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the timber should be used in building'a ship (Dig. 13. tit. 7. s. 18. §3); if there was confusio, as when the pledgee became the owner of the thing that was pledged. It was also extinguished by the payment of the debt; and in some other ways.
The law of pledge at Rome was principally founded on the Edict. Originally the only mode of giving security was by a transfer of the Quiri-tarian ownership of the thing by Mancipatio or In jure cessio, if it was a Res Mancipi, on the condition of its being re-conveyed, when the debt was paid (sub lege remancipationia or sub fiducici). [F;i-DuciA.J Afterwards a thing was given to -the creditor with the condition that he might sell it in case his demand was not satisfied: there was no transfer of the ownership. But so long as the creditor could not protect his possession by legal means, this was a very insufficient security. Ultimately the Praetor gave a creditor a right of action (actio in rein) under the name Serviana actio for the recovery of the property of a colonus which was his security for his rent (pro merccdilmsfundi); and this right of action was extended under the name of quasi Serviana or hyporthecaria generally to creditors who had things pignqrated or hypothecated to them. (Inst. 4. tit. 6. s. 7.) As to the Interdictum Salvianum, see inter.dictum.
The progress of pledge in the Roman system was from the clumsy contrivance of a conveyance and reconveyance of the ownership, to the delivery (traditio) of a thing without a conveyance and upon an agreement that it should be a security (pignus), and finally to the simple Pactum hy-pothecae, in which case there was #o delivery, and all that the creditor got, was a rigiht to have some particular thing of the debtor subject to ,be sold to pay his debt. The hypotheca was the last stage in the development of the Roman law of Pledge. It gave facilities for pledging beyond what existed when the Pignus was only in use, because things could be hypothecated without a transfer of ownership or a giving of possession, such as mere rights of action, debts, and the like. In fact, Pawn or Pledge under the form of Hypotheca was perfected by the Romans, and there is nothing to add to it.
The Roman Law of Pledge has many points of resemblance to the English Law, but more is comprehended under the Roman Law of Pledge than the English Law of Pledge, including in that term Mortgage. Many of the things comprehended in the Roman Law of Pledge belong to the English Law of Lien and to other divisions of English Law which are not included under Pledge or Mortgage.
(Dig. 20, tit. 1, 2, 3, &c.; Cod. 8. tit. 14—35; Gaius. ii. 59—61 ; Dig. IB. tit. 7, and Cod. 4. tit. 24. De Pignoraticia Actione vel contra; Puchta, fmt. i. §246, &c. ; there is an English treatise intitled " The Law of Pledges or Pawns as it was in use among the Romans, &c.9 by John Ayiiffe, London, 1732," which appears to contain all that can be said, but the author's method of treating the subject is not perspicuous.) [G. L.]
PILA (o-Qaipa), a ball. The game at ball (ff(paipi(TTiK7j) was one of the most favourite gymnastic exercises of the Greeks and Romans from the earliest times to the falLof the Roman empire. As the ancients were fond of attributing the invention of all games to particular persons or occasions, we find the same to be the case with respect to the origin of this game (Herod, i. 94 ;
Athen. i. p. 14, d. e. ; Plin. vii. 56), but such statements do not deserve attention. What is more to the purpose in reference to its antiquity is, that we find it mentioned in the Odyssee (vi. 100, &c. viii. 370, &c.), where it is played by the Phaeacian damsels to the sound of music, and also by two celebrated performers at the court of Alci-nous in a most artistic manner accompanied with dancing.
The various movements of the body required in the game of ball gave elasticity and grace to the figure ; whence it was highly esteemed by the Greeks. The Athenians set so high a value on it, that they conferred upon Aristonicus of Carystus the right of citizenship, and erected a statue to his honour, on account of his skill in this game. (Athen. i. p. 19, a. ; compare Suidas, s, v. "Opxytf-) It was equally esteemed by the other states of Greece ; the young Spartans, when they were leaving the condition of ephebi, were called crtyai-peTs (Paus, iii. 14. § <? ; Bockh, Corp. Inscr. n. 1386, 1432), probably because their chief exercise was the game at ball. Every complete Gymnasium had a room (fffycupio'T'tipiov, fftyaipKrrpa) devoted to this exercise [gymnasium], where a special teacher (cr<paipicrTiK6s) gave instruction in the art; for it required no small skill and practice to play it well and gracefully.
The game at ball was as great a favourite with the Romans as the Greeks, and was played at Rome by persons of all ages. Augustus used to play at ball. (Suet. Aug. 83.) Pliny (Ep. iii. 1) relates how much his aged friend Spurinna exercised himself in this game for the purpose of warding off old age ; and under the empire it was generally played before taking the bath, in a room (spJiaeristeriuni) attached to the baths for the purpose ; in which we read of the pilicrepus or player at tennis. (Sen. Ep. 57 ; Orelli, Inscr. n. 2591.)
The game at ball was played at in various ways : the later Greek writers mention five different modes, ovpavia, eiria'Kvpos^ tyawij'Sa, cLpiraair6v^ airdfipaZis, and there were probably many other varieties. 1. Oupavia was a game, in which the ball was thrown up into the air, and each of the persons who played strove to catch it, before it fell to the ground. (Pollux, ix. 106 ; Hesych. and Phot, s.v.; Eustath. ad Od. viii. 372. p. 1601.) 2. 3E7rtcrKu/)oy, also called tyyGiK'fi and sttikoivos, was the game at foot-ball, played in much the same way as with us, by a great number of persons divided into two parties opposed to one another. (Pollux, ix. 104.) This was a favourite game at Sparta, where it was played with great emulation. (Siebelis, ad Pans. iii. 14. § 6.) 3. ^aiviVSoc, called €<periv8a by Hesychius (s. v.\ was played by a number of persons, who threw the ball from one to another, but its peculiarity consisted in the person who had the ball pretending to throw it to a certain individual, and while the latter was expecting it, suddenly turning, and throwing it to another. Various etymologies of this word are given by the grammarians. (Pollux, ix. 105; Etym. Mag. s. v. 3?evvis ; Athen. i. p. 15, a.) 4. 'ApiraffTov, which was also played at by the Romans, is spoken of under harpastum. 5. *A.Tr6ppa£is9 was a game in which the player threw the ball to the ground with such force as to cause it to rebound, when he struck it down again with the palm of his hand and so went on doing many times: the. number of times was counted.