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Updated: June 17, 2025
They were parcels of the ager publicus, land belonging to the state, which, in spite of a law forbidding it, the great lords and commoners had appropriated and divided among themselves. Five hundred acres of state land was the most which by statute any one lessee might be allowed to occupy. But the law was obsolete or sleeping, and avarice and vanity were awake and active.
I can mention only the right of the gens to the heritage, and in certain cases the possession of an ager publicus, which certainly bears witness in favour of an antique community of property. Can we, then, accept that there was once a period of the maternal family, when descent and inheritance were traced through the mother?
Here we find that: "Nullus judex publicus ad causas audiendum, vel freda exigendum, seu mansiones aut paratas faciendum, nec fidejussiones tollendum neque hominibus ipsius episcopatus distringendum," etc. This is sufficient to show the character of exemption from secular jurisdiction.
When he was summoned as a witness against Publicus Clodius, his wife Pompeia's gallant, who was prosecuted for the profanation of religious ceremonies, he declared he knew nothing of the affair, although his mother Aurelia, and his sister Julia, gave the court an exact and full account of the circumstances. And being asked why then he had divorced his wife?
It was imagined that bankrupt yeomen might be relieved by being allowed to settle on the public domain, or that the resumption or retention of a portion of this domain by the State might furnish an opportunity for the foundation of fresh colonies, and a law was passed limiting the amount of the ager publicus that any individual might possess.
What would become of us, if every deputy, peer, or public functionary should be called upon to show his title to his fortune! "The patricians arrogated the exclusive enjoyment of the ager publicus; and, like the feudal seigniors, granted some portions of their lands to their dependants, a wholly precarious concession, revocable at the will of the grantor.
Where lands had been enclosed and money laid out on them he was willing that the occupants should have compensation. But they had no right to the lands themselves. Gracchus persisted that the ager publicus belonged to the people, and that the race of yeomen, for whose protection the law had been originally passed, must be re-established on their farms.
As the population augmented and the opportunities for marauding decreased, the majority had to overcome their repugnance to husbandry; and soon large patches of ploughed land or waving grain were to be seen in the vicinity of the stanitsas, as the Cossack villages are termed. At first there was no attempt to regulate this new use of the ager publicus.
If, in the time of Tiberius Gracchus, who wished to limit each citizen's possession of the ager publicus to five hundred acres, the amount of this possession had been fixed at as much as one family could cultivate, and granted on the express condition that the possessor should cultivate it himself, and should lease it to no one, the empire never would have been desolated by large estates; and possession, instead of increasing property, would have absorbed it.
He told them that lands had been allotted to every soldier out of the ager publicus, or out of his own personal estates. Suetonius says that the sections had been carefully taken so as not to disturb existing occupants; and thus it appeared that he had been thinking of them and providing for them when they supposed themselves forgotten.
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