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
The dissatisfaction of the supporters of the law concurred with the
resistance of its opponents in preventing its execution or at least greatly
embarrassing the collegium. The senate refused to grant the customary
outfit to which the commissioners[13] were entitled. They proceeded without
it. Then the landowners denied that they occupied any of the public
land, or else asked such enormous indemnities as to render the recovery
impossible without violence. This roused opposition. The _ager publicus_
had never been surveyed, private boundaries had in many cases been
obliterated, and, except where natural boundaries marked the limit of the
domain land, it was impossible to ascertain what was _ager publicus_ and
what _ager privatus_. To avoid this difficulty the commission adopted the
just but hazardous expediency of throwing the burden of proof upon the
occupier. He was summoned before their tribunal and, unless he could
establish his boundaries or prove that the land in question had never
been a part of the domain land, it was declared _ager publicus_ and
confiscated.[14]
On the other hand the newly made proprietors were contending with one
another, if not with the commissioners. The Italians were, in some cases,
despoiled instead of relieved by the law. The complaints of those turned
out of their estates to make room for the clamorous swarms from the city,
drowned the thanks of such as obtained a portion of the lands. Not even
with the wealth of Attalus had Tiberius bought friends enough to aid him at
this time.[15] The same spirit of lawlessness which he himself had invoked
in the passing of his law, was in turn made use of by his enemies to
crush him. Having been absent from Rome while performing his duties as
commissioner, he now returned as a candidate for re-election to the
tribunate, a thing in itself contrary to law, and in the struggle which
arose over his re-election, was slain a little more than six months after
his appointment[16] to membership in the collegium.
_Uncertainty as to the Details of the Lex Sempronia._ We are very
imperfectly informed upon many points in Tiberius' agrarian law. In the
first place, the question arises, were those persons holding less than
500 jugera at the time of its enactment given their lands as _bona fide_
private property with the privilege of making up the deficiency? If not,
then the law, instead of punishing, would seem to reward violation of its
tenets, and he who had with boldness appropriated the greatest quantity
of domain land would now be an object of envy to his more honest but less
fortunate neighbors.
Public-domain text, read in full here on John Shaqi.
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