Page:Cyclopaedia, Chambers - Supplement, Volume 1.djvu/255

 B A N

B A N

Sometimes alfd cities are put under the imperial bann ; that is, {tripped of their rights and privileges*

Bann alio denotes a pecuniary mul£t, or penalty, laid on a de- linquent for offending againft a bann. Du Cange, Gloff. Lat. T. i. p. 461.

Bann is alfo ufed for the ordinances and injunctions of ecclefi- aftical prelates. Magri, Voc. Ecdef. p. 28. b. The uf'e of matrimonial banns is faid to have been firft intro- duced in the Galilean church, though fomcthing like it ob- tained even in the primitive times; and it is this TertuIIian is fuppofed to mean by trinundina promulgatio. The council of Lateran firft extended, and made the ufage general. By the ordonnance of Blois, no perfon could validly contract mar- riage, without a preceding proclamation of three banns .* nor could any perfon whatever be difpenfed with, except for the two laft. But the French themfelves have abated much of this fe- verity ; and only minors are now under an abfolute neceflity of Submitting to the formality of banns. For majors, or thole of age, after publication of the firft barms, the two latter are eafily bought off. Diet. deTrev. T. 1. p. 8-30.

Bannus, or Banus, a title antiently given to the governor or viceroy of Croatia, Dalmatia, and Sclavonia. F&fch, Ing. Lex. p. 66. See alfo Aquin. T. 1. p. 112. b. Diet, de Trev. T. 1. p. 849. Du Cange, Gloff. Lat. T. r, p. 467.

Bannus Epifcopalis, was a mulct paid to the bifhop by thofe guilty of facrilege, and other crimes. Du Cange, Gloff. Lat. T. 1. p. 462.

Bannum Capitis, was a mulct paid in cattle. Du Cange, ibid. p. 463.

Bann is alfo ufed for a folcmn anathema, or excommunication, attended with curfes, &c. Vid. Tribechov. de Doct. Scholaft. c. 3. p. 97. In this fenfe, we read of papal banns, &c.

Banna/G^, Bannus Dei, or the judgment of God. Spelman takes it for excommunication. Spelman, GlofT. p. 62. a.

Bann is alfo ufed for a prohibition.

In which fenfe, the bann. of harveft, of vintage, &c. in the ' French cuftoms, imports a prohibition to reap, or gather the grapes, without leave of the lord.

The former is now taken away, and the peafant may reap his corn when he pleafes ; but the latter ftill remains, perfons not being allowed to open the vintage, till publication is made by the officers of the place for that purpofe. Aubert. ap. Richel. T. r. p. 172. a.

Bann-/^, in the French cuftoms, a privilege enjoyed by lords, , of felling the wine of their own growth, during a certain time, exclufive of all other perfons within the compafs of their fees or lordfhips. Savar. Diet. Comm. p. 265. Du Cange, Gloff. Lat. T. r. p. 4,-8. Diet. deTrev. T. 1. p. 850. The fame right, in fome places, extends alfo to other liquors j and even to hogs, cows, and other animals.

BANNALIS Mola, or Bannal-Mill, a kind of feudal fervicc, whereby the tenants of a certain diftrict arc obliged to carry their corn to be ground at a certain mill, and to be baked at a certain oven, for the benefit of the lord. Calv. Lex. Jurid. p. ic 9 .a.

This amounts to the fame with what obtains among the French, under the denomination of bamialite; which is aright belong- ing to the lord, to keep a mill, an oven, awine-prefs, and a bull, and oblige his tenants to bring their corn to grind, their bread to bake, &c. at the fame time.

The bannaltte is an odious fervice, unknown in the anticnt law, . and of which no traces are to be feen before the tenth century. ■ The violence of the lords, and the poverty of the people, feem to have occafioned its rife ; and the manumiflion of villains af- terwards confirmed it. Fulbert, bifhop of Chartres, in a letter to Richard duke of Normandy, in the tenth century, com- plains that there were bannal-milh five leagues diftance from the habitations of the vaffals ; and that they were neverthelefs obliged to carry their corn thither to be ground. But, in after- . time, this diftance was restrained to the limits of one league. De la Mare, Traite de la Polic. ap. Diet, de Trev. T. 1. p. 1 840, feq.

BANNER, properly denotes a fquare flag, fattened like a cornet to a lance. Diet, de Trev. T. 1. p. 544. Menage derives the word from the Latin bandum, a band, or flag; and fuppofes banniere to have been firft written for ban- dure ; which is confirmed by this, that we meet with the word banderia, ufed, in the fame (enfe, by Latin writers of the bar- barous age. Menage, Orig. in voc. See alfo Spelm. GlofT. p. 5.9. b.

Pafquier choofes to deduce it from the old word bann, the pub- lication made to call the vafials to war ; others derive it from the German ban, a field or tenement, becaufe only lords of fees were allowed to bear a banner ; others, again, fuppofe the word to have been formed, by corruption, from panniere, of pa'tmus, , cloth, becaufe it was originally made of cloth ; whence alfo the denominations, penons, panonefeaux, &c. Diet, de Trev. T. 1. p. 84s.

