Scanned text contains errors.
PER PIGNORIS CAPIONEM. 885
and over it an ample shawl, which she passes entirely round her body and then throws the loose extremity of it’over her left shoulder and behind her back, as is distinctly seen in the sitting figure. The shawl was also often worn so as to cover the head while it enveloped the body, and more especially on occasion of a funeral (see woodcuts, p. 557), or of a marriage, when a very splendid shawl (Tracrrds, I Maccab. i. 2.7) was worn by the bride. The following woodcut (from Bartoli, Admir. Rom. Ant. pi. 57) may be supposed to represent the moment when the bride, so veiled, is delivered to her husband at the door of the nuptial chamber. He wears the pallium only ; she has a long shift beneath her shawl, and is supported by the pronuba.
Thus veiled the poets represented Aurora and Night, but with this difference, that the one arose expanding a shawl dyed with saffron (KpoicoTreirXos "Hcos, Horn. //. viii. 1, xxiii. 227), whereas a black one enveloped the other (/*eAa/x7re7rAos Nu£, Eurip. Ion, 1150).
Of all the productions of the loom shawls were those on which the greatest skill and labour were bestowed. So various and tasteful were the subjects which they represented, that poets delighted to describe them. The art of weaving them was
entirely Oriental (fiapgdpuv v^dcr^ara, Eurip. 1159) ; those of the most splendid dyes and curious workmanship were imported from Tyre and Sidon (Horn. II. vi.289 — 294) : a whole book was written by Polemo "Concerning the Shawls at Carthage." (Athen. xii. p. 541.) Hence " Shawls " (TreVAoi, Clem. Alex. Strom. vi. 1. p. 736, ed. Potter) was one of the titles of works of an imaginative or descriptive character, and was adopted to intimate the variety of their subjects and. the beautiful mode of displaying them. A book, intended to depict some of the characters in the Iliad, and denomi nated " The Shawl," was ascribed to Aristotle. (Eustath. in 11. ii. 557.) Varro also wrote a Peplo- graptiy (TreTrAoypa^m, Cic. ad Ait. xvi. 11.) As a specimen of the subjects delineated a shawl may be mentioned, which exhibited the frame of the world. (Mart. Capella, L. vi. in Mattaire’s Cor-. pus Poetarum, vol. ii. p. 1446.) Euripides describes one which represented the sun, moon, and stars, and which, Avith various others containing hunting- pieces and a great variety of subjects, belonged to the temple of Apollo at Delphi, and was used to form a magnificent tent for the purpose of an enter tainment (/ow, 1141 — 1162) ; for it is to be ob served, that stores of shawls Avere not only kept by Avealthy individuals (Horn. Od. xv. 104 — 108), but often constituted a very important part of the treasures of a temple (Eurip. Ion, 329, 330), having been presented to the divinity on numerous occa sions by suppliants and devotees. (Horn. II. vi.271 — 3:04 ; Virg. Am. i. 480, dr. 21—35,) [Com pare donaria ; panathenaea ; pastophq- kus.] [J. Y,]
PER CONDICTIONEM. This Legis Actio, says Gains, Avas so called because the plaintiff .gave notice .to the defendant to be present on the thirtieth day after the notice in order that a judex might be appointed. (Comp. Gell. x. 24.) It avrs an actio in personam and applicable to those cases in Avhich the plaintiff required the defendant to give something (qua intendit dari oportere). This Legis Actio was introduced by a Lex Silia in the case of a fixed sum of money (certa pecunia^), and by a Lex Calpurnia in the case of any definite thing. Gaius observes that it does not appear why this form of action Avas needed, for in a case of " dari oportere " there was the Sacramentum, and the Per Judicis postulationem. The name Con- dictio Avas applied to actiones in personam, after the legis actiones fell into disuse, though impro perly, for the notice (denuntiatio} Avhence the legia actio took its name Avas discontinued. (Gaius, iv. 18, &c.) ‘ [G.L.J
PER JUDICIS POSTULATIONEM Avas one of the Legis Actiones. The passage in Gaius is Avantingin Avhich this form of action is described. There are some remarks on this Actio by Puchta, Inst. ii. § 154, 162. [G. L.]
PER MANUS JNJECTIONEIvI. [manus injectio.]
PER PIGNORIS CAPIONEM or CAP-TIO’NEM. This Avas one of the Legis Actiones or old Forms of procedure, Avhich in some cases Avas founded on custom (mos), in others on enactments (lex). It Avas founded on military usage in. the following cases. A soldier might seize as a pledge (pignus ca-pere) anything belonging to the person who had to furnish the aes militare, in .case he did not make the proper payments ; he might I also make a seizure in- respect of the money due
sl 3
