Chapter X: Front Matter (10)

Like the Bahr-el-Jebel the Bahr-el-Ghazal is liable to be choked by sudd. Gessi Pasha was imprisoned in it for some six weeks. The river became almost blocked by the accumulation of this obstruction during the rule of the Mahdists. In 1901 and following years the sudd was removed by British officers from the Bahr-el-Ghazal, the Jur and other rivers. Uninterrupted steamboat communication was thus established during the flood season between Khartum and Wau, a distance of some 930 m. In 1905-1907 R. C. Bayldon, a British naval officer, Capt. C. Percival and Lieut. D. Comyn partly explored the northern and western affluents of the Ghazal, and threw some light on the puzzling hydrography and nomenclature of those tributaries.

See NILE and the authorities there quoted, especially Sir William Garstin's _Report upon the Basin of the Upper Nile, Egypt_, No. 2 (1904), and Capt. H. G. Lyons's _The Physiography of the River Nile and its Basin_ (Cairo, 1906); also _The Geographical Journal_, vol. xxx. (1907).

(W. E. G.; F. R. C.)

[1] The Lol is also called the Kir, a name given likewise to the lower course of the Bahr-el-Homr. The confusion of names is partly attributable to the fact that each tribe has a different name for the same stream. It is also due in part to the belief that there was a large river flowing between the Bahr-el-Homr and the Lol. This third river, generally called the Kir, has proved to be only the lower course of the Lol of Bahr-el-Arab.

[2] Including Miss Tinne's mother and aunt and Dr Steudner.

BAHUT (a French word of unknown origin), a portable coffer or chest, with a rounded lid covered in leather, garnished with nails, used for the transport of clothes or other personal luggage,--it was, in short, the original portmanteau. This ancient receptacle, of which mention is made as early as the 14th century--its traditional form is still preserved in many varieties of the modern travelling trunk,--sometimes had its leather covering richly ornamented, and occasionally its interior was divided into compartments; but whatever the details of its construction it was always readily portable. Towards the end of the 17th century the name fell into desuetude, and was replaced by "coffer" (_q.v._), which probably accounts for its misuse by the French romantic writers of the early 19th century. They applied it to almost any antique buffet, cupboard or wardrobe, and its use has now become hopelessly confused.

In architecture, this term is also used for a dwarf-wall of plain masonry, carrying the roof of a cathedral or church and masked or hidden behind the balustrade.

BA[H.]YA, IBN PAQUDA, a Jewish ethical writer who flourished at Saragossa in the 11th century. In 1040 he wrote in Arabic a treatise, _Duties of the Heart_. This book was one of the most significant and influential Jewish works of the middle ages. Ba[h.]ya portrays an intensely spiritual conception of religion, and rises at times to great heights of impassioned mysticism.

[v.03 p.0214] The Law, in the rabbinical sense, was reverenced by Ba[h.]ya, and he converted it into part and parcel of the Jew's inner life. The book is divided into ten parts:--the Unity of God; Contemplation; Worship; Trust; Consecration; Humility; Repentance; Self-Examination; the Ascetic Life; the Love of God. Some selections from Ba[h.]ya's work have been rendered into English by E. Collins.

(I. A.)

BAIAE, an ancient city of Campania, Italy, 10 m. W. of Neapolis, on the _Sinus Baianus_, a bay on the W. coast of the Gulf of Puteoli. It is said to derive its name from [Greek: Baios], the helmsman of Ulysses, whose grave was shown there; it was originally, perhaps, the harbour of Cumae. It was principally famous, however, for its warm sulphur springs, remarkable for their variety and curative properties (Pliny, _Hist. Nat_ xxxi. 4), its mild climate, and its luxuriant vegetation (though in summer there was some malaria in the low ground). It was already frequented, especially by the rich, at the end of the republican period; and in Strabo's day it was as large as Puteoli. Julius Caesar possessed a villa here, the remains of which are probably to be recognized in some large substructures on the ridge above the 16th-century castle. Baiae was a favourite residence of the emperors. Nero built a huge villa probably on the site now occupied by the castle. Hadrian died in Caesar's villa in A.D. 138, and Alexander Severus erected large buildings for his mother. Baiae never became, however, an independent town, but formed part of the territory of Cumae. Three glass vases with views of the coast and its buildings were published by H. Jordan in _Archaeologische Zeitung_ (1868, 91). The luxury and immorality of the life of Baiae under both the republic and the empire are frequently spoken of by ancient writers.

Near Baiae was the villa resort of Bauli, so called from the [Greek: Boaulia] (stalls) in which the oxen of Geryon were concealed by Hercules. By some it is identified with the modern village of Bacoli (owing to a presumed similarity to the ancient name), 2 m. S.S.E. of Baiae; by others with the Punta dell' Epitaffio, 1 m. N.E. of Baiae (see G. B. de Rossi in _Notizie degli scavi_, 1888, 709). At Bauli, Pompey and Hortensius possessed villas, the former on the hills, while that of the latter, on the shores of the Lacus Lucrinus, was remarkable for its tame lampreys and as the scene of the dialogue in the second book of Cicero's _Academica Priora_; it afterwards became imperial property and was the scene of Agrippina's murder by Nero. It was from Bauli to Puteoli that Caligula built his bridge of boats.

