value of whatever he fails to give up <strong>and</strong> whatever he with <strong>the</strong> l<strong>and</strong>’ was confirmed by <strong>the</strong> emperor Caracalla <strong>in</strong> still owes out of <strong>the</strong> rents, <strong>in</strong>creased by half. (Pap AD 213 when he replied to <strong>the</strong> petition of an aggrieved Oxyrhync, 3200) house-owner: A number of deviations from <strong>the</strong> practices of Italy may be noticed <strong>in</strong> this form of lease. Egyptian leases always dem<strong>and</strong>ed <strong>the</strong> return <strong>in</strong>tact of <strong>the</strong> doors <strong>and</strong> sometimes <strong>the</strong> w<strong>in</strong>dows. It would seem that <strong>in</strong> a country where good timber was at a premium <strong>the</strong> tenants decamped with <strong>the</strong> woodwork on enough occasions to make such a legal provision a necessity. We may note, secondly, that <strong>the</strong> rent is payable <strong>in</strong> advance <strong>and</strong> <strong>in</strong> six-monthly <strong>in</strong>stalments. Hav<strong>in</strong>g looked at <strong>the</strong> problems of owners <strong>and</strong> occupiers we turn to <strong>the</strong> way <strong>in</strong> which properties were bought <strong>and</strong> sold. There is no word <strong>in</strong> Lat<strong>in</strong> for ‘estate agent’; sales were by auction or by private treaty, <strong>and</strong> <strong>the</strong> availability of property for sale or rental was made known by word of mouth or advertisement. Two such advertisements have survived <strong>in</strong> Pompeii, show<strong>in</strong>g <strong>the</strong> sort of th<strong>in</strong>g which will have festooned <strong>the</strong> walls of <strong>the</strong> ancient world: In <strong>the</strong> Arrius Pollio block owned by Gnaeius Alleius Nigidius Maius, to let from <strong>the</strong> fifteenth of next July, shops with <strong>the</strong>ir stalls, high-class secondstorey apartments, <strong>and</strong> a house. Prospective lessees may apply to Primus, slave of Gnaeius Alleius Nigidius. (CIL, 4, 138) The fortnight which is to elapse between <strong>the</strong> traditional date of 1 July for <strong>the</strong> tak<strong>in</strong>g up of a lease <strong>and</strong> <strong>the</strong> date of this lease may have been to allow <strong>the</strong> l<strong>and</strong>lord to refurbish <strong>and</strong> redecorate <strong>the</strong> premises after gett<strong>in</strong>g vacant possession. A second advertisement from Pompeii offers a mid-August occupation date: On <strong>the</strong> property owned by Julia Felix, daughter of Spurius, to let from <strong>the</strong> thirteenth of August to <strong>the</strong> thirteenth of <strong>the</strong> sixth August hence, or five consecutive years hence, <strong>the</strong> elite Venus baths, shops, stalls, <strong>and</strong> second-storey apartments. (CIL, 4, 1136) That such advertisements were a common feature of Roman property transactions is shown by <strong>the</strong> fact that <strong>in</strong> <strong>the</strong> Satyricon (38) one of Trimalchio’s nouveau riche cronies also resorted to advertisement: Apartment for rent after <strong>the</strong> first of July. a house. G Pompeius Diogenes. Am buy<strong>in</strong>g As well as advertisements, heralds might proclaim <strong>the</strong> auction of property, especially that acquired by <strong>the</strong> state by means of imperial confiscation. Few resorted to <strong>the</strong> tactics of <strong>the</strong> late republican bully boy, Publius Clodius, who threatened to burn down his neighbour’s house unless he sold out to make way for a new w<strong>in</strong>g on Clodius’s adjacent property. The sale of houses had its own formal, legal documentation <strong>and</strong> <strong>the</strong>se documents reflect ano<strong>the</strong>r important aspect of <strong>the</strong> Roman perception of property. In Roman law a property existed from its foundations <strong>in</strong> <strong>the</strong> soil to an <strong>in</strong>f<strong>in</strong>ite po<strong>in</strong>t <strong>in</strong> <strong>the</strong> sky. This led to <strong>the</strong> high-rise boom but restricted <strong>the</strong> sale of <strong>the</strong> upper floors of build<strong>in</strong>gs, thus lead<strong>in</strong>g to <strong>the</strong> development of <strong>the</strong> apartment rental market. The doctr<strong>in</strong>e that ‘what st<strong>and</strong>s on <strong>the</strong> l<strong>and</strong> goes 47 Casey: The Roman hous<strong>in</strong>g market If you can prove that <strong>the</strong> lower floor of <strong>the</strong> build<strong>in</strong>g, which rests on <strong>the</strong> ground, belongs to you, <strong>the</strong>re is no doubt that <strong>the</strong> floor above, which your