Public Lands and Agrarian Laws of the Roman Republic by Andrew Stephenson
page 18 of 124 (14%)
page 18 of 124 (14%)
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Besides these legal methods mentioned there was another very common one which was seemingly never established by any law and therefore existed merely by title of tolerance. I speak of the indefinite _possessio_ which was nothing but an occupation on the part of the patricians[19] of the land belonging to the state and was in nature quite similar to the so-called "squatting" commonly practiced in some of our western states and territories. The title to the enjoyment of the public lands was at first clearly vested in the patricians nor was this right extended to the plebeians until after they had been admitted to full citizenship. With regard to the state the _possessor_[20] was merely a tenant at will and could be removed whenever desired; but as regarded other persons he was like the owner of the soil and could alienate the land which he occupied either for a term of years, or forever, as if he were the real proprietor.[21] The public land thus occupied was looked to as a resource upon the admission of new citizens. They customarily received a small freehold according to the general notion of antiquity that a burgess must be a landowner. This land could only be found by a divison of that which belonged to the public, and a consequent ejectment of the tenants at will. In the Greek states every large accession to the number of citizens was followed by a call for a division of the public lands and, as this division involved the sacrifice of many existing interests, it was regarded with aversion by the old burgesses as an act of revolution. A great part of the wealth of the Romans consisted in domains of this kind, and the question will occur to the thoughtful mind how the government was able to keep the most distinguished part of her citizens in a legal position so uncertain and alarming. English law is very different from the Roman in this respect and would decide in favor of the tenant and against the state. It is fairly possible that this uncertainty of tenure tended to |
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