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
Sec.13. LEX THORIA
" 14. AGRARIAN MOVEMENTS BETWEEN 111 AND 86
" 15. EFFECT OF THE SULLAN REVOLUTION
" 16. AGRARIAN MOVEMENTS BETWEEN 86 AND 59
" 17. LEX JULIA AGRARIA
" 18. DISTRIBUTION OF LAND AFTER THE CIVIL WAR BETWEEN CÆSAR AND POMPEY
" 19. DISTRIBUTIONS FROM THE DEATH OF CÆSAR TO THE TIME OF AUGUSTUS
(a) Lex Agraria of Lucius Antonius
(b) Lex de Colonis in Agros Deducendis
(c) Second Triumvirate
PUBLIC LANDS AND AGRARIAN LAWS OF THE ROMAN REPUBLIC.
CHAPTER I.
SEC. 1.--LANDED PROPERTY.
The Romans were a people that originally gave their almost exclusive
attention to agriculture and stock-raising. The surnames of the most
illustrious families, as Piso (miller), Porcius (swine-raiser), Lactucinius
(lettuce-raiser), Stolo (a shoot), etc., prove this. To say that a man was
a good farmer was, at one time, to bestow upon him the highest praise.[1]
This character, joined to the spirit of order and private avarice which
in a marked degree distinguished the Romans, has contributed to the
development among them of a civil law which is perhaps the most remarkable
monument which antiquity has left us. This civil code has become the basis
of the law of European peoples, and recommends the civilization of Rome to
the veneration of mankind.
The corner-stone of this legislation was the constitution of the law of
property.[2] This property applies itself to everything in the law of Rome,
to land, to persons and to obligations.
_Urbs_, the name of the village, takes its origin, according to an
etymology given by Varro,[3] from the furrow which the plow traced about
the habitations of the earliest dwellers. But what is of more interest to
us is that the legal signification of _Urbs_ and _Roma_ was different. The
former was the village comprised within the sacred enclosure; the latter
was the total agglomeration of habitations which composed the village,
properly[4] so called, and the outskirts, or suburbs. The powers of
certain magistrates ceased with the sacred limits of the _Urbs_, while the
privileges accorded to a citizen of Rome extended to the village and the
suburbs and finally embraced the entire Roman world.
The most ancient documents which have reached us from the history of India
and Egypt reveal that they had landed property fully established, while
Roman annals reveal to us the very creation of this institution. Whatever
modern criticism may deduce, Dionysius, Plutarch, Livy, and Cicero agree in
representing the first king of Rome as merely establishing public property
in Roman soil. This national property, the people possessed in common and
not individually. Such appears to us to be the quiritarian property _par
excellence_[5] and its primitive form was a variety of public community[6]
of which individual property was but a later solemn emancipation. To this
historic theory attaches the true notion of quiritarian land of which we
will speak in greater detail hereafter.
Public-domain text, read in full here on John Shaqi.
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