Public Lands and Agrarian Laws of the Roman RepublicStephenson, Andrew
History
Public Lands and Agrarian Laws of the Roman Republic
Stephenson, Andrew
Agricultural laws and legislation (Roman law); Colonate; Public lands -- Rome
(b). The gratuitous distribution of land was accomplished by means of
Agrarian Laws or royal grant and had for its object the establishment of
colonies for purposes of defence, the rewarding of veterans or meritorious
soldiers,[15] or in later times, the providing for impoverished plebeians.
But even in the earliest times a portion of the domain lands was excluded
from sale or private appropriation,[16] in order to serve as a resource for
the needs of the state.
This was the general usage of ancient republics and this maxim of reserved
lands was recommended[17] by Aristotle as the first principle of political
economy.
Such reserved _ager publicus_ was leased either in periods of five years
(quinquennial leaseholds) or perpetually, _i.e. _, by emphyteutic lease
or copyhold. From these lands[18] the treasury received an income of from
one-tenth to one-fifth of the annual crops.
Besides these legal methods mentioned there was another very common one
which was seemingly never established by any law and therefore existed
merely by title of tolerance. I speak of the indefinite _possessio_ which
was nothing but an occupation on the part of the patricians[19] of the land
belonging to the state and was in nature quite similar to the so-called
"squatting" commonly practiced in some of our western states and
territories. The title to the enjoyment of the public lands was at first
clearly vested in the patricians nor was this right extended to the
plebeians until after they had been admitted to full citizenship. With
regard to the state the _possessor_[20] was merely a tenant at will and
could be removed whenever desired; but as regarded other persons he was
like the owner of the soil and could alienate the land which he
occupied either for a term of years, or forever, as if he were the real
proprietor.[21] The public land thus occupied was looked to as a resource
upon the admission of new citizens. They customarily received a small
freehold according to the general notion of antiquity that a burgess must
be a landowner. This land could only be found by a divison of that which
belonged to the public, and a consequent ejectment of the tenants at will.
In the Greek states every large accession to the number of citizens was
followed by a call for a division of the public lands and, as this division
involved the sacrifice of many existing interests, it was regarded with
aversion by the old burgesses as an act of revolution.
Public-domain text, read in full here on John Shaqi.
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