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THE ENCYCLOPÆDIA BRITANNICA
A DICTIONARY OF ARTS, SCIENCES, LITERATURE AND GENERAL INFORMATION
ELEVENTH EDITION
VOLUME XVI SLICE V
Letter to Lightfoot, John
Articles in This Slice
LETTER LIAS LETTERKENNY LIBANIUS LETTER OF CREDIT LIBATION LETTERS PATENT LIBAU LETTRES DE CACHET LIBEL and SLANDER LETTUCE LIBELLATICI LEUCADIA LIBER and LIBERA LEUCIPPUS LIBERAL PARTY LEUCITE LIBER DIURNUS ROMANORUM PONTIFICUM LEUCTRA LIBERIA LEUK LIBERIUS LEUTHEN LIBER PONTIFICALIS LEUTZE, EMANUEL LIBERTAD LEVALLOIS-PERRET LIBERTARIANISM LEVANT LIBERTINES LEVASSEUR, PIERRE EMILE LIBERTINES, SYNAGOGUE OF THE LEVECHE LIBERTY LEVÉE (river embankment) LIBERTY PARTYLETTER (through Fr. lettre from Lat. littera or litera, letter of the alphabet; the origin of the Latin word is obscure; it has probably no connexion with the root of linere, to smear, i.e. with wax, for an inscription with a stilus), a character or symbol expressing any one of the elementary sounds into which a spoken word may be analysed, one of the members of an alphabet. As applied to things written, the word follows mainly the meanings of the Latin plural litterae, the most common meaning attaching to the word being that of a written communication from one person to another, an epistle (q.v.). For the means adopted to secure the transmission of letters see Post and Postal Service. The word is also, particularly in the plural, applied to many legal and formal written documents, as in letters patent, letters rogatory and dismissory, &c. The Latin use of the plural is also followed in the employment of “letters” in the sense of literature (q.v.) or learning.
LETTERKENNY, a market town of Co. Donegal, Ireland, 23 m. W. by S. of Londonderry by the Londonderry and Lough Swilly and Letterkenny railway. Pop. (1901) 2370. It has a harbour at Port Ballyrane, 1 m. distant on Lough Swilly. In the market square a considerable trade in grain, flax and provisions is prosecuted. Rope-making and shirt-making are industries. The handsome Roman Catholic cathedral for the diocese of Raphoe occupies a commanding site, and cost a large sum, as it contains carving from Rome, glass from Munich and a pulpit of Irish and Carrara marble. It was consecrated in 1901. There is a Catholic college dedicated to St Ewnan. The town, which is governed by an urban district council, is a centre for visitors to the county. Its name signifies the “hill of the O’Cannanans,” a family who lorded over Tyrconnell before the rise of the O’Donnells.
LETTER OF CREDIT, a letter, open or sealed, from a banker or merchant, containing a request to some other person or firm to advance the bearer of the letter, or some other person named therein, upon the credit of the writer a particular or an unlimited sum of money. A letter of credit is either general or special. It is general when addressed to merchants or other persons in general, requesting an advance to a third person, and special when addressed to a particular person by name requesting him to make such an advance. A letter of credit is not a negotiable instrument. When a letter of credit is given for the purchase of goods, the letter of credit usually states the particulars of the merchandise against which bills are to be drawn, and shipping documents (bills of lading, invoices, insurance policies) are usually attached to the draft for acceptance.
LETTERS PATENT. It is a rule alike of common law and sound policy that grants of freehold interests, franchises, liberties, &c., by the sovereign to a subject should be made only after due consideration, and in a form readily accessible to the public. These ends are attained in England through the agency of that piece of constitutional machinery known as “letters patent.” It is here proposed to consider only the characteristics of letters patent generally. The law relating to letters patent for inventions is dealt with under the heading Patents.
Letters patent (litterae patentes) are letters addressed by the sovereign “to all to whom these presents shall come,” reciting the grant of some dignity, office, monopoly, franchise or other privilege to the patentee. They are not sealed up, but are left open (hence the term “patent”), and are recorded in the Patent Rolls in the Record Office, or in the case of very recent grants, in the Chancery Enrolment Office, so that all subjects of the realm may read and be bound by their contents. In this respect they differ from certain other letters of the sovereign directed to particular persons and for particular purposes, which, not being proper for public inspection, are closed up and sealed on the outside, and are thereupon called writs close (litterae clausae) and are recorded in the Close Rolls. Letters patent are used to put into commission various powers inherent in the crown—legislative powers, as when the sovereign entrusts to others the duty of opening parliament or assenting to bills; judicial powers, e.g. of gaol delivery; executive powers, as when the duties of Treasurer and Lord High Admiral are assigned to commissioners of the Treasury and Admiralty (Anson, Const. ii. 47). Letters patent are also used to incorporate bodies by charter—in the British colonies, this mode of legislation is frequently applied to joint stock companies (cf. Rev. Stats. Ontario, c. 191, s. 9)—to grant a congé d’élire to a dean and chapter to elect a bishop, or licence to convocation to amend canons; to grant pardon, and to confer certain offices and dignities. Among grants of offices, &c., made by letters patent the following may be enumerated: offices in the Heralds’ College; the dignities of a peer, baronet and knight bachelor; the appointments of lord-lieutenant, custos rotulorum of counties,
Procedure.—Formerly letters patent were always granted under the Great Seal. But now, under the Crown Office Act 1877, and the Orders in Council made under it, many letters patent are sealed with the wafer great seal. Letters patent for inventions are issued under the seal of the Patent Office. The procedure by which letters patent are obtained is as follows: A warrant for the issue of letters patent is drawn up; and is signed by the lord chancellor; this is submitted to the law officers of the crown, who countersign it; finally, the warrant thus signed and countersigned is submitted to His Majesty, who affixes his signature. The warrant is then sent to the Crown Office and is filed, after it has been acted upon by the issue of letters patent under the great or under the wafer seal as the case may be. The letters patent are then delivered into the custody of those in whose favour they are granted.
