FOOTNOTES:

[1] The great seal, which exists in duplicate for Irish use, is the

great seal of the United Kingdom.

[2] Except the lord chief justice, who is appointed on the nomination

of the prime minister.

LORD HIGH CONSTABLE, in England, the seventh of the great officers of

state. His office is now called out of abeyance for coronations alone.

The constable was originally the commander of the royal armies and the

master of the horse. He was also, in conjunction with the earl marshal,

president of the court of chivalry or court of honour. In feudal times

martial law was administered in the court of the lord high constable.

The constableship was granted as a grand serjeanty with the earldom of

Hereford by the empress Maud to Milo of Gloucester, and was carried by

his heiress to the Bohuns, earls of Hereford and Essex. Through a

coheiress of the Bohuns it descended to the Staffords, dukes of

Buckingham; and on the attainder of Edward Stafford, third duke of

Buckingham, in the reign of Henry VIII. it became merged in the crown.

The Lacys and Verduns were hereditary constables of Ireland from the

12th to the 14th century, and the Hays, earls of Erroll, have been

hereditary constables of Scotland from early in the 14th century.

LORD HIGH STEWARD. The Lord High Steward of England, who must not be

confused with the Lord Steward, ranks as the first of the great officers

of state. Appointments to this office are now made only for special

occasions, such as the coronation of a sovereign or the trial of a peer

by his peers. The history of the office is noteworthy. The household of

the Norman and Angevin kings of England included certain persons of

secondary rank, styled dapifers, seneschals or stewards (the prototypes

of the lord steward), who were entrusted with domestic and state duties;

the former duties were those of purveyors and sewers to the king, the

latter were undefined. At coronations, however, and great festivals it

became the custom in England and elsewhere to appoint magnates of the

first rank to discharge for the occasion the domestic functions of the

ordinary officials. In accordance with this custom Henry II. appointed

both Robert II., earl of Leicester, and Hugh Bigod, earl of Norfolk, to

be his honorary hereditary stewards; and at the Christmas festival of

1186 the successors in title of these two earls, with William, earl of

Arundel, who held the similar honorary office of hereditary butler, are

described as serving the king at the royal banqueting table.

Subsequently the earls of Leicester bought out the rights of the earls

of Norfolk for ten knights' fees.

The last of these earls of Leicester to inherit the hereditary

stewardship was Simon V. de Montfort; how he served as steward at the

coronation of Eleanor, queen of Henry III., is described in the

Exchequer Red Book. The office of steward in France, then recently

suppressed, had for some time been the highest office of state in that

kingdom, and Simon de Montfort appears to have considered that his

hereditary stewardship entitled him to high official position in

England; and after his victory at Lewes he repeatedly figures as steward

of England in official documents under the great seal. After Simon's

death at Evesham his forfeited estates were conferred on his son Edmund

of Lancaster, who also obtained a grant of the stewardship, but only for

life. Edmund was succeeded by Thomas, earl of Lancaster, who received a

fresh grant of the stewardship to himself and the heirs of his body from

Edward II.; and this earl it was who, during the weak administration of

the last-mentioned king, first put forward in a celebrated tract the

claim of the steward to be the second personage in the realm and supreme

judge in parliament, a claim which finds some slight recognition in the

preamble to the statute passed against the Despencers in the first year

of Edward III.

Earl Thomas was executed for treason, and though his attainder was

reversed he left no issue, and was succeeded in the earldom by his

brother Henry. The subsequent earls and dukes of Lancaster were all

recognized as stewards of England, the office apparently being treated

as annexed to the earldom, or honor, of Leicester. John of Gaunt,

indeed, at a time when it was possible that he would never obtain the

Leicester moiety of the Lancastrian estates, seems to have made an

ingenious but quite unfounded claim to the office as annexed to the

honor of Hinckley. Strictly speaking, none of the Lancasters after

Thomas had any clear title either by grant or otherwise; such title as

they had merged in the crown when Henry IV. usurped the throne.

Meanwhile the stewardship had increased in importance. On the accession

of Edward III., Henry, earl of Lancaster, as president of the council,

had superintended the coronation of the infant king; John of Gaunt did

the same for the infant Richard II.; and, as part of the duties

involved, sat in the White Hall of Westminster to hear and determine the

claims to perform coronation services. The claims were made by petition,

and included amongst others: the claim of Thomas of Woodstock to act as

constable, the rival claims of John Dymock and Baldwin de Frevile to act

as champion, and the claim of the barons of the Cinque Ports to carry a

canopy over the king. Minutes of these proceedings, in which the duke is

stated to have sat "as steward of England," were enrolled by his order.