Of the once splendid villas and baths of Baiae and its district, the foundations of which were often thrown far out into the sea, considerable, though fragmentary, remains exist. It is not, as a rule, possible to identify the various buildings, and the names which have been applied to the ruins are not authenticated. At Baiae itself there exist three large and lofty domed buildings, two octagonal, one circular, and all circular in the interior, of _opus reticulatum_ and brick, which, though popularly called temples, are remains of baths or _nymphaea_. The Punta dell' Epitaffio also is covered with remains, while at Bacoli are several ruins--to the north of the village a small theatre, called the tomb of Agrippina; under the village the remains of a large villa; to the E. the remains of a large water reservoir, the so-called Cento Camerelle; to the S. another with a vaulted ceiling, known as the _piscina mirabilis_, measuring 230 by 85 ft. The villa of Marius, which was bought by Lucullus, and afterwards came into the possession of the imperial house, was the scene of the death of Tiberius. It is sometimes spoken of as _Baiana_, sometimes as _Misenensis_, and is perhaps to be sought at Bacoli (Th. Mommsen in _Corp. Inscrip. Latin_., x., Berlin, 1883, 1748), though Beloch inclines to place it on the promontory S. of Misenum, and this perhaps agrees better with the description given by Phaedrus.

Baiae was devastated by the Saracens in the 8th century and entirely deserted on account of malaria in 1500.

See J. Beloch, _Campanien_ (2nd ed., Breslau, 1890), 180 seq.

(T. AS.)

BAIBURT, a town of Asiatic Turkey, on the direct carriage road from Trebizond to Erzerum, situated on both banks of the Churuk river, which here traverses an open cultivated plateau (altitude, 5100 ft.), before turning east. It is the chief place of a kaza under Erzerum; the bazaar is poor, and there is no special industry in the town. The houses run up the hillsides on both banks of the river to a considerable height. On an isolated mass of rock, on the left bank, is the old castle, with extensive walls partly ruined, built originally by the Armenians and restored by the Seljuks. The principal gate with some Arabic inscriptions stands at the S.W. corner. There are remains of a vaulted chamber, a Christian church, a mosque and two covered staircases to the river. A fine view is seen from the summit over the plain and the Pontic ranges to the north. The population numbers 10,000, mostly Turkish with some Armenians. The place was occupied by the Russians under General Paskevich during their invasion of 1829, and was the farthest point westward then reached by them.

(F. R. M.)

BAI[D.][=A]W[=I] ('Abdallah ibn 'Umar al-Bai[d.][=a]w[=i]), Mahommedan critic, was born in Fars, where his father was chief judge, in the time of the Atabek ruler Abu Bakr ibn Sa'd (1226-1260). He himself became judge in Shiraz, and died in Tabriz about 1286. His chief work is the commentary on the Koran entitled _The Secrets of Revelation and The Secrets of Interpretation (Asr[=a]r ut-tanz[=i]l wa Asr[=a]r ut-ta' w[=i]l)_. This work is in the main a digest of the great Mu'tazalite commentary (_al-Kashsh[=a]f_) of Zamakhshar[=i] (_q.v._) with omissions and additional notes. By the orthodox Moslems it is considered the standard commentary and almost holy, though it is not complete in its treatment of any branch of theological or linguistic knowledge of which it treats, and is not always accurate (cf. Th. Noeldeke's _Geschichte des Qorans_, Goettingen, 1860, p. 29). It has been edited by H. O. Fleischer (2 vols., Leipzig, 1846-1848; indices ed. W. Fell, Leipzig, 1878). There are many editions published in the East. A selection with numerous notes was edited by D. S. Margoliouth as _Chrestomathia Beidawiana_ (London, 1894). Many supercommentaries have been written on Bai[d.][=a]w[=i]'s work. He was also the author of several theological treatises.

See C. Brockelmann's _Geschichte der arabischen Litteratur_ (Weimar, 1898), vol. i. pp. 416-418.

(G. W. T.)

BAIF, JEAN ANTOINE DE (1532-1589), French poet and member of the Pleiade, was born at Venice in 1532. He was the natural son of the scholar Lazare de Baif, who was at that time French ambassador at Venice. Thanks, perhaps, to the surroundings of his childhood, he grew up an enthusiast for the fine arts, and surpassed in zeal all the leaders of the Renaissance in France. His father spared no pains to secure the best possible education for his son. The boy was taught Latin by Charles Estienne, and Greek by Ange Vergece, the Cretan scholar and calligraphist who designed Greek types for Francis I. When he was eleven years old he was put under the care of the famous Jean Daurat (_q.v._). Ronsard, who was eight years his senior, now began to share his studies. Claude Binet tells how young Baif, bred on Latin and Greek, smoothed out the tiresome beginnings of the Greek language for Ronsard, who in return initiated his companion into the mysteries of French versification. Baif possessed an extraordinary facility, and the mass of his work has injured his reputation. Besides a number of volumes of short poems of an amorous or congratulatory kind, he translated or paraphrased various pieces from Bion, Moschus, Theocritus, Anacreon, Catullus and Martial. He resided in Paris, and enjoyed the continued favour of the court. He founded in 1567 an _academie de musique et de poesie_,[1] with the idea of establishing a closer union between music and poetry; his house became famous for the charming concerts which he gave, entertainments at which Charles IX. and Henry III. frequently flattered him with their presence. Baif elaborated a system for regulating French versification by quantity. In this he was not a pioneer. Jacques de la Taille had written in 1562 the _Maniere de faire des vers en francais comme en grec et en latin_ (printed 1573), and other poets had made experiments in the same direction. The 16th-century poets did not realize the [v.03 p.0215] incompatibility of the system of quantity with French rhythm. Baif's innovations included a line of 15 syllables known as the _vers baifin_. He also meditated reforms in French spelling. His theories are exemplified in _Etrenes de poezie Franzoeze an vers mezures_ (1514). His works were published in 4 volumes, entitled _Oeuvres en rime_ (1573), consisting of _Amours, Jeux, Passetemps, et Poemes_, containing, among much that is now hardly readable, some pieces of infinite grace and delicacy. His sonnet on the _Roman de la Rose_ was said to contain the whole argument of that celebrated work, and Colletet says it was on everybody's lips. He also wrote a celebrated sonnet in praise of the massacre of Saint Bartholomew. Baif was the author of two comedies, _L'Eunuque_, 1565 (published 1573), a free translation of Terence, and _Le Brave_ (1567), an imitation of the _Miles Gloriosus_, in which the characters of Plautus are turned into Frenchmen, the action taking place at Orleans. Baif published a collection of Latin verse in 1577, and in 1576 a popular volume of _Mimes, enseignemens et proverbes_. He died in 1589. His father, Lazare de Baif,[2] published a translation of the _Electra_ of Sophocles in 1537, and afterwards a version of the _Hecuba_; he was an elegant writer of Latin verse, and is commended by Joachim du Bellay as having introduced certain valuable words into the French language.

