B A 



B A S 



Where thof^ are bsftardi by the co-nmon law that are " mu- 

 licrs" by the fpiritual law. (Co. Litt. 134. 1 New At r. 3 1 4. 

 1 Rol. 367. Hob. 117.) If a man receives any temporal 

 damag-eb '*y being called a bailard, and brinjj his a^lion in 

 t!>c temporal courts, and the defcniant jiiilific-;that the plain- 

 tifti is a bdftard, this muit be tried at comnioii law, and i:ot 

 by writ to the biPaop. i Brownl. i. Kob. 179. Godol. 

 479, Co. Ent. 29. 



In an ancient MS. of the tinne of Edw. III. it is faid that 

 he who gets a battard in the hundred of M ddleton in Kent 

 fnall forleii all his goods and chattels to the king. If a baf- 

 tard be got under the umbrage of a certain oali in Kn'-lwood 

 in Statfordlliire, belonging to the manor of Terfley-caille, no 

 puiiifhment can be inflicted ; a.iJ ne'ther the lord nor the 

 billiop can take cognizance cl it. Plott's Stafford, p. 279. 



By the ilat. 2i Jac. i, c. 27. a mother of a baftard child, 

 concealing its death, muft prove by one witnefs that the child 

 was born dead ; otherwife, fuch concealment Ihall be evidence 

 of her having murdered it. But ot late years it hath been 

 ufual, on trials tor thafe offences, to require lome fort of pre- 

 fumpti^e evidence that the child was born alive, before the 

 otherprefumptionbe admitted, that becaufethedcath wascon- 

 cealed it was killed by the parent. If a woman be with child, 

 and any one give her a potion to dcftroy the child, and it kills 

 the woman, this is murder. If a v.oman great or quick with 

 child takes, or any pcrfon gives her, any potion to caufe abor- 

 tion, or if a man llrike her fo as to kill the child, this is not mur- 

 der nor manflaughter by the law of England ; but the offender 

 may be indiCled for a raifdemeanor at common law. But if 

 the child be born alive, and afterwards die of the poifon or 

 bruifes it received in the wonb, it is murder on the part of 

 fuch as adminifcered or gave them. Thus alfo, if a man pro- 

 cure a woman with child to dellroy her infant when born, and 

 the child is hern, and the woman in purfuance of that pro- 

 curement kill the infant, that is murder in the mother, and 

 the procurer is acceffary. i Hal. P. C. 429, 430. 433. 

 Blackft. Com. vol. i. p. 454, &:c. vol. ii. p. 248. vol. iv. p. 65. 

 Burn's Juftice, vol. i. p. 217 — 271. 



Bastap.I), in refpecl of Artillery, is applied to thofe 

 pieces which are of an unufual or illcgiti.iiate make or pro- 

 portion. I'hefe are of two kinds, long and Ihort, according 

 as the defeti is on the redundant or defective fide. 



The long ballards, again, are either common or uncom- 

 mon. To the common kind belong the double culverin ex- 

 traordinary, half culveiin extraordinary, quarter culverin 

 extraordinary, falcon extraordinary-, &c. 



The ordinary baftard culverin carries a ball of eight 

 pounds. See Cannon. 



Bastard, in Botany, is applied to feveral fpecies of 

 plants : asbailard alkanet, for which fee Lithospermum-; 

 — balm, fee Melittis ; -cahbage-tiee, fee Geoffroya ; 

 — cedar, fee 1'heobr.oma Guaztiina ; — crefs, fee ThlAS- 

 pi ; — feverfew, fee Parthenium ; — flower-fence, fee Ada- 

 ma.stina ; — gentian, fee Sarothra ; — hare's ear, fee 

 Phyllis ; — hatchet-vetch, fee Biserrula ; — hemp, fee 

 Datisca; — hibifcus, fee Achania ; — Jtfuit's bark-tree, 

 fee Iva ; — indigo, fee Amorpha; — knot-grafs, fee Cor- 

 RIGIOLA ; — lupine, fee Trifolium Lupinafltr ; — orpine, 

 fee Andrackn-e ; — pimpernel, fee Cestunculus ; — plan- 

 tain, fee He Lie ON lA B'lhai, andCENTUNCULus ; — quince, 

 fee Mespilus Chamitinefpilus ;. — rocket, fee Nasada ; — 

 faffron, fee Carthamus ; — ftar of Bethlehem, fee Albu- 

 ca ; — wood-flax, fee Thesium ; — vetch, fee Phaca. 



