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THE

LAW-DICTIONARY,

EXPLAINING THE

RISE, PROGRESS, AND PRESENT STATE

OF THE

British Law:

DEFINING AND INTERPRETING

THE TERMS OR WORDS OF ART,

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.

OP 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;

J. RICHARDSON ; J. M. RICHARDSON; T. HURST ; J. BOOKER; J. BOOTH ; c. J. G. AND P. RIVINGTON; BALDWIN AND
CRADOCK; SAUNDERS AND BENNING; A. MAXWELL; S. SWEET; H. BUTTERWORTH; STEVENS AND SONS ;
WHITTAKER AND CO.; SIMPKIN, MARSHALL AND CO.; PARBURY, ALLEN AND Co.; T. AND W. BOONE; E. JEFFREY
AND SON; J. CAPES; W. MASON; H. DIXON; RICHARDS AND CO. ; AND J. BIGG.

LONDON. c. ROWORTH AND SONS, BELL YARD,

TEMPLE-BAR.

THE

LAW DICTIONARY.

KEE

KER

AIA. A key or wharf. Spelm.

1 The great seal consists of two impressions, one being the KAIAGIUM. Keyage; which see.

very seal itself with the effigies of the king stamped on it; KAIN, Poultry payable by a tenant to his landlord. Scotch the other has an impression of the king's arms in the figure Dict.

of a target, for matters of a smaller moment, as certificates, KALENDÆ. Rural chapters or conventions of the rural | &c. that are usually pleaded sub pede sigilli. And anciently deans and parochial clergy; so called because formerly held when the king travelled into France or other foreign kingon the Kalends, or first day of every month. Paroch. Antiq. doms, there were two great seals; one went with the king, and 640.

another was left with the Custos Regni, or the Chancellor, &c. KALENDAR and KALENDS. See Calendar and Ca If the great seal be altered, the same is notified in the lends.

Court of Chancery, and public proclamations made thereof KANTREF. See Cantred.

by the sheriffs, &c. i Hale's Hist. P. C. 171, 4. KARITE. See Caritas.

The Lord Keeper of the Great Seal, by statute 5 Eliz. KARLE, Sax.] A man; and with any addition a servant c. 18, hath the same place, authority, pre-eminence, jurisdicor clown; as the Saxons called a domestic servant, a hus- tion, and execution of laws, as the Lord Chancellor of Engkarle; from whence comes the modern word churl. Domesday. land hath ; and he is constituted by the delivery of the great

KARRATA F@NI. A cart-load of hay. Mon. Ang. seal, and by taking his oath. 4. Inst. 87. See Lamb. Archtom. I. p. 548. See Carecta.

eion. 65; 1 Rol. Abr. 385, and this Dictionary, titles ChanKAY. See Key.

cellor ; Great Seal of England. KEBBARS, or Cullers.] The refuse of sheep drawn out KEEPER OF THE PRIVY SEAL, Custos privati sigilli.] That of a flock; oves rejiculæ. Cooper's Thesaur.

officer, through whose hands all charters, pardons, &c. pass, KEELAGE, killagium.] A privilege to demand money signed by the king, before they come to the great seal : and for the bottom of ships resting in a port or harbour. Rot. some things which do not pass the seal at all: he is also of Parl. 21 Edw. 1.

the Privy Council ; but was anciently called only Clerk of KEELMEN. Are mentioned among mariners, seamen, &c. the Privy Seal; after which he was named Guardian del in various statutes. See title Coals.

Privy Seal; and lastly, Lord Privy Seal, and made one of the KEELS. This word is applied to vessels used in the rivers great officers of the kingdom. See stat. 12 R. 2. c. 11; Rot. of the north of England for the carriage of coals, &c. See Parl. 11 H. 4; and 34 7. 8. c. 4. Keyles.

The Lord Privy Seal is to put the seal to no grant without KEEP. A strong tower or hold in the middle of any good warrant; nor with warrant, if it be against law, or incastle or fortification, wherein the besieged made their last convenient, but that he first acquaint the King therewith. efforts of defence, was formerly in England called a Keep ; 4. Inst. 55. As to the fees of the clerks under the Lord Privy and the inner pile within the castle of Dover, erected by King Seal, for warrants, &c. see stat. 27 H. 8. c. 11. See further Henry II. about the year 1153, was termed the King's Keep: this Dictionary, titles Grants of the King; Privy Seal. so at Windsor, &c. It seems to be something in the nature | KEEPER OF THE Touch, mentioned in the ancient statute of that which is called abroad a Citadel.

