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1419 feet above the level of the sea, 8 feet lower | rather disqualification, according to the canonists, than Lake Neuchâtel, whose surplus waters it / who explained it to consist in marrying two virgins receives at its south extremity by the Thiel, by successively, one after the death of the other, or in which river it again discharges its own. Its greatest once marrying a widow; and persons so offending depth is 400 feet. Towards its southern extremity or disqualified were held to be incapable of holy is situated the island of St. Pierre, crowned with a orders, and therefore B. was anciently considered grove of fine old oaks, to which Rousseau retired a good counterplea to the claim of benefit of for two months after his proscription at Paris in clergy (q. v.), although the law in that respect was 1765.
afterwards altered by a statute passed in the reign BIENNIALS. or BIENNIAL PLANTS, are plants | of Edward VI., when, bigamists or no bigamists, which do not flower in the first season of their the clergy resumed their strange privilege. Different growth, but flower and bear fruit in the second view's prevailed in more modern times, and at a season, and then dic. Many of our cultivated plants period, too, when the restraints of ecclesiastical are B., as the carrot, turnip, parsnip, parsley, celery, |
v dogmas had been thrown off. It is known that &c. and many of the most esteemed flowers of our certain of the leaders of the German reformation. gardens, as stock, wallflower. &c. But plants which including Luther, Melancthon, Bucer, and Melander in ordinary circumstances are B., often becoine an
did not withhold their consent from Philip, Landnuals (q. v.), when early sowing, warm weather, or grave of Hesse, champion of the Reformation, other causes promote the earlier development of a having lost conceit of his wife, had applied to the flowering stem, as is continually exemplitied in all | Protestant doctors for licence to have another, and the kinds already named. If, on the other hand, the which license was not withheld, for the marriage took flowering of the plant is prevented or, in many | place, and was performed by Melander in presence cases, if it is merely prevented from ripening its of Melancthon, Bucer, and others; and privately, seed - it will continue to live for a much longer
as the marriage-contract bears, 'to avoid scandal, period: the same bed of parsley, if regularly cut seeing that, in modern times, it has not been usual over, will remain productive for a number of years.
to have two wives at once, although in this case it BIERVLIET, a village of the Netherlands, prov
be Christian and lawful. Whether Luther and the
other Protestant doctors actually held views favour. ince of Zeeland, 13 miles east-north-east of Sluis.' It is deserving of mention as the birthplace of Wil
able to polygamy has been the subject of warm
controversy (see Sir William Hamilton's Discusliain Beukels (q. V.), who in 1386 invented the method of curing herrings. In 1377, B. was de
sions on Philosophy and Literature, 1852, 2d ed., tached from the mainland by an inundation, and still
1853; and Archdeacon Hare's Vindication of Luther,
1855). Sir William Hamilton asserts that Luther remains insular.
believed in the religious legality' of polygamy, and BIES-BO'SCH, a marshy sheet of water of the wished it to be sanctioned by the civil authorities Netherlands, between the provinces North Brabant
an assertion, however, of which the promised proof and South Holland, formed in November 1421 by an | never appeared. Archdeacon Hare, on the other inundation which destroyed 72 villages and 100,000
hand, maintains that Luther and Melancthon only people, and forming that part of the estuary of the held that in certain extraordinary emergencies disMaas called Holland's Diep. It is interspersed with pensations from the usual law of marriage might be several islands.
granted. Be that as it may, the conduct of the BI'FFIN. See APPLE.
Reformation leaders in this matter has been univer„BIG HORN, a navigable river of the United States, sally condemned, even by Protestants. The ideas rises near Freemont's Peak in the Rocky Mountains. referred to never gained ground in Germany; while about 42° 20' N., and 110° W. It has a north-east I in Great Britain ‘monogamy' not only continued an course of about 400 miles, being the largest affluent of institution, but its violation was regarded as a serious the Yellowstone, which, again, is the largest affluent offence, which continues to be treated in statutes, of the Missouri.
law-books, and in the practice of the criminal courts
in the three kingdoms, under the name of bigamy. · BIG SANDY RIVER, a fine navigable affluent of the Ohio, flows through extensive beds of coal.