The _Oeuvres en rime_ (5 vols., 1881-1890) of J. A. de Baif form part of the _Pleiade francaise_ of M. Ch. Marty-Laveaux. See also Becq de Fouquieres, _Poesies choisies de J. A. de Baif_ (1874), with a valuable introduction; and F. Brunetiere, _Hist. de la litt. francaise classique_ (1904, bk. iii. pp. 398-422).

[1] For an account of this academy see Edouard Fremy, _Les Origines de l'Academie Francaise_ (1887).

[2] See L. Pinvert, _Lazare de Baif_, 1496?-1547 (1900).

BAIKAL (known to the Mongols as _Dalai-nor_, and to the Turkish tribes as _Bai-kul_), a lake of East Siberia, the sixth in size of all the lakes of the world and the largest fresh-water basin of Eurasia. It stretches from S.W. to N.E. (51deg 29' to 55deg 50' N. lat. and 103deg 40' to 110deg E. long.), separating the government of Irkutsk from that of Transbaikalia, and has a length of 386 m. and a width of from 20 m. to 50 m. Its southern extremity penetrates into the high plateau of Asia, and the lake lies entirely in the Alpine zone which fringes that plateau on the north-west. Its area is 13,200 sq. m., _i.e._ nearly as great as Switzerland. The length of its coast-line is 525 m. along the western, and 640 m. along the eastern shore. Its altitude has been estimated at 1587 ft. (Chersky) and at 1679 ft. (Suess)--118 ft. above the level of the Angara at Irkutsk (_Zapiski Russ. Geog. Soc._ xv., 1885); but 1500 ft. would seem to be a more correct altitude (_Izvestia East Sib. Branch_, xxviii. 1, 1897). Its level is subject to slight oscillations, and after a heavy five weeks' rain in 1869 it rose 7 ft., an immense territory at the mouth of the Selenga being submerged.

A hydrographic survey of this lake was made by Drizhenko in 1897-1902. The elongated hilly island of Olkhon, and the peninsula of Svyatoi Nos, which forms its continuation on the opposite eastern shore, divide the lake into two basins. The deepest part is in the south-east, at the foot of the Khamar-daban border-ridge of the high plateau. An elongated trough, 66 m. long, reaches there a depth of over 600 fathoms, with a maximum depth of 880 fathoms, _i.e._ about 5280 ft. below the level of the ocean. As a rule the bottom of the lake has very steep slopes: the 100-fathom and even the 250-fathom lines run close to the shores, that is to say, the steepness of the surrounding mountains (4600 to 6000 ft.) continues beneath the surface. At the mouth of the Selenga, however, which enters from the south-east, pouring into it the waters and the alluvial deposits from a drainage area of 173,500 sq. m., a wide delta is thrust out into the lake, reducing its width to 20 m. and spreading under its waters, so as to leave only a narrow channel, 230 to 247 fathoms deep, along the opposite coast. The depth of the middle portion of the lake has not yet been measured, but must exceed 500 fathoms. It was expected that an underground ridge would be found connecting Olkhon with Svyatoi Nos; but depths exceeding 622 fathoms have been sounded even along that line. As to the northern basin, the configuration of its bottom is in accordance with the high mountains which surround it, and most of its area has a depth exceeding 400 fathoms, the maximum depths along three lines of soundings taken across it being 491, 485, and 476 fathoms respectively. The water is beautifully clear.

_Temperature_.--The surface-layers of this immense basin are heated in the summer up to temperatures of 55-1/2deg to 57deg F., both close to the shores and at some distance from the mouth of the Selenga; but these warmer layers are not deep, and a uniform temperature of nearly 39deg F. is generally found at a depth of 20 fathoms, as also on the surface in the middle of the lake. At a depth of 500 fathoms there is a nearly uniform temperature of 38deg. At various places round the shores, _e.g._ the mouth of the Barguzin, hot springs exist. The lake freezes usually at the end of December, or in the beginning of January, so solidly that a temporary post-horse station is erected on the ice in the middle of the lake, and it remains frozen till the second half of May. The evaporation from this large basin exercises a certain influence on the climate of the surrounding country, while the absorption of heat for the thawing of the ice has a notable cooling effect in early summer.

_Rivers_.--Lake Baikal receives over 300 streams, mostly short mountain torrents, besides the Upper Angara, which enters its north-east extremity, the Barguzin, on the east, and the Selenga on the south-east. Its only outflow is the lower Angara, which issues through a rocky cleft on the west shore. The Irkut no longer reaches the Baikal, though it once did so. After approaching its south-west extremity it abandons the broad valley which leads to the lake, and makes its way northwards through a narrow gap in the mountains and joins the Angara at Irkutsk.

_Mountains_.--With the exception of the delta of the Selenga, Lake Baikal is surrounded by lofty mountains. The Khamar-daban border-ridge (the summit of a mountain of the same name is 5300 ft. above the lake), falling with steep cliffs towards the lake, fringes it on the south; a massive, deeply-ravined highland occupies the space between the Irkut and the Angara; the Onot and Baikal ridges (also Primorskiy) run along its north-west shore, striking it diagonally; an Alpine complex of yet unexplored mountains rises on its north-east shore; the Barguzin range impinges upon it obliquely in the east; and the Ulanburgasu mountains intrude into the delta of the Selenga.

