i; A \ 



72 



B A V 



logical writer named Jacquclot. To this discussion the 

 1 and third volumes of the lirpontr* -lions, 



-V . 1704. wore dvvnt.-d. Controversy seems to 

 Bayle's pleasure ; and it is probable that the attacks made 

 an Us works made no impression on his tranqnilliu : but 

 hi- cncmici had nearly done him a serious injury by en- 

 procure his banishment from ]Inl1nd in 

 liy reviving the accu-ation that he was a secret 

 of France. It .. liable that the English ministry, 



possessed with tins belief, would have demanded his banisli- 

 nient. hail it iui| been lor the Karl of Shafle-hury, who had 

 known Bayle in I loll and, and who interfered in his behalf. At 

 thai time lie was sulVering from uu affection of the chest, for 

 which, believing it to be hereditary nnd mortal, he ivfii-cd to 

 eall in mediral assistance. His last works were a fourth 

 \olurac of the Keponset, and l\ntrrtien de Marine ft T/if- 

 niittf, in answer to Le Clerc, and a second book under the 

 same title, in answer to Jac<iuelot. The last was not quite 

 finished: he was working on it the evening before his death, 

 which took place December 28, 1706, in the COth year of his 

 age. 



Bayle's life and habits, in the relations of man to man, 

 were simple, temperate, and moral. Without n cynical 

 or affected contempt, he displayed a truly philosophical in- 

 diflerence to wealth : ami he lived independently, in virtue 

 of the moderation of his wants, yet not improvident!)-, for 

 he left a legacy of 10,000 florins to his niece. The worst 

 moral charge brought against him is that of literary dupli- 

 city ; and of this he had no right to complain: fora man 

 wli > is known to conceal his authorship under the thickest 

 disguises of false namrs, false dates, and false prefaces, 

 not wonder if much which cannot be proved is believed 

 to be his. The same spirit of concealment attended him in 

 religion ; for whether he was Atheist, Kpiourean, or Chris- 

 tian, it is at least pretty clear from his writings that he 

 could not have been at heart a member of the strict church 

 to which he outwardly conformed. 



Warburton says of Bayle, ' A writer whose strength and 

 clearness of reasoning can be equalled only by the gaiety, 

 easiness, and delicacy of his wit : who, pervading human 

 nature with a glance, struck into the province of jxirado.r 

 as an exercise for the restless vigour of his mind : who, with 

 a soul superior to the sharpest attacks of fortune, and a heart 

 practised to the best philosophy, had not yet enough of real 

 greatness to overcome that last foible of superior geniuses, 

 the temptation of honour, which the academic exercise of 

 wit is supposed to bring to its pos-c--or-.' (Uirine Le- 

 ffulinn, book i. sect. 4, vol. i. p. 33, 8vo. edition, 1733.) 



The later folio editions of Bayle's Diclinnary arc comprised 

 ill four volumes. The supplement by the Abbe Chaufepie 

 occupies four more. Bayle's miscellaneous works, of which 

 we have not given any thing like a complete list, fill four 

 volumes also. (Life of Htiylt, by DCS Maizeaux, prefixed 

 to his edition of the Dictionary.) 



liAYLK'X. the Hon. an BKTIM.A or B/ETULON. a 

 town of Andalusia, in the province of Jnen, 38 2' N. hit., 

 3 45' W. Ion;.'. It is situated on a gentle elevation, com- 

 manding an extensive plain, which is bounded on the north, 

 cast, and west, by lofty hills, and on the south, south-east, 

 and south-west, by the river.- (tuadalon and Campana, The 

 soil is very fertile, and produces corn, fruit, oil and wine, 

 the two last in abundance. The town is mentioned in 

 public records of the eighth century. It contains one parish 

 church, an ancient castle, a palace belonging to the Count 

 of Bayleri, an hospital, and gome good houses. The inha- 

 bitants, who amount to 5996, are employed in agriculture, 

 rtie manufacturing of glass, bricks, and common cloth. 

