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On this page: Bonorum Possessio – Bonorum Raptorumactio – Boonae – Boreasmi – Boule – Boule

BOONAE.

as those who were not emancipated, and adoptive as well as children of the blood ; but not children who had been adopted into another family. If a freedman died intestate, leaving only a wife (in manu) or an adoptive son, the patron was entitled to the bonorum possessio of one half of his property.

The bonorum possessio was given either cum re or sine re. It was given cum re, when the person to whom it was given thereby obtained the pro­perty or inheritance. It was given sine re, when another person could assert his claim to the in­heritance by the jus civile : as if a man died intes­tate leaving a suits heres, the grant of the bonorum possessio would have no effect ; for the heres could maintain his legal right to the inheritance. Or if a person who was named heres in a valid will was satisfied with his title according to the jus civile, and did not choose to ask for the bonorum possessio (which he was entitled to if he chose to have it), those who would have been heredes in case of an in­testacy might claim the bonorum possessio, which, however, would be unavailing against the legal title of the testamentary heres, and therefore sine re.

Parents and children might claim the bonorum possessio within a year from the time of their being able to make the claim ; others were required to make the claim within a hundred days. On the failure of such party to make his claim within the proper 'time, the right to claim the bonorum pos­sessio devolved on those next in order, through the seven degrees of succession.

He who received the bonorum possessio was not thereby made heres, but he was placed heredis loco; for the praetor could not make a heres. The pro­perty of which the possession was thus given was only In bonis, until by usucapion the possession was converted into Quiritarian ownership (domi-nium). All the claims and obligations of the de­ceased person were transferred with the bonorum possessio to the possessor or praetorian heres ; and he was protected in his possession by the in-terdictum Quorum bonorum. The benefit of this interdict was limited to cases of bonorum possessio, and this was the reason why a person who could claim the inheritance in case of intestacy by the civil law sometimes chose to ask for the bonorum possessio also. The praetorian hexes could only sue and be sued in respect of the property by a legal fiction. He was not able to sustain a directa cwtio ; but in order to give him this capacity, he was by a fiction of law supposed to be what he was not, heres ; and he was said ficto se Iterede agere, or intendere. The actions which he could sustain or defend were actiones utiles. (Cic. Ad Fam. vii. 21 ; Gains, iii. 25 — 38, iv. 34 ; Ulp. Frag. tit. 28, 29 ; Dig. 37. tit. 4, s. 19 ; tit. 11 ; Big. 38. tit. 6 ; a good general view of the bonorum possessio is given by Marezoll, Lehrbuch der In-stitutionen des Rom. Rechts, § 174 ; Thibaut, Sys­tem des Pandekten Rechts, § 843, 9th ed.) [Of. L.]

BONORUM POSSESSIO. [interdictum.]

BONORUM RAPTORUMACTIO. IFuR-

TUM.]

BOONAE (fiocavai), persons in Athens who purchased oxen for the public sacrifices and feasts. They are spoken of by Demosthenes (c. Mid. p. 570) in conjunction with the lepoiroioi and those who presided over the mysteries, and are ranked by Libanius (Declam. viii. ) with the sitonae, gene­rals, and ambassadors. Their office is spoken of as

but Pollux

honourable by Harpocration

BOULE. 209"

(viii. 114) includes them among the inferior offices or offices of service (vinjpeo-iai, Bockh, Publ. Econ. of Athens, p. 216, 2d ed.)

BOREASMI or BOREASMUS (fiopeaffpot or /3o/>ea<rju(fc), a festival celebrated by the Athe­nians in honour of Boreas (Hesych. s, v.}, which, as Herodotus (vii. 189) seems to think, was insti­tuted during the Persian war, when the Athenians, being commanded by an oracle to invoke their yapgpbs e-jriKovpos, prayed to Boreas. The fleet of Xerxes was soon afterwards destroyed by a north wind, near Cape Sepias, and the grateful Athenians erected to his honour a temple on the banks of the Ilissus. But considering that Boreas was intimately connected with the early history of Attica, since he is said to have carried off and married Oreithya, daughter of Ereclithcus (Herod. /. c. ; Paus. i. 19. § 6), and that he was familiar to them under the name of brother-in-law, we have reason to suppose that even previous to the Persian wars certain honours were paid to him, which were perhaps only revived and increased after the event recorded by Herodotus. The festival, however, does not seem ever to have had any great celebrity ; for Plato (Phaedr. p. 229) represents Phaedrus as unacquainted even with the site of the temple of Boreas. Particulars of this festival are not known, except that it was celebrated with banquets.

Pausanias (viii. 36. § 4) mentions a festival cele­brated with annual sacrifices at Megalopolis in honour of Boreas, who was thought to have been their deliverer from the Lacedaemonians. (Comp. Aelian, F. H. xii. 61.)

Aelian (/. c.) says that the Thurians also offered an annual sacrifice to Boreas, because he had de­ stroyed the fleet with which Dionysius of Syra­ cuse attacked them ; and adds the curious remark, that a decree was made which bestowed upon him the right of citizenship, and assigned to him a house and a piece of land. This, however, is per­ haps merely another way of expressing the fact, that the Thurians adopted the worship of Boreas, and dedicated to him a temple, with a piece of land. [L. S.]

BOULE7 (/3oi;.\^), a deliberate assembly or council. In the heroic ages, represented to us by Homer, the jSouX^ is simply an aristocratical

•^ J_ v

council of the nobles, sitting under their king as president, who, however, did not possess any greater authority than the other members, except what that position gave him. The nobles, thus assembled, decided on public business and judicial matters, frequently in connection with, but apparently not subject to, nor of necessity controlled by, an ayopa, or meeting of the freemen of the state. {II. ii. 53, 143, xviii. 503, Od. ii. 239.) This form of govern­ment, though it existed for some time in the Ionian, Aeolian, and Achaean states, was at last wholly abo­lished. Amongst the Dorians, however, especially with the Spartans, this was not the case ; for it is well known that they retained the kingly power of the Heracleidae, in conjunction with the yepovcria [gerousia], or assembly of elders, of which the kings were members. A.t Athens, there were two councils, one usually called the Areiopagus from its meeting on the hill of Ares (rj eV 'Apeta Traycp jSov/Vj]), which was more of an aristocratical cha­racter, and is spoken of under areiopagus, and the. other called The Council or Senate of the Fire Hundred (^ t&v TrevTatcooicw fiovXfy, or simply The Council or Senate (-<? SouA^), \vhich. was a

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