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Public Lands and Agrarian Laws of the Roman Republic by Andrew Stephenson
page 86 of 124 (69%)
just but hazardous expediency of throwing the burden of proof upon the
occupier. He was summoned before their tribunal and, unless he could
establish his boundaries or prove that the land in question had never
been a part of the domain land, it was declared _ager publicus_ and
confiscated.[14]

On the other hand the newly made proprietors were contending with one
another, if not with the commissioners. The Italians were, in some cases,
despoiled instead of relieved by the law. The complaints of those turned
out of their estates to make room for the clamorous swarms from the city,
drowned the thanks of such as obtained a portion of the lands. Not even
with the wealth of Attalus had Tiberius bought friends enough to aid him at
this time.[15] The same spirit of lawlessness which he himself had invoked
in the passing of his law, was in turn made use of by his enemies to
crush him. Having been absent from Rome while performing his duties as
commissioner, he now returned as a candidate for re-election to the
tribunate, a thing in itself contrary to law, and in the struggle which
arose over his re-election, was slain a little more than six months after
his appointment[16] to membership in the collegium.

_Uncertainty as to the Details of the Lex Sempronia._ We are very
imperfectly informed upon many points in Tiberius' agrarian law. In the
first place, the question arises, were those persons holding less than
500 jugera at the time of its enactment given their lands as _bona fide_
private property with the privilege of making up the deficiency? If not,
then the law, instead of punishing, would seem to reward violation of its
tenets, and he who had with boldness appropriated the greatest quantity
of domain land would now be an object of envy to his more honest but less
fortunate neighbors.

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