with their wool on them. Cowel. KEYUS, KEYS, a guardian, warden, or keeper. Aud in the Isle of Man, the twentyfour chief commoners, who are, as it were, conservators of the liberties of the people, are called keys of the island. Ibid. See MAN, ISLE OF. KICHELL. It was an old custom for godfathers and godmothers, every time their god-children asked them blessing, to give them a cake; which was called a god's kichell. Cewel. KIDDER, a badger, or carrier of corn, dead victual, or other merchandize, up and down to sell. 3 Eliz. c. 12. 13 Eliz. cap. 25. KIDDLE, KIDEL, or KEDEL, (kidellus) a dam, or open wear in a river, with a loop or narrow cut in it, accommodated for the laying of wheels or other engines to catch fish. 2 Inst. fol. 458. Cowel. KIDNAPPING, is the forcible abduction or stealing away of a man, woman, or child, from their own country, and sending them into another. 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 bardships; and therefore, the common law of England has punished it with fine, imprisonment, and pillory (Ragm. 474. 2 Show. 221. Skin. 47. Comb. 10.) And also the statute 11 & 12 W. 3. c. 7. though principally intended against pirates, has a clause that extends to prevent the leaving of such persons abroad, as are thus kidnapped or spirited away; by enacting, that "if any cap "tain of a merchant vessel shall (during his "being abroad) force any person on shore, "or wilfully leave him behind, or refuse to "bring home all such men as he carried out, "if able and desirous to return, he shall suf"fer three months imprisonment." Also where a child is stolen for the sake of its cloaths, it is the same species of felony, as if the cloaths were stolen without the child. But it cannot be considered a felony, where a child is stolen, and not deprived of its cloaths. This crime would in general, be an aggravated species of false imprisonment; but without referring it to that class of offences, stealing a child from its parents, is an act so shocking and horrid, that it would be considered the highest misdemeanor, punishable by fine, imprisonment, and pillory, upon the same principle on which it was decided to be a misdemeanor to steal a dead body from a grave. Chr. N. 4 Black. 218, 219. KILDERKIN, the eighth part of an hogshead. KILKETH, an ancient servile payment made by tenants in husbandry. Cowel. KILLAGIUM, keelage. Cowel. KILLING. See Homicide. a direct line from the other, as between Joha Stiles and his father, grandfather, greatgrandfather, and so upwards in the direct ascending line; or between John S i'es and his son, grandson, great-grandson, and so downwards in the direct descending line. Every generation, in this lineal direct con-. sanguinity, constitutes a different degree, reckoning either upwards or downwards: the father of John Stiles is related to him in the first degree, and so likewise is his son; his grandsire and grandson in the se ond; his great-grandsire and great-grandson in the third. This is the only natural way of reckoning the degrees in the direct line, and therefore universally obtains, as well in the civil (F. 38. 10. 10.) and canon (Decretal, 1.4. fil. 14.), as in the common law (Co. Litt. 23.) The doctrine of lineal consanguinity is sufficiently plain and obvious; but it is at the first view astonishing to consider the number of lineal ancestors which every man has, within no very great number of degrees; and so many different bloods is a man said to contain in his veins, as he hath lineal ancestors Of these he hath two in the first ascending degree, his own parents; he hath four in the second, the paren's of his father and the parents of his mother; he hath eight in the third, the parents of his two grandfathers and two grandmothers; and by the same rule of progression, he hath an hundred and twenty-eight in the seventh; a thousand and twenty-four in the tenth; and at the twentieth degree, or the distance of twenty gencrations, every man hath above a million of ancestors, as common arithmetic will demonstrate.* 2 Black. 202. This will seem surprising to those who are unacquainted with the increasing power of progressive numbers: but is pa pably evident from the following table of a geometrical progressing, in which the first term is 2, and the denominator also 2: or, to speak more intelligibly, it is evident, for that each of us has two ancestors in the first degree; the number of whom is doubled at every remove, because each of our ancestors has also two immediate ancestors of his own. KILLYTH-STALLION, is where lords of manors were bound by custom to provide Lineal Degrees. a stallion for the use of their tenants mares. Spelman's Gloss. Cowel. KILTH, ac omnes annuales redditus de quadam consuetudine in, &c. vocal'. kilth. Pat. 7 Eliz. Cowel. KINDRED, are persons of kin or related to each other. And there are three degrees of these in our law; one in the right line descending, another in the right line ascending, and the third in the collateral line. Lineal consanguinity is that which subsists between persons, of whom one is descended in 1 2 4 Number of Ancestors. 2 4 8 16 32 64 128 Collateral kindred answers to the same description: collateral relations agreeing with the lineal in this, that they descend from the same stock or ancestor; but differing in this, that they do not descend one from the Lineal Degrees. 13 14 15 16 17 18 19 20 8192 other. Collateral kinsmen, are such then as lineally spring from one and the same ancestor, who is the stirps, or root, the stipes, trunk, or common stock, from whence these relations are branched out. As if John Stiles hath two sons, who have each a numerous issue; both these issues are lineally descend Number of Ancestors. ed from John Stiles as their common ancestor; and they are collateral kinsmen to cach other, because they are all descended from this common ancestor, and all have a portion of his blood in their veins, which denominates them consanguineos. 