Page:EB1911 - Volume 04.djvu/920

 BYEZHETSK, a town of Russia, in the government of Tver, and 70 m. N.N.E. of the city of that name, on the right bank of the Mologa, in 57° 46′ N. lat. and 36° 43′ E. long. Pop. (1860) 5423; (1897) 9090. It is mentioned in the chronicles of 1137. On the fall of Novgorod, to which it had belonged, it was incorporated (1479) with the grand-duchy of Moscow. The town is famous for its scythes and shearing hooks, but makes also axes, nails and other hardware, and trades in grain, linen, hemp and flax.

BY-LAW, or (by- being used in the sense of subordinate or secondary, cf. by-path), a regulation made by councils, boards, corporations and companies, usually under statutory power, for the preservation of order and good government within some place or jurisdiction. When made under authority of a statute, by-laws must generally, before they come into operation, be submitted to some confirming authority for sanction and approval; when approved, they are as binding as enacted laws. By-laws must be reasonable in themselves; they must not be retrospective nor contrary to the general law of the land. By various statutes powers are given to borough, county and district councils, to make by-laws for various purposes; corporate bodies, also, are empowered by their charters to make by-laws which are binding on their members. Such by-laws must be in harmony with the objects of the society and must not infringe or limit the powers and duties of its officers.

BYLES, MATHER (1706–1788), American clergyman, was born in Boston, Massachusetts, on the 26th of March 1706, descended, on his mother’s side, from John Cotton and Richard Mather. He graduated at Harvard in 1725, and in 1733 became pastor of the Hollis Street church (Congregational), Boston. He held a high rank among the clergy of the province and was noted for his scholarly sermons and his ready wit. At the outbreak of the War of Independence he was outspoken in his advocacy of the royal cause, and after the British evacuation of Boston his connexion with his church was dissolved. He remained in Boston, however, and subsequently (1777) was arrested, tried and sentenced to deportation. This sentence was later changed to imprisonment in his own house. He was soon released, but never resumed his pastorate. He died in Boston on the 5th of July 1788. Besides many sermons he published A Poem on the Death of George I. (1727) and Miscellaneous Poems (1744).

His son, (1735–1814), graduated at Harvard in 1751, and was a Congregational clergyman at New London, Connecticut, until 1768, when he entered the Established Church, and became rector of Christ church, Boston. Sympathizing with the royal cause, he settled, after the War of Independence, in St Johns, New Brunswick, where he was rector of a church until his death.

BYNG, JOHN (1704–1757), British admiral, was the fourth son of George Byng, Lord Torrington, and entered the navy in 1718. The powerful influence of his father accounts for his rapid rise in the service. He received his first appointment as lieutenant in 1723, and became captain in 1727. His career presents nothing of note till after his promotion as rear-admiral in 1745, and as vice-admiral in 1747. He served on the most comfortable stations, and avoided the more arduous work of the navy. On the approach of the Seven Years’ War the island of Minorca was threatened by an attack from Toulon and was actually invaded in 1756. Byng, who was then serving in the Channel with the rank of admiral, which he attained in 1755, was ordered to the Mediterranean to relieve the garrison of Fort St Philip, which was still holding out. The squadron was not very well manned, and Byng was in particular much aggrieved because his marines were landed to make room for the soldiers who were to reinforce the garrison, and he feared that if he met a French squadron after he had lost them he would be dangerously undermanned. His correspondence shows clearly that he left prepared for failure, that he did not believe that the garrison could hold out against the French force landed, and that he was already resolved to come back from Minorca if he found that the task presented any great difficulty. He wrote home to that effect to the ministry from Gibraltar. The governor of the fortress refused to spare any of his soldiers to increase the relief for Minorca, and Byng sailed on the 8th of May. On the 19th he was off Minorca, and endeavoured to open communications with the fort. Before he could land any of the soldiers, the French squadron appeared. A battle was fought on the following day. Byng, who had gained the weather gauge, bore down on the French fleet of M. de la Galissonière at an angle, so that his leading ships came into action unsupported by the rest of his line. The French cut the leading ships up, and then slipped away. When the flag captain pointed out to Byng that by standing out of his line he could bring the centre of the enemy to closer action, he declined on the ground that Thomas Mathews had been condemned for so doing. The French, who were equal in number to the English, got away undamaged. After remaining near Minorca for four days without making any further attempt to communicate with the fort or sighting the French, Byng sailed away to Gibraltar leaving Fort St Philip to its fate. The failure caused a savage outburst of wrath in the country. Byng was brought home, tried by court-martial, condemned to death, and shot on the 14th of March 1757 at Portsmouth. The severity of the penalty, aided by a not unjust suspicion that the ministry sought to cover themselves by throwing all the blame on the admiral, led in after time to a reaction in favour of Byng. It became a commonplace to say that he was put to death for an error of judgment. The court had indeed acquitted him of personal cowardice or of disaffection, and only condemned him for not having done his utmost. But it must be remembered that in consequence of many scandals which had taken place in the previous war the Articles of War had been deliberately revised so as to leave no punishment save death for the officer of any rank who did not do his utmost against the enemy either in battle or pursuit. That Byng had not done all he could is undeniable, and he therefore fell under the law. Neither must it be forgotten that in the previous war in 1745 an unhappy young lieutenant, Baker Phillips by name, whose captain had brought his ship into action unprepared, and who, when his superior was killed, surrendered the ship when she could no longer be defended, was shot by sentence of a court-martial. This savage punishment was approved by the higher officers of the navy, who showed great lenity to men of their own rank. The contrast had angered the country, and the Articles of War had been amended precisely in order that there might be one law for all.

BYNKERSHOEK, CORNELIUS VAN (1673–1743), Dutch jurist, was born at Middleburg in Zeeland. In the prosecution of his legal studies, and while holding the offices first of member and afterwards of president of the supreme court, he found the common law of his country so defective as to be nearly useless for practical purposes. This abuse he resolved to reform, and took as the basis of a new system the principles of the ancient Roman law. His works are very voluminous. The most important of them are De foro legatorum (1702); Observationes Juris Romani (1710), of which a continuation in four books appeared in 1733; the treatise De Dominio Maris (1721); and the Quaestiones Juris Publici (1737). Complete editions of his works were published after his death; one in folio at Geneva in 1761, and another in two volumes folio at Leiden in 1766.

BYRD, WILLIAM (1543–1623), English musical composer, was probably a member of one of the numerous Lincolnshire families of the name who were to be found at Lincoln, Spalding, Pinchbeck, Moulton and Epworth in the 16th century. According to Wood, he was “bred up to musick under Thomas Tallis.” He was appointed organist of Lincoln cathedral about 1563, and on the 14th of September 1568 was married at St Margaret in the Close to Ellen or Julian Birley. On the 22nd of February 1569 he was sworn in as a member of the Chapel Royal, but he does not seem to have left Lincoln immediately. In the Chapel Royal he shared with Tallis the honorary post of organist, and on the 22nd