FOOTNOTE:

[1] Subgenera are indicated by round, synonyms by square brackets.

BRACHISTOCHRONE (from the Gr. [Greek: brachistos], shortest, and

[Greek: chronos], time), a term invented by John Bernoulli in 1694 to

denote the curve along which a body passes from one fixed point to

another in the shortest time. When the directive force is constant, the

curve is a cycloid (q.v.); under other conditions, spirals and other

curves are described (see MECHANICS).

BRACHYCEPHALIC (Gr. for short-headed), a term invented by Andreas

Retzius to denote those skulls of which the width from side to side was

little less than the length from front to back, their ratio being as 80

to 100, as in those of the Mongolian type. Thus taking the length as

100, if the width exceeds 80, the skull is to be classed as

brachycephalic. The prevailing form of the head of civilized races is

brachycephalic. It is supposed that a brachycephalic race inhabited

Europe before the Celts. Among those peoples whose heads show marked

brachycephaly are the Indo-Chinese, the Savoyards, Croatians,

Bavarians, Lapps, Burmese, Armenians and Peruvians. (See CRANIOMETRY.)

BRACKYLOGUS (from Gr. [Greek: brachys], short, and [Greek: logos],

word), title applied in the middle of the 16th century to a work

containing a systematic exposition of the Roman law, which some writers

have assigned to the reign of the emperor Justinian, and others have

treated as an apocryphal work of the 16th century. The earliest extant

edition of this work was published at Lyons in 1549, under the title of

_Corpus Legum per modum Institutionum_; and the title _Brachylogus

totius Juris Civilis_ appears for the first time in an edition published

at Lyons in 1553. The origin of the work may be referred with great

probability to the 12th century. There is internal evidence that it was

composed subsequently to the reign of Louis le Debonnaire (778-840), as

it contains a Lombard law of that king's, which forbids the testimony of

a clerk to be received against a layman. On the other hand its style and

reasoning is far superior to that of the law writers of the 10th and

11th centuries; while the circumstance that the method of its author has

not been in the slightest degree influenced by the school of the

Gloss-writers (Glossatores) leads fairly to the conclusion that he wrote

before that school became dominant at Bologna. Savigny, who traced the

history of the _Brachylogus_ with great care, is disposed to think that

it is the work of Irnerius himself (_Geschichte des rom. Rechts im

Mittelalter_). Its value is chiefly historical, as it furnishes evidence

that a knowledge of Justinian's legislation was always maintained in

northern Italy. The author of the work has adopted the _Institutes_ of

Justinian as the basis of it, and draws largely on the _Digest_, the

_Code_ and the _Novels_; while certain passages, evidently taken from

the _Sententiae Receptae_ of Julius Paulus, imply that the author was

also acquainted with the Visigothic code of Roman law compiled by order

of Alaric II.

An edition by E. Bocking was published at Berlin in 1829, under the

title of _Corpus Legum sive Brachylogus Juris Civilis_. See also H.

Fitting, _Uber die Heimath und das Alter des sogenannten Brachylogus_

(Berlin, 1880).

BRACKET, in architecture and carpentering, a projecting feature either

in wood or metal for holding things together or supporting a shelf. The

same feature in stone is called a "console" (q.v.). In furniture it is a

small ornamental shelf for a wall or a corner, to bear knick-knacks,

china or other bric-a-brac. The word has been referred to "brace,"

clamp, Lat. _bracchium_, arm, but the earliest form "bragget" (1580)

points to the true derivation from the Fr. _braguette_, or Span.

_bragueta_ (Lat. _bracae_, breeches), used both of the front part of a

pair of breeches and of the architectural feature. The sense development

is not clear, but it has no doubt been influenced by the supposed

connexion with "brace."

BRACKET-FUNGI. The term "bracket" has been given to those hard, woody

fungi that grow on trees or timber in the form of semicircular brackets.

They belong to the order _Polyporeae_, distinguished by the layer of

tubes or pores on the under surface within which the spores are borne.

The mycelium, or vegetable part of the fungus, burrows in the tissues of

the tree, and often destroys it; the "bracket" represents the fruiting

stage, and produces innumerable spores which gain entrance to other

trees by some wound or cut surface; hence the need of careful forestry.

Many of these woody fungi persist for several years, and a new layer of

pores is superposed on the previous season's growth.

BRACKLESHAM BEDS, in geology, a series of clays and marls, with sandy

and lignitic beds, in the Middle Eocene of the Hampshire Basin, England.

They are well developed in the Isle of Wight and on the mainland

opposite; and receive their name from their occurrence at Bracklesham in

Sussex. The thickness of the deposit is from 100 to 400 ft. Fossil

mollusca are abundant, and fossil fish are to be found, as well as the

_Palaeophis_, a sea-snake. Nummulites and other foraminifera also occur.