This is the origin of what is now called the Court of Claims. The

precedent of Richard II. has been followed on all subsequent occasions,

except that in modern times it has been the practice to appoint

commissioners instead of a steward to superintend this court. In 1397

John of Gaunt created a notable precedent in support of the steward's

claim to be supreme judge in parliament by presiding at the trial of the

earl of Arundel and others.

When Henry IV. came to the throne he appointed his young son Thomas,

afterwards duke of Clarence, to the office of steward. Clarence held the

office until his death. He himself never acted as judge in parliament;

but in 1415 he was appointed to preside at the judgment of peers

delivered in Southampton against Richard, earl of Cambridge, and Lord

Scrope of Masham, who had been previously tried by commissioners of oyer

and terminer. No permanent steward was ever again created; but a steward

was always appointed for coronations to perform the various ceremonial

services associated with the office, and, until the Court of Claims was

entrusted to commissioners, to preside over that court. Also, in the

15th century, it gradually became the custom to appoint a steward _pro

hac vice_ to preside at the trial, or at the proceedings upon the

attainder of a peer in parliament; and later, to preside over a court,

called the court of the lord high steward, for the trial of peers when

parliament was not sitting. To assist in establishing the latter court a

precedent of 1400 appears to have been deliberately forged. This

precedent is reported in the printed _Year-Book_ of 1400, first

published in 1553; it describes the trial of "the earl of H" for

participation in the rebellion of that year, and gives details of

procedure. John Holand, earl of Huntingdon, is undoubtedly the earl

indicated, but the evidence is conclusive that he was murdered in Essex

without any trial. The court of the lord high steward seems to have been

first definitely instituted in 1499 for the trial of Edward Plantagenet,

earl of Warwick; only two years earlier Lord Audley had been condemned

by the court of chivalry, a very different and unpopular tribunal. The

Warwick trial was most carefully schemed: the procedure, fundamentally

dissimilar to that adopted in 1415, follows exactly the forged

precedent; but the constitution of the court was plainly derived from

the Southampton case. The record of the trial was consigned to a new

repository (commonly but wrongly called the Baga de Secretis), which

thenceforth became the regular place of custody for important state

trials. Latterly, and possibly from its inception, this repository

consisted of a closet with three locks, of which the keys were

entrusted, one to the chief justice of England, another to the

attorney-general and the third to the master of the crown office, or

coroner. Notwithstanding the irregular origin of the steward's court,

for which Henry VII. must be held responsible, the validity of its

jurisdiction cannot be questioned. The Warwick proceedings were

confirmed by act of parliament, and ever since this court has been fully

recognized as part of the English constitution.

For about a century and a half prior to the reign of James I. the

criminal jurisdiction of parliament remained in abeyance, and bills of

attainder were the vogue. The practice of appointing a steward on these

occasions to execute judgment upon a peer was kept up till 1477, when

George, duke of Clarence, was attainted, and then dropped. Under the

Stuarts the criminal jurisdiction of parliament was again resorted to,

and when the proceedings against a peer were founded on indictment the

appointment of a steward followed as a matter of settled practice. The

proper procedure in cases of impeachment had, on the contrary, never

been defined. On the impeachment of Strafford the lords themselves

appointed Arundel to be high steward. In Danby's case a commission under

the great seal issued in the common form adopted for the court of the

steward; this was recalled, and the rule agreed to by a joint committee

of both houses that a steward for trials of peers upon impeachments was

unnecessary. But, as such an appointment was obviously convenient, the

lords petitioned for a steward; and a fresh commission was accordingly

issued in an amended form, which recited the petition, and omitted words

implying that the appointment was necessary. This precedent has been

treated as settling the practice of parliament with regard to

impeachments.

Of the proceedings against peers founded upon indictment very few trials

antecedent to the revolution took place in parliament. The preference

given to the steward's court was largely due to the practice, founded

upon the Southampton case, of summoning only a few peers selected by the

steward, a practice which made it easy for the king to secure a

conviction. This arrangement has been partially abrogated by the Treason

Act of William III., which in cases of treason and misprision of treason

requires that all peers of parliament shall be summoned twenty days at

least before every such trial. The steward's court also differed in

certain other particulars from the high court of parliament. For

example, it was ruled by Lord Chancellor Jeffreys, as steward at the

trial of Lord Delamere, that, in trials of peers which take place during

the recess of parliament in the steward's court, the steward is the

judge of the court, the court is held before him, his warrant convenes

the prisoner to the bar, his summons convenes the peers for the trial,

and he is to determine by his sole authority all questions of law that

arise in the course of the trial, but that he is to give no vote upon

the issue of guilty or not guilty; during a session of parliament, on

the contrary, all the peers are both triers and judges, and the steward

is only as chairman of the court and gives his vote together with the

other lords. Lord Delamere was tried in 1685 in the steward's court;

since then all trials of peers have taken place before the lords in

parliament. The most recent trial was that of Earl Russell in 1901, when

Lord Chancellor Halsbury was made lord high steward. The steward is

addressed as "his grace," he has a rod of office, and the commission

appointing him is dissolved according to custom by breaking this rod.

