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
All the lands comprised in the above are declared in lines seven and eight
to be private property, in these words: "Ager locus omnis quei supra
scriptus est, extra eum agrum locum, quei ager locus ex lege plebeivescito,
quod C. Sempronius Ti. f. tr. pl. rogavit, exsceptum cavitumve est nei
divideretur ... privatus esto."
Lines 8-10 declare that the censors shall, from time to time, enter this
land upon their books like any other private property; and it is further
declared that nothing shall be said or done in the senate to disturb the
peaceful enjoyment of this land by those persons possessing it.
Of lines 11-13 (ch. II) nothing definite can be said, because of the few
words which have been preserved.[27] Rudorff explains them as referring to
land granted to _viasii vicani_ (dwellers in villages along the roads), by
the Sempronian commissioners; such lands to remain in their possession, but
to be theoretically _ager publicus._
Lines 13-14 refer to lands occupied since 133 _agri colendi causa_. They
allow to every Roman citizen the privilege of occupying, for the purpose of
cultivation, thirty jugera of public land; they further declare that he
who shall possess or have not more than thirty jugera of such land, shall
possess and have it as private property,[28] with the provision that
land so occupied shall be no part of the public land excepted from
appropriation, and further, that such occupation shall not interfere with
the guaranteed lands of a previous possessor.
Lines 14-15 relate to holders of pasture land (_ager compascuus_). This
_ager compascuus_ was land which had been left undivided, and had not
become the private property of any individual, but was the common property
of the owners of the adjacent lands. These persons had the right to pasture
stock upon this land by paying pasture dues (_scriptura_ or _vectigal_)
to the state. The _Thoria lex_ freed these lands from the _vectigal_ or
_scriptura_, and granted free pasturage to each man for ten head of
large beasts--cattle, asses, and horses--and fifty head of smaller
animals--sheep, goats, and swine. This common pasture must be carefully
distinguished from the communal property which was granted to the settlers
in a Colonia and called "_compascua publica_" with the additional title[29]
of the colony, as "_Julienses_."
These rights of common resemble, in some respects, the English common
of pasture as described by Bracton.[30] By English customary law, every
freeholder holding land within a manor, had the right of common of
pasturage on the lord's wastes as an incident to his land.
Lines 15-16. The possession of land, granted by the commissioners in a
colony since 133, to be confirmed before the Ides of March next.
Lines 16-17. The same rule applied to lands granted otherwise by the same
commissioners.
Line 18. Such occupants if forcibly ejected to be restored.
Public-domain text, read in full here on John Shaqi.
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