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Westminster, lawfully, fully, and freely re- giance (to such person), and the crown present all the estates of the people of this should descend to such persons, being pro. realm. The lords are not less the trustees testants, as would have inherited the same, and guardians of their conntry than the in case the person so reconciled, holding members of the House of Commons. It communion, professing, or marrying, were was justly said, when the royal prerogatives naturally dead. To act, therefore, consist. were suspended, during his Majesty's ill- ently with themselves, and, at the same ness in 1788, that the two houses of Parlia. tiine, pay as much regard to the old herediment were the organs by which the people tary line as their former resolutions would expressed their will: and in the House of admit, they turned their eyes on the PrinCommons, on the 16th of December, in cess Sophia, Electress and Dutchess Dowthat year, two declaratory resolutions were ager of Hanover : for, upon the impending accordingly passed, importing, 1. The in- extinction of the Protestant posterity of terruption of the royal authority; 2. That Charles I., the old law of legal descent di. it was the dnty of the two Houses of Par- rected them to recur to the descendants of liament to provide the means of supplying James I. ; and the Princess Sophia, being that defect. On the 25d of the same month the youngest daughter of Elizabeth, 'Queen a third resolution passed, empowering the of Bohemia, who was the daughter of Lord Chancellor of Great Britain to affix James I., was the nearest of the ancient the great seal to such bill of limitations as blood-royal, who was not incapacitated by might be necessary to restrict the power of professing the Popish religion. On her, the future regent to be named by Parlia- therefore, and the heirs of her body, being ment. This bill was accordingly brought protestants, the remainder of the crown, forward, not without considerable opposi. expectant on the death of King William tion to its provisions, as well from private and Queen Anne, without issue, was set. motives, as on forcible political grounds; tled by stat. 12 and 13 William III. c. 2. and at length, happily for the public, arrest. And at the same time it was enacted, that ed in its progress, by the providential reco- whosoever should hereafter come to the posvery of his Majesty, in March 1789. It is session of the crown, should join in the comobservable, however, that no bill was ever munion of the Church of England, as by law afterwards introduced to guard against a established. future emergency of a similar nature : on This is the last limitation of the crown the grounds, undoubtedly, of delicacy to a that has been made by Parliament; and all monarch universally beloved; in the hope the several actual limitations, from the time of the improbability that such a circum- of Henry VI. to the present, (stated at stance should recur in future; and in the large in 1 Comm. c. 3.) do clearly prove confidence of the omnipotence of Parlia. the power of the King and Parliament to ment, if necessarily called upon again. See new-model or alter the succession. And Belshani's “Memoirs of George III.,” sub. indeed it is now again made highly penal an. 1788–9: and the “ Journals of the Lords to dispnte it; for by stat. 6 Anne, c. 7, it is and Commons."
enacted, that if any person maliciously, adTowards the end of King William's reign, visedly, and directly, shall maintain, by the King and Parliament thought it neces. writing, or printing, that the kings of this sary to exert their power of limiting and realm, with the authority of Parliament, appointing the succession, in order to pre- are not able to make laws to bind the vent the vacancy of the throne; which must crown and the descent thereof, he shall be have ensued upon their deaths, as no fur- guilty of high treason; or if he maintains ther provision was made at the revolution, the same only by preaching, teaching, or than for the issue of Queen Mary, Queen advised speaking, he shall incur the penalApne, and King William. It bad been pre- ties of a præmunire. The Princess Sophia viously, by the statute 1 William and Mary, dying before Queen Anne, the inheritance, , stat. 2, c. 2, enacted, that every person thus limited, descended on her son King who should be reconciled to, or hold com. George I.; and having taken effect in his munion with, the see of Rome, who should person, from him it descended to his late profess the Popish religion, or who should Majesty King George II., and from him to marry a Papist, should be excluded, and his grandson and heir, our present gracious for ever incapable to inherit, possess, or en- sovereign King George III. Formerly the joy the crown; and that in such case the common stock from which the heirs to the people should be absolved from their alle. crowd were derived, was King Egbert,
then William the Conqueror. In the time taken place abroad against the provisions of James I., both stocks were noited; and, of this act, between one of the suns of by the abdication of James II., the com- George III, and an English lady, was dismon stock is the Princess Sophia, and the solved in 1794, by sentence of the Ecclesiheirs of her body, being Protestant mem- astical Court here); but it is provided by bers of the Church of England, and married the act, that such of the said descendants as to such as are Protestants. This is there are above the age of twenty-five, may, fore an hereditary monarchy, duly consti- after a twelve-month's notice given to the tuted between the extremes of divine here. King's Privy Council, contract and solemditary, indefeasible right, and elective suc- nize marriage without the consent of the cession,
crown, unless both Houses of Parliament With respect to the royal family, the first shall, before the expiration of the said year, branch considered in the law is the Queen, expressly declare their disapprobation of as to whom, see title QUEEN.