The Bracklesham Beds lie between the Barton Clay above and the

Bournemouth Beds, Lower Bagshot, below. In the London Basin these beds

are represented only by thin sandy clays In the Middle Bagshot group.

In the Paris Basin the "Calcaire grossier" lies upon the same geological

horizon.

See F. Dixon, _Geology of Sussex_ (new ed., 1878); F.E. Edwards and

S.V. Wood, "Monograph of Eocene Mollusca," _Palaeontographical Soc._

vol. i. (1847-1877); "Geology of the Isle of Wight," _Mem. Geol.

Survey_ (2nd ed., 1889); C. Reid, "The Geology of the Country around

Southampton," _Mem. Geol. Survey_ (1902).

BRACKLEY, THOMAS EGERTON, VISCOUNT (c. 1540-1617), English lord

chancellor, was a natural son of Sir Richard Egerton of Ridley,

Cheshire. The exact date of his birth is unrecorded, but, according to

Wood,[1] when he became a commoner at Brasenose College, Oxford, in

1556, he was about seventeen. He entered Lincoln's Inn in 1559, and was

called to the bar in 1572, being chosen a governor of the society in

1580, Lent reader in 1582, and treasurer in 1588. He early obtained

legal renown and a large practice, and tradition relates that his

skilful conduct of a case against the crown gained the notice of

Elizabeth, who is reported to have declared: "In my troth he shall never

plead against me again." Accordingly, on the 26th of June 1581, he was

made solicitor-general. He represented Cheshire in the parliaments of

1585 and 1586, but in his official capacity he often attended in the

House of Lords. On the 3rd of March 1589 the Commons desired that he

should return to their house, the Lords refusing on the ground that he

was called by the queen's writ to attend in the Lords before his

election by the House of Commons.[2] He took part in the trial of Mary,

queen of Scots, in 1586, and advised that in her indictment she should

only be styled "commonly called queen of Scots," to avoid scruples about

judging a sovereign. He conducted several other state prosecutions. On

the 2nd of June 1592 he was appointed attorney-general, and was knighted

and made chamberlain of Chester in 1593. On the 10th of April 1594 he

became master of the rolls, and on the 6th of May 1596 lord keeper of

the great seal and a privy councillor, remaining, however, a commoner as

Sir Thomas Egerton, and presiding in the Lords as such during the whole

reign of Elizabeth. He kept in addition the mastership of the rolls, the

whole work of the chancery during this period falling on his shoulders

and sometimes causing inconvenience to suitors[3]. His promotion was

welcomed from all quarters. "I think no man," wrote a contemporary to

Essex, "ever came to this dignity with more applause than this worthy

gentleman."[4]

Egerton became one of the queen's most trusted advisers and one of the

greatest and most striking figures at her court. He was a leading member

of the numerous special commissions, including the ecclesiastical

commission, and was the queen's interpreter in her communications to

parliament. In 1598 he was employed as a commissioner for negotiating

with the Dutch, obtaining great credit by the treaty then effected, and

in 1600 in the same capacity with Denmark. In 1597, in consequence of

his unlawful marriage with his second wife, in a private house without

banns, the lord keeper incurred a sentence of excommunication, and was

obliged to obtain absolution from the bishop of London.[5] He was a firm

friend of the noble but erratic and unfortunate Essex. He sought to

moderate his violence and rashness, and after the scene in the council

in July 1598, when the queen struck Essex and bade him go and be hanged,

he endeavoured to reconcile him to the queen in an admirable letter

which has often been printed.[6] On the arrival of Essex in London

without leave from Ireland, and his consequent disgrace, he supported

the queen's just authority, avoiding at the same time any undue severity

to the offender. Essex was committed to his custody in York House from

the 1st of October 1599 till the 5th of July 1600, when the lord keeper

used his influence to recover for him the queen's favour and gave him

kindly warnings concerning the necessity for caution in his conduct. On

the 5th of June 1600 he presided over the court held at his house, which

deprived Essex of his offices except that of master of the horse,

treating him with leniency, not pressing the charge of treason but only

that of disobedience, and interrupting him with kind intentions when he

attempted to justify himself. After the trial he tried in vain to bring

Essex to a sense of duty. On the 8th of February 1601, the day fixed for

the rebellion, the lord keeper with other officers of state visited

Essex at Essex House to demand the reason of the tumultuous assemblage.

His efforts to persuade Essex to speak with him privately and explain

his "griefs," and to refrain from violence, and his appeal to the

company to depart peacefully on their allegiance, were ineffectual, and

he was imprisoned by Essex for six hours, the mob calling out to kill

him and to throw the great seal out of the window. Subsequently he

abandoned all hope of saving Essex, and took an active part in his

trial. On the 13th of February he made a speech in the Star Chamber,

exposing the wickedness of the rebellion, and of the plot of Thomas Lea

to surprise Elizabeth at her chamber door.[7] In July 1602, a few months

before her death, Elizabeth visited the lord keeper at his house at

Harefield in Middlesex, and he was one of those present during her last

hours who received her faltering intimation as to her successor.