1 Vor, indeed, have the ideas referred to been followed
by the Germans as a nation. It is formed by the junction of two branches-the east and west forks—which both rise in Virginia.
The first statute which distinctly treated this The latter traverses several counties of Kentucky
offence as a felony was the 1 James I. c. 11, which
| enacted that a person so convicted should suffer and the former is, during the latter part of its course, the boundary between the two states. Their united
death. What now constitutes the English law re
garding the crime of bigamy, is the 22d section of waters lose themselves in the Ohio, nearly opposite
9 Geo. IV. c. 31, passed in 1828. B. is there declared to Burlington, in the state of Ohio.
to be committed by any person who, being married, BI'GA, a Roman term applied in ancient times to shall marry any other person during the life of the vehicles drawn by two horses abreast; and com- former husband or wife, whether the second marriage monly to the Roman chariot used in processions or shall have taken place in England or elsewhere' in the circus. In shape it resembled the Greek war
-a definition that appears to be adopted by the chariot a short body on two wheels, low, and open
recent Divorce Act, the 20 and 21 Vict. c. 85, where, behind, where the charioteer entered, but higher and for the purpose of that act, B. is to be taken to closed in front.
mean ‘marriage of any person being married to BI'GAMY. This is an offence which, although any other person during the life of the former perfectly intelligible in itself to the popular and husband or wife, whether the second marriage shall unprofessional understanding, is yet, with a due have taken place within the dominions of her regard to the strict meaning of the word, extreinely Majesty, or elsewhere. More correctly, however, difficult, legally, to define. Blackstone objects to the offence of B. may be said to consist in going the use of it as a term descriptive of the offence in through the form or appearance of a second marview; for he says it is corruptly so called, because riage, while a first subsists, with a man or woman, B. properly signifies being twice married, which a against whom the most odious deceit and fraud is man or a woman may legally be; and he therefore thus practised, and upon whom, especially in case prefers the term polygamy. B., however, even of a woman, the deepest injury is inflicted; for according to the literal meaning, was an offence, or the second marriage is merely a marriage in forni
--no real marriage at all, because a man can- / jurisdiction, but simply divorced from the bonds of not have two wives, or a woman two husbands, the first marriage. at one and the same time. In prosecutions under' It remains to be added, that under the 9 Geo. IV., this act, the first wife is not admissible as a wit- not only the actual bigamist, but every person ness against her husband, because she is the true counselling, aiding, or abetting the offender, is held wife; but the second may, because she is not only equally guilty, and may be sentenced to the same no wife at all, but because she stands in the posi- punishment; and by section 31, accessories before tion of being the party peculiarly injured by the and after the fact are also severely punishable. bigamy. The same is the procedure in the case of The 9 Geo. IV. does not extend to Scotland, but a second husband. The act following the 1 James I. the law there on the subject of this particular offence makes B. a felony, and prescribes as the punishment, is very much the same in principle, although the upon conviction, transportation for seven years; now punishment there is not so severe as in England. changed (by the 16 and 17 Vict. c. 99, amended by There is an old Scotch statute, passed in 1551, which the 20 and 21 Vict. c. 3) to penal servitude for the declares the punishment of B. to be the same as that same period, or not less than three years; or to be of perjury; but the offence is also indictable at imprisoned, with or without hard labour, in the com common law in Scotland, and in modern practice, it mon jail or house of correction for any term not ex- is usual so to deal with it, and to limit the punishceeding two years.
