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healthy body, and many things which were necessary to health are Records belonging to the Old and New Testament, London, 1727-8. supporters of disease, as the usual amount of food, of bodily and Whiston has a dissertation to prove the authenticity of the work, but mental exertion, &c.; so that exclusion from them becomes neces- his arguments are neither worth repeating nor refuting. It is unsary, and this again further modifies the performance of the disordered doubtedly spurious. There is no evidence to prove that it ever functions,

existed in Hebrew, and the earliest reference to it by any ancient The history of a disease is completed by the process of natural writer is one by Origen, who expressly asserts that it formed no part recovery or by the observation of the changes in the structure of the of the canon. Lardner has a very good notice of the work. (Credibody which it produces. The influence of remedies cannot justly be bility,' pt. ii., ch. xxix., s. 3.) considered as a branch of pathology; though most important for The author of this book was probably a converted Jew, though not, their utility, still, in their relations to the natural history of a disease, as Cave supposed, a Judaising Christian. It seems to have been medicines can only be regarded as interfering circumstances, or as the written about the end of the 2nd century. means of experiments for the determination of the relation of the dis- Patriarch, in Church history, was also the ecclesiastical chief of a eased body to particular agents, by which the nature of the disorder diocese, which included several provinces. It is not known at what affecting it may be sometimes ascertained.

time this title was introduced into the Church, but before the 4th The recovery from disease is an example of the exercise of that century the bishops of Rome, Antioch, and Alexandria, had obtained a power by which the body an make unusual efforts to prevent its degree of pre-eminence over the other bishops. In the time of Conown destruction : this has been called the vis medicatrix naturæ, or stantine the Great the bishop of Constantinople was made to rank with curative force of nature. It is exerted in many cases in which dis- the three just mentioned; and either then or not long after the title ease cannot be said to exist, but where rather there is an exaggeration of patriarch was given to these four prelates. The number of these of health; as, for example, when a muscle subjected to unusual exer- dignitaries was increased in the 5th century. The patriarch of Constantion and an unusually great amount of waste not only repairs its loss, tinople reduced under his jurisdiction those of Antioch and Alexandria, but actually becomes larger and stronger, so that it can bear the same and obtained the title of “Universal Patriarch.” The bishop of Rome amount of constant waste better than at first; or as when a person is was called “Prince of the Patriarchs.” The struggle between the patriexposed for a time to cold in bathing, the speedy consequence is an archs of Rome and Constantinople for supremacy was the chief cause of increased warmth of the surface. The term reaction is applied to the separation between the Eastern and Western Churches. phenomena of this kind, and it may be said that reaction takes The powers of the patriarchs are thus described by Mosheim :place whenever any injurious influence is applied to the body. In “They alone consecrated the bishops who lived in the provinces that simple cases the reaction effects at once a restoration to health, as in belonged to their jurisdiction. They assembled yearly in council the the instances above mentioned ; in others the reaction is itself the clergy of their respective districts, in order to regulate the affairs of most prominent feature of the disease, as in fever and inflammation. the Church. The cognisance of all important causes, and the deter

The recovery from disease is rarely perfect. Althoug no visible mination of the mo weighty controversies, were referred to the change may be left behind, yet the part diseased is commonly for ever patriarch of the province where they arose. They also pronounced a after weak, that is, more than usually liable to the same or to some decisive judgment in those cases where accusations were brought other disease. It is probable that this liability is owing to some morbid against bishops. And lastly, they appointed vicars, or deputies, change in the structure of the part inappreciable by our present means clothed with their authority, for the preservation of order and tranof examination; in more distinct cases, when any part has been quillity in the remoter provinces.” (Mosheim, ' Ecc. Hist.' Cent. v., severely diseased, we never see a perfect restoration of its healthy pt. ii., chap. 2.) There were, however, provinces of the empire which structure and form. Even in those tissues that are most easily re- were exempt from their jurisdiction. paired, there is not an actual reproduction of the injured structure. The Greek Church is at present governed by four patriarchs, namely,

The period occupied in the progress of a disease to recovery or death those of Constantinople, Jerusalem, Antioch, and Alexandria. is the basis of the chief division of acute and chronic diseases. The PATRICIANS (Patres, Patricii, in Latin) was the appellation of the severity of the symptoms may in both cases be the same; but in members of the original houses or gentes, of which the Roman genemi those of chronio cases are less prominent than those of acute populus, the ruling power in the community, was at first composed, and

of their descendants, either by blood or adoption. They were originWhen the disease terminates fatally, or when death takes place ally divided into three tribes, the Ramnes, Tities, and Luceres; each from any other cause at a distant period from its occurrence, we tribe into ten curiæ, and each curia into ten decuriæ, which Niebuhr obtain perhaps the most valuable because the most certain part of has identified with the gens or house. The Luceres were admitted pathological knowledge, that of the material effects which the morbid later to the rank, and were styled gentes minores, in opposition to the process has produced. This, the study of morbid anatomy, is often other two tribes, styled majores. Each house became subdivided into specially called pathology. By the examination of the altered parts and several familiæ, which were distinguished by a surname, in addition to a comparison of the changes of structure which they present with the name of the gens, which was common to all, like that of the Scotch those which are known by observation of external diseases or by clan. Thus the gens Cornelia comprised the families of the Scipiones, experiment to result from certain leading morbid processes, as inflam- the Lentuli, the Sullæ, &c. The families composing a gens were not mation, &c., we are enabled to determine the nature of that which necessarily related by consanguinity, for individuals might be adopted had existed beyond the limit of our senses, and thus to appreciate into a gens, and under the early Roman kings such admissions were correctly the meaning of the several symptoms which had marked frequent. The definition of a gens by Scaevola (Cic., ' Top.,' c. 6) is, its progress during life, and the powers and modes of action of that the members bore a common name, were descended from freemen, the circumstances to which it owes it origin. The practical value without any stain of slavery among their ancestors, and had never of such knowledge is the power which it affords of determining incurred any legal disability; they had common sacred rites, or during life the nature of each disease, and the appropriate remedy sacrifices appointed for stated days and places. When a family became for each.

extinct by default of heirs in the male line, its property reverted to the PA'TINA, a shallow bowl, or basin, of earthenware, used by the gens of which it formed a part. Gentile and patrician were therefore Greeks and Romans for various domestic purposes, but chiefly in synonymous. Freedmen and their descendants belonged to the gens cooking or in serving at the table. Patinæ were sometimes made of of which they bore the name, but they had not the rights of the gens, bronze or silver. The eucharistie patena of the Romish Chureh is no that is to say, the gentile rights. Natives of the confederate towns of doubt derived from it, though it differs in form. [Patena.]

