Public Lands and Agrarian Laws of the Roman Republic by Andrew Stephenson
page 14 of 124 (11%)
page 14 of 124 (11%)
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Thus the tenure of the patricians was threefold: First, they had full property in the land; second, they had a seigniorial right, _jus in re_, in the land of their clients and the plebeians whose property belonged to the _populus, i.e._ the generality of the patricians; in the third place, in their own hands, they held lands which were portions of the domain and which were held by a very precarious tenure called _possessio_. According to Ihne, all lands in Rome were held by the above mentioned tenure until the enactment of the Icilian law _de Aventino publicando_ which involved a change of tenure by converting the former dependent and incumbered tenure of the plebeians into full property. [Footnote 1: De Officiis, I, 12; Gaius, Frag., 234: Digest, 50, 16.] [Footnote 2: Varro, De L.L.V. 14; Plautus, _Trinummus_, Act I, Scene 2, V. 75; Harper's _Latin Dictionary_; Cicero, _De Off_., I, 12: "Hostis enim apud majores nostros is dicibatur, quem nunc peregrinum dicimus."] [Footnote 3: Cic., _loc. cit._; Gaius, Frag., 234.] [Footnote 4: Forcellini, _Lexic._; Harper's _Latin Lex_.] [Footnote 5: _i.e._ The descendents of a person escheated could bring no action for the recovery of the property.] [Footnote 6: Giraud, _Recherches sur le Droit de Propriété_, p. 210.] [Footnote 7: Gaius, Bk. II, 40.] |
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