History of the Decline and Fall of the Roman Empire — Volume 4Gibbon, Edward
History
History of the Decline and Fall of the Roman Empire — Volume 4
Gibbon, Edward
Byzantine Empire -- History -- To 527; Rome -- History -- Empire, 30 B.C.-476 A.D.
obsolete statute; a tradition that the poorest follower of Romulus had
been endowed with the perpetual inheritance of two _jugera_; a statute
which confined the richest citizen to the measure of five hundred
jugera, or three hundred and twelve acres of land. The original
territory of Rome consisted only of some miles of wood and meadow along
the banks of the Tyber; and domestic exchange could add nothing to the
national stock. But the goods of an alien or enemy were lawfully exposed
to the first hostile occupier; the city was enriched by the profitable
trade of war; and the blood of her sons was the only price that was paid
for the Volscian sheep, the slaves of Briton, or the gems and gold of
Asiatic kingdoms. In the language of ancient jurisprudence, which was
corrupted and forgotten before the age of Justinian, these spoils were
distinguished by the name of _manceps_ or _mancipium_, taken with
the hand; and whenever they were sold or _emancipated_, the purchaser
required some assurance that they had been the property of an enemy,
and not of a fellow-citizen. A citizen could only forfeit his rights by
apparent dereliction, and such dereliction of a valuable interest
could not easily be presumed. Yet, according to the Twelve Tables, a
prescription of one year for movables, and of two years for immovables,
abolished the claim of the ancient master, if the actual possessor had
acquired them by a fair transaction from the person whom he believed
to be the lawful proprietor. Such conscientious injustice, without any
mixture of fraud or force could seldom injure the members of a small
republic; but the various periods of three, of ten, or of twenty years,
determined by Justinian, are more suitable to the latitude of a great
empire. It is only in the term of prescription that the distinction of
real and personal fortune has been remarked by the civilians; and
their general idea of property is that of simple, uniform, and absolute
dominion. The subordinate exceptions of _use_, of _usufruct_, of
_servitude_, imposed for the benefit of a neighbor on lands and houses,
are abundantly explained by the professors of jurisprudence. The claims
of property, as far as they are altered by the mixture, the division,
or the transformation of substances, are investigated with metaphysical
subtilty by the same civilians.
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