ex

conceptions belong to very different stages of thought, and respectively succeed each other. Any offence, it is clear, originally put the offender at feud with all, and exposed him to his victim's vengeance. The right of vengeance then became limited by the growth of fixed compositions. And lastly, in the most developed codes, the idea of punishment has intruded upon the region of composition payments. In the code of Alfred, a discrimination is made, and in ordinary cases homicides paid for according to the wergild of the slain, while in traordinary cases, such as wilful murder of a lord, the crime is to be punished by death. The bót, then, or money payment, represents the view of a misdeed which regards it as so much damage to the individual, reparable by payment at a fixed tariff. For less grave offences the amends must, by Anglo-Saxon law, be accepted. In graver offences only, if the amends be not paid or be unsatisfactory to the party injured, does he re-enter on his right of feud, under certain legal limitations. These two are the "bót-worthy" class of offences. And even in the "bót-less" offences, the king can at pleasure accept an amends in money for them; for instance, the perjurer is to have his hand cut off, but the king can allow him to redeem it at half his wergild. In case of treason against a lord, Alfred says "the king and his witan dare not grant mercy." The relation of the "bót" to the "wite" is very irregular, and indeed inexplicable. The amount of the bót itself is equally perplexing; 6s. is the amends for knocking out a front tooth, only 3s. for breaking a rib; 68. for breaking the arm, but 11s. for destroying the little finger, and 20s. for cutting off the beard. On the whole it appears that the payment was on an estimate of the part affected, and its value or appearance, the degree of the affront, and the social position of the injured party, or even that of the offender.

The

chief peculiarities of this Anglo-Saxon system compared with that of other Teutonic tribes are- (i.) the strict maintenance of rights of private property by severe treatment of theft and stringent enactments to secure bail; (ii.) the great attention paid to the privileges of the Church and the enforcement of its precepts; (iii) the rapid growth of the kingly power and its recognition as the source of justice. There are many minute variations between West-Saxon and Anglian law as to the ratios of the payments of bót.

Wilda, Das Strafrecht der Germanen; K. von Maurer, in Kritische Ueberschau, vol. iii. (the best modern treatise on the subject); Schmidt Gesetze der Angelsachsen; Thorpe, Ancient Laws and Institutes; Sharon Turner, Hist. of the Anglo-Saxons, vol. iii., Appendix T; Kemble, Saxons; Essays in Anglo-Saxon Law, Boston, 1876 (the best short account in English).

[A. L. S.]

Bothwell, FRANCIS STEWART, 2ND EARL OF, the son of John Stewart, Prior of

Coldingham (an illegitimate son of James V.), and Lady Jane Hepburn, sister of the first Earl of Bothwell, was a favourite of James VI., by whom he was created Earl of Bothwell, 1587. His life was a series of rebellions against the king, whom he attempted to seize at Holyrood, 1592—an attempt which was frustrated by the citizens of Edinburgh. The same year he made another unsuccessful attack on the king at Falkland; and in 1593 suddenly appeared at Holyrood, at the head of an armed band, to ask pardon, as he said, for his treason. In 1594 he again attacked Edinburgh, being only beaten off by the citizens; but from this time his power was broken, and he was forced to quit the country.