Latium coming to settle at Rome attached themselves to some gentile PA'TINA, a word used by archæologists to express the polished rust family, the head of which was styled their patron, and they were styled by which ancient remains of copper, bronze, or brass are covered when his clients. [CLIENT.] laying in particular soils. This rust tends to the preservation of the The members of the senate, the consuls, and the pontifices were, in object, and enhances its value, and appears to have been prized by the the first ages of the republic, chosen exclusively from among the Greeks and Romans. The variety of tints of red, green, blue, brown, patricians, until the year 365 B.C., when Licinius carried his rogations, purple, olive, and yellow is owing to the combustion of oxygen, carbonic by which the plebeians were admitted to the consulship, as well as to acid, and other gases with the alloys of which the metal is composed. the custody of the Sibylline or sacred books. (LICINIUS Stolo, in [NUMISMATICS.]

Biog. Div.) PATRIARCH (natpiápxns, the head of a family), a title given to the When the plebeians became eligible to all the offices of the state, a heads of families in the early history of the human race, and more new nobility was formed, consisting of those who had filled the offices particularly to the ancestors of the people of Israel down to the time of consul, prætor, or curule ædile, and this nobility was transmitted to of Moses, and especially applied to the twelve sons of Jacob, as the their posterity with the “ Jus imaginum," or the right of setting up in ancestors of the twelve tribes of Israel.

their houses the images of their ancestors. Still a distinction in There is a book in existence entitled 'The Testaments of the Twelve opinion continued to prevail in favour of the patricians, or older nobiPatriarchs, the Sons of Jacob,' containing what profess to be the dying lity, as distinguished from the plebeian families. admonitions of the patriarchs to their children, and their predictions When Constantine transferred the seat of the empire to his new city, of the future fortunes of their descendants. This work has been he established there a new senate and a new patrician order, the mempublished in Greek by Grabe, from manuscripts in the universities of bers of which were appointed by the emperor. Their privileges conOxford and Cambridge (Spicileg. Patr., tom. i.), and again by sisted in being freed from certain taxes and jurisdictions, and wearing Fabricius (“Cod. Pseudepigr. Vet. Test., 1713); it was translated into the chlamys and calceus. After the fall the Western Empire, the Latin by Grostête, bishop of Lincoln (8vo, Haganoe, 1532), into French officers sent by the Byzantine emperors to administer the provinces by Francis Mace, and into English by Whiston, in ' A Collection of of Italy subject to them, were chosen from among the patricians of

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Constantinople. Thus we read in the history of the dark ages, of the "patrician of Rome," meaning the governor or representative of the Eastern emperor in that city, and the title was afterwards assumed by Charlemagne and his successors.

At Venice the title of patrician was given to the members of the great council, or supreme legislature, and their descendants, and their names were registered in the golden book. After the decree of February, 1297, called "La serrata del maggior consiglio,' no new member was introduced into the council, but all the descendants of those who had once sat in the great council, on arriving at twentyfive years of age, were by right members of the sovereign assembly, and patricians of Venice. Patrizio Veneto" was a title of nobility, considered equal to that of any feudal noble not of a sovereign house.

In other parts of Italy, such as Genoa and Rome, the word patrician was and is still used in common language to denote a member of the hereditary nobility, independently of any feudal title.

PATRISTIC THEOLOGY. [THEOLOGY.]
PATRON. [BENEFICE; PARISH.]

PATRO'NUS, derived from pater, a "father," as materna is formed from mater, a "mother." The relation of Patron and Client (cliens) in ancient Rome is discussed in the article CLIENT; but the relation between a freedman (libertus) and his patronus requires a few words of explanation.

In the Roman polity persons were divided, with respect to status or condition, into freemen (liberi) and slaves (servi). Freemen were again divided into persons who were born in a state of freedom (ingenui), and those who had been manumitted (libertini). A manumitted slave was called libertus, that is, liberatus, "freed," and his master who manumitted him became his patronus. The slave who was manumitted received the gentile name of his patronus. (See Lactant. 'Div. Instit.' iv. 3.; Plin. Hist. Nat.' xxv. 3, and xxxi. 3; Pers. 'Sat.' v. 78.) The relation between patronus and libertus resembled in many respects that between patronus and cliens; but it appears that their mutual rights and obligations were rather regulated by public opinion than fixed by any positive enactment. The patronus on the one hand was bound to take the libertus under his protection; and the libertus on his part was bound to assist his patronus by every means in his power, but the only case in which he was compelled by the law to do so, was when the patronus or his children had become too poor to support themselves. In such a case, if the patronus or his children proved to the satisfaction of the governor of the province (proses) their necessitous condition, he might direct the libertus to allow a monthly payment for their support (D. 25. 3. 9).

