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PATRIZI-PAULETTE

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PATRIZI, FRANCESCO (1412-1494) born at Siena, became bishop of Gaeta, where he applied himself to study.

He was a contemporary of CARAFA, and may be included among the humanists (see HUMANISM); but he made no original contribution

to political science. He repeated the theory of ARISTOTLE without enriching it. He recommends protection for merchants and tradesmen, the latter of whom, also according to him, contribute to the enriching of a country; no protection at all however, he argues, should be granted to the importers of articles of luxury. He considered that the state should provide the means of subsistence for the population, and proposed the institution of prefects to preserve the corn in the public granaries (see GRENIERS D'ABONDANCE). Living in the kingdom of Naples, he naturally occupied himself with the much-debated question of the Royal DOMAINE (q.v.), maintaining the advisability of its maintenance; considering, however, that, for the advantage of agriculture, such bona fiscalia should be administered through the system of perpetual tenants.

De regno et regis institutione, Parisiis, 1519, 1534, 1567, etc.- - De institutione reipublicae, Parisiis, 1518, etc.

A. B.

The

PATRONAGE is the name for the right to appoint the holder of a public office. Such a right may be vested in the crown, in which case it is exercised on the recommendation of the minister to whose department the vacant office is subordinated, or in the holder or holders of some other office or offices, or it may be attached to the ownership of land. right to appoint to offices held by laymen, which at one time was looked upon as a source of pecuniary emolument, is now-as a ruleexercised in accordance with definite general rules, and subject to the vigilant control of public opinion, and the word "patronage" is now generally used with respect to clerical offices only, and more particularly in relation to the appointment of parochial incumbents. While many livings are under the patronage of the crown, or of public or quasi-public bodies, who are supposed to exercise their right with reference to the merits of the candidates, there are many others as to which the right to appoint the parochial incumbent is vested in a private patron, being either the lord of the manor, or in the case of the right of patronage having been severed from the manor-in which case it is called an "advowson "-the owner of the advowson, who may reserve the appointment for relatives or friends, or sell the next presentation during the life of the actual incumbent, and, on the living becoming vacant, appoint the purchaser's nominee, unless the vacancy arises through the selection of the last

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incumbent for a bishopric, in which case the patronage is, pro hac vice, vested in the crown.

The sale of the presentation during a vacancy is legally "simony," and therefore unlawful; and it is also "simony" for the proposed incumbent himself to purchase the next presentation; but the sale of the next presentation to a third party, who may be a near relative of the proposed incumbent, is not condemned either by law or public opinion. Ecclesiastical patronage may therefore be a source of pecuniary profit.

E. S.

PATRONAGE (in the French sense). Besides its general sense, this word in French is specially applied to institutions organised and in many cases directed by the heads of manufactures and mills, or by beneficent associations, to promote the moral and material welfare either of their own workmen, or of the working classes in general, discharged These inprisoners, destitute young girls, etc. stitutions take various forms, such as patronages affording facilities for the investment of small savings, or providing at cost price sanitary dwellings or food and articles of large consumption (called, in this case économats); the purpose of others is, the opening of places for healthy and moral recreation, etc. his school have been the most energetic and LE PLAY (q.v.) and convinced promoters of these institutions: as a matter of fact, most of them have worked satisfactorily both for men and masters. The latter now tend to recede as much as possible into the background, and to give up the management to the men themselves. Yet the masters are charged, in socialistic circles, with steadily aiming at the exercise of tutelary or rather of oppressive power.

[The Rapport de la Section d'Économie Sociale of the Paris exhibition of 1889 (2nd vol. 1890) gives information on the then existing patronages. See also the article Patronages in the Nouveau Dictionnaire d'Economie Politique, the collection of the Réforme Sociale, Le Play's Réforme Sociale en France (vol. ii. pp. 406-435, ed. 1867), and Fougerousse, Patrons et ouvriers à Paris (1880).]

E. Ca.

PATRONUS. (1) The head of a patrician family, to whom persons attached themselves as dependent members of the family (clientes, see CLIENT), was their Patronus. (2) A master who gave his slave liberty by a legal act of manumission became thereby patronus of such freedman (libertus), a family relation of duty and protection being thus constituted between them. (3) Patronus may also signify a defender of the cause of another in a court of justice.

E. A. W.

PAULETTE. The practice of raising a revenue by the sale of offices was introduced into France in the 15th century and became a regular system in the 16th century. Few financial expedients have proved more ruinous.

