Ager exceptus and fundi excepti: on the question of social significance of «excluded» fields

Abstract

The article discusses the concepts existing in historiography regarding ager exceptus, a land category that appears in the agrarian law of 111 BC. The data of this law are used, among other things, for the reconstruction of the Gracchan agrarian legislation, in particular the initiatives of the youngest of the brothers, Gaius. Among all the hypotheses regarding the essence of ager exceptus, the author singles out as the most reasoned the one put forward by T. Mommsen: according to the latter, ager exceptus is, first of all, a Campanian field, ager Campanus. V.G. Telminov also speaks of ager Campanus as the material basis of “excluded” fields, although on other grounds than T. Mommsen. The idea that the fields of the Italian allies were excluded from the division is very attractive, however, the data of the agrarian law of 111 BC do not support this idea of F.T. Hinrichs. There is shown the difference between the ager exceptus of the agrarian law of 111 BC and fundi excepti, which are mentioned by Roman surveyors. In this regard, the author criticizes the concept of the French researcher C. Nicolet, who suggested that ager exceptus could be a mechanism for the formation of large landed property, and, consequently, contribute to the deterioration of the social climate in Roman society. The author of the article shows that C. Nicolet relied on the data of only one of the surveyors, Siculus Flaccus, although the information of Hyginus Gromatikus looks both more complete and more reliable. The social role of the lands ager exceptus and fundi excepti is noted.