Public Lands and Agrarian Laws of the Roman Republic — John Shaqi
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
_Dominium_ was therefore inseparable from _Jus Quiritium,_ the law of
the Roman city, the _optimum jus civium Romanorum_. The _peregrinus_ was
excluded from landed property both Roman and private; he could neither
inherit nor transmit; claim nor defend in equity. Moreover the name
_peregrinus_ was not confined to the stranger proper but was also bestowed
upon subjects of Rome[8] who, being deprived of their property and also
of political liberty by right of conquest, had not received the right of
citizenship which was for a long time confined within very narrow limits.
It would thus appear conclusive from the law quoted that the client and
plebeian could not at first hold land _optimo ex jure quiritium_.
Thus the tenure of the patricians was threefold: First, they had full
property in the land; second, they had a seigniorial right, _jus in re_, in
the land of their clients and the plebeians whose property belonged to the
_populus, i.e._ the generality of the patricians; in the third place, in
their own hands, they held lands which were portions of the domain and
which were held by a very precarious tenure called _possessio_.
According to Ihne, all lands in Rome were held by the above mentioned
tenure until the enactment of the Icilian law _de Aventino publicando_
which involved a change of tenure by converting the former dependent and
incumbered tenure of the plebeians into full property.
[Footnote 1: De Officiis, I, 12; Gaius, Frag., 234: Digest, 50, 16.]
[Footnote 2: Varro, De L.L.V. 14; Plautus, _Trinummus_, Act I, Scene 2, V.
75; Harper's _Latin Dictionary_; Cicero, _De Off_., I, 12: "Hostis enim
apud majores nostros is dicibatur, quem nunc peregrinum dicimus."]
[Footnote 3: Cic., _loc. cit._; Gaius, Frag., 234.]
[Footnote 4: Forcellini, _Lexic._; Harper's _Latin Lex_.]
[Footnote 5: _i.e._ The descendents of a person escheated could bring no
action for the recovery of the property.]
[Footnote 6: Giraud, _Recherches sur le Droit de Propriété_, p. 210.]
[Footnote 7: Gaius, Bk. II, 40.]
[Footnote 8: Ulpian, Frag., Title XIX, 4; Giraud, 216.]
SEC. 3.--AGER PUBLICUS.
In her early history Rome was continually making fresh conquests, and in
this way adding to her territory.[1] She steadfastly pursued a course of
destruction to her neighbors in order that she might thereby grow rich and
powerful. In this way large tracts of territory became Roman land, the
property of the state or _Ager Publicus._[2]
This public land extended in proportion to the success of the Roman arms,
since the confiscation of the territory of the vanquished was, in the
absence of more favorable terms, a part of the law of war. All conquered
lands before being granted or sold to private individuals were _Ager
Publicus_[3] a term which with few exceptions came to embrace the whole
Roman world.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account