children, it came to those of the legatees | who had children. If there were no such claimants, the Caducum came to the public treasury (aerarium). But by a constitution of the Emperor Antoninus Caracalla, the Caducum came to the Fiscus or Imperial treasury, instead of the public treasury; the rights of children and parents, however, were reserved. (Ulpian, Frag. xvii. tit.) An unmarried man who had attained the age of sixty, and an unmarried woman who had attained the age of fifty, were not subjected to the penalties of the Lex Julia et Papia Poppea as to celibacy, but a Senatusconsultum Pernicianum (Persicianum), passed in the time of Tiberius, extended the penalties to unmarried persons of both sexes who were above sixty and fifty years old respectively, and it made them for ever subject to the incapacities. However, a Senatus-consultum Claudianum, passed in the time of Claudius, mitigated the severity of the Pernicianum, in case a man married above the age of sixty, provided he married a woman under fifty, for the Roman law considered a woman under fifty as still capable of procreation. (Ulpian, Frag. xvi. tit.; Suetonius, Claudius, c. 23.)

The Lex Julia et Papia Poppea also imposed incapacities on orbi, that is, married persons who had no children from the age of twenty-five to sixty for a man, and twenty to fifty for a woman. Childless persons who came within the terms of the Lex lost one half of any hereditas or legacy; and what they could not take became Caducum. The Lex also gave direct advantages to persons who had children, which subject belongs to the head of MARRIAGE, as well as the history of its enactment. The original object of this Roman law was perhaps only to encourage marriage, but it was afterwards used as a means of raising revenue.

In the preceding exposition of the Lex Julia et Papia Poppaa, it has been asmed that the provisions above enumeted applied both to males and females. The word caelebs, indeed, seems to be applied only to males, and the Latin term or an unmarried woman is Vidua, which eans any woman who has not a husand. But the expression of Ulpian

(xvi. tit. 3), "Qui intra sexagesimum veľ quae intra quinquagesimum annum neutri legi (the Julia, or Papia Poppaa) paruerit," &c., shows that the provisions applied both to males and females. The word caelebs would not be used in the enactments of the Lex, but the phrase would be "Qui Quaeve," &c. That the Lex applied to women also, appears from other evidence. (Cod. viii. tit. 57.) Under the Republic there were also penalties on celibacy, and legal inducements to marriage, which are mentioned in the speech which Dion Cassius (Ivi. 57) puts into the mouth of Augustus. The censors also are said to have had the power of imposing a penalty called Aes Uxorium, wife-money, on men who were unmarried. (Festus, v. "Uxorium.") It was always a part of the Roman policy to encourage the procreation of children; the object of the English law imposing extraordinary payments on bachelors, and relieving to a certain extent married persons with children, was apparently to raise money, though a certain vague notion that marriage should be encouraged seems also to have occurred to the lawmaker. A constitution of Constantine (Cod. viii. tit. 58) relieved both unmarried men and women from the penalties imposed on caelibes and orbi, and placed them on the same footing as married persons. This change was made to favour the Christians, many of whom abstained from marriage from religious. motives.

Not only bachelors, but widowers have been unequally taxed in this country; and there is more than one instance within the last sixty years, in which persons have been favoured by special exemptions, or have been charged less on account of the number of their children. In 1695 an act was passed (6 & 7 Will. III. c. 6) entitled "An Act for granting to his Majesty certain rates and duties upon marriages, births, and burials, and upon bachelors and widowers, for the term of five years, for carrying on the war against France with vigour.' Bachelors above the age of twenty-five, and widowers without children, paid one shilling yearly, and further according to their rank.

Thus for a bachelor duke the tax was 12/., and other ranks in proportion. An esquire was charged thirty-five shillings a-year, and a person of the rank of gentleman five shillings. Persons possessed of real estate of 50l. a-year, or personal property of 600l. value, paid five shillings. A supplementary act was passed two or three years afterwards (9 Will. III. c. 32), to prevent frauds in the collection of the taxes imposed by the former act, but the tax was allowed to expire in 1706. In 1785, when Mr. Pitt proposed a tax on female servants, he exempted persons who kept only one servant, and who had two or more lawful children or grandchildren under the age of fourteen living in the house with them. But to make up for the deficiency he proposed that the tax on servants should be higher for bachelors than for others; and he stated that the idea of this tax was borrowed from Mr. Fox. (25 Geo. III. c. 43.) This differential rate has been continued to the present time, and the number of servants charged at the higher rate in 1842 was 11,831, or rather more than one-tenth of the whole number charged. Roman Catholic clergymen are exempt from additional duty. When the income tax was imposed by Mr. Pitt, in 1798, deductions were allowed on account of children, and an abatement was made of 5l. per cent. to a person with children, when the income was above 60l. and under 400l.; and other rates of abatement were allowed according to the amount of income and the number of children; this indulgence extended to incomes of 5000l. a-year and upwards.