12 H. 6. c. 14, seems to be that officer in the King's mint at KEEPER OF THE FOREST, Custos Foresta.] Or this day called the Master of the Assay. See Mint. chief warden of the forest, hath the principal government KEEPERS OF THE LIBERTIES or ENGLAND. By authority over all officers within the forest : and formerly warned them of Parliament. See Custodes Libertatis. to appear at the court of justice-seat, on a general summons KENDAL, Concagium. An ancient barony. MS. from the lord chief justice in eyre. Manwood, part 1. p. 156. KENNETS. A coarse Welsh cloth. See stat. 33 H. 8. See title Forest.

KEEPER OF THE GREAT Seal, Custos magni sigilli.] Is a KERHERE. A custom to have a cart-way; or a comlord by his office, styled Lord Keeper of the Great Seal of mutation for the customary duty for carriage of the lord's England, and is of the King's Privy Council : through his goods. Cowell. hands pass all charters, commissions, and grants of the king KERNELLARE DOMUM, from Lat. Crena, a notch.] under the great seal; without which seal many of those To build a house formerly with a wall or tower, kernelled grants and commissions are of no force in law; for the king with crannies or notches, for the better convenience of shootis by interpretation of law a corporation, and passeth nothing ing arrows, and making other defence. Du Fresne derives but by the great seal, which is as the public faith of the king this word from quarnellus or quadranellus, a four-square hole dom, in the high esteem and reputation justly attributed or notch; ubicunque patent quarnelli sive fenestræ : and this thereto.

form of walls and battlements for military uses might posVOL. II.

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sibly have its name from quadrellus, a four-square dart. It | wears, mills, stanks, stakes, and kidels, in the great rivers of was a common favour granted by our Kings in ancient times, | England. They are now called Kettles, or Kettle-nets, and are after castles were demolished for prevention of rebellion, to much used on the sea-coasts of Kent and Wales. Cowell. . give their chief subjects leave to fortify their mansion-houses KIDNAPPING. The forcible abduction and conveying with kernelled walls. Paroch. Antiq. 533.

away of a man, woman, or child from their own country, and KERNELLATUS. Fortified or embattled according to sending them to another; it is an offence at common law. the old fashion. Plac. 31 Ed. 3.

Raym. 474. KERNES. Idle persons; vagabonds. Ordin. Hibern. This is unquestionably a very heinous crime, as it robs the 31 Ed. 3. m. 11, 12.

King of his subjects, banishes a man from his country, and KEVERE. A cover or vessel used in a dairy-house for may, in its consequences, be productive of the most cruel milk or whey. Paroch. Antiq. 386.

and disagreeable hardships; and therefore the common law KEY, Kaia and caya, Sax. Leg. Teut. Kay, now gene- of England has punished it with fine, imprisonment, and pilrally spelled Quay, from the French quai.] A wharf to landlory. 2 Show. 221; Skin. 47; Comb. 10; 4 Comm. 219. or ship goods or wares at. The verb caiare, in old writers, The 11 & 12 W. 3. c. 7. though principally intended against signifies (according to Scaliger) to keep in, or restrain : and pirates, had a clause to prevent the leaving abroad, by masso is the earth or ground, where keys are made, with planks ters of vessels, of persons who had been kidnapped or spirited and posts. Cowell.

away : that clause was repealed by the 9 G. 4. c. 31. which The lawful keys and wharfs for lading or landing goods by s. 30. enacts, that if any master of a merchant vessel belonging to the port of London, were Chester's Key, Brewer's shall (during his being abroad) force any man on shore, or Key, Galley Key, Wool Dock, Custom-house Key, Bear Key, wilfully leave him behind, or refuse to bring home all such Porter's Key, Sab's Key, Wiggan's Key, Young's Key, Ralph's men as he carried out, if they are in a condition to return, Key, Dice's Key, Smart's Key, Somer's Key, Hammond's Key, he shall be guilty of a misdemeanor, and shall, on convicLyon's Key, Botolph Wharf, Grant's Key, Cock's Key, and tion, be imprisoned for such time as the court shall award, Fresh Wharf; besides Billingsgate, for landing of fish and and such offences may be prosecuted by indictment or by infruit; and Bridgehouse, in Southwark, for corn and other pro- formation at the suit of the attorney-general in K. B., and vision, &c. but for no other goods or merchandise. Deal may be alleged to be committed at Westminster; and that boards, masts, and timber, may be landed at any place be- court may issue commissions to examine witnesses abroad. tween Limehouse and Westminster, the owner first paying As to the stealing of children, see tit. Child. or compounding for the customs, and declaring at what place KILDERKIN. A vessel of ale, &c. containing eighteen he will land them. Lex Mercat, 132, 133; stat. 13 & 14 Car. 2. gallons. c. 11. $ 14; Rot. Scac. 19 Car. 2. These quays were some KILKETH. An ancient servile payment made by tenants years ago purchased out of money advanced by government, in husbandry. Cowell. with a view to the improvement of the port of London. See | KILLAGIUM. Keelage. Cowell. the acts 43 G. 3. c. cxxiv ; 46 G. 3. c. 118.