A court of claims sat and a steward was appointed for the coronation of

Edward VII.; and during the procession in Westminster Abbey the duke of

Marlborough, as steward, carried "St Edward's crown" in front of the

bearer of the Bible (the bishop of London), who immediately preceded the

king; this function of the steward is of modern origin. The steward's

ancient and particular services at coronations are practically obsolete;

the full ceremonies, procession from Westminster Hall and banquet in

which he figured prominently, were abandoned on the accession of William

IV.

For the early history of the steward see L. W. Vernon-Harcourt, _His

Grace the Steward and Trial of Peers_ (1907); for the later history of

the office see Sir E. Coke, _Institutes_ (1797); Cobbett and Howell,

_State Trials_ (1809, seq.); S. M. Phillipps, _State Trials_ (1826);

John Hatsell, _Precedents_, vol. 4 (1818); and Sir M. Foster, _Crown

Law_ (1809). See also the various works on _Coronations_ for the

steward's services on these occasions. (L. W. V.-H.)

LORD HIGH TREASURER, in England, once the third great officer of state.

The office was of Norman origin and dated from 1216. The duty of the

treasurer originally was to act as keeper of the royal treasure at

Winchester, while as officer of the exchequer he sat at Westminster to

receive the accounts of the sheriffs, and appoint officers to collect

the revenue. The treasurer was subordinate to both the justiciar and the

chancellor, but the removal of the chancery from the exchequer in the

reign of Richard I., and the abolition of the office of justiciars in

the reign of Henry III., increased his importance. Indeed, from the

middle of the reign of Henry III. he became one of the chief officers of

the crown. He took an important part in the equitable jurisdiction of

the exchequer, and was now styled not merely king's treasurer or

treasurer of the exchequer, but lord high treasurer and treasurer of the

exchequer. The first office was conferred by delivery of a white staff,

the second by patent. Near the end of the 16th century he had developed

into an official so occupied with the general policy of the country as

to be prevented from supervising personally the details of the

department, and Lord Burleigh employed a secretary for this purpose. On

the death of Lord Salisbury in 1612 the office was put in commission; it

was filled from time to time until 1714, when the duke of Shrewsbury

resigned it; since that time it has always been in commission (see

TREASURY). The Scottish treasury was merged with the English by the Act

of Union, but the office of lord high treasurer for Ireland was

continued until 1816.

LORD HOWE, an island of the southern Pacific Ocean, lying about 31° 36´

S., 159° 5´ E., 520 m. E.N.E. of Sydney. Pop. 120. It was discovered in

1778 by Lieutenant Ball (whose name is commemorated in the adjacent

islet of Ball's Pyramid), and is a dependency of New South Wales. It

measures about 5½ m. by 1 m., and is well wooded and hilly (reaching a

height of 2840 ft. at the southern end), being of volcanic formation,

while there are coral reefs on the western shore. It has a pleasant

climate. The name Lord Howe is given also to an islet of the Santa Cruz

group, and to two islands, also known under other names--Mopiha, of the

Society group, and Ongtong Java of the Solomon Islands.

LORD JUSTICE CLERK, in Scotland, a judge next in rank to the lord

justice-general. He presides in the second division of the court of

session, and in the absence of the lord justice-general, presides in the

court of justiciary. The justice clerk was originally not a judge at

all, but simply clerk and legal assessor of the justice court. In course

of time he was raised from the clerk's table to the bench, and by custom

presided over the court in the absence of the justice-general. Up to

1672 his position was somewhat anomalous, as it was doubtful whether he

was a clerk or a judge, but an act of that year, which suppressed the

office of justice-depute, confirmed his position as a judge, forming

him, with the justice-general and five of the lords of session into the

court of justiciary. The lord justice clerk is also one of the officers

of state for Scotland, and one of the commissioners for keeping the

Scottish Regalia. His salary is £4800 a year.

