957 



BARRICADE. 



BARRISTER. 



95S 



expensive operations, it is folly to expect this to be done by labour 

 alone, without considerable capital ; and neither the judicious managers 

 of public funds nor prudent speculators on their own account will 

 venture to lay out much capital on the chance and with the hope that 

 a naturally indolent and idle class of men shall make it productive 

 either to themselves or those who have advanced the funds. 



A portion of good land, let at a fair rent to a poor family, with a 

 little pecuniary assistance at first, in the purchase of a cow or pigs, 

 and provisions, until the land produces food for the family, to be 

 repaid by instalments, will occasion much less expense, and will in 

 general be attended with less loss and fewer casualties than the 

 improvement of poor sands and heaths, however judicious may be the 

 management ; and the ground converted into a garden will increase 

 much more rapidly in value, than an equal quantity, originally worth 

 nothing, can ever be made worth by three times the labour bestowed. 

 Let the rich then be the improvers of wastes, and the poor lay put 

 their surplus labour on more grateful soils. 



It is near increasing manufactories, where land acquires a greater 

 value, that barren land is soon converted into fertile fields. It is 

 there, also, that the improvement of waste lands is most profitable, 

 and the neighbourhoods of Aberdeen, Birmingham, Manchester, and 

 Sheffield, among many others, furnish examples of the greatest 

 industry and perseverance in overcoming the natural barrenness of the 

 soil. Even Chat Moss, between Liverpool and Manchester, which was 

 a few years back nothing but a quaking body of peat to a great depth, 

 is covered with green fields and farm buildings. 



BARRICADE. A military term, derived most probably from the 

 verb to bar its origin has been attributed to the French word barnquS, 

 in allusion to the defences of the streets of Paris during the disturbances 

 of the League, &c. It is applied either to the temporary obstruction 

 to attack, made by the occupation and conversion of buildings into 

 defensive posts in the field, or to the defences thrown up by either 

 party during insurrectionary movements in towns, or occasionally to 

 the barriers [BARRIER] which close the entrances of a fortress. 



When of a permanent character, barricades are made with heavy 

 pales or stakes, shod with iron. [STOCKADE.] Those of a temporary 

 nature are constructed of anything that may happen to be at hand ; 

 carts and waggons, with their wheels taken off and filled with stones, 

 baskets full of earth, trees, furniture, woolpacks, bales of cotton, have 

 all been used. In Paris where, during the revolutionary outbreaks, 

 barricades have played a most important part, the pavement of the 

 street has generally furnished the material for them. The present 

 Emperor of the French has had the whole of the pavement removed 

 from the Boulevards and principal thoroughfares of Paris, the road- 

 ways macadamised, and the footpaths laid down in asphalte. Some 

 years ago, in making arrangements for defence, in Ireland, moveable 

 portions of palisading were constructed, which could be carried to any 

 place where a barricade was required, put up in a few minutes, and 

 made musket proof by a wall of sandbags on the inside. 



(See Royal fenyineer's Aide-Mgrnoire, art. ' Barricade.') 



BARRIER, from the verb to bar, in a general sense, means any 

 piece of wood-work or other construction which presents an obstacle 

 to passing through the place where it is fixed : hence it comes to 

 signify a fortification, or strong place, on the frontiers of a country. 

 Thus we used formerly to speak of the barrier-fortresses of Flanders. 

 It is likewise a kind of fence composed of stakes and transoms, or 

 athwart rafters, erected to defend the entrance of a fortress or intrench- 

 ment, which, when musket proof, is called a stockade [STOCKADE], when 

 simply obstructive, a palisade. In the middle of the barrier there is 

 generally a very strong gate made of vertical wooden bars, about five 

 feet long, kept together by two long bars across, and another diagonally. 

 In field works the barrier is made of the strongest material procurable, 

 but in permanent fortifications it is generally made with stockades 

 and a heavy gate such as that described above. (Royal Engineer's Aide- 

 Sftmoire, art. ' Barrier and Gate.') 



BARRIER TREATY. [TREATIES, CHRONOLOGICAL TABLE OF.] 



BARRING-OUT, a practice formerly common in schools. Dr. John- 

 son, in his ' Life of Addison,' says, that in 1683, in the beginning of 

 Addison's twelfth year, " his father being made dean of Lichfield, 

 naturally carried his family to his new residence, and I believe placed 

 him for some time, probably not long, under Mr. Shaw, then master of 

 the school at Lichfield, father of the late Dr. Peter Shaw. Of this 

 interval his biographers have given no account, and I know it only 

 from a story of a barring-out, told me when I was a boy, by Andrew 

 Corbet, of Shropshire, who had heard it from Mr. Pigot, his uncle. 

 The practice of barring-out," he adds, "was a savage licence prac- 

 tised in many schools at the end of the last century, by which the 

 boys, when the periodical vacation drew near, growing petulant at the 

 approach of liberty, some days before the time of regular recess, took 

 possession of the school, of which they barred the doors, and bade 

 Sheir master defiance from the windows. It is not easy to suppose that 

 on such occasions the master would do more than laugh ; yet, if tra- 

 dition may be credited, he often struggled hard to force or surprise 

 the garrison. The master, when Pigot was a schoolboy, was barred 

 out at Lichfield, and the whole operation, as he said, was planned and 

 conducted by Addison." 