Bothwell, JAMes Hepburn, 4th Earl of (b. 1536, d. 1578), was Lord Warden of the Scotch Marches, as well as Lord High Admiral of Scotland, in which capacities he is said to have acted more as a marauder and a pirate than as an officer of state. In 1558 he was one of the Lords of the Articles; and in the following year distinguished himself as a partisan of the queen regent, and an opponent of Arran and the reforming lords. He was one of the nobles sent to Mary in France after the death of her husband; and in 1561 was made a member of the Privy Council. He was, however, in constant difficulties, owing to his turbulence and violence. In 1562 he was impeached for having plotted to carry off the queen, and outlawed; but in a few months he returned, and married Lady Jane Gordon, a sister of Lord Huntley, and about the same time began to find favour in the eyes of Queen Mary. From this time his life becomes closely associated with that of the queen. After Rizzio's murder, Mary fled to Dunbar Castle, of which Bothwell had the custody; and subsequently he returned with her to Edinburgh. In October, 1566, he received a visit from her when lying wounded in his castle of Hermitage; and after he had compassed the murder of Darnley, 1567, he was in constant attendance on Mary at Seton. An attempt on the part of Lennox to bring the murderer of his son to justice ended in Bothwell's acquittal, owing to the non-appearance of the accuser, and brought him fresh proofs of the queen's regard in the shape of large grants of land. In 1567 he carried off Mary as she was going from Stirling to Edinburgh, probably with her own connivance, and, having obtained a divorce from his wife, married the queen, May 15, 1567. Shortly afterwards a combination of the leading barons of Scotland forced Bothwell, who previous to his marriage had been made Duke of Orkney and Shetland, to fly to Borthwick Castle, and thence to Dunbar. On the queen's surrender to Kirkcaldy, after the conference at Carberry Hill, Bothwell had to escape as best he could

to the Orkneys.

Pursued thither, and driven to sea, he was arrested by a Danish war-ship off the coast of Norway, on suspicion of piracy, and conveyed to Denmark. There he was imprisoned by Christian IX., first at Malmoe (1567-1573), then at Dragsholm (1573-1578); but the king refused the demands of the Scottish government for his extradition or execution. The so-called "Testament" he is said to have drawn up during this period, is probably a forgery. Bothwell was, as Randolph said of him, "despiteful out of measure, false and untrue as a devil;" and it is not the least extraordinary feature in Mary's career that she should have conceived any affection for this brutal, ferocious, and unscrupulous border chief.

F. E. Schiern, Life of Bothwell; trans. by D. Berry, 1880.

Bothwell Bridge, THE BATTLE OF (June 22, 1679), was fought between the Royalist troops, commanded by the Duke of Monmouth, and the forces of the revolted Conventiclers, or Covenanters. The insurgents occupied a strong position, with the Clyde between them and the enemy; but, as they attempted to defend instead of destroying a bridge, Monmouth cleared the passage of the river by his artillery. The insurgents were forced to retire to a hill near by, known as Hamilton Heath, where they were attacked by the Royal troops and completely routed. Bothwell Bridge is in Lanarkshire, near Hamilton.

Bottle Plot, THE (1823). This name was given by Canning to a riot in a Dublin theatre, got up by the Orangemen, when a rattle and a bottle were thrown into the box of Lord Wellesley, the then LordLieutenant, who was supposed to favour the Catholics. The grand jury threw out the bill for conspiracy with intent to murder which was brought in against those arrested.

Boulogne, CAPTURE OF (1544). This event, the one important result of the combination of Henry VIII. and Charles V. for the subjugation of France in 1544, took place September 14, 1544, after a protracted siege of nearly two months. According to the original plan of the campaign, Charles was to strike across France by Champagne, Henry by Picardy, and neither was to stop till he reached Paris, where, in their united might, they were to dispose of the French monarchy. The first thing, however, that Henry did was to sit down with the bulk of his army before Boulogne ; and when Charles reproached him for not adhering to the method of invasion determined upon between them, Henry retaliated by accusing Charles of a similar breach of their contract. The siege of Boulogne is principally memorable for the length of the

resistance made by the garrison under the disadvantageous circumstances of weak fortifications, and besiegers strong in numbers and offensive engines. So great, indeed, was the gallantry displayed on this occasion by the men of Boulogne, that when the fall of the town was clearly an event of a few days only, they were allowed, on the capitulation of the town, to march out with their arms and property; whereupon, according to Hall's Chronicle, "the king's highness, having the sword borne naked before him by the Lord Marquis Dorset, like a noble and valiant conqueror, rode into the town, and all the trumpeters, standing on the walls of the town, sounded their trumpets at the time of his entering, to the great comfort of all the king's true subjects.' The town remained in the hands of the English till 1550, and was restored to the French on the conclusion of peace.

