Westminster, lawfully, fully, and freely represent all the estates of the people of this realm. The lords are not less the trustees and guardians of their country than the members of the House of Commons. It was justly said, when the royal prerogatives were suspended, during his Majesty's illness in 1788, that the two houses of Parliament were the organs by which the people expressed their will: and in the House of Commons, on the 16th of December, in that year, two declaratory resolutions were accordingly passed, importing, 1. The interruption of the royal authority; 2. That it was the duty of the two Houses of Parliament to provide the means of supplying that defect. On the 23d of the same month a third resolution passed, empowering the Lord Chancellor of Great Britain to affix the great seal to such bill of limitations as might be necessary to restrict the power of the future regent to be named by Parliament. This bill was accordingly brought forward, not without considerable opposition to its provisions, as well from private motives, as on forcible political grounds; and at length, happily for the public, arrested in its progress, by the providential recovery of his Majesty, in March 1789. It is observable, however, that no bill was ever afterwards introduced to guard against a future emergency of a similar nature: on the grounds, undoubtedly, of delicacy to a monarch universally beloved; in the hope of the improbability that such a circumstance should recur in future; and in the confidence of the omnipotence of Parliament, if necessarily called upon again. See Belsham's "Memoirs of George III.," sub. an. 1788-9: and the "Journals of the Lords and Commons."

Towards the end of King William's reign, the King and Parliament thought it necessary to exert their power of limiting and appointing the succession, in order to prevent the vacancy of the throne; which must have ensued upon their deaths, as no further provision was made at the revolution, than for the issue of Queen Mary, Queen Anne, and King William. It had been previously, by the statute 1 William and Mary, stat. 2, c. 2, enacted, that every person who should be reconciled to, or hold communion with, the see of Rome, who should profess the Popish religion, or who should marry a Papist, should be excluded, and for ever incapable to inherit, possess, or enjoy the crown; and that in such case the people should be absolved from their alle.

giance (to such person), and the crown should descend to such persons, being pro testants, as would have inherited the same, in case the person so reconciled, holding communion, professing, or marrying, were naturally dead. To act, therefore, consistently with themselves, and, at the same tine, pay as much regard to the old hereditary line as their former resolutions would admit, they turned their eyes on the Princess Sophia, Electress and Dutchess Dowager of Hanover: for, upon the impending extinction of the Protestant posterity of Charles I., the old law of legal descent directed them to recur to the descendants of James I.; and the Princess Sophia, being the youngest daughter of Elizabeth, 'Queen of Bohemia, who was the daughter of James I., was the nearest of the ancient blood-royal, who was not incapacitated by professing the Popish religion. On her, therefore, and the heirs of her body, being protestants, the remainder of the crown, expectant on the death of King William and Queen Anne, without issue, was settled by stat. 12 and 13 William III. c. 2. And at the same time it was enacted, that whosoever should hereafter come to the possession of the crown, should join in the communion of the Church of England, as by law established.

This is the last limitation of the crown that has been made by Parliament; and all the several actual limitations, from the time of Henry VI. to the present, (stated at large in 1 Comm. c. 3.) do clearly prove the power of the King and Parliament to new-model or alter the succession. And indeed it is now again made highly penal to dispute it; for by stat. 6 Anne, c. 7, it is enacted, that if any person maliciously, advisedly, and directly, shall maintain, by writing, or printing, that the kings of this realm, with the authority of Parliament, are not able to make laws to bind the crown and the descent thereof, he shall be guilty of high treason; or if he maintains the same only by preaching, teaching, or advised speaking, he shall incur the penalties of a præmunire. The Princess Sophia dying before Queen Anne, the inheritance, thus limited, descended on her son King George I.; and having taken effect in his person, from him it descended to his late Majesty King George II., and from him to his grandson and heir, our present gracious sovereign King George III. Formerly the common stock from which the heirs to the crown were derived, was King Egbert,

then William the Conqueror. In the time of James I., both stocks were united; and, by the abdication of James H., the common stock is the Princess Sophia, and the heirs of her body, being Protestant members of the Church of England, and married to such as are Protestants. This is therefore an hereditary monarchy, duly constituted between the extremes of divine here. ditary, indefeasible right, and elective succession.

With respect to the royal family, the first branch considered in the law is the Queen, as to whom, see title QUEEN.

The Prince of Wales, or heir-apparent to the crown, and also his royal consort; and the Princess Royal, or eldest daughter of the King, are likewise peculiarly regarded by the laws. For, by statute 25 Edw. III. to compass or conspire the death of the former, or to violate the chastity of the latter, is as much high treason as to conspire the death of the king, or violate the chastity of the queen. See TREASON.