_Geology_.--It is certain that in previous geological ages Lake Baikal had a much greater extension. It stretched westwards into the valley of the Irkut, and up the lower valleys of the Upper Angara and the Barguzin. Volcanic activity took place around its shores at the end of the Tertiary or during the Quaternary Age, and great streams of lava cover the Sayan and Khamar-daban mountains, as well as the valley of Irkut. Earthquakes are still frequent along its shores.

_Fauna_.--The fauna, explored by Dybowski and Godlewski, and in 1900-2 by Korotnev, is much richer than it was supposed to be, and has quite an original character; but hypotheses as to a direct communication having existed between Lake Baikal and the Arctic Ocean during the Post-Tertiary or Tertiary ages are not proved. Still, Lake Baikal has a seal (_Phoca vitulina_, _Phoca baikalensis_ of Dybowski) quite akin to the seals of Spitsbergen, marine sponges, polychaetes, a marine mollusc (_ancilodoris_), and some marine gammarids. The waters of the lake swarm with fish (sturgeons and _salmonidae_), and its herring (_Salmo omul_) is the chief product of the fisheries, though notably fewer have been taken within the last forty or fifty years. Plankton is very abundant. The little Lake Frolikha, situated close to the northern extremity of Lake Baikal and communicating with it by means of a river of the same name, contains a peculiar species of trout, _Salmo erythreas_, which is not known elsewhere. Generally, while there is a relative poverty of zoological groups, there is a great wealth of species within the group. Of gammarids, there are as many as 300 species, and those living at great depths (330 to 380 fathoms) tend to assume abyssal characters similar to those displayed by the deep-sea fauna of the ocean.

_Navigation._--Navigation of the lake is rendered difficult both by sudden storms and by the absence of good bays and ports. [v.03 p.0216] The principal port on the western shore, Listvinichnoe, near the outflow of the Angara, is an open roadstead at the foot of steep mountains. Steamers ply from it weekly to Misovaya (Posolskoe) on the opposite shore, a few times a year to Verkhne-Angarsk, at the northern extremity of the lake, and frequently to the mouth of the Selenga. Steamers ascend this river as far as Bilyutai, near the Mongolian frontier, and bring back tea, imported via Kiakhta, while grain, cedar nuts, salt, soda, wool and timber are shipped on rafts down the Khilok, Chikoi and Uda (tributaries of the Selenga), and manufactured goods are taken up the river for export to China. Attempts are being made to render the Angara navigable below Irkutsk down to the Yenisei. In winter, when the lake is covered with ice 3 ft. to 4 ft. thick, it is crossed on sledges from Listvinichnoe to Misovaya. But a highway, available all the year round, was made in 1863-1864 around its southern shore, partly by blasting the cliffs, and it is now (since 1905) followed by the trans-Siberian railway. Further, a powerful ice-breaker is used to ferry trains across from Listvinichnoe to Misovaya.

AUTHORITIES.--Drizhenko, "Hydrographic Reconnoitring of Lake Baikal," in _Izvestia Russ. Geogr. Soc._ (1897, 2); Russian Addenda to Ritter's _Asia, East Siberia, Baikal,_ &c. (1895); Chersky's Geological Map of Shores of Lake Baikal, 6-2/3 m. to the inch, in _Zapiski_ of _Russ. Geogr. Soc._ xv. (1886); "Report of Geological Exploration of Shores of Lake Baikal," in _Zapiski_ of _East Siberian Branch_ of _Russ. Geogr. Soc._ xii. (1886); Obruchev, "Geology of Baikal Mountains," _Izvestia_ of same Society (1890, xxi. 4 and 5); Dybowski and Godlewski on "Fauna," in same periodical (1876); Witkowski, on "Seals"; Yakovlev's "Fishes of Angara," in same periodical (1890-1893); "Fishing in Lake Baikal and its Tributaries," in same periodical (1886-1890); and _La Geographie_ (No. 3, 1904).

(P. A. K.; J. T. BE.)

BAIKIE, WILLIAM BALFOUR (1824-1864), Scottish explorer, naturalist and philologist, eldest son of Captain John Baikie, R.N., was born at Kirkwall, Orkney, on the 21st of August 1824. He studied medicine at Edinburgh, and, on obtaining his M.D. degree, joined the royal navy in 1848. He early attracted the notice of Sir Roderick Murchison, through whom he was appointed surgeon and naturalist to the Niger expedition sent out in 1854 by Macgregor Laird with government support. The death of the senior officer (Consul Beecroft) occurring at Fernando Po, Baikie succeeded to the command. Ascending the Benue about 250 m. beyond the point reached by former explorers, the little steamer "Pleiad" returned and reached the mouth of the Niger, after a voyage of 118 days, without the loss of a single man. The expedition had been instructed to endeavour to afford assistance to Heinrich Barth (_q.v._), who had in 1851 crossed the Benue in its upper course, but Baikie was unable to gain any trustworthy information concerning him. Returning to England, Baikie gave an account of his work in his _Narrative of an Exploring Voyage up the Rivers Kwora and Binue ... _ (London, 1856). In March 1857 Baikie--with the rank of British consul--started on another expedition in the "Pleiad." After two years spent in exploring the Niger, the navigating vessel was wrecked in passing through some of the rapids of the river, and Baikie was unable longer to keep his party together. All returned home but himself; in no way daunted, he determined single-handed to carry out the purposes of the expedition. Landing from a small boat, with one or two native followers, at the confluence of the Niger and Benue, he chose Lokoja as the base of his future operations, it being the site of the model farm established by the expedition sent by the British government in 1841, and abandoned within a twelve-month on the death of most of the white settlers (see Capt. W. Alien, R.N., and T. R. H. Thomson, M.D., _A Narrative of the Expedition ... to the River Niger in 1841_, London, 1848). After purchasing the site, and concluding a treaty with the Fula emir of Nupe, he proceeded to clear the ground, build houses, form enclosures and pave the way for a future city. Numbers flocked to him from all neighbouring districts, and in his settlement were representatives of almost all the tribes of West-Central Africa. To the motley commonwealth thus formed he acted not merely as ruler, but also as physician, teacher and priest. In less than five years he had opened up the navigation of the Niger, made roads, and established a market to which the native produce was brought for sale and barter. He had also collected vocabularies of nearly fifty African dialects, and translated portions of the Bible and prayer-book into Hausa. Once only during his residence had he to employ armed force against the surrounding tribes. While on his way home, on leave of absence, he died at Sierra Leone on the 30th of November 1864. He had done much to establish British influence on the Niger, but after his death the British government abolished the consulate (1866), and it was through private enterprise that some twenty years later the district where Baikie had worked so successfully was finally secured for Great Britain (see NIGERIA).