LORD JUSTICE-GENERAL, the highest judge in Scotland, head of the court

of justiciary, called also the lord president, and as such head of the

court of session and representative of the sovereign. The office of

justice-general was for a considerable time a sinecure post held by one

of the Scottish nobility, but by the Court of Session Act 1830, it was

enacted that, at the termination of the existing interest, the office

should be united with that of lord president of the court of session,

who then became presiding judge of the court of justiciary. The salary

is £5000 a year.

LORD KEEPER OF THE GREAT SEAL, in England, formerly a great officer of

state. The Great Seal of England, which is affixed on all solemn

occasions to documents expressing the pleasure of the sovereign, was

first adopted by Edward the Confessor (see SEALS), and entrusted to a

chancellor for keeping. The office of chancellor from the time of Becket

onwards varied much in importance; the holder being an ecclesiastic, he

was not only engaged in the business of his diocese, but sometimes was

away from England. Consequently, it became not unusual to place the

personal custody of the great seal in the hands of a vice-chancellor or

keeper; this, too, was the practice followed during a temporary vacancy

in the chancellorship. This office gradually developed into a permanent

appointment, and the lord keeper acquired the right of discharging all

the duties connected with the great seal. He was usually, though not

necessarily, a peer, and held office during the king's pleasure, he was

appointed merely by delivery of the seal, and not, like the chancellor,

by patent. His status was definitely fixed (in the case of lord keeper

Sir Nicholas Bacon) by an act of Elizabeth, which declared him entitled

to "like place, pre-eminence, jurisdiction, execution of laws, and all

other customs, commodities, and advantages" as the lord chancellor. In

subsequent reigns the lord keeper was generally raised to the

chancellorship, and retained the custody of the seal. The last lord

keeper was Sir Robert Henley (afterwards Lord Northington), who was made

chancellor on the accession of George III.

LORD MAYOR'S DAY, in England, the 9th of November, the date of the

inauguration of the lord mayor of London (see Vol. XVI., p. 966), marked

by a pageant known as the Lord Mayor's Show. The first of these pageants

was held in 1215. The idea originated in the stipulation made in a

charter then granted by John that the citizen chosen to be mayor should

be presented to the king or his justice for approval. The crowd of

citizens who accompanied the mayor on horseback to Westminster developed

into a yearly pageant, which each season became more elaborate. Until

the 15th century the mayor either rode or walked to Westminster, but in

1453 Sir John Norman appears to have set a fashion of going by water.

From 1639 to 1655 the show disappeared owing to Puritan opposition. With

the Restoration the city pageant was revived, but interregnums occurred

during the years of the plague and fire, and in 1683 when a quarrel

broke out between Charles and the city, ending in the temporary

abrogation of the charter. In 1711 an untoward accident befell the show,

the mayor Sir Gilbert Heathcote (the original of Addison's Sir Andrew

Freeport) being thrown by his horse. The next year a coach was, in

consequence, provided for the chief magistrate. In 1757 this was

superseded by a gilded and elaborately decorated equipage costing

£10,065 which was used till 1896, when a replica of it was built to

replace it.

LORD PRESIDENT OF THE COUNCIL, in England, one of the great officers of

state, and a member of the ministry. It was only in 1679 that the office

of lord president became permanent. Previously either the lord

chancellor, the lord keeper of the seal, or some particular court

official took formal direction of the Privy Council. In the reign of

Charles I. a special lord president of the council was appointed, but in

the following reign the office was left unfilled. The office was of

considerable importance when the powers of the Privy Council, exercised

through various committees, were of greater extent than at the present

time. For example, a committee of the lords of the council was formerly

responsible for the work now dealt with by the secretary of state for

foreign affairs; so also with that now discharged by the Board of Trade.

The lord president up to 1855--when a new post of vice-president of the

council was created--was responsible for the education department. He

was also responsible for the duties of the council in regard to public

health, now transferred to the Local Government Board, and for duties in

regard to agriculture, now transferred to the Board of Agriculture and

Fisheries. The duties of the office now consist of presiding on the not

very frequent occasions when the Privy Council meets, and of the drawing

up of minutes of council upon subjects which do not belong to any other

department of state. The office is very frequently held in conjunction

with other ministerial offices, for example, in Gladstone's fourth

ministry the secretary of state for India was also lord president of the

council, and in the conservative ministry of 1903 the holder of the

office was also president of the Board of Education. The lord president

is appointed by a declaration made in council by the sovereign. He is

invariably a member of the House of Lords, and he is also included in

the cabinet.

LORDS JUSTICES OF APPEAL, in England, the ordinary judges of the court

of appeal, the appellate division of the High Court of Justice. Their

style was provided for by the Supreme Court of Judicature Act 1877. The

number was fixed at five by the Supreme Court of Judicature Act 1881, s.