Boulter, HUGH (b. 1671, d. 1742), Archbishop of Armagh, studied at Merchant Taylors' School, and was elected a demy of Magdalen at the same time as Addison. He was subsequently chaplain to Sir Charles Hedges, and rector of St. Olave's, Southwark. In 1719 he was consecrated Bishop of Bristol, and in 1724 elevated to the archbishopric of Armagh and the Irish primacy. He took an active share in the political affairs of Ireland, was strongly opposed to Swift on the policy of diminishing the gold coin, though he concurred with him on the question of Wood's patent, and was one of the chief promoters of the system of Protestant Charter Schools. He founded many charities in Armagh, Drogheda, and elsewhere, and was no less than thirteen times appointed one of the Lords Justices of Ireland.

Biographia Britannica.

Bounty, QUEEN ANNE'S. [QUEEN ANNE'S BOUNTY.]

Bourchier, FAMILY OF. The founder of this family was Sir John de Bourchier, Justice of the King's Bench in the reign of Edward II. His son Robert became Lord Chancellor in 1340 (the first layman who held the office), was summoned to Parliament as a baron in 1342, and died 1349. The barony devolved on Henry Bourchier, Count of Eu, grandson of his younger son. He was created Earl of Essex 1461, and was succeeded by his grandson Henry, upon whose death the peerage became extinct.

Bourchier, THOMAS (d. 1486), Archbishop of Canterbury (1454-1486), was the son of William Bourchier, Count of Eu, by Anne, daughter of Thomas of Woodstock, Duke of Gloucester. After holding minor preferments, he was elected Bishop of Worcester in 1435, and was translated to Ely in 1443. On the death of Archbishop Kempe,

the Council, at the request of the Commons prayed that the Pope would confer the primacy on Bourchier. Accordingly, he was appointed Archbishop of Canterbury in 1454. In 1455 he was made Chancellor, and held the Great Seal for eighteen months, both Yorkists and Lancastrians being anxious to conciliate a member of so powerful a family. Bourchier was at first inclined to act as a mediator between the contending factions, but subsequently became a distinct partisan of the Duke of York. He welcomed the return of the Yorkist leaders in 1460, and crowned Edward IV. in the next year. In 1464 he was made a cardinal. He crowned Richard III., and two years after performed the same office for Henry VII. He was a patron of learning, and instrumental in introducing printing into England, and left a reputation for personal generosity and kindness.

Hook, Lives of the Archbishops.

Bouvines, THE BATTLE OF (July, 1214), was fought at a small town between Lille and Tournay, between Philip Angustus of France and the forces of the Emperor Otto IV., with the Flemings and some English auxiliaries, under William, Earl of Salisbury. John had joined the alliance for the purpose of gaining the assistance of the Germans and Flanders in the war he was carrying on with Philip for the recovery of his French territories. The battle (in which the forces engaged on both sides would appear to have been very large) terminated in a signal victory for the French. The defeat consummated the separation of Normandy from England, and by depriving John of further hopes of being able to rely on his Continental dominions, as well as by the loss of prestige it occasioned him, had some effect in compelling him to submit to the demands of the barons. The battle is memorable as being one of the few occasions in which men of English, High-German, and Low German race have fought side by side against the French and have been completely defeated.

Roger of Wendover, iii. 287 (Eng. Hist. Soc.). See Freeman, Norm. Cong., v. 706, who speaks of it as "that day of darkness and gloom when three branches of the Teutonic race, the German, the Fleming, and the Englishman, sank before the arms of men of the hostile blood and speech." In Sismondi, Hist. des Français, vi. 424, a somewhat different view is taken.

Bowes, SIR ROBERT, was a distinguished soldier, diplomatist, and lawyer in the reigns of Henry VIII., Edward VI., and Mary. In the great Northern rebellion of 1536, he was among the prisoners captured at the surrender of Hull to the rebel forces. In 1542, whilst in command of a body of 3,000 cavalry, he was defeated and taken prisoner at Halydonrigg by a Scottish force under the Earl of Huntley; and on the termination of hostilities between the two countries, became Warden of the East and Middle Marches.