Bastard, in Sea Language, is ufed for a large fail of a 

 galley, which will make way with a flack wind. 



Bast.srd is alfo ufed adjectivcly, or in compofition with 

 divers other words, to denote things of inferior or dimiuu- 



4 



tive value. In this ftnfe we meet with baftard coral, baf- 

 tard a'.ab-dfler, ballard an.ianthus, 5^c. 



Bastard Scarlet is a name given to red dyed with bale 

 madder, a? cor;-.ing neareft to the baw-dye, or new fcarlet. 



Bastai.ds are alfo an appellation given to a kind of 

 faction or troop of banditti, who rofe in G'jienne about 

 the beginning of the fourteenth century, ar.d joining with 

 fome Englilh parties, ravaged the countr)', and fet fire to 

 the city of Xaintes. 



Mczeiay fuppofes them to have confifted of the natural 

 fons of the nobility of Guienne, who being excluded the 

 right of inheriting from their fathers, put themfelves at the 

 head of robbcis and plunderers, to mair.tnin themfelves. 



BASTA RDY is a defeat of birth ob;eftcd to one bora 

 out of wedlock. 



Eudathlus maintaifis, againft the courfe of antiquity, 

 that bailards among the Greeks were in equal favour witli 

 legitimate children as low as the Trojan war : others, how- 

 ever, have (hewn that there never was a time when bailardy 

 was not in difgrace. (See Homer. II. S, v. 28 1. Sophocl. 

 Ajax,v. 1250. Euripid.Ion. V. 589. ) In the timeof William 

 the conqueror, baftardy feems not to have i.Tiplied any dif- 

 grace ; for that monarch does not fcruple to affume the ap- 

 pellation of baftard. His epiltle to Alan, count of Bre- 

 tagne, begins, " Ego Willielmus, cognomento baftardus." 

 Du Cange Gloff. Lat. t. i. p. 502. 



Bastardy, Arms of, in Heraldry, Ihoiild be croffed with 

 a bar, fillet, or traverie, from the left to the right. Baf- 

 tards were not formerly allowed to carry the arms of their 

 father, and therefore they invented arms for themfelves ; and 

 this is ftill done by the natural fons of a king. 



Bastardy, Right of, Dn/ii de Batarife, in the French 

 La'w, is a right, in virtue of which the effefts of baltard« 

 dying inteftate devolve to the king or the lord.. 



Bastardy, Trial of. See Bastard. 



BASTARNiE, in Ancient Geography, a people who at 

 fii-ft inhabited that part of European Sarmatia that corre- 

 fponded to a part of Poland and Pruffia, towards the Viftu- 

 h, and who afterwards approached the more fouthem parts, 

 and eftablifhed themfelves to the left and right of the Tyas 

 or Danaftcr. The cera of their war with the Goths, and 

 of their conqueft of thefe temtories, is not precifely afcer- 

 tained. M. Freret refers it to the interval between the years 

 282 and 2S0 B. C. Tacitus fays, they had houfes ; and 

 hence it has been inferred that they were not Sarmatians, 

 becaufe they dwelt in huts. Livy conliders them as Gauh, 

 and Strabo prefumcs th^t they were a nation of Germaris. 

 They feem, however, to have inhabited the region that lay 

 north of the Carpathian moui'tains, and to have gradually 

 extended themfelves towards Poland and the Boryllhencs. 

 Many learned perfons have repreiented them as a colony left 

 by. the Gauls on the other fide of the Cai-pathian moun- 

 tains, when they made their progrefs, under the conduft of 

 Brennu^, from the eaft. towards the welt. M. de Peyffonel 

 fays, that they may be regarded as the founders of the Riif-. 

 Cans and Sclavoniar.s. 



BASTATAL, in Geography, a fmall idand on the eaft- 

 em coall of the ifiand of Sumatra. S. lat. 1°. S. lo;ig. 

 I0^° 30'. 



"BASTAVOE, 3 bay on the ealt fide of Yell, one of 

 the Shetland iflands. 



BASTELLICA. a town of the ifiand of Corfica, 5 

 leagues E.N.E. of Ajaccio. 



BASTERIA, in Botany, See Calycanthvs. 



BA STERNA, in Antiquity, a kmd of vehisle or cha- 

 riot ufed by ancient Roman ladies. 



Papias thiaka, that bsflenia was firll writtea for ■vefla-na. 



Rofweiid. 



