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But some persons, seeing them from the citadel and Capitol as they filed off on horseback down the Publician hill, cried out that the Aventine was taken. This circumstance occasioned such confusion and terror, that if the Carthaginian camp had not been without the city, the whole multitude, such was their alarm, would have rushed out.
The persons sent were Caius Terentius Varro, Caius Mamilius, and Marcus Aurelius. Three quinqueremes were assigned to them. This year was rendered remarkable by a most extensive fire, by which the buildings on the Publician hill were burned to the ground, and by the greatness of the floods.
The former are exemplified by the Publician action, the Servian action for the recovery of a tenant farmer's stock, and the quasi-Servian or socalled hypothecary action; the latter by the actions on intimidation and on fraud, by that for the recovery of a thing promised at a particular place, and by the action claiming production of property.
But as it seemed hard that in such a case there should be no remedy, the praetor introduced an action in which the plaintiff, who has lost possession, fictitiously allege that he has acquired a full title by usucapion, and thus claims the thing as his own. This is called the Publician action, because it was first placed in the Edict by a praetor called Publicius.
They then proceeded by the Tuscan street and the Velabrum, through the cattle market, up the Publician hill, and to the temple of Juno Regina; where two victims were immolated by the decemviri, and the cypress images carried into the temple.
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