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

208.CNONRUM EMTIO. BONURU M POfSSESSIO.
from arrest. The Tablet of Heraclea (Mazocchi, bonapossideret ant venderet." The creditors were,p. 423) speaks of these qui in jure bonam copiam said in possessionemn erenzm debitoris 2mitti: someJurabant; a phrase which appears to be equivalent times a single creditor obtained the possessio.
to the bonorum cessio, and was a declaration on When several creditors obtained the possessio, it
oath in jure, that is, before the praetor, by the was usual to entrust the management of the busidebtor that his property was sufficient to pay his ness to one of them, who was chosen by a m1ajority
debts. But this was still accompanied with in- of the creditors. The creditors then met and chose
famia. So far as we can learn from Livy, no such a magister, that is, a person to sell the property
declaration of solvency was required from the (Cic. Ad Att. i. 9, vi. 1; PIno P. Quintio, c. 15),
debtor by the Poetelia lex. The Julian law ren- or a curator bonorulm if no immediate sale was
adered the process of the cessio bonorum more. intended. The purchaser, eitor, obtained bly the
simple, by making it a procedure extra jus, and sale only the bonorum possessio: the property was
giving further privileges to the insolvent. Like his In bonis, until he acquired the Quiritarian
several other Julian laws, it appears to have con- ownership by usucapion. The foundation of this
solidated and extended the provisions of previous rule seems to be, that the consent of the owner was
enactments. The term bonorum cessio is used in considered necessary in order to transfer the ownerthe Scotch law, and the early practice was derived ship. Both the bonorum possessores and the emfrom the Roman system. (Gaius, iii. 28; Dig. 42. tores had no legal rights (directae actiones) against
tit. 3; Cod. vii. tit. 71.) [G. L.] the debtors of the person whose property was posBONO'RUM COLLA'TIO. By the strict sessed or purchased, nor could they be legally
riles of the civil law an emancipated son had no sued by them; but the praetor allowed utiles acright to the inheritance of his father, whether he tiones both in their favour and against them.
died testate or intestate. But, in course of time, (Gaius, iii. 77; iv. 35, 65 and 111; Dig. 42. tit.
the praetor granted to emancipated children the 4, 5; Savigny, Das Rercht des Besitzes, p. 410,
privilege of equal succession with those who re- 5th ed.) [G. L.]
mained in the power of the father at the time of BONO'RUM POSSE'SSIO is defined by
his death; and this grant might be either contra Ulpian (Dig. 37. tit. 1. s. 3) to be " the right of
tabulas or al) intestato. But this favour was granted suing for or retaining a patrimony or thing which
to emancipated children only on condition that belonged to another at the time of his death." The
they should bring into one common stock with strict laws of the Twelve Tables as to inheritance
their father's property, and for the purpose of an were gradually relaxed by the praetor's edict, and
equal division among all the father's children, what- a new kind of succession was introduced, by which
ever property they had at the time of the father's a person might have a bonorum possessio who
death, and which would have been acquired for could have no hereditas or legal inheritance.
the father in case they had still remained in his The bonorum possessio was given by the edict
power. This was called bonorum collatio. It re- both contra tabulas, secundaum tabulas, and intessembles the old English hotchpot, upon the prin- tati.
ciple of which is framed the provision in the statute An emancipated son had no legal claim on the
22 and 23 Charles II. c. 10. s. 5, as to the distri- inheritance of his father; but if he was omitted in
bution of an intestate's estate. (Dig. 37. tit. 6; his father's will, or not expressly exheredated, the
Cod. vi. tit. 20; Thibaut, Systenz des Pandekten praetor's edict gave him the bonorumn possessio
Recdts, ~ 901, &c., 9th ed., where the rules appli- contra tabulas, on condition that he would bring
cable to the bonorum collatio are more particularly into hotchpot (bonorumn collatio) with his brethren
stated.) [G. L.] who continued in the parent's power, whatever
BONO'RUM EIMTIO ET EMTOR. The property he had at the time of the parent's death.
expression bonorum emtio applies to a sale of the The bonorum possessio was given both to children
property either of a living or of a dead person. It of the blood (naturales) and to adopted children,
was in effect, as to a living debtor, an execution. provided the former were not adopted into any
In the case of a living person, his goods were other family, and the latter were in the adoptive
liable to be sold if he concealed himself for the parent's power at the time of his death. If a
purpose of defrauding his creditors, and was not freedman made a will without leaving his patron
defended in his absence; or if he made a bonorum as much as one half of his property, the patron
cessio according to the Julian law; or if he did not obtained the bonorLum possessio of one half, unless
pay any sum of money which he was by judicial the freedman appointed a son of his own blood as
sentence ordered to pay, within the time fixed by his successor.
the laws of the Twelve Tables (Aul. Gell. xv. 13, The bonorum possessio secundum tabulas was
xx. 1) or by the praetor's edict. In the case of a that possession which the practor gave, conformdead person, his property was sold when it was ably to the words of the will, to those named in it
ascertained that there was neither hetes nor bono- as heredes, when there was no person ilntitled to
rum possessor, nor any other person entitled to make a claim against the will, or none who chose
succeed to it. In this case the property belonged to make such a claim. It was also given secuIldull
to the state after the passing of the Lex Julia et tabulas in cases where all the requisite legal form-'
Papia Poppaea. If a person died in debt, the prae- alities had not been observed, provided there were
tor ordered a sale of his property on the application seven proper witnesses to the will. (Gaius, ii.
of the creditors. (Gaius, ii. 154, 167.) In the 147, " si mode defunctus," &c.)
case of the property of a living person being sold, In the case of intestacy (intestati) there were
the praetor, on the application of the creditors, or- seven degrees of persons who might claim the
dered it to be possessed (possideri) by the creditors bonorum possessio, each in his order, upon there
for thirty successive days, and notice to be given being no claim of a prior degree. The three first
nf the sale. This explains the expression in Livy class were children, legitimni oeredes and proxinmi
(ii. 24): "ne quis militis, donec in castris esset, coynati. Emancipated children could claim as -well