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PAULETTE-PAUPERIES

In the first place the income derived was casual and not regular, and the occasional windfalls were practically loans on which the payments to office-holders constituted an excessive interest. Thus the sale of offices gave rise to a disguised national debt contracted on very disadvantageous terms to the state. And the financial loss was by no means the only evil. In order to make the offices valuable it was necessary to give the holders a secure tenure, and so the crown had to abandon the power of dismissal. Thus the office-holders became independent, and the judges in the parliament of Paris and other sovereign courts, who had in early times been the strongest supporters of the royal power, became in the 17th and 18th centuries the most resolute opponents of the monarchy. An inevitable result of the practice of purchase was that the buyers began to look upon their places as private property. This was partially recognised by an ordinance of 1567, which allowed an official to transfer his office to another, provided that (1) the original holder survived for forty days after the bargain, and (2) the recipient paid a third of the purchase money to the state. In 1605 Sully, the great minister of Henry IV., took the final step in this direction. The members of the sovereign courts were allowed to hold their seats as private and heritable property on condition of paying annually to the state a sixtieth part of their value. This charge was called the droit annuel, but is more usually known as the paulette, because the collection of the charge was in the first instance farmed out to a man called Paulet. This innovation of Sully's was a financial reform, because it substituted a regular yearly income for the casual in-comings which resulted from the practice of sale. But, from the point of view of the monarchy, the political results were by no means equally satisfactory. By the institution of the paulette the magistracy was made into a close hereditary class, and thus its independence was greater than ever. This result was to some extent foreseen, hence the system was not at first made permanent, but was fixed only for a period of years. the crown reserved some control over officials, and could threaten, in case of opposition, to put an end to the droit annuel, which would at once deprive them of the property in their seats. But the official classes clung tenaciously to a system which gave them such obvious independence. When, in 1648, the government tried to coerce the judges, by allowing the paulette to expire without renewal, the vigorous opposition of the parliament of Paris was one of the chief causes of the Fronde. And their opposition was so far successful that, with some few interruptions, the paulette, and the hereditary tenure of offices of which it was the symbol, lasted till the old régime was overthrown by the Revolution (FARMER-GENERAL; FARMING OF TAXES). |

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PAULUS JULIUS, a Roman prætor of the 3rd century. In the Corpus Juris, under the title of the Purchase-Sale (Dig. XVIII, ì. 1) is inserted a law of Paulus, which explains the origin of exchange and specifies the function of money.

The Prætor says: "Origo emendi vendendique a permutationibus cœpit: olim enim non ita erat numus: neque aliud merx, aliud pretium vocabatur: sed unusquisque secundum necessitatem temporum, ac rerum, utilibus inutilia permutabat, quando plerumque evenit, ut, quod alteri superest, alteri desit; sed quia non semper, nec facile concurrebat, ut cum tu haberes quod ego desiderarem, invicem haberem, quod tu accipere velles, electa materia est, cujus publica ac perpetua æstimatio difficultatibus permutationum, æqualitate quantitatis subveniret; æque materia forma publica percussa, usum dominiumque non tam ex substantia præbet, quam ex quantitate: nec ultra merx utrumque, sed alterum pretium vocatur."

The Italian economists of the 18th century discussed with much learning and heat the Roman ideas on money, its origin, and the functions of exchange -while PAGNINI maintained that the ideas of the Romans on money were altogether opposed to those of the economists of his century, Gian Rinaldo Carli and more fully Pompeo NERI showed that they were conformable to them. See also the monograph of Giulio Alessio on the conception of value in classical antiquity (Archivio Giuridico italiano, vol. xlii. Bologna, 1889); H. Cernuschi discussed it, showing that the conception of money as he explained it was entirely conformable to that of the Prætor Paulus Julius (Anatomie de la Monnaie, Paris, 1886, pp. 9-10).

See in the "Corpus Juris Civilis romani": Edit. cum notis integris Dionysii Gothofredi Neapoli, 1828, Lib. xviii. Tit. I.-De contrahenda emptione et de pactis inter emptorem et venditorem compositis et quae res venire non possunt. De origine emptionis, et venditionis, ejusque et permutationis differentia.-De nummis I. Quibus modis emptio contrahitur.-I. Paulus, lib. 33, ad Edictum.

A. B.

PAUPERIES is an expression used in Roman law for accidental injury caused to a person by an animal belonging to another, contrary to the nature of the animal. The party thus injured could claim from the owner of the animal damages for the injury, unless the owner preferred to surrender to him the animal which had done the mischief. This practice of surrender, which was applicable also in the case of injuries committed by children under paternal power and by slaves, had its origin in the primitive notion of vengeance against a person or thing that has been the cause of damage. But in course of time the master or owner of the guilty object was allowed to buy off such vengeance by payment of pecuniary damages (see Holmes, Common Law, Lecture I.).