On the accession of James I., Sir Thomas Egerton was reappointed lord

keeper, resigning the mastership of the rolls in May 1603, and the

chamberlainship of Chester in August. On the 21st of July he was created

Baron Ellesmere, and on the 24th lord chancellor. His support of the

king's prerogative was too faithful and undiscriminating. He approved of

the harsh penalty inflicted upon Oliver St John in 1615 for denying the

legality of benevolences, and desired that his sentencing of the

prisoner "might be his last work to conclude his services."[8] In May

1613 he caused the committal of Whitelocke to the Fleet for questioning

the authority of the earl marshal's court. In 1604 he came into

collision with the House of Commons. Sir Francis Goodwin, an outlaw,

having been elected for Buckinghamshire contrary to the king's

proclamation, the chancellor cancelled the return when made according to

custom into chancery, and issued writs for a new election. The Commons,

however, considering their privileges violated, restored Goodwin to his

seat, and though the matter was in the present instance compromised by

the choice of a third party, they secured for the future the right of

judging in their own elections. He was at one with James in desiring to

effect the union between England and Scotland, and served on the

commission in 1604; and the English merchants who opposed the union and

community of trade with the Scots were "roundly shaken by him." In 1608,

in the great case of the Post Nati, he decided, with the assistance of

the fourteen judges, that those born after the accession of James I. to

the throne of England were English subjects and capable of holding lands

in England; and he compared the two dissentient judges to the apostle

Thomas, whose doubts only confirmed the faith of the rest. He did not,

however, always show obedience to the king's wishes. He opposed the

latter's Spanish policy, and in July 1615, in spite of James's most

peremptory commands and threats, refused to put the great seal to the

pardon of Somerset. In May 1616 he officiated as high steward in the

trial of the latter and his countess for the murder of Overbury. He was

a rigid churchman, hostile to both the Puritans and the Roman Catholics.

He fully approved of the king's unfriendly attitude towards the former,

adopted at the Hampton Court conference in 1604, and declared, in

admiration of James's theological reasoning on this occasion, that he

had never understood before the meaning of the legal maxim, _Rex est

mixta persona cum sacerdote_. In 1605 he opposed the petition for the

restitution of deprived Puritan ministers, and obtained an opinion from

the judges that the petition was illegal. He supported the party of

Abbot against Laud at Oxford, and represented to the king the unfitness

of the latter to be president of St John's College. In 1605 he directed

the judges to enforce the penal laws against the Roman Catholics.

His vigorous and active public career closed with a great victory gained

over the common law and his formidable antagonist, Sir Edward Coke. The

chancellor's court of equity had originated in the necessity for a

tribunal to decide cases not served by the common law, and to relax and

correct the rigidity and insufficiency of the latter's procedure. The

two jurisdictions had remained bitter rivals, the common-law bar

complaining of the arbitrary and unrestricted powers of the chancellor,

and the equity lawyers censuring and ridiculing the failures of justice

in the courts of common law. The disputes between the courts, concerning

which the king had already in 1615 remonstrated with the chancellor and

Sir Edward Coke,[9] the lord chief justice, came to a crisis in 1616,

when the court of chancery granted relief against judgments at common

law in the cases of _Heath v. Rydley_ and _Courtney v. Granvil_. This

relief was declared by Coke and other judges sitting with him to be

illegal, and a counter-attack was made by a praemunire, brought against

the parties concerned in the suit in chancery. The grand jury, however,

refused to bring in a true bill against them, in spite of Coke's threats

and assurances that the chancellor was dead, and the dispute was

referred to the king himself, who after consulting his counsel and on

Bacon's advice decided in favour of equity. The chancellor's triumph was

a great one, and from this time the equitable jurisdiction of the court

of chancery was unquestioned. In June 1616 he supported the king in his

dispute with and dismissal of Coke in the case of the _commendams_,

agreeing with Bacon that it was the judge's duty to communicate with the

king, before giving judgments in which his interests were concerned, and

in November warned the new lord chief justice against imitating the

errors of his predecessor and especially his love of "popularity."[10]

Writing in 1609 to Salisbury, the chancellor had described Coke (who had

long been a thorn in his flesh) as a "frantic, turbulent and idle broken

brayned fellow," apologizing for so often troubling Salisbury on this

subject, "no fit exercise for a chancellor and a treasurer."[11] He now

summoned Coke before him and communicated to him the king's

dissatisfaction with his _Reports_, desiring, however, to be spared

further service in his disgracing. After several petitions for leave to

retire through failing health, he at last, on the 3rd of March 1617,

delivered up to James the great seal, which he had held continuously for

the unprecedented term of nearly twenty-one years. On the 7th of

November 1616 he had been created Viscount Brackley, and his death took

place on the 15th of March 1617. Half an hour before his decease James

sent Bacon, then his successor as lord keeper, with the gift of an

earldom, and the presidentship of the council with a pension of L3000 a

year, which the dying man declined as earthly vanities with which he had

no more concern. He was buried at Dodleston in Cheshire.

