Niebuhr's lectures on Roman history, Vol. 1 (of 3)Niebuhr, Barthold Georg
History
Niebuhr's lectures on Roman history, Vol. 1 (of 3)
Niebuhr, Barthold Georg
Rome -- History
thus of such an estate, not the whole proceeds, but a part only, was
offered as a gift. According to the system of Roman law, the state did
not keep as much as possible of what was _publicum_ for itself; but it
proclaimed that every Romanus Quiris who wished to cultivate a part of
the conquered country, might take it. This was called _occupatio agri
publici_. At first, those who were patricians, as the oldest citizens,
might take a plot wherever they liked. This was for the most part
waste land, become desolate in the war, on the hostile frontier, and
therefore there was no great competition for it. From the very first,
the obligation was imposed of paying the _decumæ_ and _quintæ_. It was
this revenue which was farmed, and this has always been overlooked.
The terms _agrum locare_ and _agrum vendere_ are synonymous, and mean
neither more nor less than _fructus agri vendere_, _agrum fruendum
locare_. One really had the possession of such an estate very much as
if it were one’s own, so that a third party could not claim it; just
like the tenant at will, from whom the landlord may under certain
conditions take his farm, but who enjoys perfect protection against
any one else. This was secured among the Romans by the possessory
interdicts, so that this possession might also become hereditary.
But the state, on the other hand, might at any time interfere, and
say, “Now I want to establish a colony here, or to divide the land
_viritim_, the occupant has therefore notice to quit;” and in that case
the latter had no _auctoritas_ whatever against the state. From this it
is evident that the state could always dispose of the _ager publicus_,
so that, for instance, no more than a certain number of _jugera_ came
into the possession of a single person; for others would thus have been
excluded from it, and the excessive influence of an individual, from
the immense number of his clients, might have become dangerous to the
whole community.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account