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diff --git a/12638-h/12638-h.htm b/12638-h/12638-h.htm new file mode 100644 index 0000000..5c950cd --- /dev/null +++ b/12638-h/12638-h.htm @@ -0,0 +1,5997 @@ +<!DOCTYPE html PUBLIC "-//W3C//DTD XHTML 1.0 Transitional//EN" +"http://www.w3.org/TR/xhtml1/DTD/xhtml1-transitional.dtd"> +<html xmlns="http://www.w3.org/1999/xhtml"> +<head> +<meta name="generator" content="HTML Tidy, see www.w3.org" /> +<meta http-equiv="Content-Type" content= +"text/html; charset=ISO-8859-1" /> +<title>Public Lands And Agrarian Laws Of The Roman Republic</title> +<style type="text/css"> + body { + background: #ffffff; + margin-left:10%; + margin-right:10%; + } + + p { + text-align: justify; + } + + td { + text-align: left; + font-size: 0.9em; + } + + ul.none { + list-style-type: none; + margin-left: 2%; + } + + li { + font-size: 0.9em; + } + + li.list { + font-size: 1.0em; + } + + blockquote { + text-align: justify; + margin-left: 5%; + } + + + p.indent { + text-align: justify; + margin-left: 25%; + font-size: 0.8em; + } + + p.indent1 { + text-align: left; + margin-left: 30%; + font-size: 0.9em; + font-weight: bold; + line-height: 150% + } + + p.indent2 { + text-align: left; + margin-left: 35%; + font-size: 0.8em; + font-weight: bold; + line-height: 150% + } + + span.indent1 { + text-align: left; + margin-left: 40%; + font-size: 0.9em; + font-weight: bold; + line-height: 150% + } + + h1,h2,h3,h4,h5,h6 { + text-align: center; + } + + p.footnote { + font-size: 0.9em; + } + + span.note { + font-size: 0.8em; + font-weight: normal; + } + + hr { + text-align: center; + width: 50%; + color: #000000; + } + + html>body hr { + margin-right: 25%; + margin-left: 25%; + width: 50%; + } + + hr.short { + text-align: center; + width: 30%; + color: #000000; + } + + html>body hr { + margin-right: 35%; + margin-left: 35%; + width: 30%; + } + + + hr.full {width: 70%; + color: black; + } + + html>body hr.full {margin-right: 15%; + margin-left: 15%; + width: 70%; + } + + a:link { + color: #000000; + text-decoration: none; + } + + a:visited { + color: #000000; + text-decoration: none; + } + + a:hover { + color: #ffffff; + background: #ff0033; + text-decoration: none; + } + + a:active { + color: #ff0000; + background: #ffffff; + text-decoration: underline; + } + + +</style> +</head> +<body> + + +<pre> + +The Project Gutenberg EBook of Public Lands and Agrarian Laws of the Roman +Republic, by Andrew Stephenson + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: Public Lands and Agrarian Laws of the Roman Republic + +Author: Andrew Stephenson + +Release Date: June 16, 2004 [EBook #12638] + +Language: English + +Character set encoding: ISO-8859-1 + +*** START OF THIS PROJECT GUTENBERG EBOOK PUBLIC LANDS AND AGRARIAN *** + + + + +Produced by Juliet Sutherland, Lesley Halamek and PG Distributed +Proofreaders + + + + + + +</pre> + +<!--[Compiler's Note: The numbers for Footnotes containing Greek quotations are clickable links.]--><br /> +<h3>JOHNS HOPKINS UNIVERSITY STUDIES</h3> + +<h5>IN</h5> + +<h3>HISTORICAL AND POLITICAL SCIENCE</h3> + +<h4>HERBERT B. ADAMS, Editor</h4> + +<hr /> +<h6>History is past Politics and Politics present +History—<i>Freeman</i></h6> + +<hr /> +<h3>NINTH SERIES</h3> + +<h3>VII-VIII</h3> + +<h1>PUBLIC LANDS AND AGRARIAN LAWS</h1> + +<h5>OF THE</h5> + +<h1>ROMAN REPUBLIC</h1> + +<h4>BY ANDREW STEPHENSON, PH.D.</h4> + +<h6><i>Professor of History, Wesleyan University</i></h6> + +<br /> +<br /> + + +<hr /> +<br /> +<br /> + + +<h5>BALTIMORE</h5> + +<h5>THE JOHNS HOPKINS PRESS</h5> + +<h5>JULY-AUGUST, 1891</h5> + +<hr /> +<h6>Copyright, 1891, BY THE JOHNS HOPKINS PRESS.</h6> + +<hr /> +<br /> +<br /> +<h3>PREFACE.</h3> + +<p>In the following pages it has been my object to trace the +history of the domain lands of Rome from the earliest times to the +establishment of the Empire. The plan of the work has been to +sketch the origin and growth of the idea of private property in +land, the expansion of the <i>ager publicus</i> by the conquest of +neighboring territories, and its absorption by means of sale, by +gift to the people, and by the establishment of colonies, until +wholly merged in private property. This necessarily involves a +history of the agrarian laws, as land distributions were made and +colonies established only in accordance with laws previously +enacted.