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The following classification, while it is strictly adapted to the notions of the Romans, gives us the peculiar terms of their ancient national law.
Ager, a district, was the whole territory belonging to any civic community, in opposition to terra, a country, which comprised many such proprietary districts, as for instance terra Italia, Graecia. All landed property (ager in its restricted sense) was either Roman or forein, aut Romanus aut peregrinus. Under the head of forein came even that of isopolitan nations.
All Roman land was either the property of the state (common land, domain), or private property, aut publicus aut privatus.
The landed property of the state was either consecrated to the gods (sacer), or allotted to men to reap its fruits (profanus, humani juris). A later view made this the primary division, and then distinguisht the land belonging to man into public property and private property: but a treatise, evidently written in the time of Domitian, and assuredly by Frontinus—the only work among those of the Agrimensores which can be accounted a part of classical literature, or was composed with any real legal knowledge—says that the soil of the sacred groves was indisputably the property of the Roman people. This is confirmed by the statement in Livy that the temple and grove of Juno at Lanuvium became the joint property of the Roman people and of the Lanuvine municipals when the latter were admitted to the civic franchise.
A Correct notion of the constitution of 311 will lead us to acquit the patricians of the charge of setting a great value on the show of excluding the plebeians from the consulship, while they granted them the substance. Dion tells us that no consular military tribune, though several of them gained brilliant victories, ever celebrated a triumph. Hence it follows that they cannot have had the curule honours: for a triumph, properly so called, is termed triumphus curulis: and this epithet assuredly refers to the privilege of the supreme magistrates to go to the senate in a chariot: an honour not allowed to the consular tribunes, because they were not of curule rank. In like manner no master of the horse ever triumpht: nobody ever supposed that his was one of the curule offices; and the consular tribunes were not above him in rank. One may easily conceive that the office, when thrown open to the plebeians, was shorn of its dignity: if its power however had continued the same, the advantage that the consulship had over it would merely have been matter of vanity.
The most remarkable feature of this tribuneship is the variableness in the number of its members: for this in all the other offices of the ancient states was permanently fixt, and did not alter with the shifting of circumstances, as in modern monarchies.