ment to imprisonment. See MARRIAGE, DIVORCE, The act, however, excepts from its provisions the POLYGAMY, following four cases: 1. That of a second inarriage BIGG. See BARLEY. contracted out of England, by any other than a BIGHT (from the same root as the verb 'to subject of the realm. 2. That of any person marry
bow ') is a sailor's name for the bent or doubled ing a second time, whose husband or wife shall have been continually absent from such person for the
| part of a rope. Thus, one anchor may “hook the B.' space of seven years then last past; and shall not
of the cable of another, and thereby cause entanglehave been known by such person to be living within
ment. In Geography, B. has much the same sense that time. 3. That of a person who, at the time
as 'bay.' of such second marriage, shall have been delivered / BIGNONIA'CEÆ, a natural order of exogenous from the bonds of the first marriage. 4. That of a plants, containing trees, shrubs, and herbaceous person whose former marriage shall have been plants, generally with compound leaves. The declared void by the sentence of any court of com- fowers are generally showy, and are among the petent jurisdiction. The third of these exceptions most striking ornaments of tropical forests. The deserves notice, in consequence of its bearing on a corolla is of one petal, generally more or less trumcurious question that arose before the passing of pet-shaped and irregular; the stamens are five in the act, and which shewed a serious conflict which number, or four, with the rudiment of a fifth, and then existed, if it does not still exist, between the unequal. The ovary is free, seated on a disk, laws of England and Scotland. The case referred to 1-2-celled; the fruit sometimes capsular, someis known among lawyers as Lolley's case : it occurred | times drupaceous; with few or many seeds. There in 1812, and may be shortly stated as follows: are about 500 known species ; which, however, are Lolley and his wife, two English persous, being tired often regarded as forming three distinct ordersof each other's conjugal society, and unable to bear Bignoniacece, Crescentiaceve, and Pedaliacece. Of these the expense of the then English ordeal, went to the Bignoniaceve are by far the most numerous, Scotland, where, after acquiring a domicile, they applied to the Scotch Consistorial Court for å divorce, which was speedily (although it is said collusively) obtained, on the ground of the husband's adultery. Relying on such sentence of the Scotch court, Lolley returned to England, where he married again. He was immediately indicted for B., tried, convicted, and sentenced to seven years' transportation, and that in the face of the Scotch decree of divorce, which he reasonably pleaded by way of defence. The point, however, was reserved for further consideration before the full court (Court of Exchequer), who, however, shortly after gave a unanimous judgment, holding that Lolley had been rightly convicted; or, in other words, that the Scotch court had no authority to dissolve an English marriage, and that the decree of divorce which Lolley had obtained, although good in Scotland, was of no force whatever in England. Many distinguished English lawyers were of opinion that the judgment of the English court was wrong, and that the Scotch divorce afforded him a complete defence. But it is to be observed that the prosecution was founded on the 1 James I. c. 11 to which we have referred, the 3d section of which only excepts from its provision persons divorced by any sentence had in the Ecclesiastical Court;' meaning, of course, the English Ecclesiastical Court; and thus some colour at least is given to the vicw taken of Lolley's case
Bignonia picta. by the Court of Exchequer. But it may well be doubted whether such a conviction could take place and are almost all tropical or subtropical, although in the face of the above third exception in the 9 a few are found in the United States of North Gen. IV., which excepts persons who shall have America. · See TRUMPET.FLOWER. They are in been divorced, not by any particular court or / many cases noble trees, and some of them afford
valuable timber, among which are Bignonia leucoxy- and woollen manufactures, colonial produce, fish, lon, a tree of Jamaica, the green or yellow wood of &c., was 85,586,888 reals (£855,868); and the value which is sometimes brought into the market under of the exports, consisting of wool, iron, fruits, oil, the name of Ebony; and the Ipe-tobacco and &c., 24,604,572 reals (£246,045). As compared with Ipe-una of Brazil, species of the same genus, the 1855, both the shipping and exports exbibited a former of which is used for ship-building, and the decrease. There are more than 200 commercial latter is accounted the hardest timber in Brazil. houses in B., among which are several German, Not a few of them are climbing shrubs, and the Bohemian, and Irish. The women here do almost tough shoots of Bignonia Cherere are used for all of the heavy porterage. B. was founded in the wicker-work in Guiana. Bignonia alliacea, a native year 1300 by Diego Lopez de Haro, under the name of the West Indies, is remarkable for its strong of Belvao, i. e., the fine fort,' and being well situalliaceous smell; the leaves of Bignonia Chica afford ated, and little disturbed by the civil wars of Spain, the red colouring matter called Chica (q. v.).—The it soon attained great prosperity. In the 15th c., it Crescentiacece chiefly abound in Mauritius and was the seat of the most authoritative commercial Madagascar. The Calabash Tree (q. v.) is the best tribunal in Spain. It suffered severely in the wars known example. The Pedaliacere are tropical or with France, first in 1795, and again in 1808, when subtropical; many of them herbaceous plants. The 1200 of its inhabitants were slaughtered in cold blood. most important is SESAMUM (q. v.). The fleshy sweet During the Carlist civil war, B. was exposed to two root of Craniolaria annua is preserved in sugar as a severe sieges. delicacy by the Creoles.