Brand, in his ' Popular Antiquities,' vol. i. pp. 346, 347, speaks 

 of the custom as still existing in the grammar-school of the city 



of Durham, and at the school at Houghtou-le-Spring. It no longer 

 exists. 



In the statutes of Witton School, near Northwich, in Cheshire, 

 founded by Sir John Deane in 1558, the observance of this practice 

 by the scholars is directed. (See Carlisle's ' Description of Endowed 

 Grammar Schools,' vol. i. p. 133.) It prevailed long also at Rothbtiry, 

 near Alnwick, in Northumberland. (Ibid. vol. ii. p. 259.) An enter- 

 taining story of a barring-out is given in vol. vi. of Miss Edgeworth's 

 ' Parent's Assistant,' 12mo. Lond. 1813. Hutchinson, in his ' History 

 of Cumberland," vol. ii. p. 322, says this custom was used by the 

 scholars of the free-school of Bromfield in that county, about the 

 beginning of Lent, or, in the more expressive phraseology of the 

 country, at Fasting's even. 



BARRISTER. The etymology of this word has been variously 

 given by different authors, and it would be unprofitable to enumerate 

 the fanciful derivations which have been assigned to it. But, though 

 the precise etymology of the term is uncertain, there is little doubt that 

 it arose from the local arrangement of the halls of the different Inns of 

 Court, which for several centuries have composed in England a kind of 

 university for the education of advocates. [INKS OF COURT.] The 

 benchers and readers, being the superiors of each house, occupied on 

 public occasions of assembly the upper end of the hall, which was 

 raised on a dais, and separated from the rest of the building by a bar. 

 The next in degree were the utter barristers, who, after they had 

 attained a certain standing, were called from the body of the hall to 

 the bar (that is, to the first place outside the bar), for the purpose 

 of taking a principal part in the mootings or exercises of the house ; 

 and hence they probably derived the name of utter or outer barristers. 

 The other members of the Inn, consisting of students of the law under 

 the degree of utter barristers, took their places nearer to the centre of 

 the hall and farther from the bar, and from this manner of distribution 

 appear to have been called inner barristers. The distinction between 

 utter and inner barristers is at the present day wholly abolished, the 

 former being called barristers generally, and the latter falling under the 

 denomination of students. 



The degree of utter barrister, though it gave rank and precedence in 

 the Inn of Court, and placed the individual in a class from which 

 advocates were always taken, did not originally communicate any 

 authority to plead in courts of justice. In the old reports of the 

 proceedings of courts, the term is wholly unknown ; Serjeants and 

 apprentices at law, who are supposed by Dugdale to be the same 

 persons, being the only pleaders or advocates mentioned in the earlier 

 year-books. (Case of the Duchy of Lancaster, 4 Eliz., Plowden's 

 ' Reports,' vol. i. p. 213 ; ' Chronica Judicialia,' p. 165.) In the time of 

 Stow, however, who wrote in the latter part of Elizabeth's reign, it is 

 clear that utter barristers were entitled to act as advocates, as he 

 expressly says that persons called to that degree are " so enabled to be 

 common councellors, and to practice the law both in their chambers 

 and at the barres." The exact course of legal education pursued at 

 the Inns of Court before the Commonwealth is extremely uncertain, but 

 it appears to have consisted almost entirely of the exercises called read- 

 ings and mooting!, which have been described by several ancient writers. 

 The readings in the superior or larger houses were thus conducted : The 

 benchers annually chose from their own body two readers, whose duty 

 it was to read openly to the society in their public hall, at least twice 

 in the year. On these occasions, which were observed with great 

 solemnity, the reader selected some statute, which he made the sub- 

 ject of formal examination and discussion. He first recited the doubts 

 and questions which had arisen, or which might by possibility arise, 

 upon the several clauses of the statute, and then briefly declared his 

 own judgment upon them. The questions thus stated were then 

 debated by the utter barristers present with the reader, after which 

 the judges and Serjeants, several of whom were usually present, pro- 

 nounced their opinion seriatim upon the points which had been raised. 

 Readings of this kind were often published, and It is to this practice of 

 the Inns of Court that we are indebted for some of the most profound 

 juridical arguments in our language, such as Callis's reading on the 

 Statute of Sewers, and Lord Bacon's on the Statute of Uses. 



The process of mooting in the Inns of Court differed considerably 

 from reading, though the general object of both was the same. On 

 these occasions, the reader of the Inn for the time being, with two or 

 more benchers, presided in the open hall. On each side of the bench 

 table were two inner barristers, who declared in law French some kind 

 of action, previously devised by them, and which always contained 

 some nice and doubtful points of law, the one stating the case for the 

 plaintiff, and the other the case for the defendant. The points of law 

 arising in this fictitious case were then argued by two utter barristers, 

 after which the reader and the benchers closed the proceeding by 

 declaring their opinions seriatim. These exercises appear to have lost 

 much of then- utility in the time of Lord Coke, who, in the ' First 

 Institute,' p. 280 a, praises the ancient readings, but says that the 

 modern performances were of no authority. Roger North says that 

 Lord Keeper Guildford was one of the last persons who read in the 

 Temple according to the ancient spirit of the institution. It is, how- 

 ever, beyond all doubt, that, as far back as we have any distinct 

 memorials, all advocates must have passed through the mode of prepa- 

 ration adopted in the Inns of Court. 



The Serjeants, who, before the allowance of utter barristers to plead 



