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

1222 USUSFRUCTUS. XENELASIA.
nify that a Usus is given, not an Abusus; but (Inst. 2. tit. 4; Dig. 7. tit. 1, &c.; Frag. Vat.
this does not prove that an abusus could not be de Uszfructesz; Miihlenbruch, Doct. Pandect. ~ 284,
given. Puchta shows that the phrase " res pertinet &c.; Ueber das alter des Quasiusussfs'/ctus, Von
ad usufructuarium," which exactly corresponds to Puchta, Rhein. Museum iisr Jurisprudenz. vol. iii.
the phrase in Cicero, does not mean "that the p. 82.) [G. L.]
thing is an object of ususfructus," but that " it be- UTlERINI. [COGNIATI.]
longs to the fructuarius." In the Digest (7. tit. 1. UTI POSSIDE'TIS. [INTERDICTUM.]
s. 68) the question is, whether the young child of UTILIS ACTIO. [AcTIo, p. 10, a.]
a female slave belongs to the fructuarius (an partus UTRES. [VINUM, P. 1203, b.]
ad fructuarium pertineat), and it is answered in UTRICULA'RIUS. [TIaIA.]
the negative, with the following explanation: "nec UTRUBI. [INTERDICTUM.] 4
usumfructum in eo fructuarius habebit." The pas- VULCANAILIA, a festival celebrated at Rome
sage of Cicero therefore will mean, that wine and in honour of Vulcan, on the 23d of August (x.
oil in the testator's possession are not given to her Calend. Sept.) with games in the circus Flaminius,
by a bequest of the ususfructus of his property, where the god had a temple. (Inscript. ap. Gruter.
for it is usus, that is, the enjoyment of the future lxi. 3, cxxxiv.; Publ. Vict. de regionib. nrb. Rofruits, which is given, and not "abusus " or the acse,.9.) The sacrifice on this occasion consisted
power to consume fruits which already exist. In of fishes which the people threw into the fire.
other words the testator gives the woman a Usus- (Varro, de Ling. Lat. vi. 20.) It was also cusfructus in all his property, that is a right to gather tomary on this day to commence working by candlethe fruits, but he does not give the wine and oil, light, which was probably considered as an auspiwhich are fruits already gathered, to the woman cious beginning of the use of fire, as the day was
to be her property as if she had gathered them sacred to the god of this element. (Plin. Epist.
during her Ususfructus. Puchta contends that iii. 5.) It was on the day of this festival that the
"abusus" does not necessarily signify that there consul Q. Fulvius Nobilior received a severe decould be "abusus" only in the case of things feat from the Celtiberians, B. c. 153. It became
"' quae usu consumuntur: " he says that in the an ater dies in consequence. (Appian, Hisp.
place of wine and oil Cicero might have given the 45.) [L. S.]
young of animals, as an example without altering VULGA'RES. [SERvvs, p. 1041,b.]
his expression. If this interpretation is correct, UXOR. [MATRIMONITJM, p. 740, b.]
Puchta contends that the Senatusconsultum as UXO'RIUM. [AES UxoRIUM.]
to Quasi ususfructus is older than the time of
Cicero.
Usus is defined (Dig. 7. tit. 8. s. 2) by the X.
negation of "frui:" " cui usus relictus est, uti
potest, frui vero non potest." The title of the XENA'GI (tEvayol). The Spartans, as being
Digest above referred. to is "De Usu et habitatione," the head of that Peloponnesian and Dorian league,
and the instances given under that title mainly which was formed to secure the independence of the
refer to the use of a house or part of a house. Ac- Greek states, had the sole command of the concordingly the usus of a house might be bequeathed federate troops in time of war, ordered the quotas
without the fructus (Dig. 7. tit. 8. s. 18): it has which each state was to furnish, and appointed
been already explained what is the extent of the officers of their own to command them. Such
meaning of Ususfructus of a house. The usus of officers were called sva-yof. The generals whom
a thing implies the power of using it either for ne- the allies sent with their troops were subordinate
cessary purposes or purposes of pleasure. The man to these Spartan,'vaTyoi, though they attended the
-who was intitled to the usus could not give the thing council of war, as representatives of their respecto another to use, though a man who had the usus tive countries. (Thucyd. ii. 7, 10, 75, v. 54;
of a house could allow another to lodge with him. Xenoph. HIell. iii. 5. ~ 7, Agesil. ii. 10.) After
A man who had the usus of an estate could take the peace of Antalcidas, the league was still more
wood for daily use, and could enjoy the orchard, firmly established, though Argos refused to join
the fruit, flowers and water, provided he used them it; and the Spartans were rigorous in exactilng the
in moderation, or as it is expressed "non usque ad required military service, demanding levies by the
compendium, sed ad usum scilicet non abusum." ocvriAdx, and sending out esva'yof to collect thenl.
If the usus of cattle (pecuzs) was left, the usuarius (Xeinoph. Hell. v. 2. ~~ 7, 37, vi. 3. ~ 7; Wachswas intitled to a moderate allowance of milk. If muth, t[ell. Altertlh. vol. i. pt. ii. pp. 114, 241, 1st
the usus of a herd of oxen was bequeathed to a ed.; Schbbmann, Ant.jr..Pub. Gr. p. 426.) [C.R.K.]
man, he could use the oxen for ploughing and for XENELA'SIA (evXAlhacia). The Lacedaeall purposes for which oxen are adapted. If the monians appear in very early times, before the
usus was of things which were consumed in the legislation of Lycurgus, to have been averse t,) inuse, then the usus was the same as Ususfructus. tercourse with foreigners (e'oleo- &'rpdosaivcroi
(Dig. 7. tit. 5. s. 5. ~ 2; s. 10. ~ 1.) Usus was in Herod. i. 65). This disposition was encouraged
its nature indivisible, and accordingly part of a by thelawgiver, who made an ordinance forbidding
Usus could not be given as a legacy, though per- strangers to reside at Sparta, without special persons might have the fructus of a thing in common. mission, and empowering the magistrate to expel
(Dig. 7. tit. 8. s. 19.) As to his duties the usa- from the city any stranger who misconducted himarius was in most respects like the fructuarius. In self, or set an example injurious to public morals.
some cases Usus is equivalent to Ususfructus, as Such jurisdiction was exercised by the Ephori.
where there can be no usus of a thing without a Thucydides (ii. 39) makes Pericles reproach the
taking of the Fructus. As to Usus in the English. Lacedaemonians with this practice, as if its object
system, see Slanning v. Style, 3 P. Wms. p. 335, were to prevent foreigners from becoming acquainted
and Hyde v. Parratt, 1 P. Wms. p. 1. with such institutions and means of defence as would