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

BONA. -BONA. 205
and when at home, they took whatever measures emtio, cessio, possessio, ususfructus, the word
were requisite to forward the military operations of "bona" is equivalent to property. It expresses
the league, or of their own state: for example, we all that a man has, whether as owner or merely as
read of one of the Theban Boeotarchs ordering the possessor; and every thing to which he has any
Thebans to come inr arms to the ecclesia for the right. But it is said (Dig. 50. tit. 16. s. 83):
purpose of being ready to attack Plataea. (Panus. " Proprie bona dici non possunt quae plus incomix. 1. ~ 3.) Each state of the confederacy elected modi quam commodi habent." However, the use
one Boeotarch, the Thebans two (Thuc. ii. 2, iv. of the word in the case of universal succession
91, vii. 30; Diod. xv. 51); although on one occa- comprehended both the commodum and incommosion, i. e. after the return of the exiles with Pelo- dum of that which passed to the universal sucpidas (B. C. 379), we read of there being three at cessor. But the word bona is simply the property
Thebes. (Plat. Pelop. 13). The total number as an object; it does not express the nature of the
from the whole confederacy varied with the number relation between it and the person who has the
of the independent states. Mention is made of the ownership or the enjoyment of it, any more than
Boeotarchs by Thucydides (iv. 91), in connection the words "all that I have," "all that I amn
with the battle of Delimn (B. c. 424). There is, worth," " all my property," in English show the
however, a difference of opinion with respect to his legal relation of a man to that which he thus demeaning: some understand him to speak of eleven, scribes. The legal expression in bonis, as opposed
some of twelve, and others of thirteen Boeotarchs. to dominium, or Quiritarian ownership, and the
Dr. Arnold is disposed to adopt the last number; and nature of the distinction will be easily apprehended
we think the context is in favour of the opinion by any person who is slightly conversant with
that there were then thirteen Boeotarchs, so that English law.
the number of free states was twelve. At the time "There is," says Gaius (ii. 40),"amongforeigners
of the battle of Leuctra (B. c. 371), we find seven (peregrini) only one kind of ownership (domnisuel),
Boeotarcbs mentioned (Diod. xv. 52, 53; Paus. ix. so that a man is either the owner of a thing or he
13. ~ 3); on another occasion, when Greece was is not. And this was formerly the case among the
invaded by the Gauls (B. c. 279), we read of four. Roman people; for a man was either owner ex
Livy (xlii. 43) states that there were twelve, but jure Quiritium, or he was not. But afterwards the
before the time (B. c. 171) to which his statement ownership was split, so that now one man may be
refers, Plataca had been reunited to the league. the owner (dominzis) of a thing ex jure Quiritium,
Still the number mentioned in any case is no test and yet another may have it in bonis. For instance,
of the actual number, inasmuch as we are not sure if, in the case of a res mancipi, I do not transfer
that all the Boeotarchs were sent out by their re- it to you by mancipatio, nor by the form in jure
spective states on every expedition or to every cessio, but merely deliver it to you, the thing in-battle. deed becomes your thing (in bonis), but it will reThe Boeotarchs, when engaged in military ser- main mine ex jure Quiritium, until by possession
vice, formed a council of war, the decisions of which you have it by usucapion. For when the usucawere determined by a majority of votes, the pre- pion is once complete, from that time it begins to
sident being one of the two Theban Boeotarchs be yours absolutely (pieno Jure), that is, it is yours
who commanded alternately. (Thuc. iv. 91; Diod. both in bonis and also yours ex jure Quiritium,
xv. 51.) Their period of service was a year, be- just as if it had been mancipated to you, or transginning about the winter solstice; and whoever ferred to you by the in jure cessio." In this pascontinued in office longer than his time, was punish- sage Gaius refers to the three modes of acquiring
able with death both at Thebes and in other cities property which were the peculiar rights of Roman
(Plut. Pelop. 24; Paus. ix. 14. ~ 3.) Epameinondas citizens, mancipatio, in jure cessio, and usucapion,
apd Pelopidas did so on their invasion of Laconia which are also particularly enumerated by him in
(B. C. 369), but their eminent services saved them; another passage (ii. 65).
in fact the judges did not even come to a vote re- From this passage it appears that the ownership
specting the former. At the expiration of the year of certain kinds of things among the Romans,
a Boeotarch was eligible to office a second time, and called res mancipi [MANCIPIUM], could only be
Pelopidas was repeatedly chosen. From the case transferred from one person to another with certain
of Epameinondas and Pelopidas, who were brought formalities, or acquired by usucapion. But if it
before Theban judges (ucoaarai), for transgression was clearly the intention of the owner to transfer
of the law which limited the time of office, we may the ownership, and the necessary forms only were
conclude that each Boeotarch was responsible to wanting, the purchaser had the thing in bonis,
his own state alone, and not to the general body of and he had the enjoyment of it, though the original
the four councils, owner was legally the owner until the usucapion
Mention is made of an election of Boeotarchs by was completed, notwithstanding he had parted with
Livy (xxxiii. 27, xlii. 44). He further informs the thing.
us that the league (concilium) was broken up by It thus appears that Quiritarian ownership of
the Rommas B. C. 171. (Compare Polyb. xxviii. 2, res mancipi originally and properly signified that
~ 10 -Tb BoLrn- or ro-es IcUeArn.) Still it must ownership of a thing which the Roman law rehave been partially revived, as we are told of a cognised as such; it did not express a compound
second breaking up by the Romans after the de- but a simple notion, which was that of absolute
struction of Corinth B. c. 146, (Paus. vii. 16, ownership. But when it was once established
~ 6.) [R. WV.] that one man might have the Quiritarian ownerBOMBYCINUM. [SERIcuM.] ship, and another the enjoyment, and the sole
BONA. The word bona is sometimes used to right to the enjoyment of the same thing, the comexpress the whole of a man's property (Paulus, plete notion of Quiritarian ownership became a
Recept. Sentent. v. 6, 16; Dig. 37. tit. 1. s. 3; notion compounded of the strict legal notion of
t0. tit. 16. s. 49); and in the phrases bonorum ownership, and that of the right to enjoy, as united