The most important part however of the connection between the patronus and the libertus was the right which the former had in certain cases to the property or a portion of the property of the latter upon his death. This right was founded upon the fact, that the law regarded patroni as the adgnati of their liberti, and consequently they succeeded to the property like any other adgnati. By a law of the Twelve Tables, if the libertus died intestate and left no heir (suus heres), the patronus succeeded to his property. (Gaii.' Comm.' iii. 40; Justin. Inst.' iii. 8. 1.) If the heir was a son born of his own body (naturalis), no one had a right to complain; but it appeared to the Romans a great injustice that an adopted son or daughter, or a wife (in manu), should deprive the patron of his right to the property. This injustice was remedied by the prætor's edict, which enacted that the patron's right should be barred only by the libertus leaving natural sons, whether under his power at the time of his death, or sui juris, or adopted by another during his life, provided they had not been disinherited, and that if a libertus who had no natural sons made a will, he should be obliged to leave half of his property to his patronus; and if he left none of his property, or less than half, the bonorum possessio of half should be given to the patronus, even against the words of the will; if the libertus died intestate, leaving an adopted son, a wife (in manu), or a daughter-in-law (in manu filii ejus), half of the property was also given to the patronus. (Gaius,' iii. 40, 41; 'Institut.,' iii.

8. 1.)

patronus by the Twelve Tables, and could not, like the patronus, obtain by the prætor's edict the half of the property of a libertus who had left only an adopted son or a wife or daughter-in-law. By the Lex Papia, however, an ingenua patrona, who had brought forth two children, and a libertina patrona, who had brought forth three, obtained almost the same rights as the patronus possessed by the prætor's edict; and an ingenua patrona who had brought forth three children obtained the same privileges as were given to the patronus by that law; but a libertina patrona in no case obtained the rights granted to the patronus by the same law. (Gaius, iii. 49, 50; Ulp., 'Fr.' xxix. 5, 6.)

The rights of a patronus to the property of a libertus only extended to his direct heredes, sons, grandsons, great-grandsons, &c., and never belonged to his collateral heirs (extranei heredes). (Gaius, iii. 58.) A patronus was able to assign a libertus (adsignare libertum) to one of his sons to the exclusion of his other children, so that on the death of a libertus, the son to whom the libertus had been assigned was alone entitled to the property, which was due to the patronus by the jus patronatus. (Institut.,' iii., tit. 9; Dig.,' 50. 16.107.)

All the preceding remarks respecting the succession of the patronus to the property of the libertus, only apply to the property of those liberti who were Roman citizens. Those liberti who were Latini [LATINUM JUS], or Dediticii, had in fact no power over the disposal of their property. The Latini liberti had the privileges of freemen while alive, but "they lost their life and their liberty at the same time," and their property, like the peculia of slaves, came by the Lex Junia to the persons who had manumitted them (Gaius., iii., 56; ' Institut.,' iii. 8.4.) The succession to the property of the liberti Latini differed also in many other important particulars, which Gaius has pointed out (iii. 57-62), from the succession to the property of those liberti who were Roman citizens. By a decree of the senate passed in the reign of Claudius during the consulship of Lupus and Largus, it was enacted that the property of the Latini should pass first to those who had manumitted them and their children not disinherited by name, and afterwards to their other heirs. (Gaius, iii. 63; Institut.,' iii. 8.4.) By a constitutio of Trajan, it was enacted that if a Latin libertus obtained from the Emperor the jus Quiritium without the knowledge or against the will of his patronus, he should enjoy the privileges of a Roman citizen while he lived, but should be regarded as a Latinus at the time of his death, and should have no power of leaving his children as his heredes; and that he should only be allowed to make a will so far as to leave his patronus his heir, or if the latter were unwilling to become his heir, of substituting another in his place. (Gaius, iii. 72.) This constitutio however was a little altered by one of Hadrian, who gave with certain conditions the same privileges to those Latini who had obtained the jus Quiritium from the Emperor, as to those who had obtained it by a decree of the senate or the Lex Elia Sentia. (Gaius, iii. 73.)

These laws were however very much altered by Justinian. He gave to the liberti Latini and Dediticii the same privileges as those liberti possessed who were Roman citizens. He also enacted, that if a libertus or liberta left less property than amounted to the value of 100 aurei, the patronus had no claim to any portion of the property, provided they made a will; but if they died intestate, leaving no children, then the patronus succeeded to the property by the law of the Twelve Tables. If the property of the libertus or liberta was of more value than 100 aurei, and they left children, the patronus had also no claim to any part of the property; but if those liberti or liberta who left no children died intestate, the patronus succeeded to the whole of the property, and if they made a will without leaving any part of their property to the patronus, then he had a right to a third of the property, and not to a half, as was formerly the case. (Instit.,' iii. 8.3.)

(Gaius, iii. 39-76; Ulpian, Fragm., xxvii. 1-5; xxviii. 7; xxix. 1-7; Institutiones, iii., tit. 8, De Successione Libertorum; tit. 9, De Adsig natione Libertorum: Digest. 37, tit. 14, De Jure Patronatus; 38, tit. 2, De Bonis Libertorum; 38, tit. 4, De Adsignandis Libertis; Collatio Legum Mosaic. et Roman., xvi, 8, 9; Unterholzner, Ueber das patrona

5th vol., 1st part, Berlin, 1823; and the articles CLIENT, LATINUM JUS, and LIBERTINUS, in this work.)

By the Lex Papia the rights of patrons to the property of their richtische Erbrecht, in the Zeitschrift für Geschichtliche Rechtswissenschaft, freedmen were still further increased. By this law it was enacted, that if a libertus died leaving property to the value of 100,000 sesterces, a portion of his property (virilis pars) went to his patronus, whether he had made a will or died intestate, provided he had fewer than three children. If he left only one son or one daughter, half of his property went to his patronus, as if he had died leaving no son or daughter; if he left two children, a third went to the patronus, but if three, the patronus had no claim to any portion. (Gaius iii. 42; Institut.,' iii. 8. 2.)