Baikie's _Observations on the Hausa and Fulfulde_ (_i.e._ Fula) _Languages_ was privately printed in 1861, and his translation of the Psalms into Hausa was published by the Bible Society in 1881. He was also the author of various works concerning Orkney and Shetland. A monument to his memory was placed in the nave of the ancient cathedral of St Magnus, Kirkwall.

BAIL,[1] in English common law, the freeing or setting at liberty of one arrested or imprisoned upon any action, either civil or criminal, on surety taken for his appearance on a certain day and at a place named. The surety is termed bail, because the person arrested or imprisoned is placed in the custody of those who bind themselves or become bail for his due appearance when required. So he may be released by them if they suspect that he is about to escape and surrendered to the court, when they are discharged from further liability. The sureties must be sufficient in the opinion of the court, and, as a rule, only householders are accepted; in criminal cases the solicitor or an accomplice of the person to be bailed, a married woman or an infant would not be accepted. Bail is obligatory in all summary cases. It is also obligatory in all misdemeanours, except such as have been placed on the level of felonies, viz. obtaining or attempting to obtain property on false pretences, receiving property so obtained or stolen, perjury or subornation of perjury, concealment of birth, wilful or indecent exposure of the person, riot, assault in pursuance of a conspiracy to raise wages, assault upon a peace-officer in the execution of his duty or upon any one assisting him, neglect or breach of duty as a peace-officer, any prosecution of which the costs are payable out of the county or borough rate or fund. In cases of treason, bail can only be granted by a secretary of state or the king's bench division. A person charged with felony is not entitled as of right to be released on bail. The power of admitting a prisoner to bail is discretionary and not ministerial, and the chief consideration in the exercise of that discretion must be the likelihood of the prisoner failing to appear at the trial. This must be gauged from the nature of the evidence in support of the accusation, the position of the accused and the severity of the punishment which his conviction will entail, as well as the independence of the sureties. The Bail Act 1898 gives a magistrate power, where a person is charged with felony or certain misdemeanours, or where he is committed for trial for any indictable offence, to dispense with sureties, if in his opinion the so dispensing will not tend to defeat the ends of justice. A surety may be examined on oath as to his means, while the court may also require notice to be given to the plaintiff, prosecutor or police. A person who has been taken into custody for an offence without a warrant, and cannot be brought before a court of summary jurisdiction within twenty-four hours, may be admitted to bail by a superintendent or inspector of police; and in a borough, if a person is arrested for a petty misdemeanour, he may be bailed by the constable in charge of the police-station. Bail in civil matters, since the abolition of arrest on mesne process, is virtually extinct. It took the form of an instrument termed a [v.03 p.0217] _bail-bond_, which was prepared in the sheriff's office after arrest, and executed by two sufficient sureties, and the person arrested.

In admiralty proceedings _in rem_, bail is often required for procuring the release of arrested ships or cargo. It is also given without the arrest of the ship, as a substitution of personal security for that of the _res_, generally in an amount to cover the claim and costs.

In the United States, bail (in a sum fixed by the committing magistrate) is a matter of right in all cases where a sentence of death cannot be inflicted (Rev. Stat. s. 1015). In those where such a sentence can be inflicted, it may be allowed by one of the judges of the United States courts at his discretion (_ibid_. s. 1016).

[1] The ultimate origin of this and cognate words is the Lat. _bajulus_, properly a bearer of burdens or porter, later a tutor or guardian, and hence a governor or custodian, from which comes "bailiff"; from _bajulare_ is derived the French _bailler_, to take charge of, or to place in charge of, and "bail" thus means "custody," and is applied to the person who gives security for the appearance of the prisoner, the security given, or the release of the prisoner on such security.

BAILEN, or BAYLEN, a town of southern Spain, in the province of Jaen; 21 m. by road N. of the city of Jaen. Pop. (1900) 7420. Bailen is probably the ancient Baecula, where the Romans, under P. Cornelius Scipio the elder, signally defeated the Carthaginians in 209 and 206 B.C. In its neighbourhood, also, in 1212, was fought the great battle of Las Navas de Tolosa, in which, according to the ancient chroniclers, the Castilians under Alphonso VIII, slew 200,000 Moors, and themselves only lost 25 men. Although this estimate is absurd, the victory of the Christians was complete. The capitulation of Bailen, signed at Andujar by the French general Dupont, on the 23rd of July 1808 after several days' hard fighting, involved the surrender of 17,000 men to the Spaniards, and was the first severe blow suffered by the French in the Peninsular War.