The heir apparent to the crown is usually made Prince of Wales and Earl of Chester by special creation and investiture; but being the king's eldest son, he is, by inheritance, Duke of Cornwall, without any new creation.

The observations in Coke's Reports, how ever, as well as the words of the statute, it has been remarked, limit the dukedom of Cornwall to the first begotten (rather first born) son of a King of England, and to him only. But although from this it is manifest that a Duke of Cornwall must be the first begotten son of a king, yet it is not necessary that he should be born after his father's accession to the throne. The younger sons and daughters of the King and other branches of the royal family, were little regarded by the ancient law, except with regard to their state and precedence, which was directed by statute 31 Hen. VIII. c. 10; and it was agreed by all the judges, in 1718, that the care and approbation of the marriages are of the King's grand-children, as well as of the presumptive heir to the crown, belonged to the King, their grand father. And now, by statute Geo. III. c. 11, no descendant of the body of King George II. (other than the issue of princesses married into foreign countries) is capable of contracting matrimony, without the previous consent of the King signified under the Great Seal; and any marriage contracted without such consent, is void (a marriage accordingly, which had, in fact,

taken place abroad against the provisions of this act, between one of the sons of George III. and an English lady, was dissolved in 1794, by sentence of the Ecclesiastical Court here); but it is provided by the act, that such of the said descendants as are above the age of twenty-five, may, after a twelve-month's notice given to the King's Privy Council, contract and solemnize marriage without the consent of the crown, unless both Houses of Parliament shall, before the expiration of the said year, expressly declare their disapprobation of such intended marriage. All persons solemnizing, assisting, or being present at any such prohibited marriage, shall incur the penalties of præmunire.

To assist the King in the discharge of his duties and maintenance of his dignity, and exercise of his prerogative, he has several counsels, as the PARLIAMENT, his PEERS, and his PRIVY COUNCIL, which see.

For law matter the judges are his council, as appears by statute 14 Edward III. c. 5, and elsewhere; and therefore when the King's Council is mentioned, it must be understood secundum subjectam materiam, as where a statute enacts a fine at the King's pleasure, it means the discretion of his judges.

It is in consideration of the duties incumbent on the King by our constitution, that his dignity and prerogative are established by the laws of the land; it being a maxim in the law, that protection and subjection are reciprocal. And these reciprocal duties are most probably what was meant by the convention parliament in 1688; when they declared that King James II. had broken the original contract between king and people. But, however, as the terms of that original contract were in some measure disputed, being alleged to exist principally in theory, and to be only deduceable by reason and the rules of natural law; in which deduction, different understandings might very considerably differ; it was, after the revolution, judged proper to declare these duties expressly, and to reduce that contract to a plain certainty. So that whatever doubts might be formerly raised about the existence of such an original contract, they must now entirely cease; especially with regard to every prince who hath reigned since the year 1688.

The principal duty of the King is to govern his people according to law. And this is not only consonant to the principles of

nature, reason, liberty, and society, but has always been esteemed an express part of the common law of England, even when prerogative was at the highest. But to obviate all doubts and difficulties concerning this matter, it is expressly declared by statute 12 and 13 William III. c. 2, That the laws of England are the birth-right of the people thereof; and all the kings and queens who shall ascend the throne of this realm, ought to administer the government of the same according to the said laws; and all their officers and ministers ought to serve them respectively, according to the same; and therefore all the laws and statutes of this realm for securing the established religion, and the rights and liberties of the people thereof, and all other laws and statutes of the same, now in force, are ratified and confirmed accordingly. See LIBERTIES.

As to the terms of the original contract between king and people; these it seems are now couched in the coronation oath, which, by statute 1 William and Mary, c. 6, is to be administered to every King and Queen, who shall succeed to the imperial crown of these realms, by one of the Archbishops or Bishops in the presence of all the people; who, on their parts, do reciprocally take the oath of allegiance to the

crown.

As to the King's prerogatives, revenues, civil list, and authority, see the title PRE

ROGATIVE.

After this the King or Queen, laying his or her hand upon the Holy Gospels shall say, The things which I have here before promised, I will perform and keep, so help me God. And then shall kiss the book. It is also required, both by the Bill of Rights, 1 William and Mary, statute 2, c. 2, and the act of settlement, 12 and 13 William III. c. 2, that every King and Queen, of the age of twelve years, either at their coronation, or on the first day of the first parliament, upon the throne in the House of Peers (which shall first happen) shall repeat and subscribe the declaration against Popery, according to 30 Charles II. statute 2, c. 1.