With regard however to the property of a liberta, the ancient law sufficiently protected the rights of the patronus, and he therefore had no occasion to have recourse to the edict of the prætor. For since the patronus was the tutor of the liberta, she could not make a will without his consent, and consequently could not leave her property to any one else. (Gaius, iii. 43; Ulp., Fr.' xxix. 2.) The Lex Papia however set free a liberta who had brought forth four children from the tutela of her patronus. (Gaius iii. 44; Ulp., 'Fr.' xxix. 3.)

The patrona, previous to the passing of the Lex Papia, had no greater right to the property of the libertus than was granted to the

PATRO'NYMIС (πатршννμкòs) is a name given by grammarians to those words which express the name of a person's father or ancestor. Thus Achilles is called Pelides (the son of Peleus), Agamemnon is styled Atrides (the son of Atreus), &c. In the English language we have no words of this description, but in Sanscrit and Greek they are very common, especially in Sanscrit, which has as many as thirteen different terminations to form such words, namely, a, aki, âyana, ayani, âyanya, inêya, irya, êya, era, aira, kayani, ki, ya. In Greek the most common masculine termination is ides, as Cecrop-ides, a descendant of Cecrops; some patronymics are formed by adding ion, as Kron-ion, the son of Kronos, &c. Feminine patronymics in Greek are commonly formed by adding id (in the nominative is), as Tantal-is, gen. Tantalid-os, the daughter of Tantalus. In Lithuanian some patronymics are formed by adding na, as Janow-na, the son of Janow or John (Pott's 'Etymologische Forschungen,' vol. ii., p. 579); which termination may perhaps be connected with the Latin an-us, which forms such patrony mics as Octavi-anus, one of the family of Octavius, Æmili-anus, one of

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PATTERNS.

PAWNBROKERS.

338

Character.

the family of Æmilius, &c. In English, though not very correctly, not exceeding 28. 6d., the sum of £d., for any time during which the the surname is often styled the patronymic.

said pledge shall remain in pawn not exceeding one calendar month, PATTERNS. Connected with the subject of patents is the copy- and the same for every calendar month afterwards, including the right of designs. By recent Acts of Parliament (5 & 6 Vict. c. 100; current month in which such pledge shall be redeemed, although such 6 & 7 Vict. c. 65; and 13 & 14 Vict. c. 104-known respectively as month shall not be expired. If there shall have been lent the sum of “ The Designs Act, 1842;" "The Designs Act, 1843;" and "The 5s., one penny ; 78. 6d., one penny halfpenny; 108., two-pence; Designs Act, 1850”), the inventor, or purchaser, or proprietor of any 128. 6d., two-pence halfpenny; 158., three-pence; 178. 6d., three-pence new design for ornamenting any article of inanufacture of a useful halfpenny; 208., four-pence; and so on progressively and in proportion character in respect of the pattern, or the shape, or the external for any sum not exceeding forty shillings; but if exceeding 40s. and appearance, may register such design, and thereby secure the sole not exceeding 423., eight-pence; if exceeding 42s., and not exceeding right of applying it for a period of three years, subject to extension 101., after the rate of three-pence for every 20s., by the calendar at the discretion of the Board of Trade.

month, including the current month, and so on in proportion for any Provision is contained in the later Act for provisional registration fractional sum. Parties may redeem goods within seven days after the for one year.

expiration of the first calendar month without paying interest for the The person intending to register must take or send to the office of extra seven days; or within fourteen days on paying for one month the Registry of Designs, 1, Whitehall, two copies or drawings of his and a half; after which time interest is charged for two calendar design; one of which will be filed by the registrar, and the other months. But in case the interest has accumulated throughout a returned to the party registering, with a certificate, which certificate series of months, the pawnbroker is not entitled to calculate it for is made evidence of registration.

a single month, taking advantage of an indivisible fraction, and Every article manufactured according to such design must have then multiply the result by the number of months. The calcula. thereon the number of the design in the register, and the date of the tion in the first instance should be for the whole time at the rate registration.

allowed by law so as to avoid the injustice done the pawnor by the Any person pirating a design thus protected is liable to a penalty of other method. from 51. to 301. for each offence, which may be recovered by an action Pawnbrokers are required by the Act to keep books in which all at law, or by summary proceeding before two magistrates.

goods taken in pledge must be entered and described, the sum advanced Registered designs may be transferred from one person to another, upon them, and the name and abode of the pledger, and whether he is in which case the latter is entitled to be registered as the proprietor. a housekeeper or a lodger. They make out at the time two memoranda Printed forms of such transfers are supplied at the office.

of these particulars, one of which is given to the pledger. For this dupliThe commissioners of the Treasury have power to fix the fees cate, when under 108., one halfpenny is charged ; 10s. and under 20s., payable upon registrations, transfers, &c. These fees are of very mode- one penny; 11. and under 5l., twopence; 51. and upwards, fourpence. rate amount.

Articles pledged for sums above 5s. must be entered in the pawn PAUPERISM. [Poor Laws.]

broker's books within four hours; and those on which 108. or upwards PAUSE. [Oratory; PUNCTUATION.]

have been advanced must be entered in a separate book and numbered, PAVEMENT. [Roads.]

the first entry in each month commencing No. 1. The number and PAVIIN. A crystallisable substance found by Professor Stokes in description of the pledge in the books and on the duplicate correspond the bark of the horse-chestnut. It is remarkable for exhibiting a with each other. Articles cannot be taken out of pawn without the beautiful bluish-green fluorescence when placed in violet light. It is production of the duplicate, the holder of which is presumed to be the supposed to be identical with fraxin.

owner; but the original pawnor has a perfect right to sell the PAVING. [Roads.]

duplicate, and the pawnbroker is obliged to deliver the goods to the # PAVO (the Peacock), a constellation of Bayer, which occupies a part purchaser on the production of the duplicate with the principal and of the space situated between Sagittarius and the South Pole. * Its interest due on the pledge. If a duplicate be lost or stolen, the pawnprincipal stars are as follows :

broker is required to give a copy of it to the party representing

himself as the owner of the articles pledged, with a blank form of No. in Catalogue

affidavit, which must be filled up with a statement of the circum(None in No. in Catalogue

stances under which the original duplicate was lost, and sworn before a Bayer.) of Lacaille. Association, Magnitude.

magistrate. For this second duplicate the pawnbroker is entitled to Ś 1525 6315 4

demand one halfpenny, if the sum advanced does not exceed 58.; 1615 6801 4

from 58. to 10s., one penny; and afterwards in the same proportion as 1635 6873 4

for the original duplicate.