</p> + +<p>My reason for undertaking such a work as the present is found in +the fact that agrarian movements have borne more or less upon every +point in Roman constitutional history, and a proper knowledge of +the former is necessary to a just interpretation of the latter.</p> + +<p>This whole question presents numerous obscurities before which +it has been necessary more than once to hesitate; it offers, both +in its entirety and in detail, difficulties which I have at least +earnestly endeavored to lessen. These obscurities and difficulties, +arising in part from insufficiency of historical evidence and in +part from the conflicting statements of the old historians, have +been recognized by all writers and call forth on my part no claim +for indulgence.</p> + +<p>This monograph is intended as a chapter merely of a history of +the public lands and agrarian laws of Rome, written for the purpose +of a future comparison with the more recent agrarian movements in +England and America.</p> + +<p>ANDREW STEPHENSON.</p> + +<p>MlDDLETOWN, CONN.<br /> +<i>May</i> 8, 1891.</p> + +<br /> +<br /> +<br /> +<hr /> +<br /> + + +<h3>TABLE OF CONTENTS.</h3> + +<p class="indent1"><a href="#I">CHAPTER I.</a></p> + +<p class="indent2">Sec. <a href="#I1">1. LANDED +PROPERTY</a><br /> +Sec. <a href="#I2">2. QUIRITARIAN +OWNERSHIP</a><br /> +Sec. <a href="#I3">3. AGER PUBLICUS</a><br /> +Sec. <a href="#I4">4. ROMAN COLONIES</a></p> + +<br /> +<p class="indent1"><a href="#II">CHAPTER II.</a></p> + +<p class="indent2">Sec. <a href="#II5">5. LEX +CASSIA</a><br /> +Sec. <a href="#II6">6. AGRARIAN MOVEMENTS BETWEEN +486 AND 367</a><br /> + +<a href="#II6a">(a) Extension of Territory by conquest up to the +year 367 B.C.</a><br /> + +<a href="#II6b">(b) Colonies Founded between 454 and 367</a><br /> +<br /> + Sec. <a href="#II7">7. LEX LICINIA</a><br /> +Sec. <a href="#II8">8. AGRARIAN MOVEMENTS BETWEEN +367 AN 133</a><br /> + +<a href="#II8a">(a) Extension of Territory by conquest between 367 +and 133</a><br /> + +<a href="#II8b">(b) Colonies Founded between 367 and 133</a><br /> +<br /> + Sec. <a href="#II9">9. LATIFUNDIA</a><br /> +Sec. <a href="#II10">10. INFLUENCE OF SLAVERY</a><br /> +Sec. <a href="#II11">11. LEX SEMPRONIA TIBERIANA</a><br /> +Sec. <a href="#II12">12. LEX SEMPRONIA GAIANA</a></p> + +<br /> +<p class="indent1"><a href="#III">CHAPTER III.</a></p> + +<p class="indent2">Sec. <a href="#III13">13. LEX +THORIA</a><br /> +Sec. <a href="#III14">14. AGRARIAN MOVEMENTS BETWEEN 111 AND +86</a><br /> +Sec. <a href="#III15">15. EFFECT OF THE SULLAN +REVOLUTION</a><br /> +Sec. <a href="#III16">16. AGRARIAN MOVEMENTS BETWEEN 86 AND +59</a><br /> +Sec. <a href="#III17">17. LEX JULIA AGRARIA</a><br /> +Sec. <a href="#III18">18. DISTRIBUTION OF LAND AFTER THE +CIVIL WAR</a><br /> + +BETWEEN CÆSAR AND POMPEY<br /> +Sec. <a href="#III19">19. DISTRIBUTIONS FROM THE DEATH OF +CÆSAR</a><br /> + +TO THE TIME OF AUGUSTUS<br /> + +<a href="#III19a">(a) Lex Agraria of Lucius Antonius</a><br /> + +<a href="#III19a">(b) Lex de Colonis in Agros Deducendis</a><br /> + +<a href="#III19c">(c) Second Triumvirate</a></p> + +<br /> +<p class="indent1"><a href="#CA">Compiler's Appendix</a></p> + +<p class="indent2">Images of the original, accented, Greek +quotations</p> + +<br /> +<hr /> +<br /> +<br /> +<br /> + + +<h2>PUBLIC LANDS AND AGRARIAN LAWS<br /> +OF THE ROMAN REPUBLIC.</h2> + +<br /> +<hr class="short" /> +<br /> +<br /> +<br /> +<br /> + + +<h3>CHAPTER <a name="I">I.</a></h3> + +<h4>SEC. <a name="I1">1.</a>—LANDED PROPERTY.</h4> + +<br /> +<p>The Romans were a people that originally gave their almost +exclusive attention to agriculture and stock-raising. The surnames +of the most illustrious families, as Piso (miller), Porcius +(swine-raiser), Lactucinius (lettuce-raiser), Stolo (a shoot), +etc., prove this. To say that a man was a good farmer was, at one +time, to bestow upon him the highest praise.<span class= +"note">[1]</span> This character, joined to the spirit of order and +private avarice which in a marked degree distinguished the Romans, +has contributed to the development among them of a civil law which +is perhaps the most remarkable monument which antiquity has left +us. This civil code has become the basis of the law of European +peoples, and recommends the civilization of Rome to the veneration +of mankind.