BAILEY, GAMALIEL (1807-1859), American journalist, was born at Mount Holly, New Jersey, on the 3rd of December 1807. He graduated at the Jefferson Medical College in Philadelphia in 1827. After editing for a short time a religious journal, the _Methodist Protestant_, at Baltimore, he removed in 1831 to Cincinnati, Ohio, where at first he devoted himself almost exclusively to the practice of medicine. He was also a lecturer on physiology at the Lane Theological Seminary, and at the time of the Lane Seminary debates (February 1834) between the pro-slavery and the anti-slavery students, and the subsequent withdrawal of the latter, he became an ardent abolitionist. In 1836 he joined James G. Birney in the editorial control of the _Philanthropist_; in the following year he succeeded Birney as editor, and conducted the paper in spite of threats and acts of violence--the printing-office being thrice wrecked by a mob--until 1847. From 1843 also he edited a daily paper, the _Herald_. In 1847 he assumed control of the new abolitional organ, the _National Era_, at Washington, D.C. Here also his paper was the object of attack by pro-slavery mobs, at one time in 1848 the editor and printers being besieged in their office for three days. This paper had a considerable circulation, and in it, in 1851-1852, Mrs. H. B. Stowe's _Uncle Tom's Cabin_ was first published. Bailey died at sea in the course of a trip to Europe on the 5th of June 1859.

BAILEY, NATHAN or NATHANIEL (d. 1742), English philologist and lexicographer. He compiled a _Dictionarium Britannicum: a more compleat universal etymological English dictionary than any extant_, bearing the date 1730, but supposed to have been published in 1721. This was a great improvement on all previous attempts, and formed the basis of Dr Johnson's great work. Bailey, who was a Seventh-day Baptist (admitted 1691), had a school at Stepney, near London, and was the author of _Dictionarium Domesticum_ and several other educational works. He died on the 27th of June 1742.

BAILEY, PHILIP JAMES (1816-1902), English poet, author of _Festus_, was born at Nottingham on the 22nd of April 1816. His father, who himself published both prose and verse, owned and edited from 1845 to 1852 the _Nottingham Mercury_, one of the chief journals in his native town. Philip James Bailey received a local education until his sixteenth year, when he matriculated at Glasgow University. He did not, however, take his degree, but moved in 1835 to London and entered Lincoln's Inn. Without making serious practice of the law he settled at Basford, and for three years was occupied with the composition of _Festus_, which appeared anonymously in 1839. Its success, both in England and America, was immediate. It passed through a dozen editions in the country of its birth, and nearly three times as many in the United States; and when in 1889 its author was able to publish a "Jubilee Edition," he could feel that it was one of the few poems of its time which was known to both the older and the younger generations. Its author is known almost exclusively by his one voluminous poem, for though Bailey published other verses he is essentially a man of one book. _Festus_ has undergone many changes and incorporations, but it remains a singular example of a piece of work virtually completed in youth, and never supplanted or reinforced by later achievements of its author. It is a vast pageant of theology and philosophy, comprising in some twelve divisions an attempt to represent the relation of God to man and of man to God, to emphasize the benignity of Providence, to preach the immortality of the soul, and to postulate "a gospel of faith and reason combined." It contains fine lines and dignified thought, but its ambitious theme, and a certain incoherency in the manner in which it is worked out, prevent it from being easily readable by any but the most sympathetic student. Bailey died on the 6th of September 1902.

BAILEY, SAMUEL (1791-1870), British philosopher and author, was born at Sheffield in 1791. He was among the first of those Sheffield merchants who went to the United States to establish trade connexions. After a few years in his father's business, he retired with an ample fortune from all business concerns, with the exception of the Sheffield Banking Company, of which he was chairman for many years. Although an ardent liberal, he took little part in political affairs. On two occasions he stood for Sheffield as a "philosophic radical," but without success. His life is for the most part a history of his numerous and varied publications. His books, if not of first-rate importance, are marked by lucidity, elegance of style and originality of treatment. He died suddenly on the 18th of January 1870, leaving over L80,000 to the town of Sheffield. His first work, _Essays on the Formation and Publication of Opinions_, published anonymously in 1821 (2nd ed., 1826; 3rd ed., 1837), attracted more attention than any of his other writings. A sequel to it appeared in 1829, _Essays on the Pursuit of Truth_ (2nd ed., 1844). Between these two were _Questions in Political Economy_, _Politics, Morals, &c._ (1823), and a _Critical Dissertation on the Nature, Measure, and Causes of Value_ (1825), directed against the opinions of Ricardo and his school. His next publications also were on economic or political subjects, _Rationale of Political Representation_ (1835), and _Money and its Vicissitudes_ (1837), now practically forgotten; about the same time also appeared some of his pamphlets, _Discussion of Parliamentary Reform_, _Right of Primogeniture Examined_, _Defence of Joint-Stock Banks_. In 1842 appeared his Review of _Berkeley's Theory of Vision_, an able work, which called forth rejoinders from J. S. Mill in the _Westminster Review_ (reprinted in _Dissertations_), and from Ferrier in _Blackwood_ (reprinted in _Lectures and Remains_, ii). Bailey replied to his critics in a _Letter to a Philosopher _ (1843), &c. In 1851 he published _Theory of Reasoning _ (2nd ed., 1852), a discussion of the nature of inference, and an able criticism of the functions and value of the syllogism. In 1852 he published _Discourses on Various Subjects_; and finally summed up his philosophic views in the _Letters on the Philosophy of the Human Mind_ (three series, 1855, 1858, 1863). In 1845 he published _Maro_, a poem in four cantoes (85 pp., Longmans), containing a description of a young poet who printed 1000 copies of his first poem, of which only 10 were sold. He was a diligent student of Shakespeare, and his last literary work was _On the Received Text of Shakespeare's Dramatic Writings and its Improvement_ (1862). Many of the emendations suggested are more fantastic than felicitous.

