Encyclopaedia Britannica; or, A dictionary of arts and sciences, compiled upon a new plan … > Volume 2, C-L

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cf one fide; and becaufe, though his guilt (hould be ever
fo notorious, he is after death carried beyond the reach
of human penalties : Such trials therefore can have no
effeft, but to punilh the innocent heir, contrary to that
molt equitable rule, cu//>a tenet fuos auttons. 2. Crimes
may be extinguilhed by a remiilion from the Sovereign.
But a remiffion, though it fecures the delinquent from the
public refentment, the exercife of which belongs to the
Crown, cannot cut off the party injured from his claim
of damages, over which the Crown has no prerogative.
Whoever therefore founds on a remiffton, is liable in da¬
mages to the private profecutor, in the fame manner, as
if he had been tried and found guilty. Even general a<5b
cf indemnity paffed in parliament, though they fecure a-
gainft fuch penalties as law inflids upon the criminal,
merely per nudum pae/ue, yet do not againft the payment
of any pecuniary fine, which is given by llatute to the
party injured, nor againll the demand of any claim com¬
petent to him in name of damages.
55. Leffer injuries, which cannot be properly faid to
affed the public peace, may be extinguilhed, either by
the private party’s exprefsly forgiving them, or by his
being reconciled to the offender, after receiving the inju¬
ry. Hence arifes the rule, dijfmulatione tollitur injuria.
But where the offence is of a higher nature, the party
injured, though he may pafs from the profecution, in fo
far as his private intereft is concerned, cannot preclude the
King’s Advocate, or Procurator-fifcal, from infilling ad
vindittarn publicam.
56. Crimes are alfo extinguilhed by prefcription,
LAY
Lawburrows, inScotsLaw. See Law, Titxxx. 16.
LAWLESS court, a court faid to be held annually on
King’s hill, at Rochford, in Effex, on the Wednef-
day morning after Michaelmas day, at cock-crowing,
where they whifper, and have no candle nor any pen
and ink, but only a coal. Perfons who owe fuit, or
fervice, and do not appear, forfeit double their rent
eveiy hour they are milling.
This fervile attendance, Cambden informs us, was
impofed on the tenants for confpiring at the like un-
feafonable time to raife a commotion. The court be¬
longs to the honour of Raleigh, and to the earl of War¬
wick ; and is called lawlefs, from its being held at an
unlawful hour.
LAWN, a fpacious plain in a park, or adjoining to a no¬
ble feat.
LAWSONIA, in botany, a genus of the oflandria mono-
gynia clafs. The calix confifts of four fegments, and
the corolla of four petals; the ftamina are difpofed in
pairs; and there are four capfules containing a great
many feeds. There are two fpecies, both natives of
India.
LAWYER fignifies a counfellor, or one that is learned
or Ikilled in the law.
Lay brothers, among the Romanills, thofe pious,
but illiterate perfons, who devote themfelves, in fome
convent, to the fervire of the religious, They wear
a different habit from that of the religious, but never
w.
which operates by the mere lapfe of time, without any
adf, either of the Sovereign or of the private fufferer.
Crimes prefcribe in twenty years; but in particular
crimes, the prefcription is limited by llatute to a Ihorter
time. Nj pcrfon can be profecuted upon the adt againit
wrongous imprifonment, after three years. High trea-
fon, committed within his Majelly’s dominions, fuffers
hkewile a triennial prefcription, if indidlment be not found
againll the traitor within that time. All adtions, brought
upon any penal llatute mads or to be made, where the pe¬
nalty is appropriated to the Crown, expire in t«o years
after committing the offence ; and where the penalty goes
to the Crown or other perfecutor, the profecutor mud fue
within one year, and the Crown within two years after
the year ended. Certain crimes are, without the aid of
any llatute, extinguilhed by a Ihorter prefcription than
twenty years. By our old law, in the cafes of rape,
robbejy, and hame-fucken, the party injured was not
heard, after a filence of twenty four hours ; from a pre-
fumption, that perfons could not be fo grofsly injured,
without immediately complaining: And it is probable,
that a profecution for thefe crimes, if delayed for any
confideraby time, would be call even at this day, or at
lead the punilhment redridted. Leffer injuries fuffer al¬
fo a fhort prefcription ; law prefuming forgivenefs, from
the nature of the offence, and the filence of the party.
The particular fpace of time fufficient to edablilh this
prefumption mud be determined by the judge, according
to circumdances.
L A Z
enter into the choir, nor are prefent at the chapters ♦
nor do they make any other vow, except of condan-
cy and obedience. In nunneries, there are alfo lay-
fiders.
Lay-man, one who follows a fecular employment, or
has not entered into holy orders.
LAYERS, in gardening, are tender Ihoots, or twigs of
trees, laid or buried in the ground; till having druck
root, they are feparated from the parent-tree, and be¬
come didindl plants..
LAZAR-HOUSE, or Lazaretto, a public-building,
in the nature of an hofpital, to receive the poor and
thofe afflidted with contagious didempers. In fome
places, lazarettos are appointed for the performance
of quarramine; in which cafe, thofe are obliged to
be confined in them who are fufpedted to have come
from places infedled with the plague.
LAZARITES, ox Fathers of St Lazarus, a religious
congregation of regular clerks, indituted in France in
the feventeenth century, by M. Vincent. They take
their name from a houfe in thefuburbs of Paris, where
they have a feminary, called the feminary of good
children. The vows they make are fimple -, and, up¬
on occafion, may be difpenfed with.
LAZULI, or Lapis Lazuli, in natural hidory, one
of the ores of copper, the bafis of which is a crydalline
matter, coloured with that elegant blue which copper
gives to all alkaline liquors.
The