From the Gracchi to Nero: A History of Rome from 133 B.C. to A.D. 68

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Authors: H. H. Scullard
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by the censors. The more fertile districts, as the
ager Campanus
in Campania, brought in a good revenue to the State, but large tracts were poor ground and the censors in Rome lacked an adequate staff to deal with this in a careful manner. In fact any Roman citizens (and, if there was enough land available, probably Italian allies as well) could occupy this land as squatters (
possessores
) in return for payment of a rent (
vectigal
): this was a poll-tax for graziers, but a fluctuating amount for others (a tithe on ploughland, and a fifth on vineyards and orchards). But to have enforced strict payment clearlywould have involved creating a large fiscal machine which would not have justified itself financially. Instead, the rent was often overlooked and the squatters came to regard the land as their own, which they might even bequeath to their children.
    There was, however, one proviso: the amount of
ager publicus
that any individual could hold was limited by law. This limitation had probably been imposed in 367 B.C., and two hundred years later the maximum amount that anyone could hold (Cato refers to it in a speech of 167 B.C.,) was 500
iugera
(some 300 acres). But in practice this limitation had often been disregarded, and the State had turned a blind eye, partly perhaps because the senators themselves, as large landowners, would benefit, and partly because it was better that the land should be occupied rather than remain idle, while the rich would be able to develop it to better purpose. Thus the growth of large estates had gone on apace, though in so far as many men held public land in excess of the legal limit, it was always possible strictly to enforce the law and reclaim the excess land for the
populus Romanus
, its legal owners. 21

II
THE GRACCHI 1
    1.  ATTEMPTS AT REFORM
    Thoughtful Romans began to realize the need to attempt some alleviation of the economic situation, if only because it affected Rome’s military strength. The Roman army was a citizen militia: it consisted of men enrolled in five property
classes
, but if these men lost their farms and became urban paupers they would sink below the minimum property qualification and would be classed as
capitecensi
or
proletarii
who were not subject to conscription. The evidence suggests that the needs of recruitment had in fact led to some relaxation of the necessary requirement and that some such men had been enrolled in the armies which fought in Africa and Greece. This would produce further difficulty, because on demobilization men previously had a farm to which to return, whereas now some men might be left resourceless apart from any war-booty that they had won. If the strength of the army was to be kept up under the traditional system of recruitment, the peasant farmers of Italy must be restored to their old prosperity. This concern for the needs of the army might combine with distrust of recent developments in the countryside to induce some Romans to attempt some reform.
    The first move came from Laelius, the close friend of Scipio Aemilianus who must certainly have been behind the proposal. At some date before or during his consulship in 140 Laelius raised the question of public land. 2 No details unfortunately are known about his scheme. It was possibly on the lines later followed by Tiberius Gracchus and envisaged that the State should reclaim all land held in excess of the legal limit of five hundred
iugera
and distribute this in allotments to the landless, but it may have been less thoroughgoing than the Gracchan plan (e.g. it might have dealt only with quiterecent seizures of land in excess of the legal amount). In view of the conclusion of the wars in Greece and Africa in 146 and the possible needs of some of the troops, the allotments may have been designed for veterans as well as the poor of Rome and Laelius perhaps made the proposal during his praetorship in 145. But when the scheme was mooted, it met with such severe opposition from the Senate and

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