Dictionary of Greek and Roman antiquities. Ed. by William Smith. Illustrated by numerous engravings on wood.

918 PILA, PILA. the timber should be used in building a ship (Dig. Athen. i. p. 14, d. e.; Plin. vii. 56), but -such 13. tit. 7. s. 18. ~ 3); if there was confusio, as statements do not deserve attention. What is when the pledgee became the owner of the thing more to the purpose in reference to its antiquity is, that was pledged. It was also extinguished by that we find it mentioned in the Odyssee (vi. 100, the payment of the debt; and in some other ways. &c. viii. 370, &c.), where it is played by the The law of pledge at Rome was principally Phaeacian damsels to the sound of music, and also founded on the Edict. Originally the only mode by two celebrated performers at the court of Alciof giving security was by a transfer of the Quiri- nous in a most artistic manner accompanied with tarian ownership of the thing by Mancipatio or In dancing. jure cessio, if it was a Res Mancipi, on the condi- The various movements of the body required in tion of its being re-conveyed, when the debt was the game of ball gave elasticity and grace to the paid (sub lege remancipationis or sub fiducia). [Ft- figure; whence it was highly esteemed by the DUCIA.] Afterwards a thing was given to the Greeks. The Athenians set so high a value on it, creditor with the condition that he might sell it in that they conferred upon Aristonicus of Carystus case his demand was not satisfied: there was no the right of citizenship, and erected a statue to transfer of the ownership. But so long as the his honour, on account of his skill in this garme. creditor could not protect his possession by legal (Athen. i. p. 19, a.; compare Suidas, s. v.'OpXg1-.) means, this was a very insufficient security. Ulti- It was equally esteemed by the other states of mately the Praetor gave a creditor a right of action Greece; the young Spartans, when they were (actio in rein) under the name Serviana actio for leaving the condition of ephebi, were called oaa!the recovery of the property of a colonus which pes? (Pans. iii. 14. ~ 6; Bi ckh, Corp. Inscer. n. was his security for his rent (pro mnercedibusfilndi); 1386, 1432), probably because their chief exercise and this right of action was extended under the was the game at ball. Every complete Gymnasium name of quasi Serviana or hypothecaria generally had a room (qepatpiov'pto~, aepaipLcrrpa) devoted to to creditors who had things pignerated or hypothe- this exercise [GYMNASIUM], where a special cated to them. (Inst. 4. tit. 6. s. 7.) As to the teacher (oaalpltprmiT14S) gave instruction in the art; Interdictum Salvianum, see INTERDICTUM. for it required no small skill and practice to play The progress of pledge in the Roman system it well and gracefully. was from the clumsy contrivance of a conveyance The game at ball was as great a favourite with and reconveyance of the ownership, to the delivery the Romans as the Greeks, and was played at (traditio) of a thing without -a conveyance and Rome by persons of all ages. Augustus used to upon an agreement that it should be a security play at ball. (Suet. Aug. 83.) Pliny (Ep. iii. 1) (pignus), and finally to the simple Pactumn hy- relates how much his aged friend Spurinna exerpothecae, in which case there was ~Ao delivery, and cised himself in this game for the purpose of ward - all that the creditor got, was a riglt to have some ing off old age; and under the empire it was particular thing of the debtor subject to be sold to generally played before taking the bath, in a room pay his debt. The hypotheca was the last stage (spkiaeristerium) attached to the baths for the purin the development of the Roman law of Pledge. pose; in which we read of the pilicrepus or player It gave facilities for pledging beyond what existed at tennis. (Sen. Ep. 57; Orelli, Iuscr. n. 2591.) when the Pignus was only in use, because things The game at ball was played at in various ways: could be hypothecated without a transfer of owner- the later Greek writers mention five different ship or a giving of possession, such as mere rights modes, obrpavia, &irlaKVpos, parvimVa, &pra(rorv, of action, debts, and the like. In fact, Pawn or &7rMpaSts, and there were probably many other Pledge under the form of Hypotheca was perfected varieties. 1. Obpavia was a game, in which the by the Romans, and there is nothing to add to it. ball was thrown up into the air, and each of the The Roman Law of Pledge has many points of persons who played strove to catch it, before it fell resemblance to the English Law, but more is com- to the ground. (Pollux, ix. 106; Hesych. and prehended under the Roman Law of Pledge than Phot. s. v.; Eustath. ad Od. viii. 372. p. 1601.) the English Law of Pledge, including in that tern 2.'E7rielcvpor, also called eipqnlK?' and e7r1Kovos, Mortgage. Many of the things comprehended in was the game at foot-ball, played in much the the Roman Law of Pledge belong to the English same way as with us, by a great number of perLaw of Lien and to other divisions of English sons divided into two parties opposed to one anLaw which are not included under Pledge or other. (Pollux, ix. 104.) This was a favourite Mortgage. game at Sparta, where it was played with great (Dig. 20. tit. 1, 2, 3, &c.; Cod. 8. tit. 14-35; emulation. (Siebelis, ad Pans. iii. 14. ~ 6.) 3. Gains, ii. 59 —61; Dig. 13. tit. 7, and Cod. 4. 4,aLiv a, called iepr'lPva by Hesychius (s. v.), was tit. 24. De Pignoraticia Actione vel contra; Puchta, played by a number of persons, who threw the Inst. i. ~ 246, &c.; there is an English treatise ball frora one to another, but its peculiarity conintitled "The Law of Pledges or Pawns as it was sisted in the person who had the ball pretending in use among the Romans, &c., by John Ayiiffe, to throw it to a certain individual, and while the London, 1732," which appears to contain all that latter was expecting it, suddenly turning, and can be said, but the author's method of treating throwing it to another. Various, etymologies of the subject is not perspicuous.) [G. L.] this word are given by the grammarians. (Pollux, PILA (oa-(apa), a ball. The game at ball ix. 105.; Etym. Mag. s. v. eviAs s; Athen. i. p. (a(patpmrr6T-) was one of the most favourite 15, a.) 4.'ApsraeoriV, which was also played at gymnastic exercises of the Greeks and Romans by the Romans, is spoken of under HAnPaSTUMa. from the earliest times to the fall of the Roman 5.'AardPatLts, was a game in which the player empire. As the ancients were fond of attributing threw the ball to the ground with such force as to the invention of all games to particular persons or cause it to rebound, when he struck it down again occasions, we find the same to be the case with re- with the palm of his hand and so vwent on doing spect to the origin of this game (lierod. i. 94; many times: the number of times was counted.

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Dictionary of Greek and Roman antiquities. Ed. by William Smith. Illustrated by numerous engravings on wood.
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Smith, William, Sir, 1813-1893.
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Page 918
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Boston,: C. Little, and J. Brown
1870.
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Classical dictionaries

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