E. A. W.

PAUPERISM-PAWN

PAUPERISM. The word "pauperism" is used in two senses. It is a state, that is a condition, and it is also the sum of paupers. In the first sense it is uniform, it follows a definition and consequently is always the same thing; in the second, it fluctuates from year to year, and from district to district. 1. In the first sense it is a legal term. The pauper in

the eye of the law, and in the technical sense,

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given time, a statement which clearly is subject
to great variations. With the causes of these
variations we need not here deal particularly,
but merely remark that they include the state
of trade and production generally, and the
administration of the law itself among other
factors. Pauperism and the amount of it
may be reckoned on several bases, e.g. the
number of persons receiving relief during a

number for a given day. For the purposes of
comparison it is clearly indifferent which is
adopted, provided that the same basis be taken
at the two periods, but for the purpose of
particular inquiries the distinction is most
important. Again the cost of pauperism must
often be taken as an index to its amount, in the
absence of more accurate statistics. Roughly,
the pauperism of England has shown a tendency
to increase and decline over certain long periods.
From 1601 to a point which may be put at
1750, pauperism on the whole diminished.
Thus the cost of maintaining the poor fell
from £819,000 in 1698 to £619,000 in 1750,
in spite of an increase in population.
1750 to 1817 the growth of pauperism was rapid
and great, the cost rising from £1,912,000 in
1785 to £4,077,891 in 1803, and to £7,810,801
in 1817. From this year onwards a decline
takes place, slow at first but more rapid after
the passing of the new poor law in 1834. Thus
in 1849 the paupers in England and Wales were
6.3 per cent of the population; in 1860, 4.3.
The American War raised the percentage to 5.3
in 1863, but by 1873 it had fallen again to 3.8,
in 1883 to 3.0, in 1893 it stood at 2.5 and in
1896 at 2.6.

From

is a destitute person, in receipt of relief ad-given period, or the number of cases, or the ministered under the poor law. He is a destitute person, and destitution implies an absence or want of the necessaries of life, food, clothing, shelter. Thus pauperism is clearly distinct from poverty. The poor man is one who, having the necessaries of life, falls short of some standard of comfort, whether that standard be determined by reference to some end, e.g. 4 sufficiency to lead a high type of life, or to the circumstances and average of the time. The rich man of one generation in one century may be the poor man of the next, but the necessaries of life are always the same, when interpreted in the sense of "enough to keep body and soul together.' Now to these necessaries every member of the United Kingdom has a right at the hand of the state, a right secured to him by a series of acts, beginning with 43 Eliz. c. 2. To meet this claim an elaborate machinery or organisation exists, composed of a central authority, the local government board, later the Ministry of Health, and the local authorities, viz. boards of guardians with their several administrative officers. On these local authorities lies the obligation to provide for the destitute the means of subsistence, but the conditions under which they do so vary greatly, and will be discussed elsewhere (POOR LAW, ADMINISTRATION OF). The moment that a destitute person has been relieved he is a pauper, and as such suffers certain disabilities, e.g. the loss of the right to vote at elections, but no such disability attaches to the receipt of medical relief only. It is true that even government has not always been consistent in its use and interpretation of the terms destitution and pauperism. Thus in a circular of the local government board of the 25th of January 1875, we find it stated that the spirit of administration in workhouses has changed of late years in consequence of a change (i) in the circumstances of the time; (ii) in the character of the recipients of relief. This implies that workhouses are now expected to "move with the times," and to interpret the phrase "necessaries of life" in the light of the average standard of living at the present time. In other words, that destitution has ceased to be the test for the receipt of relief, and guardians no longer confine themselves to "measuring destitution" in the relief which they give. 2. In its other use, pauperism denotes the number of paupers in a country at a

VOL. III

L. R. P.

PAWN, a pawn or PLEDGE (q.v.) is where possession of a personal chattel is delivered by one person to another as security for a debt. The general property remains in the pawnor; the pawnee takes the possession and the right to possess. The pawnee may sell the goods on non-payment of the debt after the time fixed for repayment has expired; if no such time has been fixed the pawnor must demand payment before selling. Where a sale takes place the pawnor is entitled to the net surplus after payment of the debt and all expenses. If the pawnor pays the debt he at once acquires the right to possess.

A distinction is drawn between a pawn and a MORTGAGE, of chattels. In the case of a pawn the pawnee acquires only a special or limited property in the goods; in a mortgage the whole property passes subject to a condition that on repayment of the debt the property will be reconveyed. A right of sale is incident to a mortgage of chattels.

