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
The general principle of the measure was, therefore, the limitation to
five hundred _jugera_ of the amount of public land that could be
"possessed" by an individual. The very definition of the tenure
immediately exempted large portions of the State's domain from the
operation of this rule.[335] The Campanian land was leased by the State
to individuals, not merely possessed by them as the result of an
occupation permitted by the government; it, therefore, fell outside the
scope of the measure;[336] but, as it was technically public land and
its ownership was vested in the State, it would have been hazardous to
presume its exemption; it seems, therefore, to have been specifically
excluded from the operation of the bill, and a similar exception was
probably made in favour of many other tracts of territory held under a
similar tenure.[337] Either Gracchus declined to touch any interest that
could properly describe itself as "vested," even though it took merely
the form of a leasehold, or he valued the secure and abundant revenue
which flowed into the coffers of the State from these domains. There
were other lands strictly "public" where the claim of the holders was
still stronger, and where dispossession without the fullest compensation
must have been regarded as mere robbery. We know from later legislation
that respect was had to such lands as the Trientabula, estates which had
been granted by the Roman government at a quit rent to its creditors, as
security for that portion of a national debt which had never been
repaid. It is less certain what happened in the case of lands of which
the usufruct alone had been granted to communities of Roman citizens or
Latin colonists. Ownership in this case still remained vested in the
Roman people, and if the right of usufruct had been granted by law, it
could be removed by law. In the case of Latin communities, however, it
was probably guaranteed by treaty, which no mere law could touch: and so
similar were the conditions of Roman and Latin communities in this
particular, that it is probable that the land whose use was conferred on
whole communities by these ancient grants, was wholly spared by the
Gracchan legislation. In the case of those commons which were possessed
by groups of villagers for the purposes of pasturage (_ager
compascuus_),[338] it is not likely that the group was regarded as the
unit: and therefore, even in the case of such an aggregate possessing
over five hundred _jugera_, their occupation was probably left
undisturbed.
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