As Lord Chancellor Ellesmere he is a striking figure in the long line of

illustrious English judges. No instance of excessive or improper use of

his jurisdiction is recorded, and the famous case which precipitated the

contest between the courts was a clear travesty of justice, undoubtedly

fit for the chancellor's intervention. He refused to answer any

communications from suitors in his court,[12] and it was doubtless to

Ellesmere (as weeding out the "enormous sin" of judicial corruption)[13]

that John Donne, who was his secretary, addressed his fifth satire. He

gained Camden's admiration, who records an anagram on his name, "Gestat

Honorem." Bacon, whose merit he had early recognized, and whose claims

to the office of solicitor-general he had unavailingly supported both in

1594 and 1606, calls him "a true sage, a salvia in the garden of the

state," and speaks with gratitude of his "fatherly kindness." Ben

Jonson, among the poets, extolled in an epigram his "wing'd judgements,"

"purest hands," and constancy. Though endowed with considerable

oratorical gifts he followed the true judicial tradition and affected to

despise eloquence as "not decorum for judges, that ought to respect the

Matter and not the Humours of the Hearers."[14] Like others of his day

he hoped to see a codification of the laws,[15] and appears to have had

greater faith in judge-made law than in statutes of the realm, advising

the parliament (October 27, 1601) "that laws in force might be revised

and explained and no new laws made," and describing the Statute of Wills

passed in Henry VIII.'s reign as the "ruin of ancient families" and "the

nurse of forgeries." In the thirty-eighth year of Elizabeth he drew up

rules for procedure in the Star Chamber,[16] restricting the fees, and

in the eighth of James I. ordinances for remedying abuses in the court

of chancery. In 1609 he published his judgment in the case of the Post

Nati, which appears to be the only certain work of his authorship. The

following have been ascribed to him:--_The Privileges and Prerogatives

of the High Court of Chancery_ (1641); _Certain Observations concerning

the Office of the Lord Chancellor_ (1651)--denied by Lord Chancellor

Hardwicke in _A Discourse of the Judicial Authority of the Master of the

Rolls_ (1728) to be Lord Ellesmere's work; _Observations on Lord Coke's

Reports_, ed. by G. Paul (about 1710), the only evidence of his

authorship being apparently that the MS. was in his handwriting; four

MSS., bequeathed to his chaplain, Bishop Williams, viz. _The Prerogative

Royal, Privileges of Parliament, Proceedings in Chancery_ and _The Power

of the Star Chamber; Notes and Observations on Magna Charta, &c._, Sept.

1615 (Harl. 4265, f. 35), and _An Abridgment of Lord Coke's Reports_

(see MS. note by F. Hargrave in his copy of _Certain Observations

concerning the Office of Lord Chancellor_, Brit. Mus. 510 a 5, also

_Life of Egerton_, p. 80, note T, catalogue of Harleian collection, and

Walpole's _Royal and Noble Authors_, 1806, ii. 170).

He was thrice married. By his first wife, Elizabeth, daughter of Thomas

Ravenscroft of Bretton, Flintshire, he had two sons and a daughter. The

elder son, Thomas, predeceased him, leaving three daughters. The

younger, John, succeeded his father as 2nd Viscount Brackley, was

created earl of Bridgewater, and, marrying Lady Frances Stanley

(daughter of his father's third wife, widow of the 5th earl of Derby),

was the ancestor of the earls and dukes of Bridgewater (q.v.), whose

male line became extinct in 1829. In 1846 the titles of Ellesmere and

Brackley were revived in the person of the 1st earl of Ellesmere (q.v.),

descended from Lady Louisa Egerton, daughter and co-heir of the 1st duke

of Bridgewater.

No adequate life of Lord Chancellor Ellesmere has been written, for

which, however, materials exist in the Bridgewater MSS., very scantily

calendared in _Hist. MSS. Comm._ 11th Rep. p. 24, and app. pt. vii. p.

126. A small selection, with the omission, however, of personal and

family matters intended for a separate projected _Life_ which was

never published, was edited by J.P. Collier for the Camden Society in

1840.

Encyclopaedia Britannica, 11th Edition, "Borgia, Lucrezia" to "Bradford, John" Volume 4, Slice 3 · 第 45 / 46 题