Roman Public LifeGreenidge, A. H. J. (Abel Hendy Jones)
History
Roman Public Life
Greenidge, A. H. J. (Abel Hendy Jones)
Constitutional history -- Rome; Rome -- Politics and government
The account of _gentes_ being received into the Roman community is
accompanied by a tradition of their keeping together in their new
settlement. Thus the Claudii, on the reception of the _civitas_, are
said to have received a special tract of territory across the Anio for
themselves and their clients.[53] Such a tradition at once suggests
a close connexion between the _gens_ and the soil, which there is no
reason to doubt. But the further questions have been raised, whether
the _gens_ as a whole was the owner of the land on which it settled,
and whether this was the form of common possession recognised in early
Rome. It must be admitted that tradition knows nothing of such a tenure.
Dionysius represents the territory given to the Claudii as destined to
be divided up amongst the various _familiae_ of the _gens_;[54] while
in other accounts of land-assignments we hear of such being made to the
_curia_ (φράτρα)[55] or to individuals (_viritim_),[56] but never to
the clan. Yet a plausible theory of common possession has been based on
the survivals both of legal terms and of clan rights.[57] Amongst the
terms describing early territorial possession we have, apart from _ager
publicus_, the _heredium_ and the _ager privatus_. The private possession
of the _heredium_ is attributed to Romulus,[58] and is thus regarded
as a modification of some form of common tenure; and the _heredium_
consisted of only two _jugera_,[59] an amount obviously insufficient for
the maintenance of a family. Hence there must have been _ager privatus_
as well, owned by some larger unit, and this unit would naturally have
been the _gens_. It has also been thought that the terms descriptive
of individual ownership—_manus_, _mancipium_—referred originally to
movables,[60] as though immovables belonged to a common stock. Lastly,
we find connected with the clan the survival of a corporate right to
property and collective duties connected with it. According to the rules
of regular intestate succession, in default of the _suus heres_, property
lapses to the _proximus agnatus_ and then to the _gentiles_;[61] and
it was in connexion with this right, which lasted down to the end of
the Republic,[62] that the definition of a _gentilis_ was of such legal
importance.[63] This inheritance is by the _gentiles_ as a whole, for
there is no _proximus gentilis_, and in historic times it must have
been an inheritance by individuals, the property being divided amongst
those who could prove their claim; but it may be the relic of an earlier
inheritance by the _gens_ as a corporation.
But the _gentiles_ have rights in a _corporate_ capacity as well. By
the Twelve Tables they have the guardianship of the insane[64] and
a reversionary right of guardianship over women and children.[65]
Guardianship (_tutela_) must have given them all the rights of a
person in Roman law, to exercise which they must have had a personal
representative. But this devolution itself shows the _gens_ acting as a
corporation.
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