BI'LBERRY. See WHORTLEBERRY. BIHA'CH, or BICHA'CZ, one of the strongest | BI'LBILIS. an old Iberian city of Spain. about fortress-towns of Croatia, European Turkey, is situ- two miles east from the modern town of Calatayud. ated on an island in the Una, in lat. 44° 43' N., and
in the province of Saragossa, chiefly celebrated as long. 15° 53' E., near the frontier of Dalmatia. It
the birthplace of the poet Martial, but also fameil has been the scene of frequent contests during the for its hichiv tem
for its highly tempered steel blades. Quintus Turkish wars. Formerly, it was possessed of a Chris- | Metellus
| Metellus won a victory over Sertorius here; and tian church, but that has been completely destroyed B., under the Romans was a municipal town with by fanatic Mussulmans. Pop. 3000.
the surname of Augusta. Several of its coins, struck BIJANAGHU'R, meaning, it is said, the City of off during the reigns of Augustus, Tiberius, and Triumph, is a ruined city within the presidency of Caligula, are still in existence—some in the British Madras, being in lat. 15° 19' N., and long. 76° 32' E. | Museum. It stands about 40 miles to the north-west of BI'LBOES are long bars or bolts of iron, with Bellary, in a plain encumbered with granite rocks, shackles sliding on them, and a lock at one end. many of which have been rudely sculptured into a
When an offender on shipboard is put in irons,' it variety of forms. After having been for two implies that B. are fastened to him, more or less centuries the metropolis of a powerful Hindu
ponderous according to the degree of his offence. kingdom, B. was sacked and ruined by the Moham- The B. clasp the ankles in some such way as handmedans of the Deccan in 1564. Even now it pre- cuffs clasp the wrist. sents traces of its grandeur, being 8 miles in circuit, |
BI'LCOCK. See Rail. and containing many edifices, both temples and palaces, of granite.
BILDERDIJK, WILLEM, a Dutch poet and BIJBAHA'R, the largest town of Cashmere, pl.
philologist, of much repute in his day, was born at
Amsterdam, 7th September 1756. While studying next to the capital Cashmere itself. It is situated
law at Leyden, and afterwards, when practising at on the banks of the Jailum, about 25 miles to the south-east of the metropolis, being in lat. 33° 47' N.,
the Hague, he devoted himself assiduously to litera
ture and poetry. On the invasion of Holland by and long. 75° 13' E. The only particular worthy of notice is a wooden bridge across the Jailum, which,
the French, he repaired to Brunswick, and after
wards visited London, where he supported himself notwithstanding its simplicity and fragility, has endured for centuries, in consequence of the tranquil
by lecturing and teaching. In the year 1806, he
returned to Holland, where he was received as one and equable weather of the valley.
who had done his country honour; and the newly BIKH. See ACONITE.
elected king of Holland (Louis Bonaparte) appointed BI'LANDER, or BI'LANDRE, is a small two- him president of the Institute at Amsterdam, just masted merchant-vessel, distinguished from others then organised after the fashion of the one at Paris, chiefly by a peculiar shape and arrangement of the and also made him his own instructor in the Dutch main-sale. Of these vessels, which were probably language. B, afterwards resided at Leyden, and then French in origin, there are not many now remaining at Haarlem, where he died 18th December 1831. BILBA'O, a seaport town of Spain, capital of the
His contributions to poetic literature were very province of Vizcaya (Biscay), is situated in a moun. numerous; but though they contained many beauties, tain gorge on the Nervion, about 6 miles from its yet, with one or two exceptions, none of his poems mouth at Portugalete, in lat. 43° 14' N., long. 2° display any remarkable originality, or any great 56' W. B. is well built: the principal streets are wealth of imagination, With his poetical pursuits straight, and the houses substantial and imposing. The combined the theoretical study of his native Two suspension bridges, and a stone bridge of the language ; and his writings on this subject are 14th c., cross the river, which divides the old town valuable contributions to the exposition of the older from the new. There are several fine public walks, monuments of Dutch literature. numerous fountains, but no public buildings of any BILE is a fluid secreted from the blood by the note. The city is purely commercial. It has many liver. One part of it is destined to serve in the extensive rope-walks and manufactures of hardware, process of digestion; the other to be eliminated leather, hats, tobacco, and earthenware. Pop. 15,000. from the system. It is coloured yellow in man; Small vessels can navigate the river quite up to the that of graminivorous animals seems coloured by town, but large vessels have to anchor at Portugalete. the leaves they feed upon. The primary cells of The number of ships entering B. in 1856 was 379, the liver (the hepatic cells) separate the B. from with a capacity of 27,657 tons; clearing outwards, the blood of the portal vein, and discharge it 535 vessels, tonnage, 34,117. In the same year, the into small ducts, which unite to form larger onės, value of the imports, which consist chiefly of cotton and eventually the right and left hepatic ducts.