A banner differed from a pennon, or guidon, which had a long tail, or train; the cutting off which, in the ceremony of cre-

- ating a banneret, converted it into a banner. See Banneret, Cyd. & Suppl. Moft of the antient lords are reprefented 3 on their feals, with

banners in their hand ; in which guife they entered the lifts iri tournaments.

Arms Banner-m///^ or en banniere, are thofe born fquire; ftill ufed in Bretagne, to denote families defended from banne- rets. Favyn fuppofes the ufage to have been brought thither from England. Hift. de Navarre, 1; 1 1. p. 6ae, feft It was reputed more honourable for a perfon to bear his arms in a banner, than in an cfattchcon.

Banner is alfo ufed to denote the flag under which all the te- nants of the fame fief were to mufter themfelves, when their fervice was required in the army. Diet, de Trev. T. 1. p. 444.

Banner is alfo ufed for the chief flag, or ftandard of a prince, lord, baron, or the like. Spelm. Gloff. p. 59. b.

The Banner of France, was the largeft and richeft of all the flaos born by the antient kings, in their great military expeditions. St. Martin's cap was in ufe fix hundred years, as the banner of France : it was made of taffcty, painted with the ima^e of that faint, and laid one or two days on his tomb, to prepare it for ufe a. This was fucceeded by the famous aurifiamma, or ori- famma, (See Auriflamma.) Though fome make a diffe- rence between the banner of France and the orifavnne; making it the diftinguifhing character of the former, to be hung out at the window, wbere-evcr the king was ; whereas the latter was only ufed in extraordinary wars b. — [ a Diet, de Trev. T. r. p. 845. LeGendre, Moeurs h Cout. de France. b Richel. Diet. T. 1. p. 174. c.J

About the year 1100, came in a more pompous apparatus ; the mode of which was borrowed from Italy ; the banner royal was fattened to the top of a malt, or fome tall tree planted on a fcaffold, born on a chariot drawn by oxen, covered with vel- vet holdings, decorated with devices or, cyphers, of the prince reigning. At the foot of the tree was a pricft, who ("aid mats early every morning. Ten knights mounted guard on the fcaf- fold, night and day, and as many trumpets, at the foot of the tree, never ceafed ftourifhing, to animate the troops. 7'his cumberfome machine, the mode of which was brought from Italy, continued in ufe about an hundred and thirty years. Its poft was in the center of the army. And here it was the chief feats were performed, to carry off and defend the royal fanner : for there was no victory without it ; nor was an army reputed vanquifhed, till they had loft this banner. Le Gendre, Mceurs & Cout. des Franc, p. 1 05, feq.

Banner is alfo ufed, in middle age writers, for any flag or en- flgn. Spelm. Gloff. p. 59. b.

But the word is out of ufe in this fenfe, except in fpeaking of former times, or foreign nations. In the Levant, they ftill fay, the Englifh banner, the Venetian banner, &c. Aubin. Diet. Mar. p. 64.

The French alfo retain the denomination banner, in fpeaking of ecclefiaftical proceffions ; where the people, having each a crofs on, march under a banner, reprefenting the church mili- tant; to denote themfelves foldiers of the church. Richel. I.e.

Banners of the Romans. See Signa.

BANNERET, {Cycl.) — There feems to have been bannerets created, either in a different manner, or by others, than the fo- vereign ; fince King James, in the patent of baronets, gives them precedency to all knights bannerets, except fuch as are created by the king him ft: If in the field ; which implies, ei- ther that there are fome of this order created out of the field, or by inferior perfons. Vid. Spelm. Gloffi p. 75, a.

Banneret is alfo the name of an officer, ormagiftrate of Rome, towards the clofe of the fourteenth century. The people of that city, and throughout the territory of the church, during the difputes of the antipopes, had formed a kind of republican government; where the whole power was lodged in the hands of a magiitrate, called fenator, and twelve heads of quarters, called bannerets; by reafon of the banners which each raifed in his diftrict. Daniel, Hift. de Franc. T^ 2. p. 107. Diet. deTrev. T. 1. p. 838.

BANNISTERIA, in botany, the name given by Linnaeus to a genus of plants, firft defcribed by Plumier under the name of demaiis fpedes. The characters are thefe ; the perianthium is veryfmall and permanent, and is rigid and rough underneath, with tubercles ; and there are fmall melliferous glands placed under every jag, or fegment of the cup, except one. Thefe glands are eight in number, and the fegments of the cup are nine. The flower confifts of five very large petals, of an or- bicular figure ; they ftand wide expanded, and have long and ftrait ungues, and are crenated at the edges. The ftamina are ten extremely fmall filaments ; the anthers are iimple ; tiie germina of the piftils are three ; they are alated, and grow together; the ftyles are three, and are of afimple ftruc- ture ; the ftigmata are obtufe. There are are three fruits fuc- ceeding every flower; they are long, and run out into an ala of confiderable length ; they each contain one feed, and do not fplit. The feeds are Jingle, and have their fides indented. It is evident, from the flower, and glandules of the cup, that this genus has an affinity with the malpighia. Linnxi, Gen. Plant p. io4- Plumier, Ran. 92. See Malpighia.

BANNOCK, in food, is an oat-cake kneaded only with wa- ter, and baked in the embers. Thefe are common in Lanca- fhire, and fome other counties. Ray's, Kivi). Words, p. 5.

BANOY, the name given, by the people of the Philippine iliands,