There does not appear to be a tax on bachelors in any country in Europe. In the city of Frankfort an income tax is paid by journeymen who work in the city, "if they are foreigners and not mar

ried."

BAILIFF signifies a keeper or superintendent, and is directly derived from the French word bailli, which appears to come from ballivus, and that from bagalus, a Latin word signifying generally a governor, tutor, or superintendent, and also designating an officer at Constantinople who had the education and care of the Greek emperor's sons. (Du cange,

Glossary.) The word Baiolus, which seems to be the same as Bagalus, is used by the Roman classical writers to signify a porter, one who carries any burden on his back. (Facciolati, Lex.) The French word Bailli is thus explained by Richelet (Dictionnaire, &c.): "Bailli [Praetor Peregrinus]. He who in a province has the superintendence of jus tice, who is the ordinary judge of the nobles, who is their head for the ban and arrière ban, and who maintains the right and property of others against those who attack them. Messieurs of the Aca démie write the word with an f, Bailif." Richelet also mentions two classes of Baillis in the order of Malta. All the various officers who are called by this name, though differing as to the nature of their employments, seem to have some kind of superintendence intrusted to them by their superior. The sheriff is called the King's bailiff, and his county is his bailiwick. The keeper of Dover Castle is called the bailiff; and the chief magis trates of many ancient corporations in England had this name. Amongst the principal officers of corporate towns to which the inquiries of the Corporation Commissioners extended in 1835, there were 120 officers called bailiffs, and 48 inferior officers with the same designation besides 29 water-bailiffs. But the chie functionaries to whom the name is applied in England are the bailiffs of sherif the bailiffs of liberties or franchises, and the bailiffs of lords of manors.

1. Bailiffs of Sheriff's were anciently appointed in every hundred, to execute all process directed to the sheriff, to col lect the King's fines and fee-farm rents, and to attend the justices of assize and jail delivery: they are called in the old books bailiffs errant. There is now certain number of bailiffs appointed by the sheriff in his county or bailiwick, who are commonly called bound_bailiff», from their entering into a bond to t sheriff in a considerable penalty for the due and proper execution of all proce which the sheriff intrusts to them to exe – cute, whether against the person or the goods of individuals. These are call common bailiffs; but the sheriff may an often does, at the request of the suitor or

otherwise, intrust the execution of process to a person named merely for the occasion, who is called a special bailiff. The bailiff derives his authority from a warrant under the hand and seal of the sheriff: and he cannot lawfully arrest a party till he receives such warrant. It is a contempt of the court from which process issues, to hinder the bailiff in execating it; and when a party is taken by the bailiff, he is legally in the custody of the sheriff. An arrest may be made by the bailiff's follower; but the bailiff must in such case be at hand and acting in the arrest. The bailiff is forbidden by the Lord's Day Act, 29 Car. II. c. 7, to execute process on Sunday; and he is not authorized to break open an outer door to make an arrest under civil process, or to seize goods; but if the outer door is open, he may, in general, break open inner doors in execution of the process. If a bailiff misdemean himself grossly in the execution of process, as if he use unne cessary violence or force, or extort money from prisoners, or embezzle money levied, he will be punished by attach ment from the court from whence the process issues.

2. The bailiff of a franchise or liberty is one who has the same authority granted to him by the lord of a liberty as the sheriff's bailiff anciently had by the sheriff. These liberties are exclusive jurisdictions, which still exist in some parts of the kingdom (as the honour of Pontefract, in Yorkshire, the liberty of Gower in Gloucestershire and adjoining counties), in which the King's writ could not formerly be executed by the sheriff, but only by the lord of the franchise or his bailiff. These districts proving inConvenient, the statute of Westminster the 2nd., c. 29, provided, that if the bailiff, when commanded to execute a writ within the franchise, gave no answer, a writ, with a clause of non omittas, should issue, authorizing and commanding the sheriff himself to enter the franchise and execute the writ; and it is now the prac tice in every case to insert this clause in the writ in the first instance, which enables the sheriff at once to execute it in the franchise. If, however, the party who sues out the writ neglects to insert

this clause, the sheriff is not bound to enter the franchise; though if he do enter it, the execution will not be invalid: but if a sheriff's bailiff, in executing such a writ within a franchise, is resisted by the party to be taken, and is killed, it is not murder; for the bailiff is committing a trespass in consequence of the clause of non omittas not being inserted in the writ.

3. Bailiffs of manors are stewards or agents appointed by the lord (generally by an authority under seal) to superintend the manor; collect fines and quit rents; inspect the buildings; order repairs, cut down trees; impound cattle trespassing; take an account of wastes, spoils, and misdemeanors in the woods and demesne lands; and do other acts for the lord's interest. Such a bailiff can bind his lord by acts which are for his benefit, but not by such as are to his prejudice, without the lord's special authority.

