bargain, bargan, bargane, bergane

[O. Fr. bargaine, bargagne, bargaigne; Prov. bargan, barganha; Port. barganha; Ital. bargagno. Compare also Icel bardaga = battle.] [BARGAIN, v.] A. Ordinary Language: L Originally Contention, strife, quarrel ling. (O. Eng. & Scotch.) "This is the strike, eke th' affraie, And the battel that lasteth aie. This bargaine may never take, But that if she thy pece will make." Romaunt of the Rose, 2,551. "Thare was ane hidduous battal for to sene As thare nane uthir bargane are had bene." Douglas: Eneid , bk. ii. (S. in Boucher .. II. Subsequently : 1. Generally: (1) An agreement, stipulation, or contract between two parties, the one of whom engages to part with certain property for a specified price, and the other to give that price for it, and accept the property as his own. n. In important bargains or public treaties among the ancient Romans, a swine was sacrificed, the person who gave it the death-blow formally expre ing the wish that Jupiter might similarly strike or smite the Roman people if they were unfaithful to their stipulations (see Livy , i. 24). From this, perhaps, came the phrase still common, "to strike a bargain," meaning simply to make a bargain with due formalities. Or there may be a reference to the striking hands mentioned in Prov. xxii. 26; vi. 1; also xi. 15 (margin). "A bargain was struck: a sixpence was broken; and all the arrangements were made for the voyage.' -Macaulay: Hist . Eng ., ch. xvi, Into the bargain: In addition, beyond what was stipulated for or expected. "Give me but my price for the other two, and you shall even have that into the bargain."-L'Estrange. "He who is at the charge of a tutor at home, ome, may give his son a more geuteel carriage, with greater learning into the bargain , than any at school can do." -Locke. (2) Mercenarine ; interested stipulation. "There was a difference between courtesies received from their master and the duke; for that the duke's might have ends of utility and bargain , whereas their master's could not."- Bacon . 2. Specially : (1) Lit. In a favourable sense: An article purchased at an advantageous rate. "As to bargains , few of them seem to be excellent, because they all terminate into one single point." Swift . (2) Figuratively : (a) Chiefly in an unfavourable sense: An event affecting one's destiny or interests. "I am sorry for thy misfortune; however, we must make the best of a bad bargain ."-Arbuthnot: History of John Bull. (b) An indelicate repartee. "Where sold he bargains , whipstitch?"-Dryden. B. Law. Bargain and Sale: A kind of conveyance introduced by the "Statute of Uses.” It is a kind of real contract in which the "bargain or" for some pecuniary transaction bargains and sells, that is, contracts to convey, the land of the "bargainee," and becomes by such bargain a trustee for, or seised to the use of, the bargainee. The Statute of Uses completes the purchase; in other words, the 440 bargain first vests the use, and then the statute vests the po e ion. (See Black stone's Comment., bk. ii., ch. 20.)