Page:Cyclopaedia, Chambers - Supplement, Volume 1.djvu/254

 BAN

BAN

walk, &c. and by the antients, agger es : thofe on the coafts of Holland are more particularly denominated dykes. Niewent. Relig. Phil', p. 276. Petty, Dupl. Proport. p. in.

Bank is alfo ufed, in feveral games, for the flock or fund of him who undertakes the game.

Bank at Baffet, a fum of money laid down by the tailleur, be- fore the gamefters, to anfwer all the winning cards that fhall turn up in his courfcof dealing. Compl.Gameft. p. %i.

BANKER, (Cycl.)— The bankers were very antient at Lyons; De Rubis a traces their origin from the Guelphs and Gibbclins, in the thirteenth century ; who, not daring to return to their own country, purchafed of the king of France a power to fet up their banks at Lyons, and in other parts of France. F. Mcneftrier b feems to fix their epocba higher; fhewing, that there were rich bankers at Lyons, as early as the year 1 209.— [ a Hilt, de Lyon. I. 3. p. 289. b Hirt. Conful. de Lyon, p. 392.]

The antient bankers were called argentarii, and nummidarhy by the Greeks, r^x^'Cfia.^ xo?,?,tfS.r^i, and agywppiifri c. 1'heir chief bufinefs was to put out the money of private perfons to intereft: they had their boards and benches, for this purpofe, in all the markets and public places, where they took in the money from fome, to lend it to others d .~[ c Vid. Bojl. Hift. Rei Nummar. T. 1. 1. I. c. 9. §. 13, feq. d Pitifc.Lex. Antiq. T. 1. p. 168. Calv.Lex Jur. p. 87, b.]

Bankers, among us, are goldfmiths, and others, in whofe hands money is depofited, to be drawn out again as the owners find occafion. The monied goldfmiths firft got the name bankers, about the time of K. Charles II. witnefs the following claufe of an ad: of parliament under that prince: " Whereas feveral " perfons being goldfmitbs, and others, by taking up or bor- " to themfelves, the reputation and name of bankers, &c." Ann. 22, 23. Car. II,
 * ' rowing great fums of money, and lending out the fame again
 * ' for extraordinary hire and profit, have gained, and acquired

Bankers in the Court of Rome, arc perfons authorized, exclu- iive of all others, to follicit and procure, by their correfpon- dents at Rome, all bulls, difpenfations, and other acts difpatch- ed at the papal datary, or in the Iegatefhip of Avignon : they are difperfed in all the cities of France, where there is a parlia- ment, or a prefidial ; and were erected into a regular, and he- reditary office, by an edict in 1673.

They owe their origin to the Guelphs, who took fhelter at A- vignon, and in other cities within the obedience of the pope, in the time of the civil wars of Italy. The favour they were

■ in with the pontiffs, for having efpoufed the papal caufe, oc- cafioned their being employed in procuring expeditions of the court of Rome. Jut the' heavy extortions they pra&ifed to- wards their clients, foon rendered them odious, and occafion- ed feveral denominations of reproach, as, Coarcini, Caturcini, Caurfmi, Corfini, &c. from the city Cabers, the native place of pope John XXII. in whofe pontificate they were in their high- eft power. Come'ilk, Diet, des Arts, T. 1. p. 88. a. Did.de Trev. T. 1. p. 849-

Banker at BajJcU is, more properly, called tatlleur, or tallier. The tatlleur has the firfl and laft card at his own difpofal, with other advantages in the dealing (a considerable, that, by a pu- blic edict of the king of France, the full privilege of a tailleur was allowed to none but cadets, or younger fons of noble fa- milies: all others, for fear of ruining private families, were con- fined to a twelve-penny bank. Compl. Gamefl. p. 30. Yet it is to he obferved, that the bankers gainer cent, of all the money adventured at pharo, is greater than at ballet; it be- ing two pounds nineteen millings and tenpence per cent, in the firft, and but fifteen {hillings and threepence in the fecond. V. De Moiv. Do£tr. Chanc. p. 93.

Banker, in bricklaying, a piece of timber whereon they cut the bricks.

The banker is fix feet long, or more, according to the number of men to work at it, and nine or ten inches fquare : it is to be laid ,on two peers of timber, three feet high from the floor they ftand on. Moxon, Mech. Exerc. p. 246. BANKING, the making of banks to oppofe the force of the fea, rivers, or the like, and fecure the land from being of overflow- ed thereby.

With refpeel to the water which is to be kept out, this is called banking ; with refpeir. to the land, which is hereby to be de- fended, imbanking. Banking, in a kit-work, the raifing a fence againfl the fea, whereby its waters may be kept out, excepting fo much as is ne- ceilary for the preparation of the fait. Banking is alio applied to the keeping a bank, or the employ- ment of a banker. See Bank, and Banker, CycL and Suppl. Baking, in this fenfe, figniiies the trading in money, or remitting it from place to place, by means of bills of exchange. Plan, Lug], Comm. p. 2.

This anfwers to what the French call faire la banqite. In France, every body is allowed to bank, whether merchant or not; even foreigners are indulged in this kind of traffic. In Italy, banking does not derogate from nobility, efpecially in the

. republic ftates; whence it is, that moftof the younger fons of

freat families engage in it. In reality, it was the nobility of 'enice and Genoa, that, for a long time, were the chief ben-

kers in the other countries of Europe. Savar. Diet Comm.