 There are also twelve oil-presses or mills, and some soap 

 luanuf.ici'* 



' >n the 19th of July, 1 SOS, an engagement took place 



here, between the Spanish and French armies, the former 



landed by (i'-nura! Cast.inos, the latter by General Du- 



wh.i had nccupied IJaylen. At three o'clock in the 



morning the battle l*gan, and was sustained with equal 



rjurage on both sides until noon, when the French general 



Hied f.r term-. A convention was agreed upon, by which 



French were to lay dun their arms in tic field", and to 



l>e c nee by the Spanish government. On 



1 trd IK. ()()() Fn h soldiers defiled before the Spanish 



army, laid down their arms, eagles, and other military 



i'*. But unfortu- 

 nately th" circt of the war pirvented the 

 fulfilment of the latter part of the convention. The officers 



were conveyed to France, but the men were- placed in l.i 

 where they remained some 



, who had survived li -ilhieinenl 



cut the cables of their prison shu cm 



tt) the mercy of the v 



trymen then besieging Cadiz, 'i : ob- 



tained in the peninsula over the French, co.i the Spaniard* 

 '.'7s men in killed and wounded. Tin- lo-s mi i 



Hell was 2COO men in kilic<l ami wound. 

 which latter was General Dupont liimself. (liitt/f:, 

 General CastaXot.) 



BAYNK, AI.KXANDKK. of Rires, fi. or of 



the municipal law of Scotland. T! 

 notice of this learned person we ha\- 

 by Bower (///*/. of /// 

 p. 197), and in the ' very little information < 

 winch it contains, there are doubts to 1 

 to be correc'ed. 



Hi- was son of John Bayne of Logie in the county of Fife, 

 who was descended from the old I'Y 

 of Tulloch, to whom he was served heir in 

 6th of October, 1700. (fnrjms. Rflorn. ./' In the 



10th of July, 1714, he passed a<. otlish bar 



(Fac. Rec.), but docs not appear ever to have had much 

 practice. In January, 17-'-J, the faculty appointed him 

 senior curator of their library (Flic. Rec.), and on the v;-th t>f 

 November, same year, he was constituted by the t 

 council of Edinburgh professor of Scot- law in the unhi 

 of that city. The late settlement of this the earliest i 

 of Scots law is not a little remarkable, and can be am" 

 for only by a reference to the actual law and pra 

 Scots courts, to which, therefore, we shall here : 

 mcnt advert. 



The common law of Scotland was substantially the same 

 with that of England till the erection of the Court < ; 

 sion in the beginning of the sixteenth century, when, in 

 consequence of the peculiar constitution of that court, the 

 old common law was superseded by the princi] 

 civil and canon laws, which thereupon became, in fact. 

 legal acceptation, the common law. The member-, .f il.e 

 Court of Session were, from its first institution, 

 together under the name of the college of justice ; but it 

 does not appear that they ever adopted a collcuiate in 

 life, or that any domestic school of law was eM r erected 

 among them. The con-equence was, that till the In L" 

 of the last century, when, as we shall immediate!; 

 the sources of the Scottish law ceased to by sought in ti ., 

 man code. preparation was generally m: ' sh b:ir 



at some one of the foreign colleges, of which tin-. 

 and Italy were the most frequented, till the In-tre of theCu- 

 Jaeian School in the Low Countries, aiding the conn 

 which arose between Scotland and them at the Reforma- 

 tion, drew the student thither. On the erection of the 

 ver-ily of Edinburgh, however, attempts were made by tin: 

 Ixjueh and bar to remedy the inconvenience of foreign study, 

 the object of those attempts was to e.-tahlish a di;;ir 

 of civil law, they were long baffled by the v ais of 



preparatory instruction in the language of that law. 

 only method of attaining a practical knowledge of the pro- 

 fession in those times was attendance on some lawyer of 

 reputation: and, accordingly, we not only find such indi- 

 viduals as Sir Thomas. Hope and others \\ho rose to celebrity 

 at the bar passing their early years in the capacity of clerk", 

 or, as it was then, in French phrase, called ' -emtor' 



itc, but these servitors were privileged by the court to 

 act behind the bar, a station and privilege which their de- 

 scendants, the 'advocates first clerks, 1 enjoy to this day. In 

 the end of the seventeenth century private b cturcs on the 

 law began to be given in Edinburgh by members of tin- 

 faculty, and at length, in 1707, a chair of public lav 

 founded : and, in 1709, the chair of civil law. By tin- time, 

 however, the natural working of an independent judicature, 



::ll more, the operation of the union with Kngland, by 

 which the Scots courts were subjected to an uiris- 



diction common to bith parts of the island, cane.; 

 torn of law in many respects different from that of H 

 ami rcquirini; a separate chair fir its elucidation. JJut with 

 the predilections which habit an i , n to 



ittish lawyer, the cm! law wa- cluiiL' I" Ri the jjuide 

 of the courts, and several circum stances impi.-.s i;-\u' 

 i'leii, that thechairof Scots lawtowhii ' 



Carried with contempt by I: fin ulty ! 



ho was a member. The l-'aaillr contain no allu 