A pawnee does not as a rule acquire any greater right to the chattel than that which the pawnor had; but to this principle there are some exceptions contained in the Factors Act

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PAWNBROKING-PEACOCK

1889. Pawnbrokers are subject to special rules (see PAWNBROKING).

[Goodeve, Personal Property, London, 1892. Turner, Contract of Pawn, London, 1883].

J. E. C. M.

PAWNBROKING. This expression denotes the professional lending of small sums on the security of a PLEDGE (q.v.). This kind of business, from its nature, is liable to great abuses, inasmuch as it may, if uncontrolled, be made a pretext for the habitual receiving of stolen goods; whilst honest borrowers may be subjected to cruel extortion. For this reason

pawnbroking in most countries is either under public supervision or else entirely in the hands of public institutions (see MONTS de Piété).

In Great Britain the enactments relating to this matter were consolidated by the Pawnbrokers Act 1872 (35 & 36 Vict. c. 93), which requires any person who carries on "the business of taking goods and chattels in pawn," or who carries on any business which, though apparently intended for other transactions, is in effect a business for lending money on the security of goods and chattels-in so far as the loans are for less than £10-(1) to take out yearly licenses, which are not granted if the applicant fails to produce satisfactory evidence to character, or if his shop is frequented by thieves or persons of bad character; (2) to use certain prescribed books of account; (3) to exhibit his full name over the outer door of his shop, with the word "Pawnbroker"; (4) to exhibit, in a conspicuous place of his shop, certain regulations as to the conditions and terms on which loans are granted.

The act regulates these terms and conditions; but in the case of loans between £2 and £10, the statutory regulations do not apply if a special contract, the form of which is prescribed by the act, is made between the parties. As regards loans to which the regulations apply, a maximum profit is fixed as well as a minimum term for redemption; and the sale of unredeemed pledges is subjected to certain specified rules. In all cases a pawn-ticket must be handed to the borrower, and must contain particulars as to charges, time and condition of redemption, and other prescribed matters. A pawnbroker is not entitled to take articles in pawn from any person appearing to be under the age of twelve years, or to be intoxicated; he must not employ any person under the age of sixteen years as an assistant; and must not do business on any public holiday. There are, also, special provisions intended to make it more difficult for pawners to pledge goods entrusted to them or stolen by them, and to prevent pawnbrokers from taking such goods in pawn; and a pawnbroker who reasonably suspects any person of not being entitled to pawn an article offered as a pledge, may deliver such person and such article into the custody of a constable. stipendiary magistrate, or any justices sitting as a court of summary jurisdiction, may order a pawnbroker at any time to produce his books and the papers relating to his business. Disobedience to any rule laid down in the Pawnbrokers Act subjects the person concerned to penalties, varying

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PAYMENT. The term payment primarily means a payment in money. A creditor is always entitled to have his debt paid in legal tender, and is not obliged to take a bill or cheque, or to allow a settlement in account. But "payment" is not a technical term, and it is held to include any settlement of a debt which is treated by the parties on a cash payment, though no money actually passes.

When a bill or note is taken in payment of a debt, the strong presumption is that it is taken as conditional payment only. In that case, if the bill or note is dishonoured, the creditor is remitted to his original rights, and can sue for the debt as well as on the instrument.

M. D. C.

PAYMENT FOR HONOUR. See HONOUR, PAYMENT FOR.

PEACE OF GOD. See TRUCE of God. PEACOCK, GEORGE (1791-1858), dean of Ely, was the author of an Algebra, the parts of which relating to the use of symbols may be consulted with advantage by the mathematical economist. Peacock's doctrine of the negative sign to represent debt has indeed been impugned by Mr. Macleod (Theory of Banking, ch. iv.

§ 2, art. 18); but then Mr. Macleod's own doctrine has been impugned by COURNOT (Revue Sommaire). Those who agree with Cournot may employ in Peacock's defence one of the principles which he has enunciated: namely that the subtraction of a negative is positive. The refutation of an adverse criticism amounts to a rehabilitation.

JEVONS also (Theory, ch. viii.) has taken exception to the certainly inelegant representation of interest in Peacock's earlier treatise on algebra. The passage was withdrawn by the author from his second edition or version.

A more concrete contribution to political economy was made by Peacock in his review of the agriculture and land tenure of Madeira, which contains much interesting information and reflection; for instance with respect to the metayer system (see MÉTAYAGE).

There is also attributed to Peacock by the writer of his life in the National Biography, a pamphlet on the corn-laws (1846), in which it is argued that a free trade would not therefore be a regular trade, it being assumed that our domestic produce is sufficient for our

PEARSON-PEASANT PROPRIETORS

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domestic consumption in two years out of | monious, and avaricious habits of mind; and three.