The penalty against unlawfully pawning goods the property of others PAWN. (PLEDGE.]

is between 20s. and 5l., besides the full value of the goods pledged ; PAWNBROKERS. All persons who receive goods by way of pawn and in default of payment, the offending party may be committed for or pledge for the repayment of money lent thereon at a higher rate of three months' imprisonment and hard labour. Persons forging or interest than five per cent. per annum, are pawnbrokers. The counterfeiting duplicates, or not being able to glve a good account of character of the individual to whom the money is lent is scarcely a themselves on offering to pawn goods, are liable to imprisonment for subject of consideration with the lender; he may be satisfied, if he any period not exceeding three months. Pawnbrokers or other persons believe that the articles pledged are not stolen or come by in an buying or taking in pledge unfinished goods, linen, or apparel entrusted unlawful manner.

to others to wash or mend, are to forfeit double the sum advanced and Pawning differs from other ways of lending and borrowing money in to restore the goods. The Act empowers police officers to search this, that the goods of the borrower are delivered to the lender as a pawnbrokers' houses or warehouses when suspected to contain security. (PLEDGE.) Otherwise, when the lender has confidence in unfinished goods unlawfully pledged, and goods unlawfully pawned the integrity and solvency of the borrower, he is often satisfied with a must be restored to the owner by the pawnbroker. Goods that have written engagement from the borrower, and if it should be required, been stolen and pawned may be ordered by the judge or magistrate with the additional engagement of some other person. When further before whom the thief is convicted to be restored to the real owner ; security is required by the lender, it may be land, or shares in a ship, and without proceedings against the thief they may be recovered by or it may be something which is not in its nature capable of immediate the owner in an action at law against the pawnbroker. tradition, as the future benefit to accrue from a policy of insurance; All pawned goods are deemed forfeited at the end of one year. If but all these kinds of security are different from that given in pawning, redeemed, the pawnbroker must endorse on his duplicate the charge and are treated under the articles MORTGAGE and SHIPS.

for interest, and keep it in his possession for one year. Articles on The business of lending money on pledges is in many countries which sums have been advanced of 108. and not exceeding 101., if not carried on under the immediate control of the government as a branch redeemed, must be sold by auction, after being exposed to public view of the public administration; and where only private individuals and at least two days' notice having been given of the sale. The engage in it, as in this country, it is placed under regulations. Thus catalogue of sale must contain the name and abode of the pawnbroker, in China, where pawnbrokers are very numerous, Sir J. F. Davis, in his the month the goods were received, and their number as entered in work on the Chinese,' says “they are under strict regulations, and the books and on the duplicate. Pictures, prints, books, bronzes, any one acting without a licence is liable to severe punishment. The statues, busts, carvings in ivory and marble, cameos, intaglios, musical, usual period allowed for the redemption of the pawned goods is three mathematical, and philosophical instruments, and china, must be sold years. The highest legal rate of interest on deposits is three per cent. separate from other goods, on the first Monday in January, April, per month ; but in the winter months the money advanced on wearing July, and October in every year. On notice not to sell given in apparel may not exceed two per cent., on the alleged ground that poor writing, or in the presence of one witness, from persons having goods persons may be able the more easily to redeem."

in pledge, three months further are allowed beyond the year for During the existence of the Usury Laws in this country, which fixed redemption; and if the owner tender principal and interest and the maximum legal rate of interest at five per cent. per annum, a demand delivery of the goods any time before sale, the pawnbroker is higher rate was nevertheless chargeable by pawnbrokers under the not afterwards entitled to sell them. But in the fact of selling unre. section of the 39 & 40 Geo. 3, c. 99, an act which is still in force, and deemed pledges there is no further warranty implied by law on the which regulates the various rates of interest on goods or chattels part of the pawnbroker than that the goods are unredeemed pledges, pawned according to the following scale :

and that he is not cognisant of any defect of title attaching to themn. For every pledge upon which there shall have been lent any sum An account of sales of pledges above 108. must be entered in a book

of British

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ARTS AND SCI. DIV. VOL. VI.

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kept by the pawnbroker, and if articles are sold for more than the ornamented with three small niello plates. Many others are extant, sum for which they were pledged, with interest thereon, the owner is which are admirable examples of the metallic art of the time. entitled to the surplus, if demanded within three years after(the sale. The general disuse of this plate in modern times is attributed by Pawnbrokers' sale-books are open to inspection on payment of a fee of Le Brun (Explication Litterale, &c., de la Messe,' tom. i., p. 595) to one penny. The penalty on pawnbrokers' selling goods before the certain jealousies which were found to arise among individuals, about proper time, or injuring or losing them, and not making compensation priority in having it presented to them. to the owner, according to the award of a magistrate, is 101. They are The use of the Pax was not among the ceremonies which were first required to produce their books on the order of a magistrate in any abrogated at the Reformation in England : on the contrary, it was dispute concerning pledges, and are not to purchase goods which enforced by the ecclesiastical commissioners of Edward VI., and redare in their custody. The Act extends to the executors of pawn- dered more ostensible than it had been, as appears by the following brokers.

