LET 
redrefs, he then applied for relief to his own magiftrate, 
who granted him the right of reprifals, that is, the right 
of dripping any Bolognefe of as much as had been taken 
from him; and the fame thing took place if a Bolognefe 
debtor (hould refufe to pay a Modenefe creditor. Of the 
licence for fu'ch an aft of violence there is no vellige in 
the laws of antiquity, fmce thofe fage legiflators conceived 
it an injuftice to make one perfon pay for what was due 
by another. But it feems evident that fuch reprifals were 
common after the tenth or eleventh century of the Chrif- 
tian sera, when tlie cities of Italy were become free, and 
formed feparate republics, frequently at ftrife with each 
other. Thefe diforders were augmented by the quarrels 
between the popes and emperors, and the Guelf and Ghi- 
belline parties, which fpread divifion through the whole 
country, and rendered it a fcene of rapine and violence. 
The fyftem of reprifals appears in as equitable a form as 
it was capable of in the ftatutes of the Modenefe, A.D. 
1327. Thefe enjoin, that, before reprifals (hould be 
granted to any individual who had been robbed in another 
city or diftrift, or was refufed payment of a debt, a dili¬ 
gent enquiry (hould be made into the truth of his cafe. 
If his claim (hould appear juft and clear, the community 
was to write in his favour to the other community. If 
letters were of no avail, the community was to fend a 
perfon in a public charafter to the city of the robber or 
debtor, to enquire further into the fail, and feek the re¬ 
medy provided by the law of nations. In cafe no regard 
was paid to this million, then permiffion was to be given 
for making reprifals. All that (hould be taken from a 
citizen or inhabitant of the community refufing juftice 
was to be put up to auftion, and fatisfaftion to be made 
out of it to the injured perfon. The care of thefe repri¬ 
fals was committed to the merchants’ confuls. If any 
city (hould decree reprifals againft any Modenefe, it was 
the bufinefs of the podefta (chief magiftrate) of Modena 
to interpofe in order to divert the ftroke by way of agree¬ 
ment, and exempt his people, if polfible, from mifchief. 
By a further law it was enafted, for the public advantage 
of the merchants, that the podefta of Modena, in the firft 
month of his office, (hould enquire and refer to the general 
council concerning the terminating of all reprifals fubfift- 
ing between the community and men of Modena, and 
thofe of Parma, Cremona, Reggio, and other cities, in 
order that the men of Modena might go and come with 
their perfons and goods fecurely in the faid cities.’’ Ar¬ 
biters were at length appointed between neighbouring ci¬ 
ties to decide all controverfies relative to reprifals ; and, 
in fine, decrees were made condemning the communities 
themfelves, and not individuals, in cofts and damages, 
which was an important ftep to the abolition of the cuftom 
of reprifals. For, when the communities were obliged to 
anfwer for the defaults or violences of their members 
againft thofe of another community, it became their in- 
terelt to fee that juftice was done to ftrangers according 
to the law of nations; and thus all pretexts for private 
retribution were abrogated. Permiflionsforreprifalsthere- 
fore ceafed to be granted, as focieties became better or¬ 
dered and more enlightened ; and the praftice finally went 
into total olifufe in Italy, and alfo in Germany, whither it 
had penetrated. 
LETTER MIS'SIVE, in chancery. If a peer is de¬ 
fendant in this court, the lord chancellor fends a letter 
miflive to him, to requeft his appearance, together with 
the copy of the bill; if he neglefts to appear, then he may 
be ferved with a fubpcena; if he continues ftill in con¬ 
tempt, a fequeftration iflues out immediately againft his 
land's and goods, without any of the mefne procefs of at¬ 
tachments, &c. which are direfted only againft the perfon, 
and therefore cannot affeft a lord of parliament. The 
Tame procefs iflfues againft a member of the houfi^of com¬ 
mons, except that the lord chancellor does not fend him 
any letter miffive. 
LETTERS PATENT, fometimes called letters overt, 
or open; are writings of the king lealed with the great 
Vol. XII. No. S 5 t S 
LET 54! 
feal of England, whereby a perfon is enabled to do or en¬ 
joy that which otherwife he could not; and lb called, be- 
caufe they are open, with the feal affixed, and ready to be 
lhown for confirmation of the authority thereby given. 
