chapter 6

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[1408] From comparing the remains of the next inscription (5) it appears that the emperor is Hadrian.

[1409] Cf _agrum rudem provincialem_ in Hyginus, Gromat I 203. In the later empire we find legislation to promote such cultivation. See cod Th V 11 § 8 (365 AD), § 12 (388-392), 14 § 30 (386).

[1410] Dig XLI 3 § 33¹. Of course the _dominus_ could possess _per colonum_. See Buckland, _Elementary Principles_ § 38 p 77.

[1411] _quae venibunt a possessoribus._

[1412] For _aridi fructus_ cf Digest XLIX 14 § 50.

[1413] _in cuius conductione agrum occupaverit._

[1414] _rationi_ (_bus fisci_) gives the sense. But _rationi_ simply may be correct, cf Digest II 14 § 42, etc.

[1415] Girard cites Rostowzew’s opinion that the right to occupy abandoned land as well as old wastes was an extension of the _lex Manciana_ by the _lex Hadriana_.

[1416] See Dig XIX 2 §§ 15³, 24², 25³, 51ᵖʳ, 54¹.

[1417] Later legislation to prevent this neglect of poorer land. Cod Th V 14 § 34 (394 AD), X 3 § 4 (383), XI 1 § 4 (337), etc.

[1418] Prof Buckland writes to me that he believes these squatters were to be owners, not _coloni_, owners in the only sense possible in non-Italic soil, paying _tributum_. The words _frui possidere_ used to describe their right are the technical words for provincial ownership. Cf Gaius II 7.

[1419] In _Hermes_ XXIX pp 215, 224.

[1420] Girard, part III