d fatty bodies, includin
The latter unite to form the common hepatic duct, s annually. It has a manufactory of cotton yarn, which is soon joined by that of the gall-bladder and two castles, an old and a new one. In its (the cystic duct). This junction forms the com- vicinity there is a remarkable isolated clinkstone mon B. duct, which pierces the second part of the rock, called Borzenberg, or Biliner Stein ; and the duodenum, and running obliquely in its wall for a Tripoli earth found at B. has been shewn by Proshort distance, opens on its mucous surface.
fessor Ehrenberg to be the remains of infusoria. The secretion of B. is constantly going on, and if Pop. about 3000. there is food in the intestine, the bile mingles with BILIOUS FEVER. See LIVER. it, and dissolves the fatty portions, preparatory
BILL, in Natural History, the hard, horny mouth to their absorption, the excrementitious portion
of birds (q. v.). It consists of two mandibles, an of the B. passing out of the body with the other
"upper and a lower, into which the upper and lower indigestible materials. When the bowel is empty,
jaws are respectively produced, all appearance of the B. ascends the cystic duct, and is stored for in
of lips being lost. It is not furnished with proper future use in a small flask-like bag (the gall-bladder)
e bag (me gallebladder) teeth, although rudiments of them have been situated under the liver.
observed in some of the parrot tribe in the fætal Should, from any cause, the elements of the B.
state, and the marginal laminæ with which the bills be in excess in the blood, or should the liver suspend
of many water-fowl are furnished, partake of the the function of secreting it, not only is digestion
same character, being secreted by distinct pulps. imperfectly performed, but the general health suffers Th
The resemblance of these marginal laminæ to teeth from the impure condition of the blood, and the
is particularly marked in the Goosander (q. v.). patient is said to be bilious. On the other hand,
The bills of birds differ much, according to their the B. may be secreted, but its escape interfered
different habits, and particularly according to the with, and then its reabsorption will produce jaun
kind of food on which they are destined to live, and dice (q. v.). Its solid portions, again, especially the
the manner in which they are to seek it. In birds cholesterine, may be in excess, solidify, and produce
of prey, the B. is strong ; the upper mandible arched biliary calculi or gall-stones (q. v.).
or hooked, and very sharp ; the edges sharp, often In chemical composition, B. is essentially a soap mo
opp notched, and the whole B., or beak, adapted for analogous to resin-soap, and as obtained from the
seizing animals, and tearing and cutting to pieces ox, contains in 100 parts,
their flesh. A powerful, short, hooked beak, sharp Water, ..
edged and notched, indicates the greatest courage Biliary and fatty bodies, including į 8:00 and adaptation to prey on living animals. The beak resinoid acids, . . .s
of the vulture is longer and weaker than that of the Mucus, .