such intended marriage. All persons soThe Prince of Wales, or beir-apparent lemnizing, assisting, or being present at any to the crown, and also his royal consort; such prohibited marriage, shall incur the and the Princess Royal, or eldest daughter penalties of præmunire. of the King, are likewise peculiarly regarded To assist the King in the discharge of by the laws. For, by statute 25 Edw. III. his duties and maintenance of his dignity, to compass or conspire the death of the for- and exercise of his prerogative, he has semer, or to violate the chastity of the latter, veral counsels, as tbe PARLIAMENT, his is as much high treason as to conspire the Peers, and his PRIVY COUNCIL, which death of the king, or violate the chastity see. of the queen. See TREASON.
For law matter the judges are his counThe heir-apparent to the crown is usually cil, as appears by statute 14 Edward III. made Prince of Wales and Earl of Ches- c. 5, and elsewhere; and therefore when the ter by special creation and investiture; but King's Conncil is mentioned, it must be being the king's eldest son, he is, by inhe- understood secundum subjectam materiam, ritance, Duke of Cornwall, without any as where a statute enacts a fine at the new creation.
King's pleasure, it means the discretion of The observations in Coke's Reports, how. his judges. ever, as well as the words of the statute, it It is in consideration of the duties incumhas been remarked, limit the dukedom of bent on the King by our constitution, that Cornwall to the first begotten (rather first his dignity and prerogative are established born) son of a King of England, and to by the laws of the land; it being a maxim him only. Bot although from this it is in the law, that protection and subjection manifest that a Duke of Cornwall must be are reciprocal. And these reciprocal duthe first begotten son of a king, yet it is ties are most probably what was meant by not necessary that he should be born after the convention parliament in 1688 ; when his father's accession to the throne. The they declared that King James II. had younger sons and daughters of the King and broken the original contract between king other branches of the royal family, were and people. But, however, as the terms of little regarded by the ancient law, except that original contract were in some meawith regard to their state and precedence, sure disputed, being alleged to exist prinwhich was directed by statute 31 Hen. VIII. cipally in theory, and to be only deduceable c. 10; and it was agreed by all the judges, by reason and the roles of natural law ; in in 1718, that the care and approbation of which deduction, different moderstandings the marriages are of the King's grand-chil- might very considerably differ; it was, af. dren, as well as of the presumptive heir to ter the revolution, judged proper to declare the crown, belonged to the King, their these duties expressly, and to redace that grand father. And now, by statute Geo. III. contract to a plain certainty. So that c. 11, no descendant of the body of King whatever doubts might be formerly raised George II. (other than the issue of prin- about the existence of such an original concesses married into foreign countries) is tract, they must now entirely cease ; espe. capable of contracting matrimony, without cially with regard to every prince who hath the previous consent of the King signified reigned since the year 1688. under the Great Seal; and any marriage The principal duty of the King is to gocontracted without such consent, is void · vern his people according to law. And this (a marriage accordingly, which had, in fact, is not only consonapt to the principles of
nature, reason, liberty, and society, but has After this the King or Queen, laying his or always been esteemed an express part of her hand upon the Holy Gospels shall say, the common law of England, even when The things which I have here before proprerogative was at the highest. But to obvi- mised, I will perform and keep, so lielp me ate all doubts and difficulties concerning this God. And then shall kiss the book. It matter, it is expressly declared by statute is also required, both by the Bill of 12 and 13 William III. c. 2, That the laws Rights, 1 William and Mary, statute 2, of England are the birth-right of the people c. 2, and the act of settlement, 12 and 13 thereof; and all the kings