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
There are still extant some fragments of a bronze tablet which contains
upon its smooth surface the Lex Repetundarum and has cut upon its rough[21]
back an agrarian law. These fragments were discovered in the 16th century
among the collections in the Museum of Cardinal[22] Bembo at Padua.
Sigonius attempted the reconstruction of this law and after him Haubold and
Klentze, but Rudorff has completed the reconstruction as far as possible
and made the law the subject of an interesting essay.[23] Mommsen has a
commentary in the Corpus Inscriptionum Latinarum[24] upon this law. From
all these sources the date of this law has been established almost beyond
doubt as 111. Sigonius assigned it to Spurius Thorius, and, as the name is
immaterial and[25] his arguments moreover for this title are not easily set
aside, we can do no better than adopt it.
_Argument of the Lex Thoria._[26]
The law evidently consists of three parts, although the rubricae are
absent.
I. De agro publico p. R. in Italia (1-43).
II. De agro publico p. R. in Africa (44--95).
III. De agro publico p. R. qui Corinthorum fuit (96-105).
I. On the Ager Publicus in Italy.
This part may be divided roughly into three sections: (1) Lines 1-24,
defining _ager privatus_; (2) 24-32, defining _ager publicus_; (3) 33-43,
on disputed cases.
It thus embraces the first forty-three lines of the law, and is concerned
with the public land of Italy, from the Rubicon southwards. It commences
by referring to the condition of this land in the year 133, when Tiberius
Gracchus was tribune. The law does not affect to touch any thing which
had been enacted concerning this land prior to 133. It either confirms or
alters what had been done in 133, and since that time. All the public land
which was exempted from the operation of the Sempronian laws, _i.e._, _Ager
Campanus_ and _Ager Stellatis_, was also excluded from the operation of the
_lex Thoria_.
(1) The first ten lines of the law relate to that part of the ager publicus
which was occupied before the time of the Gracchi, if the amount of such
land did not exceed the maximum fixed by the Sempronian laws;
(2) Also, to the assignments made by lot (_sortito_) to Roman citizens
by the commissioners since the enactment of the Sempronian laws, if such
assignments were not made out of land which had been guaranteed to the old
possessors;
(3) Also, to all lands taken from an old possessor, but on his complaint
restored to him by the commissioners;
(4) Also, to all houses and lands, in Rome or in other parts of Italy,
which the commissioners had granted without lot, so as such grants did not
interfere with the guaranteed title of older possessors;
(5) Also, to all the public land which Gaius Sempronius, or the
commissioners, in carrying out his law, had used in the establishment of
colonies or given to settlers, whether Roman citizens, Latini, or Italian
Socii, or which they had caused to be entered on the "_formae_" or
"_tabulae_."
Public-domain text, read in full here on John Shaqi.
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