eagle or falcon. In birds which feed on insects and Watery extract, chlorides, phos
vegetable substances, the hooked form of the B, is phates, and lactates, . s
not found, or it is in a very inferior degree ; those Soda, . . . . 0:41
birds which catch insects on the wing, such as the The soap is formed from the union of the resinoid Goat-suckers, are remarkable for the deep division acids (Glycocholic and Taurocholic Acids) with the soda. Human B. has the specific gravity of about 1026 (water = 1000), is of a ropy consistence, with a yellowish-green colour ; does not readily mix with water, but sinks therein, and only after repeated agitation becomes diffused through the water, which then assumes a frothy appearance resembling soap-suds. B. bas a bitter taste, and a very sickening musky odour. It is interesting to observe that the B. of salt-water fishes contains potash in place of soda ; although, from their being surrounded by much common salt (chloride of sodium) in the sea-water, we should naturally expect' to find soda in abundance ; and the B. of land and fresh-water animals contains soda, while, Bill of Goat-sucker (Insect-eating bird). considering diet and habitat, potash might more naturally be looked for in largest quantity. B. per- l of the B., and their consequently wide gape, and forms important functions in the animal economy, |
I economy, an analogous provision to facilitate the taking of which will be considered under NutnTION; see also
prey is to be observed in herons, kingfishers, and LIVER.
other fishing-birds ; but the object is attained in BILEDULGERI'D. See BELED-EL-JERID. their case by the elongation of the B., whereas
BILGE, sometimes spelled Bulge, is the part of birds which catch insects on the wing have the B. the bottom of a ship nearest to the keel, and always very short. Birds which feed chiefly on seeds more nearly horizontal than vertical. A ship usually have the B. short and rests on the keel and one B, when aground. The strong, for bruising them; name of bilge-water is given to any rain or sea water whilst the B. of insectiwhich trickles down to the B. or lowest part of a vorous birds is comparaship, and which, being difficult of access, becomes tively slender. Many dirty and offensive.
aquatic birds have broad BI'LGEWAYS are timbers which assist in the and comparatively soft launching of a ship; for which, see LAUNCHING.
and sensitive bills, with
| laminæ on the inner mar. BI’LIARY CA’LCULI. See GALL STONES.
gin for straining the mud Bill of Bunting BILI’MBI. See CARAMBOLA,
from which much of their (Seed-eating bird). BILI'N, a town of Bohemia, beautifully situated food is to be extracted ; in the valley of the Bila, 17 miles west of Leitmeritz, other birds, as snipes, avocets, &c., seeking their and famous for its mineral springs, the waters of food also in mud, have slender bills of remarkwhich it exports to the extent of 500,000 jars ( able sensibility. The modifications of form are
BILL-BILL OF COMPLAINT IN CHANCERY.
very numerous, and the peculiarities of the bills, their being heard in their defence. Under the of toucans, hornbills, spoonbills, crossbills, parrots, Stuarts, this extraordinary mode of proceeding in humming-birds, &c., are very interesting, and inti- parliament was seldom had recourse to in England, mately connected with the habits of the different and it has been still seldomer used since the accescreatures. (See these articles.) At the base of the sion of the House of Hanover. The Jacobite move. upper mandible, a portion of the B. is covered with ment in Scotland, after the union with that country, a membrane, called the cere (Lat. cera, wax, from was productive of several instances of parliamentary the waxy appearance which it presents in some fal- attainder, which, however, resulted merely in the cons, &c.), which in many birds is naked, in others forfeiture of the estates of the attainted parties, and is feathered, and in many is covered with hairs or these attainders were likewise unattended with the bristles. The nostrils are situated in the upper harsh, and in too many instances, capital conse-. mandible, usually in the cere, but in some birds quences, which were formerly the inevitable results they are comparatively far forward, and in some, of treason so discovered. In regard to bills of pains as puffins, they are very small, and placed so and penalties, perhaps the two most remarkable near the edge of the mandible, as not to be easily instances are those of Bishop Atterbury, in 1722 detected. They are more or less open, or covered (sce ATTERBURY), and of Queen Caroline, wife of with membrane, or protected by hairs or feathers. George IV., in 1820. Besides their principal use for seizing and dividing. The proceedings of parliament in passing bills of or triturating food, the bills of birds are employed attainder, and of pains and penalties, do not vary in a variety of functions, as dressing or preening from those adopted in regard to other bills. But the feathers, constructing nests, &c. They are also the parties who are subjected to these proceedings the principal instruments used by birds in their are admitted to defend themselves by council combats.
