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

AGRARIAE LEGES. AGRARIAE LEGES. 43
that ager privatus in the provinces, unless it had portant object was to provide for the poorer citizens.
received the Jus Italicum, was not the same thing In a country where there is little trade, and no
as ager privatus in Italy, though both were private manufacturing industry, the land is the only source
property. Such a passage then as that just re- to which the poorer classes can look for subsistferred to in Cicero, leads to no necessary conclusion ence. Accordingly, at Rome there was a continual
that the ultimate ownership or dominion of this demand for allotments, and these allotments were
private land was not in the Roman people. made from time to time. These allotments were
It only remains briefly to notice the condition of just large enough to maintain a man and his
the public land with respect to the fructus, or vec- family, and the encouragement of population was
tigal which belonged to the state. This, as al- one of the objects contemplated by these grants
ready observed, was generally a tenth, and hence of land. (Liv. v. 30.) Rome required a constant
the ager publicus was sometimes called decumanus; supply of soldiers, (and the system was well
it was also sometimes called ager vectigalis. The adapted to give the supply. But this system of
tithes were generally farmed by the publicani, who small holdings did not produce all the results that
paid their rent mostly in money, but sometimes in were anticipated. Poverty and mismanagement
grain. The letting was managed by the censors, often compelled the small owners tb sell their
and the lease was for five years. The form, how- lands to their richer neighbours, and one clause of
ever, of leasing the tenths was that of a sale, the law of Tib. Gracchus forbade persons selling
zoazcipatio. In course of time the word locatio their allotments. This clause was afterwards
was applied to these leases. The phrase used by repealed, not, as some would suppose, to favour the
the Roman writers was originally f'uctils locatio, rich, but simply because the repeal of so absurd
which was the proper expression; but we find the an enactment would be beneficial to all parties.
phrase, cagzumT J;ztlesadum locare, also used in the In the later republic agrarian laws were consame sense, all expression which might appear sidered as one means of draining the city of the
somewhat ambiguous; and even acgrls- local'e, scum of the population, awhich is only anothenr
which might mean the leasing of the public lands, proof of the impolicy of these nmeasures, for the
and not of the tenths due from the possessors of worthless populace of a large city will never
them. Strabo (p. 622), when speaking of the port make a good agricultural population. (Cic. ad
duties of Cumne in Aeolis, says they were sold, by A tt. i. 19.) They were also used as nieans
which he no doubt means that they were farmed of settling veteran soldiers, who must either be
on certain terms. It is, however, made clear by maintained as soldiers, or provided for in some
Niebuhr, that in some instances at least the phrase way. Probably from about the close of the
a/grets locaue, does mean the leasing of the tenths; second Punic war, when the Romans had large
whether this was always tlhe meaning of the standing armies, it became the practice to prophrase, it is not, possible to affirm. vide for those who had served their period by
Though the term ager vectigalis originally ex- giving them a grant of land (Liv. xxxi. 4); and
pressed the public land, of which the tithe was this practice became common under the later
leased, it afterwards came to signify lands which republic and the empire. The Roman soldier alwere leased by the state, or by different corpora- ways looked forward to a release from service after
tions. This latter description would comprehend a certain time, but it was not possible to send
even the ager publicus; but this kind of public him away empty-handed. At the present day
property was gradually reduced to a small amount, none of the powers of Europe which maintain very
and we find the term ager vectigalis, in the later large armies could safely disband them, for they
period, applied to the lands of towns which were could not provide for the soldiers, and the soldiers
so leased that the lessee, or those who derived their would certainly provide for themselves at the extithe from him, could not be ejected so long as they pense of others. It was perhaps not so much a syspaid the vectigal. This is the ager vectigalis of tem of policy with the Romans as necessity, which
the Digest (vi. tit. 3), on the model of which was led them from time to time to grant lands in small
formed the emphyteusis, or ager emphyteuticarius. allotments to the various classes of citizens who
[EMPHi TEusIS.] The rights of the lessee of the have been enumerated.
ager vectigalis were different from those of a pos- The effects of this system must be considered
sessor of the old ager publicus, though the ager from several points of view-as a means of silencvectigalis was derived from, and was only a new ing the clamours of the poor, and one of the modes
form of the ager publicus. Though he had only a of relieving their poverty, under which aspect
jus in se, and though he is distinguished from the they may be classed with the Leges Frumentariae;
owner (doeinszus), yet he was considered as having of diffusing Roman settlers over Italy, and thus
the possession of the land. He had, also, a right extending the Roman power; as a means of proof action against the town, if he was ejected from viding for soldiers; and as one of the ways in
his land, provided he had always paid his vectigal. which popular leaders sought to extend their inThe nature of these agrarian laws, of which the fluence. The effects on agriculture could hardly
first was the proposed law of Spurius Cassius, and be beneficial, if we consider that the fact of the
the last, the law of C. Julius Caesar, B.c. 59, is settlers often wanting capital is admitted by aneasily understood. The plebs began by claiming cient authorities, that they were liable to be called
a share in those conquered lands of which the from their lands for military service, and that
patricians claimed the exclusive enjoyment, sub- persons to whom the land was given were often
ject to a fixed payment to the state. It was one unacquainted with agriculture, and unaccustomed
object of the Rogations of Licinius to check the to field labour. The evil that appears in course
power of the nobles, and to limit their wealth; of time in all states is the poverty of a large number
and as they had at that time little landed property, of the people, for which different countries attempt
this end would be accomplished by limiting their to provide different remedies. The Roman system
enjoyment of the public land. But a more im- of giving land failed to remedy this evil; but it