Construction.—The construction of letters patent differs from that of other grants in certain particulars: (i.) Letters patent, contrary to the ordinary rule, are construed in a sense favourable to the grantor (viz. the crown) rather than to the grantee; although this rule is said not to apply so strictly where the grant is made for consideration, or where it purports to be made ex certâ scientiâ et mero motu. (ii.) When it appears from the face of the grant that the sovereign has been mistaken or deceived, either in matter of fact or in matter of law, as, e.g. by false suggestion on the part of the patentee, or by misrecital of former grants, or if the grant is contrary to law or uncertain, the letters patent are absolutely void, and may still, it would seem, be cancelled (except as regards letters patent for inventions, which are revoked by a special procedure, regulated by § 26 of the Patents Act 1883), by the procedure known as scire facias, an action brought against the patentee in the name of the crown with the fiat of the attorney-general.
As to letters patent generally, see Bacon’s Abridgment (“Prerogative,” F.); Chitty’s Prerogative; Hindmarsh on Patents (1846); Anson, Law and Custom of the Const. ii. (3rd ed., Oxford and London, 1907-1908).
LETTRES DE CACHET. Considered solely as French documents, lettres de cachet may be defined as letters signed by the king of France, countersigned by one of his ministers, and closed with the royal seal (cachet). They contained an order—in principle, any order whatsoever—emanating directly from the king, and executory by himself. In the case of organized bodies lettres de cachet were issued for the purpose of enjoining members to assemble or to accomplish some definite act; the provincial estates were convoked in this manner, and it was by a lettre de cachet (called lettre de jussion) that the king ordered a parlement to register a law in the teeth of its own remonstrances. The best-known lettres de cachet, however, were those which may be called penal, by which the king sentenced a subject without trial and without an opportunity of defence to imprisonment in a state prison or an ordinary gaol, confinement in a convent or a hospital, transportation to the colonies, or relegation to a given place within the realm.
The power which the king exercised on these various occasions was a royal privilege recognized by old French law, and can be traced to a maxim which furnished a text of the Digest of Justinian: “Rex solutus est a legibus.” This signified particularly that when the king intervened directly in the administration proper, or in the administration of justice, by a special act of his will, he could decide without heeding the laws, and even in a sense contrary to the laws. This was an early conception, and in early times the order in question was simply verbal; thus some letters patent of Henry III. of France in 1576 (Isambert, Anciennes lois françaises, xiv. 278) state that François de Montmorency was “prisoner in our castle of the Bastille in Paris by verbal command” of the late king Charles IX. But in the 14th century the principle was introduced that the order should be written, and hence arose the lettre de cachet. The lettre de cachet belonged to the class of lettres closes, as opposed to lettres patentes, which contained the expression of the legal and permanent will of the king, and had to be furnished with the seal of state affixed by the chancellor. The lettres de cachet, on the contrary, were signed simply by a secretary of state (formerly known as secrétaire des commandements) for the king; they bore merely the imprint of the king’s privy seal, from which circumstance they were often called, in the 14th and 15th centuries, lettres de petit signet or lettres de petit cachet, and were entirely exempt from the control of the chancellor.
While serving the government as a silent weapon against political adversaries or dangerous writers and as a means of punishing culprits of high birth without the scandal of a suit at law, the lettres de cachet had many other uses. They were employed by the police in dealing with prostitutes, and on their authority lunatics were shut up in hospitals and sometimes in prisons. They were
Protests against the lettres de cachet were made continually by the parlement of Paris and by the provincial parlements, and often also by the States-General. In 1648 the sovereign courts of Paris procured their momentary suppression in a kind of charter of liberties which they imposed upon the crown, but which was ephemeral. It was not until the reign of Louis XVI. that a reaction against this abuse became clearly perceptible. At the beginning of that reign Malesherbes during his short ministry endeavoured to infuse some measure of justice into the system, and in March 1784 the baron de Breteuil, a minister of the king’s household, addressed a circular to the intendants and the lieutenant of police with a view to preventing the crying abuses connected with the issue of lettres de cachet. In Paris, in 1779, the Cour des Aides demanded their suppression, and in March 1788 the parlement of Paris made some exceedingly energetic remonstrances, which are important for the light they throw upon old French public law. The crown, however, did not decide to lay aside this weapon, and in a declaration to the States-General in the royal session of the 23rd of June 1789 (art. 15) it did not renounce it absolutely. Lettres de cachet were abolished by the Constituent Assembly, but Napoleon re-established their equivalent by a political measure in the decree of the 9th of March 1801 on the state prisons. This was one of the acts brought up against him by the sénatus-consulte of the 3rd of April 1814, which pronounced his fall “considering that he has violated the constitutional laws by the decrees on the state prisons.”
