Author: Agennius Urbicus Inscription: Agenn. Urb. p. 44,3-23 Th = Campbell, p. 40,19-32 Keywords: flumen Classification: 6.5. Fixing areas for the course of a river
Content
Festsetzung eines Flächeninhalts für einen Fluss
Text
Videbimus an inter mensores et iuris peritos esse de hoc quaestio debeat, cursu[m] an pertica metiam<ur>, si qua usque potuit ueteranis est adsignatum. scio in Lusitania, finibus Emeritensium, non exiguum per mediam coloniae perticam ire flumen Anam, circa quod agri sunt adsignati qua usque tunc solum utile uisum est. Propter magnitudinem enim agrorum ueteranos circa extremum fere finem uelut terminos disposuit, paucissimos circa coloniam et circa flumen A<nam>: reliquum ita remanserat, ut postea repleretur. nihilo minus et secunda et tertia postea facta est adsignatio: nec tamen agrorum modus diuisione uinci potuit, sed superfuit inadsignatus. in his agris cum subsiciua requirerentur, inpetrauerunt possessores a praeside prouinciae eius ut aliquam latitudinem An<ae> flumini daret. quoniam subsiciua quae quis occupauerat redimere cogebatur, iniquum iudicatum est, ut quisquam amnem publicum emeret aut sterilia quae alluebat: modus itaque flumi<ni> est constitutus. hoc exempli causa re[i]gerendum existimaui. nam et in Italia Pisauro flumini latitudo est adsignata eatenus, qua usque adlauabat.
Translation
We shall consider if there should be a debate between surveyors and legal experts about this, namely, whether we should measure along the river's course or along the line of the land division, if land was allocated to the veterans as far as it could be. I know that in Lusitania in the territory of (Augusta) Emerita, the substantial river Ana flows right through the middle of the colony's territory, and lands were allocated around it as far as the soil appeared usable at that time. Because of the huge extent of the lands, the founder settled veterans for the most part round the outer boundary just like boundary markers, but very few round the colony itself and round the river Ana; the residue remained to be filled up later. Notwithstanding the fact that a second and third allocation took place, the quantity of land could not be exhausted by distribution and an amount remained unallocated. In these lands, when subseciva were being claimed back, the landholders obtained an undertaking from the governor of that province to designate a specific width for the river Ana. Since individuals were being compelled to buy back the subseciva that they had occupied, it was judged unfair that anyone should buy the river, which was public property, or unfertile land which the river had deposited. So, a limit was assigned to the river. I thought that I ought to collect this evidence by way of an example. Indeed in Italy a width was assigned to the river Pisaurus at the furthest point to which it ever flowed.
Reference
Brian Campbell, (Hrsg.): The writings of the Roman land surveyors. Introduction, translation and commentary, (SPRS JRS Monograph 9), London 2000, S. 41.
DOI: 10.17171/1-10-335 Title: Agenn. Urb. p. 44,3-23 Th = Campbell, p. 40,19-32 Creator: Roman Water Law Project Publisher: Edition Topoi Publication Year: 2018