ĂGER PUBLĬCUS, the public land, was the land belonging to the Roman
state. It was a recognised principle among the Italian nations that
the territory of a conquered people belonged to the conquerors.
Accordingly, the Romans were constantly acquiring fresh territory
by the conquest of the surrounding people. The land thus acquired
was usually disposed of in the following way. 1. The land which was
under cultivation was either distributed among colonists, who were
sent to occupy it, or it was sold, or it was let out to farm. 2. The
land which was then out of cultivation, and which, owing to war,
was by far the greater part, might be occupied by any of the Roman
citizens on the payment of a portion of the yearly produce; a tenth
of the produce of arable land, and a fifth of the produce of the
land planted with the vine, the olive, and other valuable trees. 3.
The land which had previously served as the common pasture land of
the conquered state, or was suitable for the purpose, continued to
be used as pasture land by the Roman citizens, who had, however, to
pay a certain sum of money for the cattle which they turned upon it.
The occupation of the public land spoken of above under the second
head was always expressed by the words _possessio_ and _possidere_,
and the occupier of the land was called the _possessor_. The land
continued to be the property of the state; and accordingly we must
distinguish between the terms _possessio_, which merely indicated
the use or enjoyment of the land, and _dominium_, which expressed
ownership, and was applied to private land, of which a man had the
absolute ownership. The right of occupying the public land belonged
only to citizens, and consequently only to the patricians originally,
as they were the state. The plebeians were only subjects, and
consequently had no right to the property of the state; but it is
probable that they were permitted to feed their cattle on the public
pasture lands. Even when the plebeians became a separate estate by
the constitution of Servius Tullius, they still obtained no right to
share in the possession of the public land, which continued to be the
exclusive privilege of the patricians; but as a compensation, each
individual plebeian received an assignment of a certain quantity of
the public land as his own property. Henceforth the possession of the
public land was the privilege of the patricians, and an assignment
of a portion of it the privilege of the plebeians. As the state
acquired new lands by conquest, the plebeians ought to have received
assignments of part of them, but since the patricians were the
governing body, they generally refused to make any such assignment,
and continued to keep the whole as part of the ager publicus, whereby
the enjoyment of it belonged to them alone. Hence, we constantly
read of the plebeians claiming, and sometimes enforcing, a division
of such land. With the extension of the conquests of Rome, the ager
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