The above is the form of the coronation oath, as it is now prescribed by our laws; the principal articles of which appear to be at least as ancient as the mirror of justices (c. 1. sect. 2.); and even as the time of Bracton. See 1. 3. tr. 1. c. 9, the act of union, statute 5 Ann, c. 8, recites and confirms two preceding statutes; the one of the parliament of Scotland, the other of the parliament of England; which enact the former, that every King at his accession, shall take and subscribe an oath, to preserve the protestant religion, and presbyterian church government in Scotland; the latter, that at his coronation he shall take and subscribe a similar oath to preserve the settlement of the church of England, within England, Ireland, Wales, and Berwick, and the territories thereunto belonging.

KING at arms, or of arms, an officer who directs the heralds, presides at their chapters, and has the jurisdiction of armory. There are three kings of arms in England, namely, Garter, Clarencieux, and Norroy.

KING, Garter principal, at arms. He, among other privileges, marshals the solemnities at the funerals of the prime nobility, and carries the garter to kings and princes beyond sea, being joined in commission with some peer of the kingdom. See GAR

TER.

KING, Clarencieux, at arms. This King (who is next to Garter) is called Clarencieux, from the Duke of Clarence to whom he first belonged; for Lionel, third son of King Edward III. marrying the daughter and heir to the Earl of Ulster in Ireland, with her had the honour of Clare in the county of Thomond, whereupon he was afterwards created Duke of Clarence, or the territory about Clare; which dukedom escheating to Edward IV. by the death of his brother George Duke of Clarence, (who

was secretly murdered in the Tower of London) he made the Herald, who properly belonged to that Duke, a King of Arms, and named him Clarencieux.

His office is to marshal and dispose of the funerals of all the lesser nobility, as Baronets, Knights of the Bath, Knights Batchelors, Esquires, and Gentlemen, on the south side of the river Trent, and therefore is sometimes called Surroy, or SouthRoy.

KING, Norroy, at arms. The office of this King, (who is called Norroy or North-Roy) is to do the like on all the north side of Trent, as Clarencieux on the south; and, these being both provincial Kings of Arms, have the whole kingdom of England divided between them; and are created by letters patents, a book, a sword, &c. as Garter, and with almost the same ceremony.

Note. That in the sixth of Edward VI. Bartholomew Butler, York Herald, was created Ulster King of Arms in Ireland, at which time Philip Butler was made Athlone Pursuivant of Arms there; and upon their creation, a warrant was issued to Sir Ralph Sadler, Knight of the King's Wardrobe, to deliver to the said Bartholomew Butler, alias Ulster King of Arms of Ireland, one coat of blue and crimson velvet, embroidered with gold and silver upon the same with the King's Arms; and to the said Philip Butler, Athlone Pursuivant, one coat of sarsenet of the King's colours, with the arms laid on with gold and purple.

KING at arms, Lyon, for Scotland, is the second king at arms for Great Britain; he is invested and solemnly crowned. He publishes the king's proclamations, marshals funerals, reverses arms, appoints messengers at arms, &c. See COLLEGE of heralds.

KING's Bench. The King's Bench is the supreme court of common law in the kingdom; and is so called, because the King used to sit there in person: it consists of a chief justice, and three puisne justices, who are by their office the sovereign conservators of the peace, and supreme coroners of the land. This court has a peculiar jurisdiction, not only over all capital offences, but also over all other misdemeanors of a public nature, tending either to a breach of the peace, or to oppression, or faction, or any manner of misgovernment. It has a discretionary power of inflicting exemplary punishment on offenders, either by fine, imprisonment, or other infamous punish ment, as the nature of the crime, considered in all its circumstances, shall require.

The jurisdiction of this court is so transcendant, that it keeps all inferior jurisdictions within the bounds of their authority; and it may either remove their proceedings to be determined here, or prohibit their progress below: it superintends all civil corporations in the kingdom; commands magistrates and others to do what their duty requires by mandamus, in every case where there is no specific remedy; protects the liberty of the subject, by speedy and summary interposition; and takes cognizance both of criminal and civil causes, the former in what is called the crown side, or crown office, the latter in the plea side of the court. This court has cognizance on the plea side, of all actions of trespass, or other injury alleged to be committed vi et armis ; of actions for forgery of deeds, maintenance, conspiracy, deceit; and actions on the case which allege any falsity or fraud. In proceedings in this court the defendant is arrested for a supposed trespass, which in reality he has never committed, and being thus in the custody of the marshal of this court, the plaintiff is at liberty to proceed against him for any other personal injury, which surmise of being in the custody of the marshal the defendant is not at liberty to dispute. This court is likewise a court of appeal, into which may be removed, by writ of error, all determinations of the court of Common Pleas, and of all inferior courts of record in England. It is now usually held at Westminster; but was formerly attendant upon the King's person, and original writs are returnable" wheresoever we (the King) shall then be in England."

