pascuus_ was land which had been left undivided, and had not
become the private property of any individual, but was the common property
of the owners of the adjacent lands. These persons had the right to pasture
stock upon this land by paying pasture dues (_scriptura_ or _vectigal_)
to the state. The _Thoria lex_ freed these lands from the _vectigal_ or
_scriptura_, and granted free pasturage to each man for ten head of
large beasts--cattle, asses, and horses--and fifty head of smaller
animals--sheep, goats, and swine. This common pasture must be carefully
distinguished from the communal property which was granted to the settlers
in a Colonia and called "_compascua publica_" with the additional title[29]
of the colony, as "_Julienses_."

These rights of common resemble, in some respects, the English common
of pasture as described by Bracton.[30] By English customary law, every
freeholder holding land within a manor, had the right of common of
pasturage on the lord's wastes as an incident to his land.

Lines 15-16. The possession of land, granted by the commissioners in a
colony since 133, to be confirmed before the Ides of March next.

Lines 16-17. The same rule applied to lands granted otherwise by the same
commissioners.

Line 18. Such occupants if forcibly ejected to be restored.

Lines 19-20. Land assigned by the Sempronian commission, in compensation
for land in a colony which had been made public, to become private.

Lines 23-24. Confirmation of the title or restitution of such land to be
made before the Ides of March next.

Lines 24-25. Land besides this which remains public is not to be occupied,
but to be left free to the public for grazing. A fine for occupation is
imposed. The law allowed all persons to feed their beasts great and small
on this public pasture, up to the number mentioned in lines 14-15 as the
limit to be pastured on the _ager campascuus_, free of all tax. This,
according to Rudorff, was done for the benefit of the small holders. Those
who sent more than this number of animals to the public pastures must pay a
_scriptura_, for each head.

Line 26. While the cattle or sheep were driven along the '_calles_,' or
beast-tracks, and along the public roads to the pasture grounds, no charge
was made for what they consumed along the road.

Line 27. Land given in compensation out of public land, to be _privatus
utei quoi optuma lege_.

Line 27. Land taken in this way from private ownership to b