injunction, published in the deanery of Doncaster, in 1548 :-“ The The Act prohibits pledges being taken from persons intoxicated or clerk shall bring down the paxe, and standing without the churchunder twelve years of age. (By the Metropolitan' Police Act (2 & 3 door, shall say loudly to the people these words : “ This is the token of Vict., c. 47), a fine of 5l. is inflicted upon pawnbrokers taking pledges joyful peace, which is between God and man's conscience,'" &e. from persons under the age of sixteen.) Pawnbrokers are prohibited PAYMENT. If a man owes several sums of money to another on from buying goods between the hours of 8 A.M. and 7 P.m.; and by the different accounts, and makes a payment of any one of such sums, he 9 & 10 Vict., c. 98 from receiving pledges between Michaelmas-day and may state at the time of payment on which account such sum is paid, Lady-day before 8 A.M. or after 7 P.M.; and for the remainder of the and the payment will be considered to be legally appropriated to the year, before 7 A.M. or after P.M., excepting on Saturdays and the debt which he has named. If at the time of payment the debtor evenings preceding Good Friday and Christmas Day, or any public fast makes no appropriation of the payment, the creditor may at the time or thanksgiving day appointed by the Crown, when the hour for of payment appropriate it to such debt as he pleases, provided be so closing is extended to 11 P.M. They are required to place a table of appropriates the payment, as he would do, or as it may be presumed profits and charges in a conspicuous part of their places of business. that he would do, if he were the debtor. Accordingly the creditor

Pawnbrokers are required to take out an annual licence from the must appropriate the payment to such debt as is the most burdensome Stamp-Office; and, to enable them to take in pledge articles of gold to the debtor. If neither party make any appropriation of the debt and lver, a second licence is necessary, which costs 51. 158. Those at the time of payment, the payment will be presumed to be made od who carry on business within the limits of the old Twopenny Post pay account of the more burdensome debt; if there is no difference in the 151. a-year for their licence, and in other parts of Great Britain 71. 108. quality of the debts, the payment must be presumed to be made on The licence expires on the 31st July, and a penalty of 501. is incurred account of the oldest. if it is not renewed ten days before. No licence is required in These are the rules of the Roman Law (Dig. 46, tit. 3), which Ireland, but those who carry on the business of a pawnbroker must be perhaps may be considered to be adopted by the English Law, though registered. Any one who enters into secret partnership with a pawn. the decisions are by no means uniform in this matter. (Devaynes e. broker for the purpose of carrying on that business, even although the Noble, 1 Mer. 606.) The principles just laid down apply to distinct agreement stipulates only for a right to inspect the books and to debts on different accounts (causae). If there are dealings between receive a per centage on the business done, renders himself liable to two persons which are all of one uniform and continuous nature, as penalties under the statute. But to repress the practice of laying for instance between a banker and his customer, there is no question of frivolous and unfounded informations against this class of tradesmen, appropriation of payment. The customer pays money into the bank the 2 & 3 Vict. c. 71, ss. 32-35, giving power to magistrates to award at different times, and draws it out by drafts at different times. All amends in such cases, to inflict penalties on common informers who the sums paid in and all the sums paid out severally make an entire compound informations, to diminish the amount of the portion awarded creditor and debtor account, and by striking the balance at any given of the penalty to any informer, and further to diminish the term of time it will appear what sum is due at that time from the banker to imprisonment fixed in the case of offenders, is extended by the 22 & 23 his customer or from the customer to his banker. It is true that this Vict. c. 14 to the 39 & 40 Geo. 3, c. 99, and to all parts of England, supposes a kind of appropriation, but not exactly that kind which is and to all magistrates, justices, or justices of the peace.

meant by the term. It assumes that the sum first paid in is disThe act for the regulation of pawnbrokers in Ireland is the 28 Geo. III., charged by the sum first paid out, so far as it is sufficient to discharge C. 43 (Irish statute). It requires pawnbrokers to take out licences it; and the same remark applies to all subsequent payments into the and to give securities; appoints the marshal of the city of Dublin bank and sums drawn out. The account therefore must be made out corporation registrar of licences; directs returns to be made to him in the order of time, and the balance will show how the account monthly, upon oath, of sums lent; and allows the registrar a fee of stands at the time when it is made ont. (Devaynes v. Noble.) one shilling on each return. The Act requires the returns to be laid A debt barred by the Statute of Limitations cannot be revived by before parliament; but this is not done, and in some other particulars an appropriation of a general payment. the statute is but imperfectly observed.

There are various other cases in the reports in which the question PAX, an ecclesiastical instrument of ancient use in the Roman of appropriation of payments has been discussed. (Croft v. Lumley, Catholic church. St. Paul, in several of his epistles, commands the 6 H. of L. Cas. 672 ; Beale v. Caddick, 2 H. & N. 326 ; Nash v. Hodgprofessors of the Christian religion to "salute each other with a holy son, L. J. 25, Ch. 186; and Farley v. Turner, L. J. 26, Ch. 710.) kiss." That this was literally practised in the first ages of the church, PEA. The garden pea (Pisum sativum) is a native of the south of we learn from the apostolical constitutions, together with some par- Europe, but sufficiently hardy in a young state, or when its developticulars respecting the method of performing this ceremony.

“Let the ment is not much extended, to bear our winters when they are bishop salute the church, and say, The peace of God be with you all : moderate, and when the plants have, as in gardens generally, a sheltered and let the people answer, And with thy spirit. Then let the deacon situation. say to all, Salute one another with a holy kiss, and let the clergy kiss the The pea had probably been introduced into this country at an bishop, and the laymen the laymen, and the women the women.” early period, for peas are mentioned by Lydgate, in the time of (Li. viii., c. 11, apud Coteller, p. 345.)