P- 2 35-

Banking is more particularly ufed for the act of exchanging monies, or coins, of different qualities and values. Plan, Engl. Comm. c. 1. p. 2.

BANKRUPT, (Cycl.) — In fome places bankrupts are condemned to wear the green cap; at Lucca, an orange cap. Diet, de Trev. T. i. p. 848.

Fraudulent Bankrupt, he who defignedly fecretes or makes a- way his effects, conceals them under borrowed or feigned names, or by pretended fales or alignments. Savar. Diet. Comm. p. 264, feq.

By an ordinance of Henry IV. in 1609, and another of Louis XIV. in 1673, fraudulent bankrupts are ordered to be profe- cuted capitally, and punifhed with death ; which has frequently been practifed accordingly. Though the ordinary punifhment in France, be only the pillory. In England, banlrupts fraudu- lently concealing their effects, are guilty of felony, without be- nefit of clergy. See Stat. 5 Geo. II.

BANLEUGA, or Bannileuga, or Banlieue, in middle age writers, the territory within which the jurifdiction of munici- pal magiftrates, or ordinary judges of a city, town, or the like, are confined. Vid, Spclm. p. 61. a. Menag. Orig. p. 74. Du Cange, T. I. p. 465.

It is thus called, becaufe within this tract, they may make their proclamations, prohibitions, and other acts cf jufticeand policy, comprifed under the name of ban, or hannum. See Bann.

In this fenfe, we meet within banleuga de Arundel, ufed for all that is comprehended within that limits, or lands adjoining, and fo belonging to the cattle, or town. Seidell, Hift. of Tithes, p. 75.

The banlieu, in France, ordinarily extends about a league a- round the place a. Its boundaries are commonly marked by a crofs, or a ftone erected for the purpofe b. — [ a Ozanam. Diet. Math. p. 376. b Aubert, ap. Richel. T. 1. p. 175. b.j In fome cuftoms of France, banlieue is alfo ufed to denote the fpace within which the inhabitants are obliged to carry their corn to be ground in the lord's mill. Cafeneuve, in voc.

BANN, (Cycl.)-M. d'Herbelot will have the word bann to be Sclavonic, where it is ftill ufed, as well as among the Turks, for the commander of the forces, or troops, in the provinces belonging to the kingdom of Hungary. Bibl. Orient, p. 183. See alfo Aquin. Lex. Milit. T. 1. p. 1 12. b. Others will have it the fame with what, in Hefychius, is writ- ten £aw«c, and which, according to him, fignifies king, or great prince. Vid. Seld. Tit. of Hon. P, 2. c. 2. §. 5. Trev. Diet. Univ. T. 1. p. 83 1.

Bann is more particularly ufed, for a folemn convocation of the nobility of a province, to attend the king in his army, con- formably to their feveral tenures.

Bann, in this fenfe, differs from rear-bann ; as the former re- flects thofe who hold mediately of him. But the words are now confounded ; and bann, and rear-bann, denote a fummons to all the feudal tenants, mediate and immediate, to go to war in the king's fervice.

Bann alfo denotes the affembly, or body of nobility and gentry thus convocated.

In this fenfe, they hy, the bann and rear-bann is long in get- ting into the field ; the bann and rear-bannwas affembled, C3V. The French nobility appear to have ferved the king, in the way of bann and rear-lann, from the beginning of the mo- narchy ; though the ufage was not regularly fettled, till the time of the inveftiture of feuds. From that time, the lay lords rendered prefent fervice in the armies ; and even the ec- clefiafiics, who held lands, were obliged likewife to appear with their vaffals. It was this gave occafion to the introduction of vidames and advoucs, or advocates, to command the vaffals of bifhopr'icks, and abbies, in lieu of their own prelates. But, during the wars againfl the Englifh, as well as in the holy land, many of the gentry, engaged in thofe expeditions, wanting money to fupport the expence, procured leave of the king to fell feuds to roturiers, or perfons not noble, and corporations. By this means, a confiderable part of the fiefs of France, fall- ing into the hands of perfons unfit for war, the bann and rear- bann came to be but thinly furnifhed with able foldiers. This occafioned a tax to be laid on thefe votaries, in order to pay foldiers; and, befides the tax, they were ftill obliged to perfo- nal fervice: which eftabhfhment ftill continues. Didt.de Trev. T. 1. p. 830.

Bann is more particularly ufed to denote profcription, or banifli- ment, for a crime proved ^; becaufe antiently publifhcd by found of trumpet; or, as Voffius thinks, becaufe thofe who did not appear at the abovementioned fummons, were punifh- ed by profcription ■- — [ k Vid. Spelm. Gloff. p. 62. a. b Me- nag. Orig. p. 74. b.

Hence, to put a prince under the bann of the Empire, is to de- clare him diverted of all his dignities. Ricbel. Diet. T. I. p. 172.

The fentence only denotes an interdict of all intercourfe, and offices of humanity, with the offender ; the form of which feems taken from that of the Romans, who banifhed perfons, by forbidding them the ufe of fire and water. Cah. Lex. Jur. p. 109.

, 1 Sometimes