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cause of his younger age, inay least of | Littleton. It has been said that by the all his brethren helpe himself” (S211). custom certain manors the lord had a When the state of society in the ancient right to lie with the bride of his tenant English boroughs is considered, the rea- holding in villenage, on the first night of son assigned by Littleton will appear her marriage; and that, for this reason, sufficient. The inhabitants supported the youngest son was preferred to the themselves by trade; their property con- eldest, as being more certainly the true sisted chiefly of moveables; and their son of the tenant. But this supposition real estate was ordinarily confined to the is, on many grounds, less satisfactory houses in which they carried on their than the other. Admitting the alleged business, with, perhaps, a little land at- right of the lord, it would have been a tached. Such persons were rarely able reason, perhaps, for passing over the eldest to offer an independence to their children, son, but why should the second and other but were satisfied to leave each son, as he sons have been also superseded in favour grew up, to provide for himself by his of their youngest brother? The legitiown industry. To endow a son with a macy of the eldest son alone could have portion of his goods, and send him forth been doubted, and upon this hypothesis, to seek his own fortunes, was all that a either the second son would have been burgess thought necessary; and so con- his father's heir, or all the sons except stant was this practice, that the law con- the eldest would have shared the inheritsidered the son of a burgess to be of age ance. But the existence of this barbarous so soon as he knew how to
money usage in Engla is altogether denied by truly, to measure cloths, and to carry on many (1 Stephen, Comm. 199; 3 Rep. other business of his father's of the like Real Prop. Commrs. p. 8); and even
(Glanv. lib. 7, s. 9; Bracton, if the customary fine payable to the lord lib. 2, s. 37). In this condition of life, in certain manors (especially in the the youngest son would have the least north of England) on the marriage of chance of being provided for at his the son or daughter of his villein, be adfather's death, and it was, therefore, a mitted to have been a composition of the rational custom to make provision for lord's right of concubinage (see Du Cange, him out of the real estate. But as it tit. “ Marcheta;" Co. Lit. 117 b, 140 a; might happen that the youngest son had Bract. lib. 2, § 26), it does not appear been provided for, like his brothers, before that such fines are more prevalent in the father's death, by the custom of most those places where the custom of boboroughs the father had a power of de rough-English obtains, than in other vising his tenements by will. Such a parts of the country where there are power was unknown to the common law; different rules of descent. (Robinson for without the consent of his heir no On Gavelkind, p. 387.) man could leave any portion of his inhe- But whatever may have been the origin ritance to a younger son, “because," says of the custom, it is no louger to be supGlanville, “if this were permitted, it ported by any arguments in its favour. would frequently happen that the elder if land is to be inherited by one son son would be disinherited, owing to the alone, the eldest is undoubtedly the fittest greater affection which parents often feel heir: he grows up the first, and in case towards their younger children." And of his father's death succeeds at once to the freedom of testamentary devise, en- his estate, fulfils the duties of a landowner, joyed under the custom of borough- and stands in loco parentis to his father's English, to the prejudice of heirs, was younger children, while the succession of not fully conceded by the laws of Eng- the youngest son would always be liable land until the latter part of the seven- to a long minority, during which the teenth century. (12 Car. II. c. 24.) rest of the family would derive little
The origin of the custom of borough- benefit from the estate. It is also an English has, in later times (3 Modern unquestionable objection to the custom Reports, Preface) been referred to an- that each son in succession may conceive other cause, instead of that assigned by himself to be the heir, until he is deprived of his inheritance by the birth of another The contract of bottomry in maritime brother.
