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In the next place, emphyteusis has caused every kind of improvement to be avoided. The soil has been exhausted by over-cropping; public works, like roads, wells, irrigating canals, etc., have been neglected; and the numerous works left by the industrious Saracens have been allowed to go to ruin.
Nothing less than the re-enactment of the odious Roman tenure of emphyteusis, and that in its most ancient and worst form liability to increased rent and to eviction; not only this, but with certain base services combined. Talk of the Western Empire having "declined and fallen," as Messrs. Gibbon and Wegg put it!
I still remember that the spinning of a top is a case of Kinetic Stability. I still remember that Emphyteusis is not a disease, nor Stillicide a crime. But though I would not willingly part with such scraps of science, I do not set the same store by them as by certain other odds and ends that I came by in the open street while I was playing truant.
I still remember that the spinning of a top is a case of Kinetic Stability. I still remember that Emphyteusis is not a disease, nor Stillicide a crime. But though I would not willingly part with such scraps of science, I do not set the same store by them as by certain other odds and ends that I came by in the open street while I was playing truant.
Antonio de Leon Pinelo, who was one of the greatest lawyers and historians that Spain ever produced, very profoundly remarked that no man could possibly understand the history of slavery in America who had not first mastered the subject of Spanish encomiedas. With equal truth it may be said that the solution of Portuguese history lies in the subject of emphyteusis.
Whether emphyteusis in any form remained is not quite certain, but it seems not; and during this government, and the Moorish one which superseded it in the year 711, the Iberian Peninsula enjoyed an interval of prosperity to which it had been a stranger for ages.
I still remember that the spinning of a top is a case of Kinetic Stability. I still remember that Emphyteusis is not a disease, nor Stillicide a crime. But though I would not willingly part with such scraps of science, I do not set the same store by them as by certain other odds and ends that I came by in the open street while I was playing truant.
This is the Emphyteusis, upon which the Fief of the middle ages has often been fathered, though without much knowledge of the exact share which it had in bringing feudal ownership into the world. The truth is that the Emphyteusis, not probably as yet known by its Greek designation, marks one stage in a current of ideas which led ultimately to feudalism.
On the other hand, the Emphyteusis, if we may so interpret the allusions to it in the Corpus Juris, became a favourite and beneficial modification of property; and it may be conjectured that wherever free farmers existed, it was this tenure which regulated their interest in the land. The Prætor, as has been said, treated the Emphyteuta as a true proprietor.
These abuses remained without material change until 1832, and thus you have a complete history of emphyteusis from the first to the last day of its institution in Portugal. In truth, however, its last day has not come even yet, for many of its incidents still linger in the code of laws. Now for its effects on the land.
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