During the exercise of this office he compiled his Informations on the state of the Marches, and their laws and customs-a work full of curious and interesting details. In June, 1552, he was made Master of the Rolls, a position which just then was environed with dangers. As Master of the Rolls, Sir Robert Bowes was one of the witnesses to the will of King Edward VI., which fixed the succession to the crown on Lady Jane Grey. He retired from his office two months after Mary's accession to the throne, and during the remainder of his life he occupied himself with his old duties on the Scottish border. The precise year of his death is uncertain.

Boycotting was the name applied to the system of social and commercial ostracism which was extensively resorted to in Ireland during the land agitation of 1880 and 1881. Landlords who were disliked by their tenants, tenants who had paid rents to unpopular landlords, and other persons who incurred the hostility of the local branches of the Land League, were rigidly isolated. No intercourse was held with them, and no one could be got to work for them, or even to supply them with the necessaries of life.

The name was derived from Captain Boycott, of Lough Mask House, a Mayo land ord and agent, one of the first against whom the process was put in force. Capt. Boycott was "relieved" by a number of Orangemen, escorted by a large military and police force, Nov. 11, 1880.

Boyle, CHARLES, 1ST LORD (b. 1676, d. 1731), second son of Roger, Earl of Orrery, while an undergraduate at Oxford, took part in the controversy with Bentley on the letters of Phalaris. In 1700 he entered Parliament as member for Huntingdon, and in 1703 succeeded to the Irish peerage of Orrery. In 1709 he fought at Malplaquet, and in 1713 was Envoy Extraordinary to the States of Brabant and Flanders, and on his return

received an English peerage. He was 8 favourite of George I., but in 1722 was committed to the Tower on a charge of being concerned in Layer's Plot, of which, however, he was acquitted. His later years were devoted to philosophical studies.

Boyne, THE BATTLE OF THE (July 1, 1690), was fought between the troops of William III. and the Irish under James II. James, marching from Dublin, had taken up a position behind the river Boyne, and there waited for the invading army. His position was strong, and Schomberg endeavoured to dissuade William from the attack. Early in the morning, however, the English right, under young Schomberg, was sent to cross the river by the bridge of Slane, some miles higher up, and thus turn the Irish right. The bridge was captured. Four miles to the south of the Boyne the road to Dublin runs through the passage of Dulcek. If Schomberg secured this pass the Irish retreat would be cut off. Langon, commander

of the French allies, marched to oppose him. Thus the Irish alone were left to withstand William. At the head of his left wing, consisting entirely of cavalry, he forced the passage of the river not far above Drogheda. The centre of his army was commanded by the elder Schomberg. The Irish infantry fled without a blow; the cavalry under Richard Hamilton fought bravely on. The gallant Schomberg fell while rallying his troops. But at this moment William came up with his left wing, and the battle was won. The Irish cavalry retreated slowly, fighting to the last; their leader, Hamilton, was taken prisoner. James fled early in the day towards Dublin. The fugitives poured through the passage of Duleek, where the French had steadily resisted Meinhart Schomberg's attack. Considering the great importance of the victory, the loss on either side was not great. About 500 English had fallen, and 1,500 Irish.

A striking and detailed account of the battle is given in Macaulay's History.

Boy-Patriots was a name given by their enemies to a body of young and rising men who formed part of the Opposition to Sir Robert Walpole's administration, but who coalesced neither with the Tories nor with the malcontent Whigs. The chief members of this party were Lyttleton, George Grenville, Lord Cobham, and, above all, William Pitt.