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A Treatise on Algebra, 1830.-A Treatise on Algebra, 1842-45. - Treatise on Climate and Meteorology of Madeira, by J. A. Mason. (Part iv., a review of the agriculture and tenure of land, by Geo. Peacock), 1850.-Upon the probable inAuence of a repeal of the Corn Laws upon the trade in Corn, 1846. (Anonymous; contained in the library of the British Museum under the shelf marked 8245, d. 55).—Answers to the Questions communicated by Lord Overstone to the Decimal Coinage Commissioners (Decimal Association), 1857.

F. Y. E.

PEARSON, CHARLES HENRY (1830-1894), historian, politician, advocate of land- taxes, and minister for education (1886-1890) in Victoria; wrote National Life and Character, A Forecast (1893), in which he prophesied that white men would leave the tropics and be squeezed into the temperate zone, and the squeezing process would fuse different classes in a state socialism which would sap church, family, and individual character, the latter being also menaced by big public debts, armies, and towns. The individual would wither and the race grow more and more, and the old age of the Aryan races, which had already set in, would be passed under "a gray sky." B. Kidd's Social Evolution (1894) criticised (p. 323) but resembled this book; both books lay stress on the moral and intellectual sense. Pearson thought that the mind could only postpone and mitigate, Kidd that it could make and avert destiny. Sociologists have written far less important books with far greater scientific pretension on the same subjects.

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[C. H. Pearson, Reviews and Critical Essays, edited with Memoir by H. A. Strong (1896). The National Dictionary of Biography (1895) s.v. "C. H. Pearson" enumerates and appraises his other works.]

J. D. R.

3rd, it depresses the birth-rate and interferes with the normal development of population. To each of these complaints a reply has been made: 1st, the return of corn grown by small peasants may be, and probably is, really inferior, but this inferiority does not appear in vegetable and orchard cultivation, which are important in our present agricultural system, nor in the cultivation of vines and such crops as tobacco. If sheep breeding unmistakably requires extended areas, experience shows that breeding ordinary horses and cattle, as well as poultry, can be managed successfully on small holdings. 2nd, the debased state of mind discovered among the French peasantry by some writers, like Lady Verney in How the Peasant Owner Lives, has been grossly exaggerated, and their so-called low style of living is still far superior to that of day-labourers in many countries with large hereditary estates. 3rd, granting that peasant proprietorship acts to a certain extent as a check on population, prudential considerations are quite as prevalent among well-to-do farmers and the inhabitants of towns, and the birth-rate remains high in countries (like Belgium) with a considerable proportion of peasant ownership in land; on the other hand, over-population or Uebervölkerung, involving the existence of a miserable urban or rural proletariat, is an unmitigated evil.

Another objection, formerly more solid, is that small peasant proprietors, as a body, are addicted to routine and averse to scientific improvements; and that, even if they were willing to adopt the latter, their means are often insufficient to cover the necessary expenses. However, the diffusion of instruction has decidedly removed this hostility to progress, and association now enables French peasants to use, for instance, steam threshing-machines, and to found, in the east of France, under the name of fruitières, co-operative manufactories of cheese, working on the most approved principles; in other places the same organisation is adopted for making butter. If in southern France, after the invasion of the phylloxera, large winegrowers were the first to adopt scientific antidotes to this disease, their example has later on been followed by their smaller neighbours. Small peasant proprietorship is the most powerful incentive to labour; it affords the best opportunity of employing the whole family under the direction of its head, and strengthens family-life. In small and middle-sized farms owned by men working themselves, the "eye of the master can better observe what is wanting than in very large farms; further, the owner is not tempted, as the farmer may be, Three principal arguments have been directed to sacrifice the permanent qualities of the soil against peasant proprietorship: 1st, it does not to gaining immediate but temporary profits; yield the same returns as farming on an ex- he husbands the fertility of his land, and tensive scale; 2nd, it generates low, parsi-hudders at the prospect of exhausting it.

PEASANT PROPRIETORS. It has been shown in the article on MORCELLEMENT, containing statistics of present landownership, that in France, the country in which, with Belgium, peasant proprietorship exists on the most extensive scale, this institution had existed long previous to the French revolution, though that movement gave it a considerable impetus. It may incidentally be observed that during the most prosperous period of the middle ages, say before the beginning of the Hundred Years' War, tenants in VILLENAGE, so long as they paid their dues to the lord of the MANOR, whether in money or in kind, enjoyed legally the same security against ejectment as the 19th-century peasant owner who discharges his taxes punctually.

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