said to have
blasting by
n’s Gazetteer
'was one of
re shut up.
sted of the
nfantry, the
llery. The
June 1857;
ty devolved
ted at night
e governor,
treets ; but
nd country,
nutineers, to
r Residency.
ners getting
ldings in the
tion ; num-
endure the
e Fort. As
y defended,
the country,
46. Heroic
ontgomery’s
' the rebels,
feat worthy
rabble of
f A., which
m, but was
h of Colonel
nd despoiled
y situated at
nountains, is
. 45° 49’ N.,
b in 1266 to
uence of its
The town
- parts, each
These are
, built upon
vn ; and the
' the bishop.
, Who carry
and tobacco.
t in appear-
talian roofs.
of Croatia,
the Croats,
esses a royal
arious other
me of A. L.
abolition of
stribution of
Romans was
received by
1 in 21798,
ny one who
by the term
tizens. Now,
omans, with
- could ever
awsure of the
ne, Savigny,
ned the true
aws. There
matter, but
laws had no
ite property,
1, a portion
- was confis-
omain. All
AGRARIAN LAW.
laws respecting the disposition of these lands were
called A. laws ; which are therefore of various kinds.
‘What made these laws be so long mistaken for an
interference with private rights, and excited such
opposition to them at the time, was the use which
was made of the public domains while unappro-
priated. ‘It was the practice at Rome,” says Dr
Arnold, ‘and doubtless in other states of Italy, to
allow individuals to occupy such lands, and to enjoy
all the benefits of them, on condition of paying to
the state the tithe of the produce, as an acknow-
ledgment that the state was the proprietor of the
land, and the individual merely the occupier. Now,
although the land was undoubtedly the property of
the state, and although the occupiers of it were in
relation to the state mere tenants-at-will, yet it is in
human nature that a long undisturbed possession
should give a feeling of ownership ; the more so as,
while the state’s claim lay dormant, the possessor
wasg, in fact, proprietor, and the land would thus be
repeatedly passing by regular sale from one occupier
to another.’
The state, however, was often obliged to interfere
with these occupiers of the public lands, and resume
its rights. The very idea of a citizen, in ancient
times, involved that of a landholder, and when new
citizens were to be admitted, they had each to
receive their portion out of the unallotted public
domain ; which was attended, of course, with the
ejection of the tenants-at-will. It appears, also,
that the right to enjoy the public lands in this
temporary way was confined to the old burghers
or patricians. This, taken in conjunction with the
tendency, strong at all times, of larger possessions to
swallow up smaller, kept up an ever-increasing
number of landless commons, whose destitution and
degradation came from time to time to such a piteh,
that alleviation was necessary, to prevent the very
dissolution of the state. It is easy, however, to see
what motive the patricians, as a body, had to oppose
all such measures, since it was their interest, though
not their right, to keep the lands unallotted.
The enactment of A. laws occasioned some of the
most memorable struggles in the internal history of
tome. Most of the kings of Rome are said to have
carried an A. L., that is, to have divided a portion
of the public land among those whom they admitted
to the rights of citizenship. ‘The good king,’
Servius Tullius, may be looked upon as the first
victim of the hostility of the nobles to A. laws.
About twenty-four years after the expulsion of the
Tarquins, the distress of the commons called aloud
for remedy, and the consul, Spurius Cassius, proposed
an A. L. for a division of a certain proportion of the
public land, and for enforcing the regular payment
of the rent or tithe from the occupiers of the
remainder. The aristocracy, however, contrived to
defeat the proposal, and when the year of his
consulship was out, Cassius was accused of trying to
make himself king, was condemned, scourged, and
beheaded, and his house razed to the ground.
The first important A. L. of a permanent nature,
actually passed, was that proposed by the tribune,
Licinius Stolo, and carried, after a struggle of five
years, in the year of Rome 383. The provisions of
Liciniug’s bill, or rogation, were as follows: ¢ Every
toman citizen shall be entitled to occupy any portion
of the unallotted state land not exceeding 500 jugera
(see AcrE), and to feed on the public pasture-land
any number of cattle not exceeding 100 head of
large, or 500 head of small, paying in both cases
the usual rates to the public treasury. Whatever
portions of the public land beyond 500 jugera are at
present occupied by individuals, shall be taken from
them, and distributed among the poorer citizens as
absolute property, at the rate of seven jugera apiece.
Occupiers of public land shall also be bound to
employ a certain number of freemen as labourers.’
This law produced for a time very salutary effects.
But before the year 621, when Tiberius Gracchus
was elected tribune, the Licinian law had been
suffered to fall into abeyance; and although vast
tracts had been acquired by the Italian, the Punic,
and the Greek wars, no regular distribution of land
among the destitute citizens had taken place for
upwards of a century. Numerous military colonies
had indeed been founded in the conquered districts,
and in this way many of the poorer Romans or their
allies had been provided for ; but still there remained
large territories, the property of the state, which,
instead of being divided among the poorer members
of the state, were entered upon, and brought into
cultivation, by the rich capitalists, many of whom
thus came to hold thousands of jugera, instead of
the five hundred allowed by the Licinian law. To a
Roman statesman, therefore, looking on the one
hand to the wretched pauper population of the
meaner streets of Rome, and on the other, to the
enormous tracts of the public land throughout Italy
which the wealthy citizens held in addition to their
own private property, the question which would
naturally present itself was—Why should not the
state, as landlord, resume from these wealthy
capitalists, who are her tenants, as much of the
public land as may be necessary to provide little
farms for these pauper citizens, and so convert them
into respectable and independent agriculturists?
This question must have presented itself to many ;
but there were immense difficulties in the way. Not
only had long possession of the state lands, and the
expenditure of large sums in bringing them into
cultivation, given the wealthy tenants a sort of
proprietary claim upon them, but in the course of
generations, during which estates had been bought,
sold, and inherited, the state lands had become so
confused with private property, that in many cases
it was impossible to distinguish between the two.
Notwithstanding these difficulties, Tiberius Gracchus
had the boldness to propose an A. L., to the effect,
that every father of a family might occupy 500
jugera of the state land for himself, and 250 jugera
additional for each of his sons; but that, in every
case where this amount was exceeded, the state
should resume the surplus, paying the tenant a price
for the buildings, &c., which he had been at the
expense of erecting on the lands thus lost to him.
The recovered lands were then to be distributed
among the poor citizens ; a clause being inserted in
the bill to prevent these citizens from selling the
lands thus allotted to them, as many of them would
have been apt to do.
According to the laws and constitution of Rome,
there was nothing essentially unjust in this proposal,
which was, in private, at least, approved of by some
of the most distinguished men of the time. The
energy of Gracchus carried the measure, in spite of
the opposition of the aristocratic party, whose
vengeance, however, could only be satisfied with the
assassination of Gracchus and his brother. See
Graccaus. The attempts to carry out the ¢ Sem-
pronian law,” as it was called, were attended with
great difficulties, and although not formally repealed,
1t continued to be evaded and rendered inoperative.
Various A. laws were subsequently passed, some by
the victorious aristocratic party, in a spirit directly
opposed to the Licinian and Sempronian laws.
Besides A. laws having for their object the division
among the commons of public lands usurped by the
nobles, there were others of a more partial and local
nature, for the establishment of colonies in particular
conquered districts : thege naturally met with less
opposition. Still more different were those violent
79