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Appendix B: Translation of Latin Passages Quoted in the Text ALL EXTENDED quotations have been translated as emended in my text and footnotes. The translation aims primarily for clarity of statement, and I have made no attempt to duplicate the style of the original. Words or symbols within parentheses indicate editorial comment or supplement. I have not indicated the possibility of interpolation. CHAPTER II: The Social Institutions of the Roman Rental Market Ulpian, 18 On Sabinus (D. a "Equally, if the usufruct of a house is legated, the fructuary ought not to construct spaces for rent there, nor divide the house into apartments; he can indeed lease it out, but he ought to lease it as a house. Nor should a bath be constructed there. As for what (Nerva?) says, namely that he should not construct spaces for rent, understand by that what are commonly called lodging houses or fulling factories." CHAPTER IV: The Roman Law of Urban Leasehold Reconstruction of the Actio Locati: a "Whereas the plaintiff leased to the defendant the farm (or the work to be done, or his services) under dispute, which transaction is disputed, whatever on account of this transaction the defendant ought in good faith to do for or give to the defendant, let the index condemn the defendant to pay to the plaintiff its value; if it does not so appear, let him absolve him of liability." 22 3 Appendix B Clause in the Lease of a Warehouse (CIL 6.33747): b "Whoever holds space under hire within these warehouses does not have the right to lease it out or to assign the contract." Clause in the Lease of a Warehouse (CIL 6.33747): c "We do not accept responsibility for the safekeeping of things brought into these warehouses. . . . If the lessee of a storeroom leaves his property there and does not entrust it to a guard, the warehouseman will be blameless." Clause in the Lease of a Warehouse (CIL 6.33747): d "In these warehouses things brought in or moved in are pledged to the warehouseman unless security is (otherwise ) provided for rental payments." Clause in the Lease of a Warehouse (CIL 6.37795): e "If in these warehouses a lessee builds anything in, he shall have no right to remove it unless this power is accorded him." Gaius, io On the Provincial Edict (D. f "When someone has leased to another a farm for his exploitation or as a dwelling, if for some reason he sells the farm or the building, he should provide that through the same agreement, the tenant farmer be permitted by the buyer too to exploit, or the urban tenant to dwell; otherwise he (the tenant), if excluded, will sue him (the lessor) on the lease." Labeo, 5 of The Posthumous Writings as Epitomized by Javolenus (D. 19.2.60 pr.): e "If a house is leased out for many years, the lessor ought to provide not only that the lessee be able to dwell in it from July 1 of each year, but also that during his term of lease he be able, if he wishes, to lease it out to an occupant. And so if this house was under repair from January 1 and remained so on June 1, such that no one can live in it or show it to another, (Labeo says that) the lessee will owe the lessor nothing, so much so that he cannot even be forced to dwell in the repaired house from July 1, except if the lessor be ready to give him a comfortable house to live in." 224 Translation of Latin Passages Rescript of Caracalla, A.D. 214 (C. 4.65.3): h "You say that you have a room under lease; if you pay rent to the owner of the apartment building, it is not right that you be expelled unwillingly unless the owner shows that it is required for his own purposes, or he wishes to repair the house, or you have behaved improperly in the leasehold." Alfenus, 30 of The Digests as Epitomized by Paul (D. 19.2.30 pr.): 1 ". . . if the demolition was unnecessary, but (he did it) because he wished to improve the building . .." Labeo, 4 of The Posthumous Writings as Epitomized by Javolenus (D. ' ". . . But if the lessor does not furnish the lessee with the power of taking a house under lease, and he (the lessee) then rented...


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