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
Tradition represents the earliest social struggles of the Plebs as
centring round two questions—the possession of the public land, and the
law of debtor and creditor. They were no doubt closely connected, for
assignment of land meant relief of debt, but the agitation that gathered
round the public land was directed by individuals, was merely occasional,
and led to no permanent results; it is less a part of constitutional
than of political history, and its true nature is obscured by the fact
that we cannot say how far the annalists have transferred to this early
period the circumstances of the agrarian agitation of a later day. But
the early mode of assignment of the public land deserves consideration;
for, as one of the undoubted grievances of the Plebs, it may have been
one of the motives that led to the first great political reform. Land
conquered from the enemy was sometimes assigned to poorer citizens in
small allotments by the state (_ager assignatus_); in later times it was
sometimes sold by the state through its quaestors (_ager quaestorius_);
and in both these cases it became private property. But, in the early
Republic, the custom was growing up of leaving a great portion of
conquered land—especially such as was fit only for pasturage or had been
devastated in war—as state domain (_ager publicus_), and of allowing
it to be held in usufruct (_occupatio_) by squatters who paid to the
state for their privilege a proportion of the produce (_vectigal_), a
tithe or a fifth. Large portions of such _ager publicus_ had probably
been originally a part of the king’s domains, and had been held by his
clients, who would, of course, have been members of the lower class of
the Plebs. But under the new conditions of things it was all the property
of the state; and the theory was started, or confirmed, that in this
case Patricians alone could be its occupants,[348] a privilege that had
probably originated with the assumption that only the conquerors of the
land could share in the spoils of war.[349] This privilege—comprehensible
but legally absurd in that it involved the theory that clients of the
state must belong to a particular order—could no longer be upheld on the
same grounds, for Plebeians now marched to battle and could justly claim
a share in the prizes of war. But the maintenance of this principle, even
if justly carried out, could not have wholly solved the social problem.
The Proletariate, who had no share in winning the prize, would have still
been justly excluded; but it would at least have benefited the small
plebeian farmer, and perhaps it was he that had most need of benefit.
Public-domain text, read in full here on John Shaqi.
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