neighbour has added, accrues to you as owner. (Crook 1967, 143, cit<strong>in</strong>g Codex Iust<strong>in</strong>ianus, iii.32.2) Houses might be divided vertically, but never horizontally. A sale document from Dacia makes <strong>the</strong> position clear: Anduia Bato has sold half a house - <strong>the</strong> right-h<strong>and</strong> half as you go down <strong>the</strong> passage - <strong>and</strong> has received <strong>the</strong> purchase price of three hundred denarii from Veturius Valens. The house is at Alburnum Major <strong>in</strong> <strong>the</strong> vicus Pirustarum <strong>and</strong> is bounded by <strong>the</strong> properties of Platorius Acceotianus <strong>and</strong> Ingenuus Callistus. That part of <strong>the</strong> house which is <strong>in</strong>volved with <strong>the</strong> external walls, doors, entries, <strong>and</strong> w<strong>in</strong>dows is rightly to be his... (CIL, 3, 944,8) In Egypt, however, th<strong>in</strong>gs were a little different <strong>and</strong> no doubt each prov<strong>in</strong>ce could show some variation on <strong>the</strong> basic property laws. In Egypt we have evidence for a much more complex division of property, perhaps reflect<strong>in</strong>g aspects of <strong>the</strong> laws of <strong>in</strong>heritance <strong>in</strong> that country. A document from a l<strong>and</strong> registry office shows <strong>the</strong> problem. After a good deal of officialese it reads: In virtue of a public deed executed on <strong>the</strong> present day through <strong>the</strong> record office here, I have bought <strong>in</strong> <strong>the</strong> village of Philadelphia <strong>the</strong> four-fifths part, which is owned <strong>in</strong> common <strong>and</strong> undivided, of <strong>the</strong> sixth part of a house <strong>and</strong> fixtures. (Hunt & Edgar 1934, no 325) It would appear that this build<strong>in</strong>g was <strong>in</strong> multiple ownership, perhaps with<strong>in</strong> a s<strong>in</strong>gle family, <strong>and</strong> presumably <strong>in</strong> multiple occupancy. In this case <strong>the</strong> purchaser bought two-fifteenths of a house. There is no record of <strong>the</strong> sort of domestic problems which must have arisen from such complicated tenural systems, though we have a h<strong>in</strong>t of a first-class family row preserved <strong>in</strong> <strong>the</strong> papers of Flavius Ab<strong>in</strong>neus, <strong>the</strong> 4th-century comm<strong>and</strong>er of a fort <strong>in</strong> <strong>the</strong> Egyptian Fayum. His wife Nona, who seems to have been a litigious lady, went to court with a very high-priced lawyer from Alex<strong>and</strong>ria <strong>in</strong> order to fight for <strong>the</strong> possession of a fourth of a courtyard (Bell et al 1962, 129-36). No doubt <strong>the</strong> pick<strong>in</strong>gs for lawyers at <strong>the</strong> property bar were very good <strong>in</strong>deed if we are to judge from <strong>in</strong>cidents such as this <strong>and</strong> <strong>the</strong> richness of <strong>the</strong> surviv<strong>in</strong>g legal documentation. This survey of <strong>the</strong> legal, social, <strong>and</strong> economic background to residential build<strong>in</strong>gs <strong>in</strong> <strong>the</strong> Roman past has tried to convey some of <strong>the</strong> flavour of a particular aspect of life through <strong>the</strong> medium of contemporary documentary sources. I would suggest that by study<strong>in</strong>g <strong>the</strong> legal <strong>and</strong> social evidence relat<strong>in</strong>g to hous<strong>in</strong>g <strong>and</strong> property <strong>in</strong> general <strong>in</strong> <strong>the</strong> ancient world we may be able to formulate new questions to which archaeology may address itself. These questions may not be answered fully, but an appreciation of <strong>the</strong> complex, vibrant society which <strong>in</strong>habited <strong>the</strong> dour ru<strong>in</strong>s may curb some of <strong>the</strong> excesses of archaeological pessimism which are detectable among students of <strong>the</strong>
Casey: The Roman hous<strong>in</strong>g market Roman period who, assailed on all sides by prophets of <strong>the</strong> ‘new archaeology’, have perhaps too readily ab<strong>and</strong>oned <strong>the</strong> people of <strong>the</strong> past <strong>in</strong> favour of abstractions derived from sociological <strong>and</strong> political <strong>the</strong>ories of recent orig<strong>in</strong>. Note 1 Except where stated o<strong>the</strong>rwise, <strong>the</strong> texts <strong>and</strong> translations of classical writers are taken from volumes <strong>in</strong> <strong>the</strong> Loeb Classical Library. References 48