Bracton, HENRY (d. 1268), the writer of a valuable commentary on the laws of England, was educated at Oxford, and devoted himself to the study of law. In 1245 he was appointed one of the judges errant, and later on was one of the king's clerks or secretaries. He is supposed to have become an ecclesiastic towards the close of his life, and to have been Archdeacon of Barnstaple. His work, entitled De Legibus et Consuetudinibus Angliæ, is our great authority for mediaval English law. An excellent edition is published in the Rolls Series (1878, &c.), with a Translation, Notes, References to Glanville, &c., and Introductions by Sir Travers Twiss. The editor suggests that "the immediate object which Bracton had in view in composing his work, was to draw up a manual of the common law of England for the use and instruction of the Justiciaries of the Eyre.'

See Sir Travers Twiss's Introductions; Reeves, Hist. of Eng. Law; Güterbock, Henricus de Bracton und sein Verhältniss zum Römiselen Rechte, 1862.

Braddock Down, situated between Liskeard and Bodmin, in Cornwall, was the scene of a battle during the Civil War. Here, on Jan. 19, 1643, the Royalist officers, Sir Ralph Hopton and Sir Bevil Grenville, coming from Bodmin, encountered and defeated the commander of the garrison of Plymouth, Ruthven, who, without waiting for the sup

port of his superior officer, the Earl of Stamford, had crossed the Tamar and occupied Liskeard. The result of the battle was that the Cornishmen resumed the offensive, drove back Stamford and his forces, and carried by assault Saltash and Okehampton.

There is a full account of the battle in a letter of Sir Bevil Grenville, printed in Forster's Life of Pym. See also Clarendon's Hist. of the Kebellion, vi. 248.

Braddock, GENERAL. [DUQUESNE, FORT.]

Bradshaw, JOHN (b. 1602, d. 1659), was a barrister, but was very little known, either as a lawyer or a politician, when, in 1648, he was made President of the High Court of Justice, instituted to try Charles I. The reason for his appointment seems to have been the refusal of all the leading lawyers to serve on the trial, and the necessity of having some one possessed of legal knowledge as the president. For his services he was given the house of the Dean of Westminster, the sum of £5,000, and large grants of land, and made Chancellor of the Duchy of Lancaster. He subsequently presided at the trials of the Duke of Hamilton and other Royalists, and was President of the Councils of State from 1649 to 1651. He was a member of the Parliament of 1654, and was probably one of those excluded for refusing to sign the engagement recognising Cromwell's authority.

In 1659 he was made one of the Council of State, and shortly afterwards a commissioner of the Great Seal; but he died before the end of the year. He was one of those who were styled "stiff Republicans," or "Commonwealth's men," and was sincerely opposed to the government of one person, whether king or protector; but he does not appear to have been a man of any marked ability. After the Restoration his body was disinterred and hung in chains at Tyburn.

Bradwardine, THOMAS (b. circa 1290, d. 1349), a native of Chichester, educated at Merton College, Oxford, was one of the most celebrated of the scholastic philosophers, and was known by the title of Doctor Profundus. He became Chancellor of the university, Professor of Divinity, and subsequently chaplain to Edward III. In 1349 he was appointed to the archbishopric of Canterbury, but within a few weeks of his consecration he was carried off by the Black Death.

Bradwardine's great work, De Causa Dei, was printed in 1618 (Lond., folio). His other works were chiefly mathematical.

Braemar Gathering, THE (Aug. 26, 1715), was the name given to the great assembly of disaffected nobles and Highland chiefs which met ostensibly for the purpose of a hunting in the Earl of Mar's forest of Braemar, but in reality to organise measures for raising the standard of insurrection in favour of the Pretender, which was done soon afterwards (Sept. 6). Among those at

the Braemar gathering were the Earl of Mar, the Marquis of Tullibardine, Lords Southesk, Errol, Kilsyth, Kenmure, Strathallan, Seaforth, and Glengary.