An act was passed in 1844 for regulating the bailiffs of inferior courts (7 & 8 Vict. c. 19), the preamble of which states that-"whereas courts are holden in and for sundry counties, hundreds and wapentakes, honours, manors, and other lordships, liberties and franchises, having, by custom or charter, jurisdiction for the recovery of debts and da mages in personal actions, and in many places great extortion is practised under colour of the process of such courts:" and it is then enacted that bailiffs are to be appointed by the judge of the court; and remedies are adopted to prevent misconduct on the part of such bailiffs.

(Bacon's Abridgment, tit. "Bailiff," 7th ed.; Tomline's Law Dictionary, same title.)

BÁILIWICK, from the French bailli, and the Saxon wic, the dwellingplace, or district of the bailiff, signifies either a county which is the bailiwick of the sheriff, as bailiff of the king, and within which his jurisdiction and his authority to execute process extend; or it signifies the particular liberty or franchise of some lord who has an exclusive authority within its limits to act as the sheriff does within the county. The corresponding French word is Bailliage. [BAILIFF SHERIFF.]

BAILLIAGE, a French term equivalent with bailiwick, a district or portion of territory under the jurisdiction of an officer called a bailiff. This term was more especially appropriated to certain sub-governments of Switzerland, which at the time Coxe wrote his travels were of two sorts: the one consisting of certain districts into which all the aristocratical cantons were divided, and over which a particular officer called a bailiff was appointed by the government, to which he was accountable for his administration; the other composed of territories which did not belong to the cantons, but were subject to two or more of them, who by turns appointed a bailiff. The officer of this last sort of bailliage, when not restrained by the peculiar privileges of certain districts, had the care of the police, and under certain limitations the jurisdiction in civil and criminal causes. He also enjoyed a stated revenue, arising in different places from various duties and taxes. În case of exaction or maladministration an appeal lay to the cantons to which the particular bailliage belonged. (Coxe's Trav. in Switz. 4to. Lond. 1774, vol. i. p. 30.) These latter bailliages anciently formed part of the Milanese. Their names were-Mendrisio, Balerna, Locarno, Lugano, and ValMaggia. Uri, Schweitz, and Underwalden possessed the three bailliages, Bellinzona, Riviera, and Val-Brenna, all which had also been dismembered from the Milanese. The chief of these bailliages were ceded to the cantons, in 1512, by Maximilian Sforza, who was raised to the ducal throne by the Swiss, after they had expelled the troops of Louis XII. and taken possession of the duchy. Francis I., successor of Louis, having recovered the Milanese, and secured his conquest by the victory of Marignano, purchased the friendship of the cantons by confirming their right to the ceded territory; a right which the subsequent dukes of Milan were too prudent to dispute. They were finally confirmed by the house of Austria. (Ibid. vol. ii. pp. 170, 418.) In 1727 the Italian bailiwicks were surrendered, with the cantons of Switzerland, to the French. (Planta's Hist. of the Helvet. Confederacy, 8vo. edit. vol. iii. p. 380.)

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In 1802, when Bonaparte, as First Consul of France, remodelled the constitution of Switzerland, and increased the ancient number of its cantons to eighteen, that of Tessin was formed out of the Italian bailiwicks; an arrangement which was afterwards confirmed by the treaty o Paris, 30th of May, 1814, and recognised in the Helvetic Diet of 19th of March, 1815. (See the Moniteur for the 20th of February, 1803, and 22nd of May, 1815.)

BALANCE OF POWER. The notion upon which this phrase is founded appears to be the following:-When a number of separate and sovereign states have grown up beside each other, the entire system which they constitute may be conceived to be evenly balanced, so long as no single state is in a condition to interfere with the independence of any the rest.

But as in such a system of states there are generally a few which may be con sidered as leading powers, it is by these being made to counterpoise each other that the balance is principally maintained. It is in this way only that the safety of the smaller states can be secured. Thus, in the ancient world, after the destruction of Carthage, there was no power strong enough to cope with Rome; and the consequence was, that the countries that yet remained sovereign powers successively fell under her dominion.

The subjugation of nearly the whole of India by Great Britain, and the establishment of the late widely-extended empire of France on the continent Europe, may be quoted as other examples of the effect that results from the destruction of what is termed the balance of power.

On the contrary, so long as the power of one great state (however far surpassing in extent of territory, or other resources of strength and influence, many of those in its neighbourhood) can be kept check, or, in other words, balanced by that of another, the independence of the smaller states is secured against both Neither will be disposed to allow its rival to add to its power by the quest or absorption of any of these minor and otherwise defenceless members of