and queens who William III. c. 2, that every King and shall ascend the throne of this realm, ought Queen, of the age of twelve years, either to administer the government of the same at their coronation, or on the first day of according to the said laws; and all their of the first parliament, upon the throne in the ficers and ministers ought to serve them res House of Peers (which shall first liappen) spectively, according to the same; and shall repeat and subscribe the declaration therefore all the laws and statutes of this against Popery, according to 30 Charles II. realm for secaring the established religion, statute 2, c. 1. and the rights and liberties of the people .The above is the form of the coronation thereof, and all other laws and statutes of oath, as it is now prescribed by our laws ; the same, now in force, are ratified and con- the principal articles of which appear to be firmed accordingly. See LIBERTIES. at least as ancient as the mirror of jastices
As to the terms of the original contract (c. 1. sect. 2.); and even as the time of between king and people; these it seems Bracton. See 1. 3. tr. 1. c. 9, the act of are now couched in the coronation oath, union, statute 5 Ann, C. 8, recites and conwhich, by statute 1 William and Mary, c. 6, firms two preceding statutes; the one of is to be administered to every King and the parliament of Scotland, the other of the Queen, who shall succeed to the imperial parliament of England; which enact the crown of these realms, by one of the Arch- former, that every King at his accession, bishops or Bishops in the presence of all the shall take and subscribe an oath, to prepeople ; who, on their parts, do recipro- serve the protestant religion, and presbytecally take the oath of allegiance to the rian church government in Scotland, the crown.
latter, that at his coronation he shall take As to the King's prerogatives, revenues, and subscribe a similar oath to preserve the civil list, and authority, see the title Pre- settlement of the church of England, within ROGATIVE.
England, Ireland, Wales, and Berwick, and This coronation oath is conceived in the the territories thereunto belonging. following terms:
King at arms, or of arms, an officer who The Archbishop or Bishop shall say, will directs the heralds, presides at their chapyou solemnly promise and swear to govern ters, and has the jurisdiction of armory. the people of this kingdom of England. There are three kings of arms in England, (quere Great Britain. See statute 5 Ann. , namely, Garter, Clarencieux, and Norroy. c. 8, sect. 1. and this dictionary, title Scot- KING, Garter principal, at arms. He, Jand ;) and the dominions thereto belonging, among other privileges, marshals the solemaccording to the statutes in parliament pities at the funerals of the prime nobility, agreed on; and the laws and customs of the and carries the garter to kings and princes same? The King or Queen shall say, I so- beyond sea, being joined in commission lemnly promise so to do. Archbishop or with some peer of the kingdom. See GARBishop, Will you to your power canse law TER. and justice, in mercy, to be executed in all K ING, Clarencieux, at arms. This King your judgments? King or Queen, I will. (who is next to Garter) is called ClarenArchbisbop or Bishop, Will you to the utmost cieux, from the Duke of Clarence to whom of your power maintain the laws of God, the he first belonged; for Lionel, third son of true profession of the gospel, and the pro- King Edward III. marrying the daughter testant reformed religion established by the and heir to the Earl of Ulster in Ireland, law ? and will you preserve unto the bishops with her had the honour of Clare in the and the clergy of this realm, and to the county of Thomond, whereupon he was churches committed to their charge, all afterwards created Duke of Clarence, or such rights and privileges as by law do or the territory about Clare; which dukedom shall appertain unto them or any of them? escheating to Edward IV. by the death of King or Queen, All this I promise to do. his brother George Duke of Clarence, (who
was secretly murdered in the Tower of The jurisdiction of this court is so trans: London) he made the Herald, who pro- cendant, that it keeps all inferior jurisdicperly belonged to that Duke, a King of tions within the bounds of their authority; Arms, and named him Clarencieux.