law is a pledge of the ship as a security In addition to these general objections for the repayment of money advanced to to the custom, there are legal difficulties an owner for the purpose of enabling connected with its peculiarity of descent. him to carry on the voyage. It is unIn making out titles, for instance, it is derstood in this contract, which is usumuch more difficult to prove that there ally expressed in the form of a bond, was no younger son than that there was called a Bottomry Bond, that if the ship no elder son; and obscure questions must be lost on the voyage, the lender loses arise concerning the boundaries of the the whole of his money; but if the ship land subject to the custom, and respecting and tackle reach the destined port, they the limits of the custom itself in each become immediately liable, as well as the particular place where it prevails. For person of the borrower, for the money these reasons the Commissioners of Real | lent, and also the premium or interest Property, in 1832, recommended the uni- stipulated to be paid upon the loan. No versal abolition of the custom (3rd Rep. objection can be made on the ground of p. 8), which, however, is still recognised usury, though the stipulated premium by the law as an ancient rule of descent exceeds the legal rate of interest, because wherever it can be shown to prevail. the lender is liable to the casualties of the (Glanville, lib. 7, c. 3 ; Co. Litt. S 165; voyage, and is not to receive his money ist Inst. 110 b; Robinson On Gavelkind, again at all events. In France the conAppendix; 7 Bacon's Abridgment, 560, tract of bottomry is called Contrat à la tit. “ Descent;” Cowell's Law Dict. tit. grosse, and in Italy Cambio maritimo, and “ Borow-English;"Du Cange, Glossarium, is subject to different regulations by the tit. “ Marcheta ;" Regiam Magistatem, lib. respective maritime laws of those coun4, cap. 31 ; 2 Black. Coinm. 83; 1 Ste- tries. But money is generally raised in phen, Comm. 198; 3 Cruise, Digest, 388; this way by the master of the ship when 3 & 4 Will. IV. c. 106; 3rd Report of he is abroad and requires money to reReal Property Commissioners.)
pair the vessel or to procure other things BOROUGH, MUNICIPAL. [MUNI- that are necessary to enable him to comCIPAL CORPORATIONS.)
plete his voyage. If several bottomry BOROUGH, PARLIAMENTARY. bonds are given by the master for the [PARLIAMENT.)
same ship at different times, that which BOTTOMRÝ, BOTTOMREE, or is later in point of time must be satisfied BUMMAREE, is a term derived into first, according to a rule derived from the English maritime law from the Dutch the Roman law (Dig. 20, tit. 4, s. 5, 6): or Low German. In Dutch the term is the reason of this rule is, that a subsequent Bomerie or Bodemery, and in German lender by his loan preserves the security Bodmerei. It is said to be originally of a prior lender. It is a rule of Eng. derived from Boden or Bodem, which in lish law that there must be a real necesLow German and Dutch formerly signi sity to justify the master in borrowing on fied the bottom or keel of a ship; and the security of his ship. according to a common process in lan- In taking up money upon Bottomry, guage. the part being applied to the the loan is made upon the security of the whole, also denoted the ship itself. The ship alone; but when the advance is made same word, differently written, has been upon the lading, then the borrower is said used in a similar manner in the English to take up money at respondentia. In language; the expression bottom having this distinction as to the subject matter o been commonly used to signify a ship, the security consists the only difference previously to the seventeenth century, between Bottomry and Respondentia ; and being at the present day well known the rules of English maritime law being in that sense as a mercantile phrase. equally applicable to both. Thus it is a familiar mode of expression The practice of lending money on ships among merchants to speak of “ shipping or their cargo, and sometimes on the goods in foreign bottonis."
freight was common in Athens, and in other Greck commercial towns. Money sea. The interest of money lent on seathus lent was sometimes called (vavtika adventures was called Usuræ Maritima. xphuata) ship-money. Demosthenes (I. (Dig. 22, tit. 2, “ De Nautico Fænere,” Against Aphobus), in making a statement Molloy, De Jure Maritimo, lib. ii. c. 11; of the property left him by his father, Parke On Insurance, chap. xxi.; Benecke's enumerates seventy minæ lent on bot- System des Assecuranz und Bodmereitomry. If the ship and cargo were lost, wesens, bd. 4.) the lender could not recover his princi- It has been already stated that Botpal or interest; which stipulation was tomry, in its general sense, is the pledge often expressly made in the (ouyypaon) of a ship as a security for money borbond. (Demosthenes against Phormion, rowed for the purpose of a voyage. It and against Dionysodorus, c. 6, 10.) The has been conjectured that the power of a nature of the bottomry contract is shown master to pledge a ship in a foreign counin the Oration of Demosthenes against try led to the practice of an owner borDionysodorus: -- 3000 drachmæ were lent rowing money at home upon the like seon a ship, on condition of her sailing to curity. But Abbott, in his treatise on Egypt and returning to Athens; the Shipping, expresses a doubt on this matmoney was lent on the double voyage, ter, and adds that the Roman law says and the borrower contracted in writing nothing of contracts of bottomry made to return direct to Athens, and not dis- by the master of a ship in that character, pose of his cargo of Egyptian grain at according to the practice which has since any other place. He violated his contract universally prevailed. Yet there are by selling his cargo at Rhodes, having passages in the Digest (20, tit. 4, s. 5, 6) been advised by his partner at Athens which seem to imply that a master might that the price of graini had fallen in that make such a contract, for, as already obcity since the departure of the vessel. served, the ground for giving the preferThe plaintiff sought to recover principal ence to a subsequent over a prior lender and interest, of which the borrower at- is stated to be that the subsequent loan tempted to defraud him: damages also saves the prior lender's security; and we were claimed, conformably to the terms must accordingly suppose that money of the bond. As neither principal nor could be borrowed by the master when interest could be demanded if the vessel he found it necessary for the preservation were lost, it was a common plea on the of the ship or cargo. part of the borrower that the ship was The terms bottomry and respondentia wrecked. The rate of interest for money are also applied to contracts for the repay. thus lent was of course higher than the ment of money lent merely on the hazard usual rate. The speech of Demosthenes of a voyage-for instance, a sum of money Against Lacritus contains a complete Bot- lent to a merchant to be employed in trade, tomry contract, which clearly shows the and to be repaid with extraordinary innature of these loans at Athens.