Henry VI., as being hawked in London. It appears however that The custom of giving the kiss of peace before the communion, in for nearly a century afterwards, they were either not very common, the more solemn service of the Roman Catholic Church called the High or the manner of obtaining them early was unknown, for Fuller states Mass, is still kept up among the officiating clergy, as well as among that in the reign of Elizabeth peas were brought from Holland, the men and women of the different religious orders. So also it and were accounted “fit dainties for ladies, they came so far and cost appears to have been practised by the laity during the middle ages ;

so dear." while the men and women were separated from each other.

But

The varieties of the pea are numerous. Every seedsman issues a when the sexes began to be mixed together in the less solemn service trustworthy list, from which selection is to be made according to the called the Low Mass, which began to take place in the 12th or 13th date of sowing. century, a sense of decorum dictated to the bishops the use of an instru- The soil for peas ought to be fresh and well stirred, but not too ment called sometimes a Fur, sometimes Tabula Pacis, and some rich; for in the latter case a luxuriant growth is induced without times Osculatorium, which the priest kissed first, then the clerk, and fertility. lastly the people who assisted at the service, one after another, instead The times of sowing are, in November for the earliest crop, and at of the former kiss.

intervals of a month, three weeks, or a fortnight, as the season advances, Among the constitutions of Walter de Grey, archbishop of York in till Midsummer. The produce from any that may be sown after this 1250, an osculatorium was one of the regular ecclesiastical ornaments, period is very uncertain; as is indeed the case with the November and or rather implements, ordered to be provided in every parish church. other sowings previous to those of spring. The shelter afforded the

It was usually in the form of a metallic plate or tablet, with a young plants in winter by spruce branches or temporary awnings is of support at the back, and had a representation of the crucifixion in

course beneficial. front, either in relief or engraved. The magnificent pax of silver, The distance which should be allotted for the intervals between the engraved in niello, by Finiguerra, is still preserved at Florence. In rows of peas may be three, four, five, or six feet, according to the the South Kensington Museum is a remarkably fine pax of Italian growth of the sort and richness of the soil. The plants should not be work of near the close of the 15th century. The central plate is of allowed to grow too thick in the rows, otherwise they are drawn up bronze, on which is a representation in relief, attributed to Botticelli, slender, without a due proportion of foliage on the lower part of the of the Virgin under a canopy, surrounded by angels. This is set in a stem, which, in that case, as well as the leaves depending on it, is apt gilt mounting, enriched with silver filagree work; while the support is to become unhealthy and to mildew.

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Agricultural Cultivation.-The common pea is cultivated in the garden and in the field, and there are several varieties of it. The plant is naturally a creeper, having numerous tendrils, by which it lays hold of stronger plants and supports itself. The pods contain one row of round seeds, which at first are soft and juicy, in which state they are used for the table under the name of green peas. They after wards harden and become farinaceous, and the stem dries up. In this state they are thrashed and stored for use like corn, and serve chiefly to fatten hogs. The straw is given to cattle and sheep in winter. There are some varieties of peas the stems of which do not rise or creep, but remain short, and hence are called dwarf peas. These are preferred for early sowing in the garden, and likewise when they are cultivated in the fields to be gathered in a green state. Every gardener strives to raise early peas, and the first which are brought to the London market are sold for a very great price. As soon as they are more common, such quantities are sometimes raised in the fields, that the price scarcely defrays the expense of gathering and bringing to market. When the market is not overstocked, this crop is very profitable, as it does not exhaust the land, and there is good time for a crop of tares or turnips after the peas in the same season. But the usual purpose for which peas are cultivated in the regular course of husbandry, is to fatten sheep and hogs. A white sort, which readily splits when subjected to the action of millstones set wide apart so as not to grind them, is used in considerable quantities for soups, and especially for sea stores. There is also a blue sort which answers the same purpose. The hog pea is of a gray or dun colour.

Peas contain much farinaceous and saccharine matter, and are therefore highly nutritious; no other seed surpasses them in this quality, except the seed of the French bean (Phaseolus). But this is refused by most animals in the raw state, owing to a certain toughness, which makes them adhere to the teeth; and, even when boiled, they are not relished by them.

As food for hard-working men, peas are excellent when well boiled and mixed with some animal fat. In some countries peas-meal is baked into hard cakes, with or without oatmeal or barley-meal. These cakes are nutritious, but are of difficult digestion, except where custom and hard labour have inured the stomach to their use.

The soil best suited to the growth of peas is a light or sandy loam of some depth, and in good heart; the usual preparation of it is by repeated deep ploughing and pulverising with harrows or other instruments. It is not advisable to manure the land immediately for peas, as it makes them throw out abundant stems at the expense of the produce in pods. They follow well after barley in which no clover has been sown, and are a good substitute for clover where there would be a danger from the too frequent repetition of clover on the same land. When clover has failed, peas supply its place, the ground being ploughed up before winter, or early in spring, and well pulverised. The wheat is not generally so good after peas as after clover, when the clover is a good crop; but it is well known that if the clover fails, the wheat will also suffer. It is therefore better to have peas than to risk sowing wheat after a thin crop of clover. If the peas are not well hoed, and do not cover the surface, the land will be full of weeds; but with good management it may be looked upon as a cleansing crop. Many farmers consider peas as a very uncertain crop: but they are only so when the land is carelessly cultivated. They are, no doubt, often injured by want of moisture in the soil, or by an excess of it; but deep ploughing will prevent the former, and careful draining the latter. If peas are sown on land which is exhausted, or naturally very poor, no certain crop can be relied on. It sometimes happens however that an excellent crop is obtained against all probability, considering the state and tillage of the land, owing to some fortunate coincidences of favourable weather; and in this case it would appear as if great care in the preparation of the soil were unnecessary; but this is not often the case, and no prudent farmer' will trust to the chances, which are much against success. In nine cases out of ten a slovenly cultivation or an improper succession of crops is the cause of great disappointment and loss, and it may be laid down as a general rule, that no good farmer will trust to accident, when by a little care and attention and a reasonable expenditure he may almost ensure success.

