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
Nothing less than a
share of the conquered territory would have satisfied them or induced them
to return and again take up the burden of war.
_Lex Flaminia._ Fifty four years after the enactment of the law of Curius
Dentatus, in the year 232, the tribune Caius Flaminius,[8] the man who
afterwards was consul and fell in the bloody battle of lake Trasimenus,
brought forward and carried a law for the distribution of the _Gallicus
Ager_[9] among the plebeians. This territory[10] had been taken from the
Galli Semnones fifty-one years before and was now occupied as pasture land
by some large Roman families. This territory lay north of Picenum and
extended as far as Ariminum[11](Rimini.) This was an excellent opportunity
for awarding lands to Roman veterans for military service, and thus to
establish a large number of small farms, rather than to leave the land in
the possession of the rich who resided in Rome and, consequently, formed no
frontier protection against the inroads of barbarians from the north. By
alloting the land, the Latin race and Latin tongue would help to Romanize
territory already conquered by Roman arms. The only thing opposed to this
was the possession of the land by the aristocracy. But they had no legal
claim to the land and could be dispossessed without any indemnification.
The senate opposed this measure to the utmost of their ability and, after
all other means had failed, threatened to send an army against the tribune
if he urged his bill through the tribes. They further induced his father to
make use of his _potestas_ in restraining his son.[12] When Flaminius was
bringing up the bill for decision he was arrested by his father. "Come
down, I bid thee," said the father. And the son humbled "by private
authority,"[13] obeyed. It finally became necessary for the plebeians to
take their stand on the formal constitutional law and to cause the _agraria
lex_ to be passed by a vote of the assembly of the tribes without a
previous resolution or subsequent approbation of the senate.[14] Polybius
dates a change for the worse in the Roman constitution from this time.[15]
The relief of the plebeians was further promoted by the foundation[16] of
new colonies.
In the year 200, after Scipio returned as conqueror of Carthage, the senate
decreed that he should be assigned some lands for his soldiers, but Livy
does not tell us where they were to be assigned; whether they were to be
a part of the ancient _ager publicus_ or of the territory of Carthage,
Sicily, or Campania, _i.e._ the new conquests of Rome. He merely says that
for each year of service in Spain or Africa the soldiers were to receive
two jugera each, and that[17] the distributions should be made by the
_decenvirs_. In spite of the insufficiency of these details the passage
reveals to us two important facts:
1. Decemvirs as well as triumvirs were at times appointed to make
distributions of domain lands in accordance with the provisions of an
agrarian law.
Public-domain text, read in full here on John Shaqi.
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