The _Letters_ contain a discussion of many of the principal problems in psychology and ethics. Bailey can hardly be classed as belonging either to the strictly empirical or to the idealist school, but his general tendency is towards the former. (1) In regard to method, he founds psychology entirely on introspection. He thus, to a certain extent, agrees with the Scottish school, but he differs from them in rejecting altogether the doctrine of mental faculties. What have been designated faculties are, upon his view, merely classified [v.03 p.0218] facts or phenomena of consciousness. He criticizes very severely the habitual use of metaphorical language in describing mental operations. (2) His doctrine of perception, which is, in brief, that "the perception of external things through the organs of sense is a direct mental act or phenomenon of consciousness not susceptible of being resolved into anything else," and the reality of which can be neither proved nor disproved, is not worked out in detail, but is supported by elaborate and sometimes subtle criticisms of all other theories. (3) With regard to general and abstract ideas and general propositions, his opinions are those of the empirical school, but his analysis frequently puts the matter in a new light. (4) In the theory of morals, Bailey is an advocate of utilitarianism (though he objects to the term "utility" as being narrow and, to the unthinking, of sordid content), and works out with great skill the steps in the formation of the "complex" mental facts involved in the recognition of duty, obligation, right. He bases all moral phenomena on five facts:--(1) Man is susceptible to pleasure (and pain); (2) he likes (or dislikes) their causes; (3) he desires to reciprocate pleasure and pain received; (4) he expects such reciprocation from others; (5) he feels more or less sympathy with the same feelings in his fellows (_Letters_, 3rd series).

See A. Bain's _Moral Science_; Th. Ribot, _La Psychologie anglaise contemp._; J. F. Ferrier, _Philos. Remains_ (Edinb. and Lond., 1875), pp. 351-381.

BAILEY (said to be a corruption of _Ballium_ by some, and derived by others from the Fr. _baille_, a corruption of _bataille_, because there the soldiers were drilled in battle array), the open space between the inner and outer lines of a fortification. Sometimes there were more than one, as the Inner and Outer Bailey; there are in England the Old Bailey at London and at York, and the Upper and Nether Baileys at Colchester.

BAILIFF and BAILIE (from Late Lat. _bajulivus_, adjectival form of _bajulus_, a governor or custodian; cf. BAIL), a legal officer to whom some degree of authority, care or jurisdiction is committed. Bailiffs are of various kinds and their offices and duties vary greatly.

The term was first applied in England to the king's officers generally, such as sheriffs, mayors, &c., and more particularly to the chief officer of a hundred. The county within which the sheriff exercises his jurisdiction is still called his bailiwick, while the term bailiff is retained as a title by the chief magistrates of various towns and the keepers of royal castles, as the high bailiff of Westminster, the bailiff of Dover Castle, &c. Under the manorial system, the bailiff, the steward and the reeve were important officers; the bailiff managed the property of the manor and superintended its cultivation (see Walter of Henley, _Husbandry_, R. Hist. Soc., 1890).

The bailiff of a franchise or liberty is the officer who executes writs and processes, and impanels juries within the franchise. He is appointed by the lord of such franchise (who, in the Sheriffs Act 1887, s. 34, is referred to as the bailiff of the franchise).

The bailiff of a sheriff is an under-officer employed by a sheriff within a county for the purpose of executing writs, processes, distraints and arrests. As a sheriff is liable for the acts of his officers acting under his warrant, his bailiffs are annually bound to him in an obligation with sureties for the faithful discharge of their office, and thence are called _bound_ bailiffs. They are also often called _bum-bailiffs_, or, shortly, _bums_. The origin of this word is uncertain; the _New English Dictionary_ suggests that it is in allusion to the mode of catching the offender. Special bailiffs are officers appointed by the sheriff at the request of a plaintiff for the purpose of executing a particular process. The appointment of a special bailiff relieves the sheriff from all responsibility until the party is arrested and delivered into the sheriff's actual custody.

By the County Courts Act 1888, it is provided that there shall be one or more high-bailiffs, appointed by the judge and removable by the lord-chancellor; and every person discharging the duties of high-bailiff is empowered to appoint a sufficient number of able and fit persons as bailiffs to assist him, whom he can dismiss at his pleasure. The duty of the high-bailiff is to serve all summonses and orders, and execute all the warrants, precepts and writs issued out of the court. The high bailiff is responsible for all the acts and defaults of himself, and of the bailiffs appointed to assist him, in the same way as a sheriff of a county is responsible for the acts and defaults of himself and his officers. By the same act (s.49) bailiffs are answerable for any connivance, omission or neglect to levy any such execution. No action can be brought against a bailiff acting under order of the court without six days' notice (s.54). Any warrant to a bailiff to give possession of a tenement justifies him in entering upon the premises named in the warrant, and giving possession, provided the entry be made between the hours of 9 A.M. and 4 P.M. (s. 142). The Law of Distress Amendment Act 1888 enacts that no person may act as a bailiff to levy any distress for rent, unless he is authorized by a county-court judge to act as a bailiff.

In the Channel Islands the bailiff is the first civil officer in each island. He is appointed by the crown, and generally holds office for life. He presides at the royal court, and takes the opinions of the jurats; he also presides over the states, and represents the crown in all civil matters. Though he need not necessarily have had legal training, he is usually selected from among those who have held some appointment at the island bar.

In the United States the word bailiff has no special significance. It is sometimes applied to the officer who takes charge of juries and waits upon the court. The officer who corresponds to the English sheriff's bailiff is termed a deputy or under-sheriff.

_Bailie._--In Scotland the word bailiff has taken the form of "bailie," signifying a superior officer or magistrate of a municipal corporation. Bailies, by virtue of their office, are invested with certain judicial and administrative powers within the burgh for which they are appointed. They sit as police-court magistrates, being assisted usually by a paid legal adviser, called an "assessor," and, in the larger burghs, act as a licensing court. It is usually said that a bailie is analogous to the English alderman, but this is only in so far as he is a person of superior dignity in the council, for, unlike an alderman, he continues to sit for the ward for which he has been elected after selection as a bailie. He is always appointed from within the council, and his term of office is only that of an ordinary councillor, that is, for not more than three years. _Bailie to give sasine_ was the person who appeared for the superior at the ceremony of giving sasine. This ceremony was abolished in 1845. The _Bailie of Holyrood_, or _Bailie of the Abbey_, was the official who had jurisdiction in all civil debts contracted within the precincts of the sanctuary (_q.v._).

(T. A. I.)

