fi a i
( 76 ) B A K
Sale in Commerce; a Pack or certain Quantity of Merchandize, as a Sale of Spicery, of Books, or Thread.
BAILEMENT, a Term in Law, fignifying the Deli- very of Things, whether Writings or Good-, to another; but fometimes to Ac Sailor, that is, back to him whode- liver'd them ; fometimes to the Ufe of him to whom they deliver'd ; and fometimes to a third Peifon.
a miicn mote accurate Ohfervatibh made in clear Weather t than could be by the Shadow,
BACK-BONE. See Spina Tlorft. ,,_,,--.
BACK-STAYS of a Shift are Ropes whore Ule is to keep the Matt ftom falling aft : All Mafts, Top-Mafts and Flag-Staves have Stays, except the Spnt-Sail-Top-Maft ;
the Stay of the Main-Matt, which is called the Mam-Stay ~..™~..--, _~ -- ^-^ Guardian, and is
K^lettg t^l^ti&^S&St dfl^"-a£& &* juft.ee in attain Di- faften'd to the Head of the Fore-Matt by a Strap, and a Dead-Man's Eye 5 and fo is the Main-Top-Gallant-Matt flayed to the Head of the Fore-Top-Maft : The Fore^laft arid Mafls belonging to it, are in the fame mannerftayed
ftrict or Territory. Pafquier maintains, that Sailiffs were
originally a Kind of C'ommiffioners, or Judges Delegate,
fent into the Provinces to examine whether or no Juftice
well diflributed by the Counts, who were then the
Loyfeau refers the Origin of Sailiffs to
to the Bold-Sprit and Sprit-Sail, Top-Sail Matt, which Stays Ordinary Judge.. -_-- nf ., . „„ .'Lords who r do likewife lay the Bolt-Sprit it felf. The Mizzen-Stay the Uft.rpat.on and Idlenefs of the great I ......
comes to the Main-Matt by the Half-Deck, and the Top- Maft-Stays come to the Shrowds with Crows-Feet. The Length of the Stay is the fame with that of the Matt it belongs to j the Main-Matt, Fore-Matt, with the Mafts be- longing to them, have alio Sack-Stays, which help to keep the" Matt from pitching forward or over-board, becaufe they go on either Side of the Ship*
BACULE, in Fortification, a Kind of Portcullis or Gate, made like a Pit-fall with a Counter-Poife, andfupported by two great Stakes : It is ufually made before the Corfs-de- Garde advancing near the Gates.
BACULOMETRY, the Art of Meafuring acceflible and inacceffible Lines, by the help of one or more Staves.
BACULUS DIVlNATORIUS, or Virgula Ttivina ; . - ABranchofHazle-Tree, fork'd, ufed for the Difcovery g-jg^J *£*£ ^tovince,,*- d ■• - , ,, ■
ng got the Adminiftration of Juftice into theirown Hands, and being weary of the Burden, turn'd it over to their Commifiioners, whom they call'd Sailiffs. The Sailiffs had at firfl the Intendance of Arms, of Juftice, and of the Finances ; but abufing their Power, they were by degrees flripp'd of it v and the greatctt Part of their Authority transferr'd to their Lieutenants, who were to be Men of the Long Robe. 'Tis true, in France they have flill fome Prero- gatives, as being reputed the Heads of their refpecTive Di- ttrifls- in their Name Juftice is adminiftred, Contracts and other Deeds' paffed, and to them is committed the Com- mand of the Militia. From thefe it was that the Engii/b Sailiffs originally took both their Name and their Office: For as the French have eight Parliaments,
which are fu-
al lies, within the Precincts
of Mines, Springs, t$c. See Virgula divina.
BADGER, 'from the French Sagagier, i. e. a Carrier of Luggage ; a licens'd Huckfter, or Perfon that buys Corn or other Provifions, and carries them from one Place to ano- ther to make Profit of.
BAG, in Commerce a Term ufed to fignify different Ouantities of Commodities ; a Bag of Almonds, for inftance, U about i Hundred Weight, of Annifeed from 3 to 4 Hun- dred, of Pepper from 1 Mo 3 Hundred, of Goats-Hair trom x to 4 Hundred, of Cotton- Yarn from 2 | to 4 .",, iSc.
BAGNIO, an Italian Term fignifying a Sath. Hence Bagnio is become a general Name in Turkey for the Pri- fons where their Slaves are inclofed ; it being ufual in thofe Prifons to have Satbs. See Baths.
BAGNOLIANS, a Se& of Her clicks in the Eighth Century ; in reality Manichees, tho they difguis'd their Errors. They reje3ed the Old Teftament, and Part of the New ; held the World to be Eternal ; and affirm 'd God did not create the Soul, when he infus'd it into the Body. They derive their Name from Sagnols, a City in Lan- guedoc.
BAGPIPE, a Muf.cal Inftrurnent 6f the Wind-kind j chiefly ufed in Country Places. It confifts of two principal Parts : The firft a Leathern Bag, which blows up like a Foot-Ball, by means of a Portvent, or little Tube fitted to it, and ftopp'd by a Valve. The other Part confifts of three Pipes, or Flutes ; the firft called the Great Pipe, or Drone, and the fecond the Little one ; which pafs the Wind out only at Bottom : The third has a Tongue, and is play'd on by compreffing the Bag under the Arm, when full, and opening or flopping the Holes, which are eight, with the Fingers. The little Pipe is ordinarily a Foot long, that play'd on 13 Inches, and the Portvent fix. The Bagpipe takes in the Compafs of three Oft aves.