terest if the voyage is safely performed. Money was also lent, under the name This is in fact the Usuræ Maritimæ of the of pecunia trajectitia, on ships and their Romans. But the stat. 7 Geo. I. c. 21, cargo among the Romans, and regulated $ 2, made null and void all contracts by by various legal provisions. But it ap- any of his Majesty's subjects, or any perpears that the money was merely lent on son in trust for them, for or upon the condition of being repaid if the ship loan of money by way of bottomry on any made her voyage safe within a certain ships in the service of foreigners, and time, and that the creditor had no claim bound or designed to trade in the East on the ship unless it was specifically Indies or places beyond the Cape of Good pledged. The rate of interest was not Hope. Another statute, 19 Geo. II limited by law, as in the case of other c. 37, enacted that all moneys lent on loans, for the lender ran the risk of bottomry or respondentia on vessels bound losing all if the ship was wrecked; but to or from the East Indies shall be exthis extraordinary rate of interest was pressly lent only on the ship or on the only due while the vessel was actually at I merchandise; that the lender shall have
the benefit of salvage; and that if the merous.” After the publication of Adam borrower has not an interest in the ship, Smith's work bounties began to be reor in the effects on board, to the value of garded with less favour, and have at the sum borrowed, he shall be responsible length sunk into complete discredit. to the lender for so much of the principal They are now no longer relied upon as a as has not been laid out, with legal in- means of furthering the true interests of terest and all other charges, though the commerce. The policy of bounties was ship and merchandise be totally lost. very materially connected with the With the exception of the cases provided opinions of a former day respecting the for by these two statutes, money may balance of trade. (BALANCE OF TRADE.] still be lent on the hazard of a voyage. It was thought that they operated in Bottomry is sometimes treated as a part turning the balance in our favour, of the law of insurance, whereas it is quite Adam Smith remarks : –
:-“ By means a different thing. For further information, of bounties our merchants and manasee Abbott, On Shipping ; Parke, System facturers, it is pretended, will be enof the Law of Marine Insurance.
abled to sell their goods as cheap or It is observed in the Staats-Lexicon' cheaper than their rivals in the foreign of Rotteck and Welcker, art. “ Bodmerei,” markets.