and witnesses before both Houses. In the best of The inouths of some fishes and reptiles assume a times, this summary power of parliament to punish character somewhat analogous to that of the B. of criminals by statute should be regarded with birds.
jealousy ; but whenever a fitting occasion arises for BILL, in its general acceptation, means a formal | its exercise, it is undoubtedly the highest form of written paper or statement of any kind ; originally, parliamentary judicature. In impeachments, the it was applied to any sealed document being derived Commons are but accusers and advocates ; while from Lat. bulla, a seal. It has a number of technical the Lords alone are judges of the crime. On the applications, for which see the articles that immedi- | other hand, in passing bills of attainder, the Comately follow.
mons commit themselves by no accusation, nor are
their powers directed against the offender; but they BILL OF ADVENTURE is a writing by a are judges of equal jurisdiction, and with the same merchant, stating that goods shipped by him, and responsibilities as the Lords ; and the accused can in his name, are the property of another, whose only be condemned by the unanimous judgment of adventure or chance the transaction is—the shipping the Crown, the Lords, and the Commons.-May's merchant, on the other hand, undertaking to account Proceedings of Parliament, 3d edition, p. 509. In to the adventurer for the produce. Generally, in passing bills of attainder, the bishops, contrary to the commercial law, an adventure may be said to be practice in capital impeachments, take part in the a speculation in goods shipped under the care of a | proceedings, and vote. supercargo, to be disposed of by him to the best | In such parliamentary attainders, the bill sets advantage, for the benefit of his employers.
out, by way of preamble, the facts and evidence on BILL OF ATTAINDER, and BILL OF PAINS which it is founded, and concludes, by way of AND PENALTIES, are bills in parliament, intro
enactment, that the accused is hereby convicted duced for penally enacting the attaint and punish- and attainted of high treason, and shall suffer the ment of persons who have criminally offended pains of death, and incur all forfeitures as a person against the state and public peace. Such a legisla- attainted of high treason.' In the case of pains and tive proceeding was had recourse to generally in penalties, again, the preamble generally assumes the times of turbulence. when either from the peculiar | facts as proved, and proceeds to enact the pains and mature of the offence, or in consequence of diffi- | penalties ; that is, the deprivations, indignities, and culties in the application of the ordinary laws, it other punishment awarded. See ATTAINDER, PAINS became necessary to resort to parliament. During AND PENALTIES, BILL IN PARLIAMENT. the reign of Henry VIII., persons of the highest BILL, or BILL OF COMPLAINT, IN rank were frequently brought to the scaffold by CHANCERY, is the formal statement in writing such means ; among whom may be mentioned the or pleading, by which a plaintiff in the Court of Earl of Surrey, the Earl of Essex, and others, who Chancery seeks its equitable redress or relief. It is suffered for denying the king's supremacy; and in the style of a petition addressed to the Lord during other reigns, both before and after that of Chancellor, Lord Kecper, or Lords Commissioners Henry VIII., these bills were more or less had for the Custody of the Great Seal, unless the seals recourse to. There were greater facilities for con- are at the time in the Queen's hands, or the chanviction by this penal legislation than by the ordinary cellor himself be the suitor, in which case, the bill judicial procedure at law ; because, while in the is addressed to the Queen herself ; for, according to latter the strict rules of legal evidence must have the theory of the Court of Chancery, it is the been observed, the inquiry under a bill of attainder, conscience of the sovereign that is there addressed. or of pains and penalties, was entirely in the The crown itself, however, may be the suitor, either hands of parliament, who might dispense at their on behalf of its own prerogatives, or of those rights pleasure with such rules and forms of law as which are under its particular protection, such as appeared inconvenient or unsuitable to the purpose the objects of a public charity, and then the matter in hand. Accordingly, in most of the cases to of complaint is submitted to the court, not by way which we have referred, the bills were passed upon of bill or petition, but of information, which the evidence which could never have been received as proceeding is accordingly technically called sufficient, or even admissible in a court of law ; In stating the plaintiff's case, the bill was forand there are even instances where parties were merly exceedingly prolix and tedious, but it has attainted, and punished, without there being any been very much simplified, and now contains merely evidence against them at all, and even without a full and distinct account of the case, the material