Braintree Case, THE. In 1837 the majority of the vestry of Braintree postponed a Church rate for twelve months; the churchwardens, however, proceeded to levy it on their own authority. A prohibition of the Court of Queen's Bench restrained them. It was suggested, however, that the churchwardens and the minority of the vestry might legally levy a rate, as it might be argued that the votes of the majority who refused to perform their duty were not valid. The churchwardens and the minority of the vestry voted a rate accordingly (July, 1841). On the matter being once more brought before the Court of Queen's Bench, that tribunal now declared the rate valid. The decision was affirmed by the Court of Exchequer Chamber,, but upset on appeal by the House of Lords, which pronounced the rate invalid, and altogether denied the right of the minority of the parishioners to levy it. It was such cases as this that led to the Act 31 & 32 Vict., cap. 109, which abolished compulsory Church rates, because "the levying thereof has given rise to litigation and ill-feeling."

May, Const. Hist.. ii. 430. See the case of Gosling v. Veley in Queen's Bench Rep., vii. 409; and House of Lords Cases, iv. 679.

Bramham Moor, THE BATTLE OF (1408), was fought between the Earl of Northumberland, and the other nobles who had revolted against Henry IV., and the royal troops, under Sir Thomas Rokeby. The latter were completely victorious, Northumberland being killed on the field, and his chief associate, Lord Bardolf, mortally wounded. Bramham Moor is in Yorkshire, between Leeds and Tadcaster.

At

Brandywine, THE BATTLE OF (Sept. 11, 1777), in the American War of Independence, was fought on the shores of Brandywine Creek, about fifty miles from Philadelphia, and ended in the defeat of the Americans, under Washington. General Howe had landed 18,000 men near the Brandywine. Washington had only 8,000 troops fit for action. For some days he baffled General Howe's attempts to drive him back. length the two armies encountered one another. While Howe and Cornwallis made a flank movement with the greater part of their forces, Washington resolved on a bold attack on the British in his front. To render such an attack successful, the co-operation of Sullivan was necessary. But that general, using his own discretion instead of obeying orders, laid himself open to an attack while his troops were in confusion. The rout of Sullivan's troops threw the rest of the American army into confusion, and soon they

were everywhere in retreat. The American loss was set down by Howe at 300 killed, 600 wounded, and 400 prisoners, as against 90 killed and 500 wounded and missing on the English side. Washington made good his retreat; but he had to abandon the idea of saving Philadelphia when he found that Cornwallis had forced his way between his camp and that town.

Bancroft, Hist. of the United States, v., chap. xxiii.

Brantingham Roll is the name given to the Issue Roll of the Exchequer for the forty-fourth year of Edward III., when Thomas of Brantingham, Bishop of Exeter, was Treasurer, containing an account of the various payments made during the year. It was discovered in the office of Pells, and published in 1835, with a general introduction on the character of the Exchequer Records by Mr. Frederick Devon.

Braose, WILLIAM DE (d. circa 1212), was one of the most powerful barons in England, and received from Henry II., in 1177, the grant of the whole kingdom of Limerick. He was one of the itinerant justices in Richard I.'s reign, but fell out of favour with John, who in 1210 stripped him of all his possessions, and, it is said, starved his wife and son to death in Windsor Castle. De Braose himself escaped to France, where he died shortly afterwards. His youngest son Reginald received back a great part of his father's possessions, but, dying without heirs in 1229, the family became extinct.

Foss, Judges of Eng.

Bray, SIR REGINALD (d. 1503), was one of Henry VII.'s most trusted counsellors. Together with the Lord Treasurer he was the king's messenger in 1485 to the city of London to ask the citizens for a loan of 6,000 marks, obtaining, after much negotiation, the considerably smaller sum of £2,000. He was the object of special hatred to the Cornish rebels of 1497 as being the instrument of Henry's extortion.

Bread Riots (1816). The cessation of the great war, which caused many farms to be thrown out of cultivation, and the failure of the harvest, occasioned severe distress and riots in all parts of England, especially in the eastern counties. Declaring that the farmers had conspired to raise the price of bread, the mob set farm buildings on fire, demanded that wheat should be sold cheap, and in several places broke into the bakers' shops. The riots were suppressed by military force, and the rioters tried by a special commission. There were also occasional riots caused by famine during the Chartist movement. The most dangerous were those of 1842, in Yorkshire and Lancashire.

Spencer Walpole, Hist. of Eng., i., chap. v.