We cannot (he adds) that Bodmerei " is a loan for a sea- force foreigners to buy their goods, as voyage, in which the ship becomes we have done our own countrymen. The pledged. In this simplest form, at least, next best expedient, it has been thought, it is possible that this kind of transaction therefore, is to pay them for buying." may have originated among the German Bounties in truth effect nothing more nations. And so it is still viewed in the than this. The propositions maintained English law, even where the ship is not by Adam Smith are, that every trade is expressly pledged.” This, however, is a in a natural state when goods are sold for misstatement of the English law. The a price which replaces the whole capital same article, after some general remarks employed in preparing and sending them on Bottomry, which it is to be presumed to the market with something in addition apply to the German states, adds—" that, in the shape of profit. Such a trade in fact, Bottomry now generally occurs needs no bounties. Individual interest is only in cases when the master of a ship, sufficient to prompt men to engage in during the voyage, requires money, and carrying it on. On the other hand, when obtains a loan for the purpose of prose- goods are sold at a price wliich does not cuting it, for which he has no better replace the cost of the raw material, the security to offer than the ship itself. This wages of labour and all the incidental transaction also differs from the usual con- expenses which have been incurred in tract of pledge in this: that the owner bringing them into a state fit for the himself does not pledge the ship; but the market, together with the manufacturer's captain is considered as the agent of the profits; that is, when they are sold at a owner, and as doing what is necessary for loss, the manufacturer will cease to prohis interest under the circumstances." duce an unprofitable article, and this
BOUNTY, a sum of money paid by particular branch of industry will soon government to the persons engaged in become extinct. It perhaps happens that certain branches of commerce, manufac- the general interests of the country are tures, or other branch of industry. thought to be peculiarly connected with
The question of bounties and their im- the species of industry in question, and policy is discussed by Adam Smith in his that it therefore behoves government to Wealth of Nations,' book iv. chap. 5; take means for preventing its falling into and the subject has also been treated in a decay. At this point commences the very complete manner by the late Mr. operation of bounties, which are devised Ricardo in his · Principles of Political for the purpose of producing an equiliEconomy and Taxation. When Postle- brium between the cost of production, the thwaite published his Dictionary of Com- market-price, and a remunerating price, perce,' in 1774, bounties were very nu- the last of which alone promotes the constant activity of every species of industry. refined ; but by improvements in the Smith observes, “The bounty is given in mode of refining, a less quantity of raw order to make up this loss, and to encou- sugar may be required in manufacturing 20 rage a man to continue or perhaps to cwts. of retined sugar; and the draw back begin a trade of which the expense is on the difference is in reality a bounty. supposed to be greater than the returns ; ; BOUNTY, QUEEN ANNE'S. (BEof which every operation eats up a part NEFICE, pp. 343, 345.] of the capital employed in it, and which BREAD. [ADULTERATION; Assize.] is of such a nature, that if all other trades BREVET, in France, denotes any resembled it, there would soon be no warrant granted by the sovereign to an capital left in the country.” And he individual in order to entitle him to per. adds :--" The trades, it is to be observed, form the duty to which it refers. In the which are carried on by means of boun- British service, the term is applied to a ties are the only ones which can be car- commission conferring on an officer a ried on between two nations for any con- degree of rank immediately above that siderable time together, in such a manner which he holds in his particular regias that one of them shall always and ment; without, however, conveying a regularly lose, or sell its goods for less power to receive the corresponding pay. than they really cost. . ... The effect Brevet rank does not exist in the royal of bounties, therefore, can only be to force navy, and in the army it neither descends the trade of a country into a channel lower than that of captain, nor ascends much less advantageous than that in above that of lieutenant-colonel. It is which it would naturally run of its own given as the reward of some particular accord.”
service which may not be of so importOne of the most striking instances of ant a nature as to deserve an immediate the failure of the bounty system occurred appointment to the full rank: it however about the middle of the last century in qualifies the officer to succeed to that rank connexion with the white herring fishery. on a vacancy occurring, in preference to Tempted by liberal bounties persons one not holding such brevet, and whose rashly ventured into the business without regimental rank is the same as his own. a knowledge of the mode of carrying it In the fifteenth section of the Articles on in the most economical and judicious of War it is stated that an officer having manner, and in no very long space of a brevet commission, while serving on time a joint-stock of 500,000l. was nearly courts-martial formed of officers drawn all lost.
from differrent regiments, or when in The bounty on the exportation of corn garrison, or when joined to a detachinent was given up in 1815 (Corn TRADE), and composed of different corps, takes prece that on the exportation of herrings, linen, dence according to the rank given him in and several other articles ceased in 1830. i his brevet, or according to the date of any In 1824 the sums paid as bounties for former commission ; but while serving promoting fisheries, linen manufactures, on courts-martial or with a detachment &c. in the United Kingdom was 536,228l.; composed only of his own regiment, he 273,2691. in 1828; 170,9991. in 1831;| does duty and takes rank according to and in 1832 and 1833 the sums of 76,5721. the date of his commission in that regiand 14,7131. respectively.
ment. Brevet rank, therefore, is to be Bounties are not now allowed on any considered effectual for every military article of export; but in some cases it is purpose in the army generally, but of no believed that DRAWBACKS constitute in avail in the regiment to which the officer reality a bounty, being greater than the holding it belongs, unless it be wholly or duty which has been paid on the article. in part united for a temporary purpose The drawback on refined sugar, for in- with some other corps. (Samuel's Hist. stance, has been fixed at a certain amount Account of the British Army, p. 615.) proportioned to the quantity of raw sugar Something similar to the brevet rank supposed to have been used, which is cal above described must bave existed in the culated at 34 cwts. of raw to 20 cwts. of French service under the old monarchy,