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

984 QUORUM BONORUM. RIECE PTA.
If he lost the possession before the usucapion was
complete, he could in most cases recover it by the R.
Possessorial Interdicts, properly so called, or by
other legal means. This, according to Savigny, is JIAMNES, RAMNENSES. [PATRcli.L
the origin of the Bonorum Possessio. RAP I'NA. [BONA RAPTA*; FURTUsI.]
In course of time when Bonitarian ownership RASTER orlRASTRUM, dim. RASTELLUS,
(in bonis) was fully established and co-existed with RALLUS, RALLUM (5voTwsp), a spud (scQuiritarian ownership, this new kind of ownership prose); a rake, a hoe. Agreeably to its deriwas attributed to the Bonorum Possessor, after he vation from redo, to scrape, "Raster " denoted a
had acquired the Bonorurm Possessio, and thus all hoe which in its operation and in its simplest form
that belonged to the deceased ex jure Quiritium be- resembled the scrapers used by our scavengers in
came his in bonis and finally by Usucapion, ex jure cleansing the streets. By the division of its blade
Quiritium; though in the mean time he had most into tines or prongs, it assumed more of the form
of the practical advantages of Quiritarian ownership. of our ga(rden-rakes, and it wvas distinguished by the
Ultimately the Bonorum Possessio came to be con- epithets hidens and quadridens (Cato de Re Rust,
sidered as a species of hereditas, and the like forms 10) according to the number of the divisions.
of procedure to those in the case of the real heieditas The iraster bidens was by far the most common
were applied to the case of the Bonorum Possessio: species,. and hence we frequently find it mentioned
thus arose the possessoria hereditatis petitio, which under the simple name bidens. (Juv. iii. 228.)
is mentioned by Gains, and cannot therefore be of This term corresponds to the Greek iKceXXa, for
later origin than the timb of Marcus Aurelius. which a5s1tjVe' was substituted in the Attic dialect.
Thus the new form of procedure, which would (Xen. C yrop. vi. 2. ~ 34, 36; Aristoph. Netb.
have rendered the Interdict Quorum Bonorum un- 1488, 1502, Aves, 601; Phryn. Eclog. p. 302, ed.
necessary, if it had been introduced sooner, co- Lobeck; Plato, Repub. p. 426, f; Tim. Lex. Plat.
existed with the Interdict, and a person might s. v.). The bidens was used to turn up the soil,
avail himself of either mode of proceeding, as he and thus to perform on a smnall scale the part of a
found best. - (Gaius, iii. 34.) In the legislation plough. (Plin. H. N. xvii. 9. s. 6.) But it was
of Justinian, we find both forms of procedure men: much more commonly used in th.e worki called
tioned, though that of the Interdict had altogether occatio, i. e. the breaking down of the clods after
fallen into disuse. (Inst. 4. tit. 15.) plouglling. (Virg. Geosg. i. 94, 155.) [AGRICULAccording to the old law, any possessor, without TURA, p. 52, a.] Hence it was heavy. (Ovid. 1nef.
respect to his title, could by usucapions pro herede xi. 101.) The prongs of the bidesis held by the
obtain the ownership of a thing belonging to the rustic in the woodcut at p. 849 are curved, which
hereditas; and of course the Bonorum Possessor agrees with the description of the saine implemnent
was exposed to this danger as much as the Heres. in Catullus (lvi. 39). Vine-dressers continually
If the time of Usucapion of the possessor was not used the bidens in hacking and breaking the
interrupted by the first claim, the heres had no lumps of earth, stirring it, and collecting it about
title to the Interdict, as appears from its terms, for the roots of the vines. (Virg. Georg. ii. 355, 400
such a possessor was not included in No. 1 or 2, Col. de Re Rust. iii. 13, iv. 14, G'eopon. v. 25.) In
Hadrian (Gaius, ii. 57) by a senatusconsultumn stony land it was adapted for digging trenches,
changed the law so far as to protect the heres whilst the spade was better suited to the purpose
against the complete usucapion of an Improbus Pos- when the soil was full of the roots of rushes and
lessor, and to restore the thing to hios. Though other plants. (Plin. H. N. xviii. 6. s. 8; Suet.
the words of Gaius are general, there can be no Nero, 19.) [PAIA.] Wooden rakes were somedoubt that the Senatusconsultumn of Hadrian did tinmes used. (Col. de ie Rist. ii. 13.) [J. Y.]
not apply to the Usucapion of the Bonoruni Pos- RATES. [NAVIS, p. 783, a.]
sessor ilor to that of the Boonae fidei possessor. RATIO'NIBUS DISTRAHENDJS ACTIO.
Now if we assume that the Senatusconsultumn of [TUTELA.]
Hadrian applied to the Bonorum Possessor also, RECEPTA; DE RECEPTO, ACTIO. The
its provisions must have been introduced into the Praetor declared that he would allow an action
formula of the Interdict, and thus the obscure pas- against Nautae, Caupones, and Stbbularii, in resage No. 3 receives a clear meaning, which is this: spect of any property for the security of which
You shall restore' that also which you no longer they had undertaken (recepesi2st, whence the namile
possess pro possessore, but once so possessed, and of the: action) if they did not restore it. The
the possession of which has only lost that quality mieaning of the term Nauta has been explained
in consequence of a lucrativa usucapio. According [ExERCITORIA ACTIO]: the meanisng of Cauipo
to this explanation the passage No. 3 applies only follows from the description of the business of a
to the new rule of law established by the Senatus- Caupo. (Dig. 4. tit. 9. s. 5.) " A Nauta, Caupo,
consultum of Hadrian, which.allowed the old usu- and Stabularius are paid not for the care which
capion of the improbus possessor to have its legal they take of a thing; bit the Nauta is paid for
effect, but rendered it useless to him by compelling carrying passengers; the Caupo for permitting
restitution. In the legislation of Justinian conse- travellers to stay in his Casupona; the Stabularins
quently these words have no meaning, since that for allowing beasts of burden to stay in his stables,
old usucapion forms no part of it; yet the words and yet' they are bound for the security of the
hlave been: retained in the compilation of Justinian, thing also (custodiae nomine tesentur)." The two
like many others belonging to an earlier age, latter actions are similar to such actions as arise
though in their new place they are entirely devoid among us agaiinst innkeepers, and'livery stable
of meaning.' keepers, on whose prelnises loss or injury has beeni
Jio (Savigny, ULeber des Interdict Quorlum Bonorum, sustained with respect: to the property of persons
Zeittschrft, &c. vol. v.; Dig. 43. tit. 2; Gaius, iv. Which they have by legal: implication undertaken
144) [G. L.J the care of. At first sight there seems no reason