Lands, Laws, & Gods: Magistrates & Ceremony in the Regulation of Public Lands in Republican Rome (review)

Abstract

Reviewed by: Laws, & Gods: Magistrates & Ceremony in the Regulation of Public Lands in Republican Rome T. Corey Brennan Gargola, D. J. Lands, Laws, & Gods: Magistrates & Ceremony in the Regulation of Public Lands in Republican Rome. Chapel Hill: University of North Carolina Press, 1995. x 1 270 pp. Cloth, $43.95. (Studies in the History of Greece and Rome) “Nothing could have contributed more to the safety, strength and profit of the state.” Thus Niccolò Machiavelli (Disc. II 6), one of the first of a long line of moderns to expatiate on the phenomenon of Roman Republican colonization. The latest (at time of writing) is D. J. G[argola], with his learned Lands, Laws, & Gods, which has its origins in the author’s 1989 University of North Carolina dissertation. The book takes as its general subject not just Republican colonization but also another well-trod area of Roman public policy—the agrarian legislation that distributed state land and regulated its use—as well as the religious and technical aspects of Roman land definition. Can we really expect much new on these traditional topics? Perhaps not, [End Page 143] especially now that we have Dieter Flach’s Römische Agrargeschichte (Handbuch der Altertumswissenschaft 3.9, Munich 1990)—a masterly synthesis that G. oddly has missed. Yet G. independently manages to come up with a work of value. The bulk of G.’s book (chapters 2–7) consists of detailed reconstructions, especially from the evidence of Livy 21–45 (not much used by Flach), of how colonies were established, viritane plots assigned, and land sold or leased in the mid-Republic. Here G. has sifted through a small mountain of difficult evidence (and bibliography) of widely varying worth and succeeded in shaping a coherent narrative. He has a keen eye for technical and conventional language, and sound judgment on the limits of applying evidence from the various Gromatici (none of whom were writing much before the second century a.d.) to the Republican situation. In short, G. in these pages has crafted a reliable and readable English language work of reference on all sorts of res agrariae. The emphasis in chapters 2–7 is not so much on evolution in the administration of agrarian and colonial legislation—G. argues (somewhat provocatively) that there was not much development of institutions within this period—but on creating a composite picture of how things worked. G. realizes “the result is necessarily an idealized portrait,” in which the system appears more regular than it perhaps was (10–11). One additional trouble, however, is that this approach sometimes flattens potentially significant details. Take for instance the two commissions of colonial IIIviri created under a lex Aelia of late 194 (Liv. 34.53.1–2), one of which went on to found Copia (193), the other Valentia (192). Now, the reported terms of this law provided that the commissioners hold imperium—quite striking, though G. misses that detail—for three years (i.e., 193–91) to colonize the ‘ager Thurinus’ and the ‘Bruttii’ respectively. G. is over-optimistic in calling these territories “stable, long pacified regions” (63). If so, why the imperium? One possible explanation. The territorial parameters placed on each of these commissions (especially ‘the Bruttii’) were quite loose. Those IIIviri may have been expected to take wide-ranging measures to strengthen Roman control over dissidents in this area (cf. App. Hann. 61.252–53), even after they established their colonies. (Note that each of these commissions completed their ostensible tasks before their triennium expired.) If true, how many other colonial commissions were like these? It is only in chapters 8 and 9, where G. surveys agrarian programs from the Gracchi to the end of the Republic, that we see an attempt to show real development. The Gracchi in their agrarian legislation sought to achieve broader effects than any of their predecessors, argues G. in chapter 8, and so introduced agrarian laws that “ended the rigid separation of categories found in mid-Republican legislation” (176). Consider the lex Sempronia agraria of 133, which, in its final form, established IIIviri a(gris) i(udicandis) a(dsignandis) to settle coloni on public land taken from illegal possessores. In this law...