_Bailli_.--In France the bailiff (_bailli_), or seneschal in feudal days, was the principal officer of any noble importance. He it was who held the feudal court of assizes when the lord was not present himself. A great noble often also had a _prevote_, where small matters were settled, and the preparatory steps taken relative to the more important cases reserved for the assizes. Among the great officers of the crown of France a grand-seneschal formerly figured until the reign of Philip Augustus, when the last holder of the office was not replaced by a successor. It is also under Philip Augustus that local bailiffs first make a definite appearance. In the ordinance of 1190, by which the king, about to set forth on the crusade, arranged for the administration of the kingdom during his absence, they figure as part of a general system. Probably the first royal bailiffs or seneschals were the seigniorial bailiffs of certain great fiefs that had been reunited to the crown, their functions still continuing after the annexation. Their essential function was at first the surveillance of the royal provosts (_prevots_), who until then had had the sole administration of the various parts of the domain. They concentrated in their own hands the produce of the provostships, and they organized and led the men who by feudal rules owed military service to the king. They had also judicial functions, which, at first narrowly restricted in application, became much enlarged as time went on, and they held periodical assizes in the principal centres of their districts. When the right of appeal was instituted, it was they who heard the appeals from sentences pronounced by inferior royal judges and by the seigniorial justices. Royal cases, and cases in which a noble was defendant, were also reserved for them. The royal _bailli_ or seneschal (no real difference existed between the two offices, the names merely changing according to the district), was for long the king's principal representative in the provinces, [v.03 p.0219] and the _bailliage_ or the _senechaussee_ was then as important administratively as judicially. But the political power of the bailiffs was greatly lessened when the provincial governors were created. They had already lost their financial powers, and their judicial functions now passed from them to their lieutenants.

By his origin the bailiff had a military character; he was an officer of the "short robe" and not of the "long robe," which in those days was no obstacle to his being well versed in precedents. But when, under the influence of Roman and canon law, the legal procedure of the civil courts became _learned_, the bailiff often availed himself of a right granted him by ancient public law: that of delegating the exercise of his functions to whomsoever he thought fit. He delegated his judicial functions to lieutenants, whom he selected and discharged at will. But as this delegation became habitual, the position of the lieutenants was strengthened; in the 16th century they became royal officers by title, and even dispossessed the bailiffs of their judiciary prerogatives. The tribunal of the _bailliage_ or _senechaussee_ underwent yet another transformation, becoming a stationary court of justice, the seat of which was fixed at the chief town. During the 15th and 16th centuries ambulatory assizes diminished in both frequency and importance. In the 17th and 18th centuries they were no more than a survival, the _lieutenant_ of such a _bailliage_ having preserved the right to hold one assize each year at a certain locality in his district. The ancient bailiff or _bailli d'epee_ still existed, however; the judgments in the tribunal of the bailliage were delivered in his name, and he was responsible for their execution. So long as the military service of the _ban_ and _arriere ban_, due to the king from all fief-holders, was maintained (and it was still in force at the end of the 17th century), it was the bailiffs who organized it. Finally the _bailliage_ became in principle the electoral district for the states-general, the unit represented therein by its three estates. The justiciary nobles retained their judges, often called bailiffs, until the Revolution. These judges, who were competent to decide questions as to the payment of seigniorial dues could not, legally at all events, themselves farm those revenues.

See Dupont Ferrier, _Les Officiers royaux des bailliages et senechaussees et les institutions monarchiques locales en France a la fin du moyen age_ (1902); Armand Brette, _Recueil de documents relatifs a la convocation des etats-generaux de 1789_ (3 vols. 1904) (vol. iii. gives the condition of the _bailliages_ and _senechaussees_ in 1789).

(J. P. E.)

BAILLET, ADRIEN (1649-1706), French scholar and critic, was born on the 13th of June 1649, at the village of Neuville near Beauvais, in Picardy. His parents could only afford to send him to a small school in the village, but he picked up some Latin from the friars of a neighbouring convent, who brought him under the notice of the bishop of Beauvais. By his kindness Baillet received a thorough education at the theological seminary, and was afterwards appointed to a post as teacher in the college of Beauvais. In 1676 he was ordained priest and was presented to a small vicarage. He accepted in 1680 the appointment of librarian to M. de Lamoignon, advocate-general to the _parlement_ of Paris, of whose library he made a _catalogue raisonne_ (35 vols.), all written with his own hand. The remainder of his life was spent in incessant, unremitting labour; so keen was his devotion to study that he allowed himself only five hours a day for rest. He died on the 21st of January 1706. Of his numerous works the following are the most conspicuous: (1) _Histoire de Hollande depuis la treve de 1609 jusqu'a 1690_ (4 vols. 1693), a continuation of Grotius, and published under the name of La Neuville, (2) _Les Vies des saints ..._ (4 vols. 1701), (3) _Des Satires personelles, traite historique et critique de celles qui portent le titre d' Anti_ (2 vols. 1689), (4) _Vie de Descartes_ (2 vols. 1691), (5) _Auteurs deguises sous des noms etrangers, empruntes, &c._ (1690), (6) _Jugemens des savans sur les principaux ouvrages des auteurs_ (9 vols. 1685-1686). The last is the most celebrated and useful of all his works. At the time of his death he was engaged on a _Dictionnaire universelle ecclesiastique_. The praise bestowed on the Jansenists in the _Jugemens des savans_ brought down on Baillet the hatred of the Jesuits, and his _Vie des saints_, in which he brought his critical mind to bear on the question of miracles, caused some scandal. His _Vie de Descartes_ is a mine of information on the philosopher and his work, derived from numerous unimpeachable authorities.

See the edition by M. de la Monnoye of the _Jugemens des savans_ (Amsterdam, 4 vols. 1725), which contains the _Anti-Baillet_ of Gilles Menage and an _Abrege de la vie de Mr Baillet_.