BAGUETTE, in Architecture, a little round Moulding lefs than an Jflragal, fometimes carv'd, and enrich'd with Foliages, Pearls, Ribbands, Laurels, S$c. Tho according to M. le Clcrc, when the Baguette is enrich'd with Orna- ments, it changes its Name, and is called Chafelet.
BAILE, or Bale ; the Seamen call Lading or Calling the Water by Hand out of a Boat, Bailing, and when tie Water is thus bailed out, they fay, The Boat is freed. They call al- fo thofe Hoops that bear up the Tilt of the Boat Sailes.
BAIL, in Law, from the French Sail, a Guardian, or Goalcr ; is ufed for the fetting at Liberty one arretted or imprifoned upon an Action, either Civil or Criminal, under Sureties taken for his Appearance at a Day and Place af- figned. 'Tis call'd Sail, becaufe hereby rhe Party con- fined is delivered into the Hands of thofe who bind them- felves for his forth-coming : perhaps from the French Sail, tccatie, a letting out any thing to Farm, &c. Bail is ei-
ftice is adminiftred by Sailiffs, at leart by their Lieute- nants ; fo in England are feveral Counties wherein Juftice was adminiftred by aVifcount or Sheriff, who appears like- wife to have been called Bailiff, and his Diftrift or Coun- ty Bailiwick. Furrher, the Counties were again fubdivi- ded into Hundreds; within which 'tis mamfett Juftice was antiently render'd by Officers call'd Sailiffs. But thefe Hundred-Courts are now fwallow'd up by the County-Courts, certain Franchifes alone excepted, (fee County and Hun- dred) and the Bailiffs Name and Office is grown into fuch Contempt, at leaft thefe Sailiffs of Hundreds, that they are now no more than bare Meffengers, and Mandatories within their Liberties, to ferve Writs.and fuch mean Offices. Thefe Bailiffs are of two Kinds, viz. Sailiffs Errant, and Bailiffs of Franchifes. Bailiffs Errant are thofe whom the Sheriff appoints to go up and down the County to ferve Wrirs.fum- mon County-Courts, Seffions, Aflizes, i£c. Sailiffs of Fran- chifes are thofe who are appointed by every Lord within his Liberty, to do fuch Offices therein, as the Bailiff Er- rant does at large in the County. There are alfo Sailiffs of tbeForeft, and Bailiffs of Manners, who direct the Husban- dry, fell Trees, gather Rents, pay Quit-Rents, i$c. The Word Bailiff &\\ retains fome of its antient Significance ; being applied to the Chief Magiftrates of feveral Corporate Towns, as Ludlow, Leominfter, &c. And again, the Govern- ment of fome of the King's Caftles is committed to Perfons call'd Sailiffs, as rhe Bailiff of Hover Caftle. Borel derives the Word Bailiff from the Greek g«»ii, Counfel. Cambden will have Bailiff to have been a Term ufed in the Lower Empire, and to have, patted thence into Sicily, fo toFranct and England, fignifying Confervator. This is certain, tee frequenrly find the Word Sajulus, and fometimes Saylus, to fignify a Judge, whence Bailiff was eaffly form'd.
BAILIWICK the Place of the Jurifdiction of a Bailiff within his Hundred or Lord's Franchife.
BAIRAM, a Fcaft of the Turks, which they celebrate after the Faft of Ramazan. 'Tis kept twice in the Year, once immediately after Ramazan, which they call Grand Bairam, and again 70 Days after, which they call Little Bairam. Bairam holds for three Days, during which no Work is done ; but Prefents pafs from one to another with many Manifeftations of Joy. If the Day after Ramazan fhould prove fo cloudy, as to prevent the Sight of the New-Moon, Bairam is put off to the next Day, when it begins tho the Moon be ftill obfeured. When they celebrate this Feaft ; after numerous Ceremonies, or rather ttrange Mimickries, in their Mofque, they end it with a folemn Prayer againft the Infidels, to foot out Chriftian Princes, or to arm them one againft another, that they may have all
ther Common or Special : Common Sail is in Aftions of Opportunity to extend the Borders ot their .Law
fmall Prejudice or flight Proof, in which Cafes any Sureties are taken : Special Sail is given in Cafes of greater Mo- ment where 'tis requir'd that the Sureties be Subfidy Men at the leaft, and according to the Value. Afamvood diftin- ouiftics between Bail and Mainprife_ thus : He that is
BAJULUS, an Officer in the Court of the Greek Em- perors. The Bajuli were the 'Preceptors of the Empe- rors, whereof there were feveral Degrees ; the Grand Sa- julus ; and the Bajuli who were the Sub-Pr£ceftors. The firft Officer who bore this Title was Antiochus, in the Time and to go about at his of the younger Tbeodofius. Hence the Italians ufe the
maintrifid is faid to be at large, ,,,„ <,.. .. ,„.....,,..
Liberty; without Ward, till the Time of Appearance ; Word Sajulus of the Kingdom, in the fame Senle witn
whereas he who is let to Sail to two or more Men, is al- the ProteSor of the Kingdom in England. ways accounted by Law, to be in their Ward and Cuftody BAKING, the Art of preparing Bread, or of reducing
for the Time ; and they may, if they pleafe, aftually keep Meals of any Kind, whether firople or compound, into him in Prifon.
Bread.
