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tions interview, in which the conqueror, whofe fpirits 
were harmonif'ed by fuccefs, affected the character of ge- 
nerofity. But his mind was infenfibly alienated by the un- 
feafonable arrogance of Bajazet; the complaints of his 
enemies, the Anatolian princes, were juft and vehement; 
and Timour betrayed a delign of leading his royal cap¬ 
tive in triumph to Sarmacand. An attempt to facilitate 
his efcape by digging a mine under the tent, provoked the 
Mogul emperor to impofe a hardier reftraint; and, in his 
perpetual marches, an iron cage on a waggon might be in¬ 
vented, not as a wanton infult, but as a rigorous precau¬ 
tion. Timour had read in fome fabutous hiftory a fimilar 
treatment of one of his predeceffo.rs, a king of Perfia ; 
and Bajazet was condemned to reprefent thq perfon and 
expiate the guilt of the Roman Catfar. But the ftrength 
of his mind and body fainted under the trial, and his pre¬ 
mature death might without injuftice be aferibed to the 
ieverity of Timour. He warred not, however, with the 
dead ; a tear and a fepulchre were all that lie could be¬ 
llow on a captive who was delivered from his power ; and 
if Moufa, the ton of Bajazet, was permitted to reign over 
the ruins of Botirfa, the greatell part of the province ot 
Anatolia had been reltored by the conqueror to their law¬ 
ful Ibvereigns. 
BAIB ACITjTA, a town of Siberia, on the river Irtifch, 
feventy-two miles north-weft of Tara. 
BA 1 BAZAR', a town of Afiatic Turkey, in the pro¬ 
vince of Caramania, forty-eight miles weft of Angura. 
BAIBOUL', a town of Armenia, forty-five miles louth 
of Trebifond. 
BAI'CHA, two rivers of Siberia, fo called, which run 
into the Turuchan; one thirty-two, the other fifty-fix, 
miles north-weft of Turuclianik. 
BAID'SCHEN, a town of Prtiflia, in the province of 
Lithuania, on the north fide of the PilIU: four miles eaft 
-of Glimbinnen. 
To BAI'GNE, v. a. \bagncr, Fr.] Todrench; tofoak: 
a word, out of afc .—The women forflow not to baigne them, 
unlefs they plead their heels, with a worfe pertume than 
Jugurth found in the dungeon. Carew. 
BAPK.AL, a lake of Siberia, or inland fea, 320 miles 
in length, and twenty in breadth. It is environed on all 
tides by high mountains. In one part ot it, which lies 
. near the river Bargufin, it throws up an inflammable ful- 
phureous kind of pitch, called maltha , which the people 
of the adjacent country purify, and burn in their lamps. 
There are likewife feveral fulphureous fprings near this 
lake. Its water at a diftance appears ot a fea-green co¬ 
lour : it is frelh ; and fo clear, that objects may be teen in 
it feveral fathoms deep. It begins to treeze the latter end 
of December, and thaws again about the beginning of 
May. When it is frozen over, people travel upon it in 
the road to China; but they mult be very (harp ftiod, o- 
therwife they cannot (land upon the ice, which is exceed¬ 
ingly fmooth. Notwithftanding the ice on this lake is 
fometimes two ells thick, there are fome open places in it, 
to which tempeftuous winds will often drive thofe who are 
crofting it, in which cafe they are irrecoverably loft. The 
camels that pafs along have a particular kind ot (hoes 
(harp at bottom, and the oxen have (harp irons driven 
through their hoofs, without which it would be impoffi- 
ble for them to (land. Here are plenty ot large fturgeon 
and pike; with many feals of the black kind. It contains 
feveral iflands; and the borders are frequented by fables 
and civet-cats. I.at. 51. 20. to 55. 20. N. Ion. 121.40. 
to 127. 30. E. Ferro. 
BAIKALO'VA, a town of Siberia, 112 miles lbuth- 
fouth-caft of Abakanlk. 
BAIL,y. [ ballium , Lat. baillcr , Fr. of Sa/Am, Gr. to 
deliver into hands.] Is ufed in our common law for the 
freeing or fetting at liberty of one arrefled or imprifoned 
upon any action, either civil or criminal, on furety taken 
for his appearance at a day and place certain. The reafqn 
• why it is called bail, is becaufe by this means the party re- 
••ftrained is delivered into tite hands of thole that bind them- 
B A I 
felves for his forth-coming, in order to a fafe keeping or 
protection from prifon: and the end of bail is to fatisfy 
the condemnation and cofts, or render the defendant to 
prifon. With refpect to bail in civil cafes it is to be ob¬ 
served, that there is both common and fpecial bail : com¬ 
mon bail is in aCtions of fmall concernment, being called 
common, becaufe any fureties in that cafe are taken; whereas 
in caufes' of greater weight, and value, fpecial bail or 
furety nluft be taken, according to the value. 4 Inf. 179. 
