Dictionary of Greek and Roman antiquities. Ed. by William Smith. Illustrated by numerous engravings on wood.

AGRARIAE LEGES. AGRARIAE LEGES. 30
part, having no time to allot it, they gave public But whatever was the mode in which these lands
notice that any one who chose might in the mean- were occupied, the possessor, when once in possestime cultivate this land, on payment of part of the sion, was, as we have seen, protected by the praetor'a
yearly produce, namely, a tenth of the produce of interdict. The patron who permitted his client to
arable land, and a fifth of the produce of olive- occupy any part of his possession as tenant at will
yards and vineyards. A rate was also fixed to be (precario), could eject him at pleasure by the inpaid by those who pastured cattle (on this undi- terdictum de precario; for the client did not obtain
vided land) both for the larger and smaller ani- a possession by such permission of his patron. The
mals. And this they did with a view to increase patron would, of course, have the same remedy
the numbers of the Italian people, whom they con- against a trespasser. But any individual, howsidered to be most enduring of labour, in order ever humble, who had a possession, was also prothat they might have domestic allies. But it tected in it against the aggression of the rich; and
turned out just the contrary of their expectations. it was " one of the grievances bitterly complained
For the rich occupied the greater part of this un- of by the Gracchi, and all the patriots of their
divided land, and at length, feeling confident that age, that while a soldier was serving against the
they should never be deprived of it, and getting enemy, his powerful neighbour, who coveted his
hold of such portions as bordered on their lands, small estate, ejected his wife and children." (Nieb.)
arid also of the smaller portions in the possession The state could not only grant the occupation or
of the poor, some by purchase and others by force, possession of its public land, but could sell it, and
they became the cultivators of extensive districts thus convert public into private land. A renmarkinstead of farms. And in order that their culti- able passage in Orosius (Savigny, p. 176, note),
vators and shepherds might be free from military shows that public lands, which had been given
service, they employed slaves instead of freemen; to certain religious corporations to possess, were
and they derived great profit from their rapid in- sold in order to raise money for the exigencies of
crease, which was favoured by the immunity of the state. The sellinzg of that land which was
the slaves from military service. In this way the possessed, and the circumstance of the possession
great became very rich, and slaves were numerous having been a grant or public act, are both conall through the country. But this system reduced tained in this passage.
the number of the Italians, who were ground down The public lands which were occupied by posby poverty, taxes, and military service; and when- sessors, were sometimes called, with reference to
ever they had a respite from these evils, they had such possession, occzpUatorii; and, with respect to
nothing to do, the land being occupied by the the state, concessi. Public land which became pririch, who also employed slaves instead of free- vate by sale was called quaestoriss; that which is
men." This passage, though it appears to contain often spoken of as assigned (assignatus), was marked
much historical truth, does not distinctly explain out and divided (lismitatus) among the plebeians
the original mode of occupation; for we call in equal lots, and given to them in absolute ownerscarcely suppose that there were not some rules ship, or it was assigned to the persons who were
prescribed as to the occupation of this undivided sent out as a colony. Whether the land so granted
land. Livy also gives no clear account of the to the colony should become Roman or not, demode in which these possessions were acquired; pended on the nature of the colony. The namne
though he states in some passages that the con- ager publicus was given to the public lands which
quered lands were occupied by the nobles, and were acquired even after the plebs had become one
occupation (occupatio) in its proper sense signifies of the estates in the Ronlan constitution, though
the taking possession of vacant land. As the the name publicus, in its original sense, could no
number of these nobles was not very great, we longer be applicable to such public lands. After
may easily conceive that in the earlier periods of the the establishment of the plebs as an estate, the
republic, they might regulate among themselves possession of public land was still claimed as the
the mode of occupation. The complaint against peculiar privilege of the patricians, as before the
the nobles (patres) shortly before the enactment of establishment of the plebs it seems to have been.
the Licinian Rogations was, that they were not the only way in which public lands were enjoyed
content with keeping the land which they ille- by the populus: the assignment, that is the grant
gally possessed (possesso per injuriam agro), but by the state of the ownership of public land inthat they refused to distribute among the plebs the fixed shares, was the privilege of the plebs. In
vacant land (vacuum agrum) which had then re- the early ages, when the populus was the state, it
cently been taken from the enemy. (Liv. iv. 51, does not appear that there was any assignment of
vi. 5. 37; OCCUPATIO). It probably sometimes public lands among the populus, though it may be
happened that public land was occupied, or squatted assumed that public lands would occasionally be
on (to use a North American phrase), by any ad- sold; the mode of enjoyment of public land was
venturers.? that of possessio, subject to an annual payment to
the state. It may be conjectured that this ancient; It is stated in the American Almanac for possessio, which we cannot consider as having its
1 839, that though the new territory of Iowa con- origin in anything else than the consent of the state,
tains above 20,000 inhabitants, " none of the land was a good title to the use of the land so long as
has been purchased, the people being all what are the annual payments were made. At any rate,
termed squatters." The land alluded to is all the plebs had no claim upon such ancient possespublic land. The squatter often makes consider- sions. But with the introduction of the plebs as a
able improvements on the land which he has oc- separate estate, and the acquisition of new lands
cupied, and even sells his interest in it, before any
purchase is made of the land. The privilege of the only security which either the squatter or the
pre-emption which is allowed to the squatter, or person who purchases from him, has for the imto the person who has purchased his interest, is provements made on the land.
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