Definitions
from The Century Dictionary.
- noun In Roman law, a contract by which houses or lands were given forever or for a long term on condition of their being improved and a stipulated annual rent paid to the grantor. It was usually for a perpetual term, thus corresponding to the feudal fee.
from the GNU version of the Collaborative International Dictionary of English.
- noun (Rom. Law) A real right, susceptible of assignment and of descent, charged on productive real estate, the right being coupled with the enjoyment of the property on condition of taking care of the estate and paying taxes, and sometimes a small rent.
from Wiktionary, Creative Commons Attribution/Share-Alike License.
- noun law A
right to enjoyment of property with a given stipulation that the property will be improved or maintained in an agreed upon manner.
Etymologies
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Examples
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The second institution was the tenure called emphyteusis, under which land, the domain of the Crown (and other land as well, but especially land under the domain of the Crown), was granted, not on absolute ownership, but in tenancy for certain fixed dues, and once so granted was granted permanently.
The Catholic Encyclopedia, Volume 8: Infamy-Lapparent 1840-1916 1913
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Morally speaking their confinement may have been a humiliation; in sober fact it was an immense advantage; moreover, a special law of 'emphyteusis' made the leases of their homes inalienable, so long as they paid rent, and forbade the raising of the rent under any circumstances, while leaving the tenant absolute freedom to alter and improve his house as he would, together with the right to sublet it, or to sell the lease itself to any other
Ave Roma Immortalis, Vol. 2 Studies from the Chronicles of Rome 1881
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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.
Lippincott's Magazine of Popular Literature and Science Volume 17, No. 097, January, 1876 Various
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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in any form remained is not quite certain, but it seems not; and during this government, and the Moorish one which superseded it in the year 711, the Iberian Peninsula enjoyed an interval of prosperity to which it had been a stranger for ages.
Lippincott's Magazine of Popular Literature and Science Volume 17, No. 097, January, 1876 Various
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The origin of this evil state of affairs was the tenure of emphyteusis: its active and unfeeling promoters have been always the nobility and ecclesiastics, and its only powerful enemy, the only hope of the people, the Crown.
Lippincott's Magazine of Popular Literature and Science Volume 17, No. 097, January, 1876 Various
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After the Western Empire had apparently fallen beneath the Northern arms -- that is to say, five hundred years later -- and not until then, the Roman Code ameliorated the baneful tenure of emphyteusis.
Lippincott's Magazine of Popular Literature and Science Volume 17, No. 097, January, 1876 Various
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These conquests all occurred within the space of fifty-seven years (from 190 to 133 B.C.), and this was doubtless the period when emphyteusis was first employed upon an extensive scale.
Lippincott's Magazine of Popular Literature and Science Volume 17, No. 097, January, 1876 Various
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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.
Lippincott's Magazine of Popular Literature and Science Volume 17, No. 097, January, 1876 Various
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After twenty-seven years of reforms and prosperity Pombal was dismissed from office and the old abuses were reinstated, among them those worst incidents of emphyteusis which had been devised by the base ring of nobles and ecclesiastics who held the land in their grasp.
Lippincott's Magazine of Popular Literature and Science Volume 17, No. 097, January, 1876 Various
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What growth of forest trees had followed the abolition of emphyteusis under the Gothic and Saracenic monarchs was destroyed under the government of Christian nobles, and to-day there is scarcely a tree in Portugal -- the woods, including fruit and nut trees, covering less than 400,000 out of 22,000,000 acres, the entire area of the country.
Lippincott's Magazine of Popular Literature and Science Volume 17, No. 097, January, 1876 Various
vendingmachine commented on the word emphyteusis
"Once within the walls of the Ghetto they were alone, and could go about the little streets in perfect security; they were free from the contamination as well as safe from the depredations of Christians, and within their own precincts they were not forced to wear the hated orange-coloured cap or net which Paul the Fourth imposed upon the Jewish men and women. To a great extent, too, such isolation was already in the traditions of the race. A hundred years earlier Venice had created its Ghetto; so had Prague, and other European cities were not long in following. Morally speaking their confinement may have been a humiliation; in sober fact it was an immense advantage; moreover, a special law of 'emphyteusis' made the leases of their homes inalienable, so long as they paid rent, and forbade the raising of the rent under any circumstances, while leaving the tenant absolute freedom to alter and improve his house as he would, together with the right to sublet it, or to sell the lease itself to any other Hebrew; and these leases became very valuable"--Francis Marion Crawford, Ave Roma Immortalis, Vol. 2, Studies from the Chronicles of Rome, 1899.
August 26, 2016
qms commented on the word emphyteusis
Your wealth is finally useless,
Your status is fleeting and bootless.
Be known by your deeds
And tend other’s needs.
Our lives are a brief emphyteusis.
March 19, 2019