KILLING CATTLE maliciously. 7 & 8 G. 4. c. 29. s. 25. There is now a lawful wharf at Hungerford Market, for 7 & 8 G. 4. c. 30. s. 16. See tit. Cattle. the landing of goods or merchandize, and passengers for KILLYTHSTALLION. A custom by which lords of steam-boats, &c. See 11 G. 4. c. 70.

| manors were bound to provide a stallion for the use of their By the 7 & 8 G. 4. c. 29. s. 17. persons stealing goods or tenants' mares. Spelm. Gloss. merchandize from any dock, wharf, or quay adjacent to any KILTH. Ac omnes annuales redditus de quadam consueport of entry or discharge, navigable river, or canal, or to tudine in, fic, vocat. Kilth. Pat. 7 Eliz. any creek, &c, may, on conviction, be transported for life, or KINDRED. Are a certain body of persons of kin or renot less than seven years, or imprisoned for not exceeding lated to each other. There are three degrees of kindred in four years, and if males, whipped.

our law; one in the right line descending, another in the KÉYAGE, Kaiagium.] The money or toll paid for lading right line ascending, and the third in the collateral line. or unlading wares at a key or wharf. Rot. Pat. 1 Edw. 3. The right line descending, wherein the kindred of the male m. 10; 20 Edw. 3. m. 1.

line are called Agnati, and of the female line Cognati, is from KEYLES or KEELS, Ciuli or Ciules.] A kind of long- the father to the son, and so on to his children in the male boats of great antiquity, mentioned in stat. 23 H. 8. c. 18. and female line; and if no son, then to the daughter, and to Spelm.

| her children in the male and female line; if neither son nor KEYING. Five fells, or pelts, or sheeps-skins with their daughter, or any of their children, to the nephew and his wool on them. Cowell.

children, and if none of them, to the niece and her children; KEYUS, KEYS. A guardian, warden, or keeper. Mon. if neither nephew nor niece, nor any of their children, then Ang. tom. 2. p. 71. In the Isle of Man, the twenty-four to the grandson or grand-daughter of the nephew : and if chief commoners, who are, as it were, conservators of the neither of them, to the grandson or grand-daughter of the liberties of the people, are called keys of the island. See tit. niece; and if none of them, then to the great grandson or Man, Isle of.

great grand-daughter of the nephew and of the niece, &c. et KICHELL. A cake: it was an old custom for godfathers sic ad infinitum. and godmothers, every time their godchildren asked them. The right line ascending is directly upwards; as from the blessing, to give them a cake, which was called a God's son to the father or mother; and if neither father nor moKichell. Cowell.

ther, to the grandfather or grandmother; if no grandfather KIDDER. Signified one that badges or carries corn, or grandmother, to the great grandfather or great granddead victual, or other merchandize, up and down to sell. mother; if neither great grandfather or great grandmother, 5 Eliz, c. 12. They are also called Kiddiers in 13 Eliz. to the father of the great grandfather, or the mother of the c. 25.

great grandmother; and if neither of them, then to the great KIDDLE, KIDLE, or KEDEL, Kidellus.] Adam 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 great grandfather, or great grandmother's great grandmother, fish. 2 Inst. fol. 38. The word is ancient, for we meet with et sic ad infinitum. it in Magna Charta, c. 24, and in a charter made by King The collateral line is either descending by the brother and John to the city of London. By stat. 1 H. 4. c. 12. it was his children downwards, or by the uncle upwards : it is beaccorded, inter alia, that a survey should be made of the tween brothers and sisters, and to uncles and aunts, and the rest of the kindred, upwards and downwards, across and VI. Of the King's Prerogative in relation to his Debts ; amongst themselves. 2 Nels. Abr. 1077, 1078.

and see this Dict, titles Execution ; Extent ; There are several rules to know the degrees of kindred ;

Judgment, &c. in the ascending line, take the son and add the father, and it VII. The former and present state of the Prerogative in is one degree ascending, then add the grandfather, and it is a