and it may either remove their proceedings His office is to marshal and dispose of to be determined here, or prohibit their the funerals of all the lesser nobility, as progress below: it superintends all civil Baronets, Knights of the Bath, Knights corporations in the kingdom; commands Batchelors, Esquires, and Gentlemen, on magistrates and others to do what their the south side of the river Trent, and there duty requires by mandamus, in every case fore is sometimes called Sarroy, or South- wliere there is no specific remedy; proRoy.
tects the liberty of the subject, by speedy KING, Norroy, at arms. The office of this and summary interposition; and takes cogKing, (who is called Norroy or North-Roy) nizance both of criminal and civil causes, is to do the like on all the north side of the former in what is called the crown side, Trent, as Clarencieux on the south; and, or crown office, the latter in the plea side these being both provincial Kings of Arms, of the court. This court has cognizance on have the whole kingdom of England divided the plea side, of all actions of trespass, or between them; and are created by letters other injury alleged to be committed vi et patents, a book, a sword, &c. as Garter, and armis ; of actions for forgery of deeds, main: with almost the same ceremony.
tenance, conspiracy, deceit; and actions Note. That in the sixth of Edward VI. on the case which allege any falsity or fraud. Bartholomew Butler, York Herald, was In proceedings in this court the defendant created Ulster King of Arms in Ireland, at is arrested for a supposed trespass, which in which time Philip Butler was made Athlone reality he has never committed, and being Pursuivant of Arms there ; and upon their thus in the custody of the marshal of this creation, a warrant was issued to Sir Ralpb court, the plaintiff is at liberty to proceed Sadler, Knight of the King's Wardrobe, to against him for any other personal injury, deliver to the said Bartholomew Butler, which surmise of being in the custody of the alias Ulster King of Arms of Ireland, one marshal the defendant is not at liberty to coat of blue and crimson velvet, embroider. dispute. This court is likewise a court of ed with gold and silver upon the same with appeal, into which may be removed, by the King's Arms; and to the said Philip writ of error, all determinations of the court Butler, Athlone Parsuivant, one coat of of Common Pleas, and of all inferior courts sarsenet of the King's colours, with the of record in England. It is now usually held arms laid on with gold and purple.
at Westminster; but was formerly attendant King at arms, Lyon, for Scotland, is the upon the King's person, and original writs second king at arms for Great Britain; he are returnable " wheresoever we (the King) is invested and solemnly crowned. He shall then be in England.” publishes the king's proclamations, marshals KNAPSACK; a rough leather or canvass funerals, reverses arms, appoints messengers bag, which is strapped to an infantry solat arms, &c. See COLLEGE of heralds. . dier's back when he marches, and which
KING's Bench. The King's Bench is the contains his necessaries. Square knapsacks supreme court of common law in the king. are supposed to be most convenient. They dom; and is so called, because the King should be made with a division to' bold the used to sit there in person : it consists of a shoes, blacking-balls, and brushes, separate chief justice, and three puisne justices, who from the linen. White goatskins are some are by their office the sovereign conserva- times used; but we do not conceive them tors of the peace, and supreme coroners of to be equal to the painted canvass ones. the land. This coart has a peculiar juris. Soldiers in the British service are put under diction, not only over all capital offences, stoppages for the payment of their knap. but also over all other misdemeanors of a sack, which after six years become their public pature, tending either to a breach of property. Knapsack is said to bave been the peace, or to oppression, or faction, or originally so called from the circumstance any manner of misgovernment. It has a of a soldier making use of a sack which had discretionary power of inflicting exemplary been full of corn, &c. In those days there pauishment on offenders, either by fine, were no roads, and every thing was carried imprisonment, or other infamous purishi on packhorses. When the soldiers reposed, ment, as the nature of the crime, considered they hang up the empty sacks, and slept in in all its circumstances, shall require. them. The word should be papsack, from
napping, &c. to slumber. The army was Having ascertained this point, by regular supplied by packhorses, and all things were scrutiny, the name of the individual approvin sacks, so that every soldier had his sack. ed was enrolled with those of the order, a Such is the account given by a very worthy ring was presented to him, as a pledge of and respectable friend; but we are inclined his acceptance into it, and he received a to think that knapsack comes from the horse provided at the public expense; Saxon word snupsack, a bag to carry food. thus instituted a knight, he was required See James's Dictionary.