3. Their salary is £5000 a year (see APPEAL).

LORDS OF APPEAL IN ORDINARY, in England, certain persons (limited to

four), who, having held high judicial office or practised at the bar for

not less than fifteen years, sit as members of the House of Lords to

adjudicate in cases before that House in its legal capacity, and also to

aid the judicial committee of the Privy Council in hearing appeals. Of

the four lords of appeal in ordinary one is usually appointed from the

Irish bench or bar and one from Scotland. Their salary is £6000 a year.

They hold office on the same conditions as other judges. By the

Appellate Jurisdiction Act 1876, under which they are appointed, lords

of appeal in ordinary are, by virtue of and according to the date of

their appointment, entitled during life to rank as barons and during the

time that they continue in office are entitled to a writ of summons to

attend, and to sit and vote in the House of Lords. They are life peers

only. The patent of a lord of appeal in ordinary differs from that of a

baron in that he is not "created" but "nominated and appointed to be a

Lord of Appeal in Ordinary by the style of Baron."

LORD STEWARD, in England, an important official of the king's household.

He is always a member of the government, a peer and a privy councillor.

Up to 1782, the office was one of considerable political importance and

carried cabinet rank. The lord steward receives his appointment from the

sovereign in person, and bears a white staff as the emblem and warrant

of his authority. He is the first dignitary of the court. In the

_Statutes of Eltham_ he is called "the lord great master," but in the

_Household Book_ of Queen Elizabeth "the lord steward," as before and

since. In an act of Henry VIII. (1539) "for placing of the lords," he is

described as "the grand master or lord steward of the king's most

honourable household." He presides at the Board of Green Cloth.[1] In

his department are the treasurer and comptroller of the household, who

rank next to him. These officials are usually peers or the sons of peers

and privy councillors. They sit at the Board of Green Cloth, carry white

staves, and belong to the ministry. But the duties which in theory

belong to the lord steward, treasurer and comptroller of the household

are in practice performed by the master of the household, who is a

permanent officer and resides in the palace. He is a white-staff officer

and a member of the Board of Green Cloth but not of the ministry, and

among other things he presides at the daily dinners of the suite in

waiting on the sovereign. In his case history repeats itself. He is not

named in the _Black Book_ of Edward IV. or in the _Statutes_ of Henry

VIII., and is entered as "master of the household and clerk of the green

cloth" in the _Household Book_ of Queen Elizabeth. But he has superseded

the lord steward of the household, as the lord steward of the household

at one time superseded the lord high steward of England.

In the lord steward's department are the officials of the Board of Green

Cloth, the coroner ("coroner of the verge"), and paymaster of the

household, and the officers of the almonry (see ALMONER). Other offices

in the department were those of the cofferer of the household, the

treasurer of the chamber, and the paymaster of pensions, but these, with

six clerks of the Board of Green Cloth, were abolished in 1782. The lord

steward had formerly three courts besides the Board of Green Cloth under

him. First, the lord steward's court, superseded (1541) by--second--the

Marshalsea court, a court of record having jurisdiction, both civil and

criminal within the verge (the area within a radius of 12 m. from where

the sovereign is resident), and originally held for the purpose of

administering justice between the domestic servants of the sovereign,

"that they might not be drawn into other courts and their service lost."

Its criminal jurisdiction had long fallen into disuse and its civil

jurisdiction was abolished in 1849. Third, the palace court, created by

letters patent in 1612 and renewed in 1665 with jurisdiction over all

personal matters arising between parties within 12 m. of Whitehall (the

jurisdiction of the Marshalsea court, the City of London, and

Westminster Hall being excepted). It differed from the Marshalsea court

in that it had no jurisdiction over the sovereign's household nor were

its suitors necessarily of the household. The privilege of practising

before the palace court was limited to four counsel. It was abolished in

1849. The lord steward or his deputies formerly administered the oaths

to the members of the House of Commons. In certain cases (messages from

the sovereign under the sign-manual) "the lords with white staves" are

the proper persons to bear communications between the sovereign and the

houses of parliament.

AUTHORITIES.--_Statutes of Eltham; Household Book_ of Queen Elizabeth;

Coke, _Institutes_; Reeves, _History of the Law of England_; Stephen,

_Commentaries on the Laws of England_; Hatsell, _Precedents of

Proceedings in the House of Commons_; May, _Parliamentary Practice_.

Encyclopaedia Britannica, 11th Edition, "Lord Chamberlain" to "Luqman" Volume 17, Slice 1 · 第 17 / 51 题