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
Secondly, what arrangement was made as to the buildings and improvements
already upon the land? Were these handed over to the new owners without any
payment on their part? This would work great inequality in the value of
allotments made, and yet we cannot see where the poor man was to obtain
the money to pay for these. Then again, what was to become of the numerous
slaves which had hitherto carried on the agriculture now destined to be
performed by small holders? Their masters would have no further use for
them and would consequently swell the lists of freedmen in order to avoid
the expense of feeding them. This law was passed in the midst of the
Sicilian slave war and Tiberius Gracchus would surely not have neglected
to make some provision to meet this exigency. The law as it stands in its
imperfect condition seems to be the work of an ignorant, unprincipled
political charlatan, but we are convinced Tiberius was not that. Moreover,
we know that he had the help of one of Rome's most able lawyers, Publius
Mucius Scaevola, and the advice of his father-in-law, Appius Claudius,
who was something of a statesman. We are therefore convinced that some
conditions which were to meet these obstacles were enacted. We must admit,
however, that it is a little surprising that no fragment of such conditions
has ever reached us in the literature of Rome.
_Results of this Law._ Although Tiberius was dead, yet his law still lived,
and, indeed, received added force from the death of its author. The senate
killed Gracchus but could not annul his law. The party which was favorable
to the distribution of the domain land gained control of affairs. Gaius
Gracchus, Marcus Fulvius Flaccus, and Gaius Papirius Carbo, were the chief
persons in carrying the law into effect. Mommsen (vol. III, p. 128) says:
"The work of resuming and distributing the occupied domain land was
prosecuted with zeal and energy; and, in fact, proofs to that effect are
not wanting. As early as 622(i.e. from the Foundation of Rome, =132 B.C.)
the consul of that year, Publius Popillius, the same who presided over the
prosecution of the adherents of Tiberius Gracchus, recorded on a public
monument that he was 'the first who had turned the shepherd out of the
domains and installed farmers in their stead;' and tradition otherwise
affirms that the distribution extended over all Italy, and that in the
formerly existing communities the number of farmers was everywhere
augmented--for it was the design of the Sempronian agrarian law to elevate
the former class, not by the founding of new communities, but by the
strengthening of those already in existence.
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