and expected to appear at a moment's KNAUTIA, in botany, so named from notice ready to execute to the utmost of Christopher Knaut, a genus of the Tetran- his ability those services which the state. dria Monogynia class and order. Natural demanded. order of Aggregatæ. Dipsaceæ, Jussieu. There were three distinct and solemn Essential character: calyx common oblong, acts performed by the government calculatsimple, five to ten-flowered; corollets irre. ed to impress the members with the necesgular; receptacle naked. There are four sity of adhering to their compact with their species, mostly natives of the Levant. country; those were termed the Probatio, KNEE. See ANATOMY.
the Transvectio, and the Recensio. The KNEE, a crooked piece of timber, having first may be considered an annual examinatwo branches or arms, and generally used tion as to the moral conduct of the Equites, to connect the beams of a ship with her the state of their arms, their horses, and sides or timbers. The branches of the their own health ; the second, an universal knees form an angle of greater or smaller assemblage of the knights in the forum, is extent, according to the mutual sitnation thus described by Dyonisius : “ The sacri. of the pieces which they are designed to fices being finished, all those who are alunite. One branch is securely bolted to lowed horses at the expense of the state, one of the deck-beams, and the other in the ride along in order, as if returning from a same manner strongly attached to a corres. battle, being habited in the Togæ Palmatæ, ponding timber in the ship's side. Besides or the Trabæ, and crowned with wreaths the great utility of knees in connecting the of olive. The procession begins at the beams and timbers into one compact temple of Mars, without the walls, and is frame, they contribute greatly to the carried on through all the eminent parts of strength and solidity of the ship, in the dif. the city, particularly the Forum, and the ferent parts of her frame tu which they are temple of Castor and Pollux. The number bolted, and thereby enable her with great sometimes reaches to five thousand; every firmness to resist the effects of a turbulent man bearing the gifts and ornaments re. sea.
ceived as a reward of his valour from the KNIGHT, in military concerns. This general. A most glorious sight, and worthy word is an anglicism of the German word of the Roman grandeur." According to knecht, signifying a person possessing the Plutarch this honourable body of soldiers, talents and bravery of a soldier, and re- and the rest of the army engaged in battle warded for some particular acts of courage with the Latins, about the two hundred and and address by the sovereign.
fifty-seventh year of the city, were personal. Knights, or Equites, in the Roman art of ly assisted by Castor and Pollux, who after. war were originally instituted by Romulus, wards appeared in Rome mounted on who selected three hundred athletic young horses foaming with exertion, near the men from the best families of the class of Pa. fountain where their temple was subsetricians, and had them trained to serve their quently erected; grateful for their supercountry on horseback. This politic mode of natural aid, the Romans established the securing the services of the most important Transvectio in honour of the deitied bro. part of the community to the existing thers. government was improved upon by Servius The Recensio resembled the Probatio Tullus, after the introduction of the census, in some degree, except that more importwho admitted all persons worth four bun. ance was attached to the former, as it was dred sestertia into the noble order of the an universal muster of the whole people inEquites, whose conduct and morals were cluding the Equites, to answer the useful irreproachable, a precaution highly honour- military purposes of ascertaining the then able to the Roman character, and acted upon state of discipline of men bearing arms, rigidly by monarchs, consuls and censors. enrolling of new names, and expunging