Peas must not be repeated on the same land in less than 10 or 12 years, nor are they to be recommended on very stiff clays, on which beans are to be preferred. Wherever beans suit the soil, they are a much better preparation for wheat than peas, admitting of much more frequent and perfect hoeing, besides the application of an abundant coat of dung, of which the wheat reaps the benefit as well as the beans. Peas should be sown as early as the ground will admit of being worked; and in very mild winters January is a very good time for sowing peas, which are intended to be gathered green, in a sheltered situation sloping towards the south-west. The hog peas may be sown in February or March; and if they are horse-hoed, and the earth is raised against the young plants, they will not suffer from a moderate frost. When peas are drilled at two feet or more between the rows, it will not take above two bushels to drill an acre. The old method of sowing peas broadcast and ploughing them in is now seldom practised, and to sow them and harrow them in is nowhere recommended; the birds in this case having much too great a share of the seed. When peas follow clover, the practice of dibbling them into the sward, which has been turned over with the plough, is much to be preferred.

Wherever dibbling is generally practised, and there are sufficient hands to put the seed into the ground in a reasonable time, it should be preferred for every kind of crop that can admit of the hoe in the intervals. When peas are sown later than usual, it is useful to steep the seed a few hours, in order that it may vegetate the sooner. A week may often be gained in the coming up of the crop by this means. The Everlasting Pea, which is so well known in our gardens, has been recommended to be cultivated in the fields for green fodder for horses, which are said to eat it readily. In land which has been well manured, it will produce a very great weight of green food; and there are probably varieties of it more succulent and sweeter than others. If it could be established in a field, it would produce abundant food for several years in succession, without any other cultivation than hoeing out the weeds and stirring the soil around the plants. The seed should be sown in rows, and the plants thinned out by the hoe, so as to stand a foot or 15 inches apart; they would then have room to grow out, and would cover the ground completely. By transplanting year-old plants, a still greater crop might be obtained. It is at least worth a trial.

Peas should be drilled in rows at such a distance as to admit the horse-hoe between them. They should be horse-hoed repeatedly until the stems are so long as to fall down and cover the intervals: a slight earthing of the rows with a plough has the effect of keeping the stems from the ground and allowing the air to circulate under them, by which the podding is much encouraged; for in wet seasons the stems are apt to lie on the wet ground and to rot. When the seed is ripe in the pods on the lower part of the stalks, the crop should be reaped, or many of the pods will burst, and the seed be lost. The reaping is performed by pulling the straw from the root by hand, or by means of two reaping-hooks, which partly tear up the stems, and partly cut them off. They are then gathered into small loose heaps, and left to dry. After being turned over till they are quite dry, they are carted to the stack or barn. Unless the quantity be considerable, so as to make a large stack, it is advisable to put them in a barn. When the peas are stacked, many of the pods are necessarily exposed to the depredation of birds; and, if they escape this, they burst, and the seed is lost.

The produce of an acre of good peas is from 30 to 40 bushels, and the price about the same as that of beans. They are consequently a profitable crop, and will well repay a little attention in the cultivation. If the land is not in sufficient order and heart to make it advisable to sow wheat after the peas, barley or oats may be advantageously substituted. If the peas fail, it may be necessary to clean the land with a fallow crop before any other corn is sown, for a bad crop of peas invariably leaves the land foul.

The straw or haulm of peas, when well harvested, makes excellent fodder for cattle, and especially for sheep, which are very fond of the dry pods when the seeds have been thrashed out.

In some places, they sow peas and beans together broadcast, and plough them in; the beans serve as a support to the peas, and a greater return is expected; but unless it be for the purpose of cutting them up for green fodder, as soon as the pods are formed, this practice is not to be recommended. In Flanders, peas, beans, tares, and barley are sometimes sown thick together, and form an abundant green crop, which is cut as soon as the flower is past, and given to the cows and pigs, which thrive well on this succulent food. The surface of the ground is so completely shaded, that no weeds can spring up; and as there has been no seed formed, little is taken from the soil. The land is immediately ploughed up, and sown with another crop, such as potatoes or turnips, which sometimes are off the ground in time to allow wheat to be sown the same year.

The nutritiveness of the pea as food is explained by analysis, which shows that air-dried peas generally contain about one quarter of their weight of flesh-forming constituents; one half their weight of starch, sugar, fat; and the rest fibre, water, and ash. The mineral part of the ash of the whole plant contains a very large proportion (40 per cent.) of lime, and 17 or 18 per cent. of the alkalies.

PEACE OF RYSWICK. [TREATIES, CHRONOLOGICAL TABLE OF.] PEACH. The peach-tree (Amygdalus Persica, or Persica vulgaris) is generally considered to be more especially a native of Persia. It was known to the Romans, and brought to Italy, where it became distinguished by the name of Persica; and this name it still retains under various modifications in the different countries of Europe. But the peach is not indigenous solely in Persia, for it has been found growing wild in various parts of Turkey and Asia, Pallas describes it as existing in the more southern parts of the Caucasus. From the frequency of its occurrence in a wild state, and the perfection which it attains under the most limited share of cultivation in regions situated between 30° and 40° of latitude, these parallels may be presumed to include its favourite habitat. Isothermal lines describe however a wavy tract, and the peach may even find a congenial climate to a considerable extent on both sides of the above limits; but the locality must be very peculiarly circumstanced in which it will acquire full perfection beyond the 48th parallel on the one hand; and, on the other, its deciduous nature, requiring a cool season of rest, unfits it for the continued high temperature of a tropical climate.

The peach withstands our winters unhurt, trained against a wall, if they are not unusually severe. It even succeeds in America exceedingly

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