See Honoré Mirabeau, Les Lettres de cachet et des prisons d’état (Hamburg, 1782), written in the dungeon at Vincennes into which his father had thrown him by a lettre de cachet, one of the ablest and most eloquent of his works, which had an immense circulation and was translated into English with a dedication to the duke of Norfolk in 1788; Frantz Funck-Brentano, Les Lettres de cachet à Paris (Paris, 1904); and André Chassaigne, Les Lettres de cachet sous l’ancien régime (Paris, 1903).
LETTUCE, known botanically as Lactuca sativa (nat. ord. Compositae), a hardy annual, highly esteemed as a salad plant. The London market-gardeners make preparation for the first main crop of Cos lettuces in the open ground early in August, a frame being set on a shallow hotbed, and, the stimulus of heat not being required, this is allowed to subside till the first week in October, when the soil, consisting of leaf-mould mixed with a little sand, is put on 6 or 7 in. thick, so that the surface is within 4½ in. of the sashes. The best time for sowing is found to be about the 11th of October, one of the best varieties being Lobjoits Green Cos. When the seeds begin to germinate the sashes are drawn quite off in favourable weather during the day, and put on, but tilted, at night in wet weather. Very little watering is required, and the aim should be to keep the plants gently moving till the days begin to lengthen. In January a more active growth is encouraged, and in mild winters a considerable extent of the planting out is done, but in private gardens the preferable time would be February. The ground should be light and rich, and well manured below, and the plants put out at 1 ft. apart each way with the dibble. Frequent stirring of the ground with the hoe greatly encourages the growth of the plants. A second sowing should be made about the 5th of November, and a third in frames about the end of January or beginning of February. In March a sowing may be made in some warm situation out of doors; successional sowings may be made in the open border about every third or fourth week till August, about the middle of which month a crop of Brown Cos, Hardy Hammersmith or Hardy White Cos should be sown, the latter being the most reliable in a severe winter. These plants may be put out early in October on the sides of ridges facing the south or at the front of a south wall, beyond the reach of drops from the copings, being planted 6 or 8 in. apart. Young lettuce plants should be thinned out in the seed-beds before they crowd or draw each other, and transplanted as soon as possible after two or three leaves are formed. Some cultivators prefer that the summer crops should not be transplanted, but sown where they are to stand, the plants being merely thinned out; but transplanting checks the running to seed, and makes the most of the ground.
For a winter supply by gentle forcing, the Hardy Hammersmith and Brown Dutch Cabbage lettuces, and the Brown Cos and Green Paris Cos lettuces, should be sown about the middle of August and in the beginning of September, in rich light soil, the plants being pricked out 3 in. apart in a prepared bed, as soon as the first two leaves are fully formed. About the middle of October the plants should be taken up carefully with balls attached to the roots, and should be placed in a mild hotbed of well-prepared dung (about 55°) covered about 1 ft. deep with a compost of sandy peat, leaf-mould and a little well-decomposed manure. The Cos and Brown Dutch varieties should be planted about 9 in. apart. Give plenty of air when the weather permits, and protect from frost. For winter work Stanstead Park Cabbage Lettuce is greatly favoured now by London market-gardeners, as it stands the winter well. Lee’s Immense is another good variety, while All the Year Round may be sown for almost any season, but is better perhaps for summer crops.
There are two races of the lettuce, the Cos lettuce, with erect oblong heads, and the Cabbage lettuce, with round or spreading heads,—the former generally crisp, the latter soft and flabby in texture. Some of the best lettuces for general purposes of the two classes are the following:—
Cos: White Paris Cos, best for summer; Green Paris Cos, hardier than the white; Brown Cos, Lobjoits Green Cos, one of the hardiest and best for winter; Hardy White Cos.
Cabbage: Hammersmith Hardy Green; Stanstead Park, very hardy, good for winter; Tom Thumb; Brown Dutch; Neapolitan, best for summer; All the Year Round; Golden Ball, good for forcing in private establishments.
Lactuca virosa, the strong-scented lettuce, contains an alkaloid which has the power of dilating the pupil and may possibly be identical with hyoscyamine, though this point is as yet not determined. No variety of lettuce is now used for any medicinal purpose, though there is probably some slight foundation for the belief that the lettuce has faint narcotic properties.