By ftat. 23 Hen. VI. c. 9, Sheriffs, &c. are to let to bail 
perfons by them arrefted by force of any writ, in any per- 
fonal adion, &c. upon reafonable fureties, having fufti- 
cient within the county to keep their days in fuch place, 
See. as the writs require. 
Bail and mainprize are often ufed promifeuoufly in our 
law books, as fignifying one and the fame thing, and agree 
in this notion, that they fave a man from imprifonment iit 
the common gaol; his friends undertaking for him, before 
certain perfons for that purpole authorized, that he Ilia 11 
appear at a certain day, and anfwer whatever (hall be ob¬ 
jected to him, in a legal way. 2 Hawk. P. C. c. 15. 4 Injl. 
1 So. The chief difference is, that a man’s mainpernors 
are barely his fureties, and cannot imprifon him them- 
felves to fecure his appearance, as his bail may, who are 
looked upon as his gaolers, to whofe cuftody lie is commit¬ 
ted, and therefore may take him upon a Sunday, and con¬ 
fine until the next day, and then render him. 6 Mod. 231. 
Ld. Raym. 706. 
Special bail, are two or more perfons who undertake ge¬ 
nerally or in a Cum certain, that, if the defendant be con¬ 
victed, he (hall fatisfy the plaintiff, or render himfelf to 
the cuftody of the marflial ; generally there are but two 
perfons who become bail for a defendant. Where the de¬ 
fendant lias been arrefted or difeharged out of cuftody, 
upon giving a bail-bond to the (lierifF, he mud at the re¬ 
turn of the writ, to difeharge fuch bond, appear thereto, 
namely, by putting in fpecial bail, or, as it is termed, 
bail above, (o called, in contradiftinCtion to the (heriff’s 
bail, or bail below ; nor can he render himfelf in difeharge 
of fuch bond, without firft putting in bail above. 5 Burr. 
2683. By rule M. 1654, no attorney (hall be bail for a 
defendant in any aClion ; nor his clerk. Cowp. 228 n. Vide 
Dougl. Rep. 466, that an attorney may be admitted as bail 
in a criminal cafe. No (heriff’s officer, bailiff, or other 
perfons concerned in the execution of procefs, (hall be 
permitted to be bail in any aClion or fuit depending in 
K. B. nor perfons outlawed after judgment. R.M. 14 
Geo. II. The keeper of the Poultry Compter was re¬ 
jected. Dougl. 466. 
Of Bail in Civil Cases. 
In aCtions cf battery, trefpafs, Hander, &c. though the 
plaintiff is likely to recover large damages, fpecial bail is 
not to be had, unlefs by order of court, and the procefs 
is marked for fpecial bail : nor is it required in aCtions of 
account, or of covenant, except it be to pay money; nor 
againft heirs or executors, &c. for the debt of the teftator, 
unlefs they have wafted the teftator’s goods. 1 Danv. Abr. 
681. If baron and feme are fued, the huflband nut ft put 
in bail for both ; but, if the hutband does not appear upon 
the arreft, the wife muft file common bail before (he can 
be difeharged ; for othervvife the plaintiff could not pro¬ 
ceed to obtain judgment. Goldf. 127. Cro.Eliz.i~io. Cro. 
Jac.44.5. 1 Mod. 8. A feme covert was difeharged out of 
cuftody, becaufe (lie was arrefted without her luiftxmd; 
though the writ was fued againft both, and non ef inventus 
returned as to the hulband. 1. Term Rep. 486. See Arrest. 
In all actions brought in B. R. upon any penal law, the 
•defendant is to put in but common bail. Ye/v. 53. In ac¬ 
tions where damages are uncertain, bail is to be at the dif- 
c ret ion. of the court: on a dangerous alfault and battery, 
upon affidavit of fpecial damages, a judge’s hand may be 
procured for allowance of an ac etiam in the writ: and in 
action of fcandalum magnatum the court on motion ordered 
Ipccial bail. Raym. 74. When bail is taken by the chief 
juftice. 
