Note 44 — LIFE OF TIBERIUS GRACCHUS.

Plutarch’s account of the Roman public land is brief and not satisfactory. A clearer statement, which differs from Plutarch’s in some respects, is given by Appian. (Civil Wars, i. 7, &c.) The Roman territory (Romanus Ager) was originally confined to a small circuit, as we see from the history of the early wars of Rome. Even Aricia (La Riccia) about fifteen miles south-east of Rome, was a city of the Latin confederation in the reign of Tarquinius Superbus. (Liv. 1, c. 50.) The Romans extended their territory by conquest, and they thus acquired large tracts of land in Italy, which were made the property of the state under the name of Ager Publicus. This public land was enjoyed originally by the patricians, and perhaps by them only, on payment of a certain rent to the treasury (Ærarium). The rents of the public land were a large part of the public income, and intended to defray a portion of the public expenditure. The plebs soon began to lay claim to a share in these lands, and a division of some tracts was made among the plebeians in the reign of Servius Tullius. The lands divided among the plebeians were given to them in ownership. The tracts of public land which were enjoyed by the patricians on the terms above mentioned, were considered, as they, in fact, were, public property; and the interest of the patricians in such lands was called a possession (possessio). Those who enjoyed the public land as a possessio were said to possess it (possidere), and they were called possessores, a term which often occurs in the first six books of Livius, and which Plutarch has attempted to translate by a Greek word (κτηματικοί). It is likely enough that the patricians abused their right to the use of the land by not always paying the rent; as we may collect from the passages in Dionysius (Antiq. Rom. viii. 70, 73, ix. 51, x. 36). Their enjoyment of extensive tracts also prevented the public land from being distributed among the plebeians to the extent that they wished. The disputes between the two orders in the state, the aristocracy or nobles and the plebeians, or, as Livius generally calls them, the patres and the plebs; (the padri and the plebe of Machiavelli, Discorsi, &c.), about the public land, commenced with the agitation of Spurius Cassius, B.C. 486, the history of which is given by Livius in his Second Book (c. 41). The contest was continued at intervals to B.C. 366, when a law was passed which is commonly called one of the Licinian Rogations, which forbade any man to have a possession in the public lands to the amount of more than 500 jugera. This is the law to which Plutarch alludes.

The extent and difficulty of the subject of the public land makes it impossible to examine it fully in a note. I propose to treat of it at length in an appendix in a future volume.