Page:The American Cyclopædia (1879) Volume XIII.djvu/211

 PAYNE PEA 201 is contingent or uncertain, as if B were the surety of A and might be bound to pay a certain sum if A did not, and A also owed B a certain and specific sum, and A pays a sum generally, B will not be permitted to hold it against his own suretyship, but must apply it to the specific debt. On the other hand, a court sometimes protects a surety, and, in his favor, will direct an appropriation of money paid generally ; as if A buys goods of B, and is the surety of A, and A pays to B money generally, B will be obliged, in justice to 0, to apply the money to payment for the goods. Payments are some- times made by a debtor, not voluntarily, but by compulsion of law, or by his assignees. In such case there is no appropriation by either party, but the payment is applied to all the debts in proportion to their amount.' PAYNE, John Howard, an American dramatist, born in New York, June 9, 1792, died in Tunis, April 10, 1852. At 13 years of age, while a clerk in a counting house in New York, he edited the " Thespian Mirror," a weekly jour- nal ; and in 1807, while a student in Union college, he published 25 numbers of a periodical, "The Pastime." He made his debut as an actor at the Park theatre, New York, Feb. 24, 1809, as " Young Norval," and subsequently appeared in Boston, Philadelphia, Baltimore, and elsewhere. On June 4, 1813, he appeared at Drury Lane theatre, London, as "Young Norval," and for nearly 20 years he pursued a career of varied success in England, as actor, manager, and playwright. He translated French dramas, and produced original plays and adap- tations, including "Brutus," "Therese, or the Orphan of Geneva," and " Olari." The first, produced in 1818, with Edmund Kean in the principal part, still holds possession of the stage. " Clari," which was produced as an opera, contains the celebrated song " Home, Sweet Home," which alone will preserve Payne's name from oblivion. In his play of " Charles the Second," the principal part was a favorite with Charles Kemble. In 1832 he returned to the United States, and in 1841 was appointed American consul at Tunis, which office he held at the time of his death. PAYSON, Edward, an American clergyman, born in Pvindge, N. H., July 25, 1783, died in Portland, Me., Oct. 22, 1827. He graduated at Harvard college in 1803, and then for three years had charge of an academy in Portland. In 1807 he was licensed to preach, and became associate pastor, and from 1811 till his death was pastor of the Congregational church in Portland. His works, consisting chiefly of ser- mons and occasional discourses, have been col- lected, with a memoir by the Rev. Asa Cum- mings, D. D. (3 vols. 8vo, 1846; new ed., 1859). PAZZI, Conspiracy of the. See MEDICI, vol. xi., p. 343. PEA (Lat. pisum ; Celt, pis ; Fr. pois), a common name for the fruit and nlant of pisum sativnm, and with a qualifying adjective for numerous related plants of the leguminosce or pulse family. Pease, as a plural form, to ex- press quantity or species, is much more in use in England than with us; the older English writers wrote the plural peason, to agree with housen, hosen, &c. The garden pea is a smooth and glaucous annual, from six inches to as many feet high, with abruptly pinnate leaves, of usu- ally two pairs of leaflets, and the common pe- tiole terminated by a branching tendril ; at the base of the leaf is a pair of conspicuous stip- ules ; peduncles axillary, and bearing one, two, or more white or pale violet flowers, having the irregular form common to a large portion of this family, and known as papilionaceous. The calyx has leafy lobes, and the five petals, unlike in size and in shape, have received fanciful Pea (Pisum sativum) Leaves, Flowers, and Fruit. names ; the upper and larger petal is the stand- ard (vexillum), the two side petals, immediate- ly below this, are the wings (aim), and the two lower ones, usually coherent by their edges, form the keel (carina) ; the stamens are ten in number in two sets (diadelphous), nine be- ing united by their filaments for the greater part of their length, forming an incomplete tube, while one stamen, the uppermost, is en- tirely free; ovary one-celled, terminated by a rigid style, flattened laterally and bearded down the inner edge; pod somewhat fleshy, several-seeded; the seeds globose, with very thick cotyledons which remain underground in germination. Our garden pea was cultivated by the ancient Greeks and Romans, but there is no proof that it was known in early times to