KNAPSACK; a rough leather or canvass bag, which is strapped to an infantry soldier's back when he marches, and which contains his necessaries. Square knapsacks are supposed to be most convenient. They should be made with a division to hold the shoes, blacking-balls, and brushes, separate from the linen. White goat-skins are sometimes used; but we do not conceive them to be equal to the painted canvass ones. Soldiers in the British service are put under stoppages for the payment of their knap. sack, which after six years become their property. Knapsack is said to have been originally so called from the circumstance of a soldier making use of a sack which had been full of corn, &c. In those days there were no roads, and every thing was carried on packhorses. When the soldiers reposed, they hung up the empty sacks, and slept in them. The word should be napsack, from

napping, &c. to slumber. The army was supplied by packhorses, and all things were in sacks, so that every soldier had his sack. Such is the account given by a very worthy and respectable friend; but we are inclined to think that knapsack comes from the Saxon word snapsack, a bag to carry food. See James's Dictionary.

KNAUTIA, in botany, so named from Christopher Knaut, a genus of the Tetrandria Monogynia class and order. Natural order of Aggregatæ. Dipsacea, Jussieu. Essential character: calyx common oblong, simple, five to ten-flowered; corollets irregular; receptacle naked. There are four species, mostly natives of the Levant.

KNEE. See ANATOMY. KNEE, a crooked piece of timber, having two branches or arms, and generally used to connect the beams of a ship with her sides or timbers. The branches of the knees form an angle of greater or smaller extent, according to the mutual situation of the pieces which they are designed to unite. One branch is securely bolted to one of the deck-beams, and the other in the same manner strongly attached to a corres ponding timber in the ship's side. Besides the great utility of knees in connecting the beams and timbers into one compact frame, they contribute greatly to the strength and solidity of the ship, in the different parts of her frame to which they are bolted, and thereby enable her with great firmness to resist the effects of a turbulent

sea.

This

KNIGHT, in military concerns. word is an anglicism of the German word knecht, signifying a person possessing the talents and bravery of a soldier, and rewarded for some particular acts of courage and address by the sovereign.

Knights, or Equites, in the Roman art of war were originally instituted by Romulus, who selected three hundred athletic young men from the best families of the class of Patricians, and had them trained to serve their country on horseback. This politic mode of securing the services of the most important part of the community to the existing government was improved upon by Servius Tullus, after the introduction of the census, who admitted all persons worth four hundred sestertia into the noble order of the Equites, whose conduct and morals were irreproachable, a precaution highly honourable to the Roman character, and acted upon rigidly by monarchs, consuls and censors.

Having ascertained this point, by regular scrutiny, the name of the individual approved was enrolled with those/ of the order, a ring was presented to him, as a pledge of his acceptance into it, and he received a horse provided at the public expense; thus instituted a knight, he was required and expected to appear at a moment's notice ready to execute to the utmost of his ability those services which the state demanded.

There were three distinct and solemn acts performed by the government calculated to impress the members with the necessity of adhering to their compact with their country; those were termed the Probatio, the Transvectio, and the Recensio. The first may be considered an annual examination as to the moral conduct of the Equites, the state of their arms, their horses, and their own health; the second, an universal assemblage of the knights in the forum, is thus described by Dyonisius: "The sacri fices being finished, all those who are allowed horses at the expense of the state, ride along in order, as if returning from a battle, being habited in the Toga Palmatæ, or the Trabæ, and crowned with wreaths of olive. The procession begins at the temple of Mars, without the walls, and is carried on through all the eminent parts of the city, particularly the Forum, and the temple of Castor and Pollux. The number sometimes reaches to five thousand; every man bearing the gifts and ornaments received as a reward of his valour from the general. A most glorious sight, and worthy of the Roman grandeur." According to Plutarch this honourable body of soldiers, and the rest of the army engaged in battle with the Latins, about the two hundred and fifty-seventh year of the city, were personally assisted by Castor and Pollux, who afterwards appeared in Rome mounted on horses foaming with exertion, near the fountain where their temple was subsequently erected; grateful for their supernatural aid, the Romans established the Transvectio in honour of the deified brothers.

The Recensio resembled the Probatio in some degree, except that more importance was attached to the former, as it was an universal muster of the whole people including the Equites, to answer the useful military purposes of ascertaining the then state of discipline of men bearing arms, enrolling of new names, and expunging