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
If we examine the objections which Ihne raises we shall not find them
so formidable as first appears. Mommsen does not say that the number of
citizens was increased. What he does say is that the number of burgesses
capable of bearing arms was increased (vol. III, p. 128). In 570-184, the
Servian Military Constitution was so modified as to admit to service in the
burgess army, persons possessed of but 4,000 asses ($85). In case of need
all those who were bound to serve in the fleet, _i.e._ those rated between
4,000 and 1,500 asses and all freedmen, together with the free-born rated
between 1,500 asses ($30) and 375 asses ($7.50), were enrolled in the
burgess infantry.[17] It is easy enough to see that the gift on the part of
the government of 30 jugera (24 acres) of land to each poor citizen,
would raise him from the ranks of the proletariate and make him liable to
military service.
This is sufficient to establish Mommsen's thesis;[18] and it is not
necessary to consider the second point, viz., that non-citizens were not to
share in the benefit of the land law nor thereby to be raised to the rank
of citizens, although to us it would be no more difficult to believe this
than that 76,000 allies had been admitted to the Roman franchise "by
several plebiscites" no trace or rumor of which had been preserved.
It can hardly be supposed that the Italian farmers were multiplied at
the same ratio as were the Romans; but the result must have been most
beneficial even to them.
In the accomplishing of this result, respectable interests and existing
rights were no doubt violated. The commission itself was composed of
violent partisans who, being judges unto themselves, did not scruple to
carry out their plans even at the cost of recklessness and tumult. Loud
complaints were made, but usually to no avail. If the domain question was
to be settled at all, the matter could not be carried through without some
such rigor of action. Intelligent Romans wished to see the plan thoroughly
tested. But this acquiescence had a limit. The Italian domain was not all
in the hands of Roman citizens. Allied communities held the usufruct of
large tracts of it by means of decrees of the people or the senate, and
other portions had been taken possession of by Latin burgesses. These in
turn were attacked by the commissioners; but to give fresh offense to these
Latini, who were already overburdened with military service, without share
in the spoils, was a matter of doubtful policy.
The Latini appealed to Scipio in person, and by his influence a bill was
passed by the people which withdrew from the commission its jurisdiction
and remitted to the consuls the decision as to what were private and what
domain lands. This was a mild way of killing the law, and resulted in that.
It had, however, in great measure, fulfilled its object and left little
territory in the hands of the Roman state.
Public-domain text, read in full here on John Shaqi.
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