2 Black. 205. 16384 32768 66536 131072 262144 524283 1048576 A shorter method of finding the number of ancestors at any even degree, is hy squaring the number of ancestors at half that number of degrees. Thus 16 (the number of ancestors at four degrees) is the square of 4, the number of ancestors at two; 256 is the square of 16; 65536 of 256; and the number of ancestors at 40 degrees would be the square of 1048576, or upwards of a million milions. The method of computing these degress in the canon law (Decretal. 4, 14. 3 & 9.), which our law has adopted (Co. Litt. 25.), is as follows. We begin at the common ancestor, and reckon downwards; and in whatsoever degree the two persons, or the most remote of them, is distant from the common ancestor, that is the degree in which they are related to each other. 2 Black, 206. The nature and degrees of kindred will be better understood from the following table: KING, (from the Sax. Cyning, or Coning, a cuoning or wise man,) is a monarch or p teatate, that has the highest power and rule in the land. Brat. lb 1, r. 8. And the supreme executive power of these kingdoms is vested by our laws in a single person, the king or queen; for it maters not to which sex the crown de cends, but the person entitled to it, whether male or female, is im ne lately invested with all the ensigns, rights, and prerogatives of sovereign power, as is declared by stat. 1 Marlh. st. 3, c. 1. The executive power of the English nation being vested in a single person, by the general cous nt of the people, the evidence of which general consent is long and immem rial usage, it became necessary to the feed man peice of the state, that a rule should be laid dowa, uniform, universal, and permanent; in order to mork out with precision, who is that single person, to whom are committed (in subservience to the law of the land, the care and protecton of the community; and to whom, in return, the duty and allegiance of every individual are due. 1 Black. 190. FIRST, it is in general hereditary, or descendible to the next heir on the death or demise of the last proprietor. All regal governments must be either heredstavy or elective; and as there is no instance wherein the crown of England has ever been asserted to be elective, except by the regicides at the infamous and unparalleled trial of K. Charles I. it must of consequence be hereditary. Yet this must not be intended to be a juve divino title to the throne: such a title may be allowed to have subsisted under the theocratic establishments of the children of I-raet. Bt thou.h the founders of our English monarchy might, perhaps, if they had ti ought proper, have made it an elective monarchy, yet they rather chose to establish originally a success on by inheritance This has been acquiesced in by gine: al consect, and ripened by degrees int cominen law; the very same title th t every private man has to his own state. Lands are not naturally des endle any more than thrones: but the law has thought proper, for the benefit and peace of the public, to establish hereditary succession in the one as well as the other. 1 Black. 192. SECONDLY, it is hereditary in a manner peculiar to itself As As to the particular mode of inheritance, it in general corresponds with the feodal path of descents, chalked out by the common law in the succession to landed estates, yet with one or two material exceptions. L ke estates, the crow will descend lineally to the issue of the reigning monarch. in common descents the preference of males to females, and the right of primogeniture among the males, are strictly adhered to. But among the females the crown descends by right of primogenitore to the eldest daughter only, and her issue, and not, as in common inheritances, to all the daughters at once; the evidert necessity of a sole succession to the throne having occasioned the royal law of descents to depart from the common law in this respect; and therefore queen Mary on the death of her brother succeeded to the crown alone, and not in partnership with her sister Elizabeth. Again: the doctrine of representation prevails in the descent of the crown as it does in other inheritances, whereby the lineal descendants of any person deceased stand in the same place as their ancestor, if living, would have done. Lastly, on failure of lineal descendants the crown goes to the next collateral relations of the late king, provided they are lineally descended from the blood royal, that is, from that royal stock which originally acquired the crown. But herein there is no objection (as in the case of common descents) to the succession of a brother, an uncle, or other collateral relation of the half blood, that is, where the relationship proceeds not from the same couple of ancestors (which constitutes a kinsman of the whole blood) but from a single ancestor only; as when two persons are derived from the same father, and not from the same mother, or vice versa; provided only, that the one ancestor from whom both are descended be that from whose veins the blood royal is communicated to each. THIRDLY, this inheritance is subject to limitation by parliament. The doctrine of hereditary right does by no means imply an indefeasible right to the throne, for it is in the breast of the supreme leg slative authority of this kingdom, the king and both houses of parliament, to defeat this hereditary right; and, by particular entails, limitations, and provisions, to exclude the immediate heir, and vest the inher tance in any one else. This is strictly con onant to our laws and con. s' turion, as may be gathered from the expression so frequently used in our statutebook, of "the king's majesty, his heirs and successors;" in which we may observe, that as the word "heirs" necessarily implies an inheritance or hereditary right, |