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
2. A second law was thus enacted: "Spurius Borius, a tribune, proposed a
law to this effect; that there should be no more distribution of the public
land, but it should be left to the possessors who should pay certain
charges (_vectigalia_) for it to the state ([Greek: daemo]) and that the
money arising from these payments should be distributed."[11]
It is easy to comprehend the effect of a law so conceived. On the one hand
it guaranteed to the possessors full property in the public lands which
they held. From this point of view it was aristocratic. But on the other
hand it aimed to unite the interests of the common people with those of the
aristocracy, by placing a tax of one tenth of the produce upon the holders
of these lands,[12] thus reëstablishing the law which had been annulled by
Drusus. This took the place of distributions of land, which had now been
made impossible[13] in Italy. In reality this law was disastrous to the
plebeians as it established a tax[14] for their benefit, a _congiarium_,
and placed a premium upon laziness.
The narration of Appian presents some grave difficulties. In all the
manuscripts of Appian the name of the tribune proposing the second law is
Spurius Borius.[15] Cicero mentions a tribune by the name of Spurius[16]
Thorius and Schweighäuser in his edition of Appian has changed 'Borius' to
'Thorius.' But this does not lessen the difficulty, as the law which Cicero
attributes to Thorius is entirely different from the second law of Appian
which, according to him was introduced by Spurius Borius. Cicero says that
Spurius Thorius "freed the public lands from the vectigal."[17] Appian
says that Spurius Borius guaranteed the _possessions_ in the public lands,
levying a tax on them for the benefit of the people. It is a sheer waste
of time to attempt to harmonize these two statements.[18] Granting that
Spurius Borius and Spurius Thorius are one and the same person, the
statements still remain diametrically opposed according to a simple and
commonly accepted translation of Cicero's words: "Sp. Thorius satis valuit
in populari genere dicendi, is qui agrum publicum vitiosa et inutile lege
vectigali levavit." Mommsen makes Cicero agree with Appian by changing
"vectigali" into the instrument, and rendering[l9] "relieved the public
land from a vicious and useless law by imposing a vectigal." No other
writer agrees with Mommsen in making such a translation.
3. The third law is mentioned by Appian alone who says: "Now when the law
of Gracchus had once been evaded by these tricks, an excellent law and most
useful to the state if it could have been executed, another tribune not
long after [Greek: oupolu husteron] abolished even the vectigalia."[20]
This is evidently the same law which Cicero mentions as that of Spurius
Thorius and as he also mentions him in another place (_De Or_., II, 70,
284), we may possibly accept him as the author.
Public-domain text, read in full here on John Shaqi.
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