general. second degree, a person added to a person in the line of consanguinity making a degree; and if there are many persons, 1 1. The executive power of the English nation being take away one, and you have the number of degrees; as if vested in a single person, by the general consent of the there are four persons, it is the third degree, if five, the people, the evidence of which general consent is long and fourth, &c. so that the father, son, and grandchild, in the immemorial usage, it became necessary to the freedom and descending line, though three persons, make but two de- peace of the state, that a rule should be laid down uniform, grees : To know in what degree of kindred the sons of two universal, and permanent, in order to mark out with precibrothers stand, begin from the grandfather and descend to sion who is that single person, to whom are committed (in one brother, the father of one of the sons, which is one de subservience to the law of the land) the care and protection, gree, then descend to his son the ancestor's grandson, which of the community; and to whom, in return, the duty and alis 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, When the succession to the crown was formerly interwhich is one degree, and descend to his son, &c. and it is a rupted by the state of society and the constitution, which second degree ; thus reckoning the person from whom the had not then arrived to the state of perfection it attained in computation is made, it appears there are two degrees, and later ages, and even more recently since the Revolution, disthat the sons of two brothers are distant from each other two tinctions have been frequently made between a King de facto degrees : for in what degree either of them is distant from and de jure. Though it is to be hoped that 'no contest of the common stock, the person from whom the computation is this nature is likely again to rise in these kingdoms, what is made, they are distant between themselves in the same de- just shortly hinted on this subject will doubtless be agreeable gree; and in every line the person must be reckoned from to the student: see further on this subject, title Treason. whom the computation is made. If the kindred are not | If there be a King regnant in possession of the crown, equally distant from the common stock; then in what degree although he be but Rex de facto, and not de jure, yet he is the most remote is distant, in the same degree they are dis- Seignior le Roy : and another that hath right, if he be out tant between themselves, and so the kin of the most remote of possession, he is not within the meaning of the stat. maketh the degree; by which rule, I, and the grandchild of 11 H. 7. c. 1. for the subjects to serve and defend him in my uncle, are distant in the third degree, such grandchild his wars, &c. And a pardon, &c. granted by a King de jure, being distant three degrees from my grandfather, the nearest that is not likewise de facto, is void. 3 Inst. 7. If a King common stock. The common law agrees in its computation that usurps the crown, grants licences of alienation or eswith the civil and canon law, as to the right line ; and only cheats, they will be good against the rightful King; so of with the canon law as to the collateral line. Wood's Inst. pardons, and any thing that doth not concern the King's an48, 49. See further at length, 2 Comm. c. 14 : and this Dict. cient patrimony, or the government of the people : judicial titles Descent ; Executor, III.; V. 8.

acts in the time of such a one, bind the right King and all

who submitted to his judicature. The crown was tost beKING.

tween the two families of York and Lancaster many years ; Rex; from Lat. Rego to rule : Sax. Cyning or Coning.] and yet the acts of royalty done in the reign of the several A monarch or potentate, who rules singly and sovereignly competitors were confirmed by the Parliament: and those over a people : or he that has the highest power and rule in resolutions were made because the common people cannot the land. The King is the head of the state. See Bract. judge of the King's title, and to avoid anarchy and confusion. lib. 1. c. 8.

Jenk. Cent. 130, 1. The SUPREME EXECUTIVE Power of these kingdoms is All judicial acts done by Henry VI. while he was King, vested by the English laws in a single person, the King or and also all pardons of felony, and charters of denization Queen; for it matters not to which sex the crown descends ; granted by him, were deemed valid ; but a pardon made by but the person entitled to it, whether male or female, is im- Edward IV. before he was actually King, was declared void mediately invested with all the ensigns, rights, and prero- even after he came to the crown. "See i Hawk. P. C. c. 17 : gatives of sovereign power: as is declared by stat. 1 Mary, and stat. 1 Edw. 4. c. 1. stat. 3. 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 I. Of the Title and Succession to the Throne.

thereof in the heir, is not a King within this act; as was the II. Of the Royal Family.As to the Queen, see this Dict. case of the House of York during the plenary possession of under that title.

the crown in Henry IV., Henry V., Henry VI. But if the III. Briefly and incidentally of the King's Councils, right heir had once the possession of the crown as King, IV. Of the King's Duties ; and his Coronation Oath. though an usurper had got the possession thereof, yet the V. Of the King's Prerogative.

other continues his style, title, and claim thereto, and after1. Generally.

wards re-obtains the full possession thereof; a compassing 2. As relates to his Royal Character ; wherein of the death of the rightful heir during that interval, is com

his Sovereignty, Perfection, and Perpetuity.' ) passing of the King's death within this act, for he continued 3. With respect to his Authority, Foreign and Do- a King still, quasi in possession of his kingdom ; which was

mestic; in sending Ambassadors; making the case of Edward IV. in that small interval wherein Henry
Treaties, War and Peace: As one of the VI. re-obtained the crown; and the case of Edward V.
Estates of the Realm; Commander of our notwithstanding the usurpation of his uncle Richard III.
Armies and Navies ; the Fountain of Jus- | 1 Hal. Hist. P. c. 104.
tice and of Honour ; Arbiter of Domestic The grand fundamental maxim upon which the Jus Coronæ,

Commerce; Supreme Head of the Church or right of succession to the throne of these kingdoms de4. As regards his Revenues, ordinary and ex-pends, seems to be this : “ That the crown is by common law

traordinary; and, in the latter, of his Civil and constitutional custom hereditary; and this in a manner List.

peculiar to itself; but that the right of inheritance may from

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