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Lippincott's Magazine of Popular Literature and Science - Volume 17, No. 097, January, 1876 by Various
page 226 of 286 (79%)
ruin of Italy. It put an end to the legitimate supplies of grain which
those countries had been accustomed to contribute; it forced their
populations to crowd into already overcrowded Italy, and increase the
requirements of food in a country which had been exploited like their
own, and, though not so rapidly, yet by similar means;[1] and it gave
rise to the servile wars, to the most corrupt period in Roman history,
to the Empire, and to the endless series of consequences in its train.

[Footnote 1: Although the various states of Italy were conquered
by Rome before Greece was, it is probable that emphyteusis was not
employed in those states until after the year B.C. 146--between that
and B.C. 120.]

After the Western Empire had apparently fallen beneath the Northern
arms--that is to say, five hundred years later--and not until then,
the Roman Code ameliorated the baneful tenure of emphyteusis. A law of
the emperor Zenos (A.D. 474-491) fixed whatever had theretofore been
uncertain in the nature and incidents of emphyteusis. The tenant was
guaranteed from increase of rent and from eviction--the alienation
of the property by the state being held thenceforth to affect the
quit-rent only--and finally he obtained full power to dispose of the
land, which nevertheless remained subject to the quit-rent in whatever
hands it might be. Before these reforms were effected, Portugal was
conquered by the Visigoths, the Roman proprietors of the soil were
expelled, and their laws and institutions suppressed. This occurred
in the year 476. Whether emphyteusis in any form remained is not quite
certain, but it seems not; and during this government, and the Moorish
one which superseded it in the year 711, the Iberian Peninsula enjoyed
an interval of prosperity to which it had been a stranger for ages.

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