A History of Rome During the Later Republic and Early PrincipateGreenidge, A. H. J. (Abel Hendy Jones)
History
A History of Rome During the Later Republic and Early Principate
Greenidge, A. H. J. (Abel Hendy Jones)
Rome -- History
But the peace of the citizen body was not the only blessing believed to
be secured by this removal of a temptation to tamper with Italian lands.
The anxieties of the Latins and Italians were also quieted, although it
may be questioned whether the memory of past wrongs, now rendered
irrevocable by the progress of recent agrarian experiments, did not
enter into the agitation for the conferment of the franchise, which they
still continued to sustain. The last great law, following the spirit of
the enactment of Drusus which had preceded it by about a year, does
indeed show traces of an anxiety to respect Italian claims. Apart from
the fact, which we have already mentioned, that all lands which had been
granted in usufruct to colonists, were still to be public and were,
therefore, in the case of Latin colonies, to be at the disposal of the
communities to which they had been granted by treaty, the law contains a
special provision for the maintenance of the rights of Latins and
Italians, so far as they are in harmony with the rights allowed to Roman
citizens by the enactment.[781] The guarantees which had been sanctioned
by Drusus, were therefore respected; but their observance was
conditioned by the rule that all prohibitions now created for Romans
should be extended to the allies. As we do not know the purport of
Drusus's measure, or the practices current on the Roman domains occupied
by Latins, we cannot say whether this clause produced any derogation of
their rights; but it must have limited the right of free pasturage on
the public commons, if they had possessed this in a higher degree than
was now permitted, and the right to occupy public land was also
forbidden them in the future. But it was from the negative point of view
that the law might be interpreted as creating or perpetuating a
grievance; for some of the positive benefits which it conferred seem to
have been limited to Romans. The land which it makes private property,
is land which has been assigned by colonial or agrarian commissioners,
or land which has been occupied up to a certain limit. If colonial land
had really been assigned to Latins by Caius Gracchus, their rights are
retained by this law, if they had been made Roman citizens at the time
of the settlement; but if they had been admitted as participants in the
agrarian distribution throughout Italy, their rights as owners are not
confirmed with those of Roman citizens; and the Latin who merely
occupied land was not given the privilege of the Roman possessor of
becoming the owner of the soil, if his occupation were restricted within
a certain limit.[782] He still retained merely a precarious possession,
for which dues to the State were probably exacted. It was something to
have rights confirmed, but they probably appeared less valuable when
those of others were extended. A more generous treatment could hardly
have been expected from a law of Rome dealing with her own domain,
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