And we read of letters patent to make denizens. See. 
Letters patent may be granted by common perfons, but 
in fuch cafe the grantees are not properly called paten¬ 
tees; for diftinftion, the king’s letters patent have been 
called letters patent royal. See Grants of the King, 
vol. viii. p. 7gr. 
Peers are created fometimes by patent, and fometimes 
by writ. See the article Heraldry, vol. ix. p. 416, 737. 
The king may grant letters patent of precedence to certain 
barrifters. See the article Barrister, vol.ii. p. 757. 
As to patents for new inventions, it has been adjudged, 
that the manufafture mlift be fubftantially new, and not 
barely an additional improvement of any old one ; it nuift 
be fuch as none other ufed at the time of granting the 
letters patent. Thefe conditions are required particularly 
by the ftat. 21 Jac. I. c. 3. againft monopolies; for all 
monopolies are againft the ancient and fundamental laws 
of the realm ; and by the common law' are void, as being 
againft the freedom of trade, and difeouraging labour and 
induftry. Upon this ground it hath been held, that the 
king’s grant to any corporation of the foie importation, 
of any merchandife, is void. The making ufe of or pro¬ 
curing any unlawful monopoly, is punifhable by fine and 
imprifonment at common law. 3 Inft. 181, 182. Thefe 
monopolies had been carried to an enormous height dur¬ 
ing the reign of queen Elizabeth ; but were in a great 
meafure remedied by the ftat. 21 Jac. I. c. 3. by which 
all monopolies, grants, letters patent, and licences, for 
the foie buying, felling, and making, of goods and manu- 
faftures, are declared void, except in fome particular cafes; 
and perfons grieved by putting them in ufe, (hall recover 
treble damages and double cofts, by aft ion on the ftatute. 
But this does not extend to any grant or privilege granted 
by aft of parliament; or to any grant or charter to cor¬ 
porations or cities, &c. or to grants to companies or fo¬ 
cieties of merchants, for enlargement of trade; or to in¬ 
ventors of new manufaftures, who have patents for the 
term of fourteen years; grants of privileges for printing; 
or making gunpowder, calling ordnance. See. The molt 
glaring monopolies permitted in this kingdom, are the 
Eaft-India Company and the two London play-houfes. 
The following is the manner of proceeding for obtaining 
letters patent. In the firft place, a petition muft be pre¬ 
pared, together with an affidavit of the inventor in fupport 
of the petition. Thefe are then'taken to the office of the 
fecretary of (late for the home department, (at the top of 
theTreafury ftair-cafe, Whitehall,) where they are lodged. 
A few days after, the anfwer to the petition may com¬ 
monly be had, containing a reference of it to the attorney 
or folicitor general, which muft be taken to either of their 
chambers, for the report thereon, and in a few days after¬ 
wards the clerk will deliver it out. The report is then to 
be taken to the fecretary of date’s office, for the king’s 
warrant 5 and the clerk will inform the perfon leaving it 
when it may be called for. The warrant is direfted to 
tlie attorney or folicitor-general, and is to be taken to 
their patent office, (No. 4, Lincoln’s-Inn Old Buildings,) 
for the bill. When the bill is prepared, it is taken to the 
fecretary of date’s office, for the king’s fign manual to 
the bill. As foon as this is obtained, it is carried to the 
iignet-office, to be palled there, when the clerk prepares 
a warrant to the lord keeper of the privy feal, whereupon 
the clerk of the privy feal prepares his warrant to the 
lord chancellor. [The fignet and privy feal offices are 
both held together in the north-eaft wing of Somerfet- 
houfe.] This warrant is then to be taken to the lord 
chancellor’s patent-office, (No. 12, George-ftreet, Adel- 
phi,) where the patent itfelf is prepared, and will be deli¬ 
vered out as foon as it is fealed. The fpecijicalion (hould 
then be prepared, acknowledged, and lodged at the en¬ 
rolment-office (Rolls-yard, Chancery-lane,) to liaye ths 
6 Y ufu 4 ' 
