Dictionary of Greek and Roman antiquities. Ed. by William Smith. Illustrated by numerous engravings on wood.

1076 SUCCESSIO. SUFFRAGIUM. called Auctor with respect to his successor. Ill of the notion was not left to the pleasure of indiorder to be Singular succession, the whole right of viduals, and accordingly this doctrine was, to use the auctor must be transferred. He to whom an a Roman phrase, Juris Publici. estate in fee simple is transferred, takes by Singular The words Successio, Successor, Succedere by succession: he to whom a life estate is granted out themselves have a general meaning and comprise of an estate in fee simple, does not take by Singu- both kinds of Succession. Sometimes these words lar succession. by themselves signify universal succession, as apThe object of Universal succession is property as pears from the context (Gains, iii. 82), and by an ideal whole (universitas) without any reference such expressions as heredes ceterique successores. to its component parts. Yet the notion of succes- In other cases the kind of succession is denoted by sion applies as well to a fraction of this ideal whole appropriate words as per universitatem succedere, as to the unit which this ideal whole is conceived acquirere, transire, in universum jus succedere, &c. to be; for the whole property being viewed as a in the case of Universal Succession; and ill rem, uanit, it may be conceived to be divided into frac- in rei dominium, in singularum rerum dominium tional parts without any reference to the several succedere, &c. in the case of Singular Succession. things which are included in the ideal whole. It In the phrase "per universitatem succedere" the was also consistent with this species of succession notion of universal succession is not directly exthat many particular things should be incapable of pressed; for the phrase has immediate reference to being transferred: thus in the case of an hereditas the acquisition of a single thing, and it is only by the ususfructus of the deceased did not pass to the means of the word Universitas that we express heres, and in the case of adrogation neither the the notion, that the acquisition of the individual ususfructus nor the debts of the adrogated person, thing is effected by means of the acquisition of the according to the old law. whole. In the case of Obligationes there is no Singular (Savigny, System, &c. iii. p. 8; Gaius, ii. 97, succession: there is either the change of the Obli- &c.; Puchta, Inst. ii. ~ 198.) [G. L.] gatio into another by Novatio, or the suing for the SUCCESSOR. [SuccEssio.] debt by another (cessio actionis). SUCCINCTO'RIUM. [SUBLIGACULUA.J ] The object of Universal succession is a Univer- SUDA'TIO, SUDATO'RIUM. [BALNEAE, sitas as such, and it is by means of the words p. 190, b.] Universitas and Universum, that the Romans de- SUFFI'BULUM. [VESTALES.] note this kind of succession; but it would be er- SUFFRA'GIA SEX. [EQUITES, p. 472, b.] roneous to infer from this use of the term that SUFFRA'GIUM, a vote. At Athens the voting succession applies to all Universitates. Its proper in the popular assemblies and the courts of justice application is to property, and the true character of was either by show of hands or by ballot, as is Universal succession is the immediate passing over explained under CHEIROTONIA and PSEPHUS. It from one person to another of all the credits and is commonly supposed that at Rome the people debts that belong or are attached to the property. were always polled in the comitia by word of This happens in the case of an hereditas: heres in mouth, till the passing of the Leges Tabellariae omne jus mortui, non tantum singularum rerum about the middle of the second century before dominium succedit, quum et ea quae in nominibus Christ [TABELLARIAE LEGEs], when the ballot sunt ad heredem transeant (Dig. 29. tit. 2. s. 37); by means of tabellae was introduced. [TABELLA.] and in the case of adrogation as to most matters. Wunder (Codex Esfutensis, p. clxvii. &c.) however The debts would be transferred by adrogation if has shown, that the popular assemblies voted by this were not accompanied with a capitis deminutio. ballot, as well as by word of mouth, long before Credits and debts could not be transferred by the passing of the Leges Tabellariae, but that inSingular succession. The cases of Universal succes- stead of using tabellae they employed stones or sion were limited and the notion could not be ap- pebbles (the Greek */qole), and that each voter plied and made effectual at the pleasure of indivi- received two stones, one white and the other duals. The most important cases of Universal black, the former to be used in the approval and succession were the property of a deceased person; the latter in the condemnation of a measure. The as hereditas, bonorum possessio, fideicommissaria voting by word of mouth seems to have been hereditas, and others of the like kind. The pro- adopted in elections and trials, and the use of perty of a living person might be transferred in pebbles to have been confined to the enactment this way, in the case of adrogatio, conventio in and repeal of laws. That the latter mode of voting manum, and the bonorum emtio. (Gains, ii. 98.) was adopted in early times is proved by many In many other cases though the object is to trans- passages of Dionysius, and especiallyby x. 41:'cWs fer a whole property, it is in fact effected by the o rATos r'Tdel'&is q*0povs, os cE&raT-oI fr 7ratransfer of the several things: the following are puciKLcv —7i a'eyyEa T-v fI-pwOv TO'vs EXovTas instances of this kind of transfer, the gift of a adPqbpoVT'o; and by xi. 52: ECE'KiXeeaV caslhcKo whole property, or its being made a Dos, or being TreOVma V'7rrip TS i-Areeos'PwCeyaLcw, Kae' eKciOTq'V brought into a Societas, or the sale of an hereditas pmvAis, eis bsV &roeO-OVrow' TOaS *7qPous. It is also by a heres. confirmed by the common expressions used with The notion of a Universal succession among the respect to voting, as sufpragiun ferre, mittere in Romans appears to have been derived from the suffi'agia, inire, or ire in szffsagia, which lead us notion of the hereditas, to which it was necessary to suppose that the suffragium probably signified to attach the credits and debts of the deceased and something which was put by the hand from one the sacra. Other instances of Universal succession place into another. For if the Romans had from such as the Bonorinm Possessio grew out of the the first been polled only by word of mouth, it is notion of the hereditas; and it was found con- scarcely possible that such an expression as s2qJ'avenient to extend it to other cases, such as Adro- gienom ftrre would have been used, when they had gation. But, as already observed, the extension I nothing to carry; but on the contrary, some such

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Dictionary of Greek and Roman antiquities. Ed. by William Smith. Illustrated by numerous engravings on wood.
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Smith, William, Sir, 1813-1893.
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Page 1076
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Boston,: C. Little, and J. Brown
1870.
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Classical dictionaries

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