</p> + +<p>The corner-stone of this legislation was the constitution of the +law of property.<span class="note">[2]</span> This property applies +itself to everything in the law of Rome, to land, to persons and to +obligations.</p> + +<p><i>Urbs</i>, the name of the village, takes its origin, +according to an etymology given by Varro,<span class= +"note">[3]</span> from the furrow which the plow traced about the +habitations of the earliest dwellers. But what is of more interest +to us is that the legal signification of <i>Urbs</i> and +<i>Roma</i> was different. The former was the village comprised +within the sacred enclosure; the latter was the total agglomeration +of habitations which composed the village, properly<span class= +"note">[4]</span> so called, and the outskirts, or suburbs. The +powers of certain magistrates ceased with the sacred limits of the +<i>Urbs</i>, while the privileges accorded to a citizen of Rome +extended to the village and the suburbs and finally embraced the +entire Roman world.</p> + +<p>The most ancient documents which have reached us from the +history of India and Egypt reveal that they had landed property +fully established, while Roman annals reveal to us the very +creation of this institution. Whatever modern criticism may deduce, +Dionysius, Plutarch, Livy, and Cicero agree in representing the +first king of Rome as merely establishing public property in Roman +soil. This national property, the people possessed in common and +not individually. Such appears to us to be the quiritarian property +<i>par excellence</i><span class="note">[5]</span> and its +primitive form was a variety of public community<span class= +"note">[6]</span> of which individual property was but a later +solemn emancipation. To this historic theory attaches the true +notion of quiritarian land of which we will speak in greater detail +hereafter.</p> + +<p>As regards the organization and constitution of individual and +private property, the traditions themselves attribute this to the +second king of Rome, the real founder of Roman society, who divided +the territory among the citizens, marking off the limits of +individual shares and placing them under the protection of +religion. In this way a religious charter was granted to the +institutions of private property. Thus a primitive division of +territory appears to have been the basis of these varied +traditions, but the precise form of this division eludes us.</p> + +<p>The Roman territory was confined for many ages to a surface of +very limited extent, which properly bore the name of <i>Ager +Romanus</i>. This name with signification slightly changed appeared +to be still in use in the time of the empire, and even at the +present day a portion of the Roman territory which very nearly +corresponds to the ancient territory of the imperial period is +called <i>Agro Romano.</i><span class="note">[7]</span> That which +was properly called <i>Ager Romanus</i> at first only occupied the +surface of a slightly expanded arc whose chord was the river +Tiber.<span class="note">[8]</span> Primitive Rome did not extend +beyond the Tiber into Etruria, and toward Latium her possessions +did not extend beyond the limits of some five or six miles +reckoning from the Palatine. Toward the east the towns of Antemnae, +Fidenae, Caenina, Collatia and Gabia lay in the immediate +neighborhood, thus limiting the extension of the city in that +direction within a radius of five or six miles;<span class= +"note">[9]</span> and northward the Anio<span class= +"note">[10]</span> formed the limit. To the southwest as you +approach Lavinium, the sixth milestone marked the boundary of Rome. +Thus with the possible exception of a small strip of land extending +upon either bank of the Tiber to its mouth, and embracing the old +site<span class="note">[11]</span> of Ostia, have we marked out all +of ancient Rome. Strabo<span class="note">[12]</span> says it could +be gone round in a single day. And according to this same author it +was within these limits that the annual auspices<span class= +"note">[13]</span> could be taken.</p> + +<p>Both city and land increased with time. Property seemed to have +been added and lost successively during the reign of the +kings.<span class="note">[14]</span> The last increase of the +<i>Ager Romanus</i> was due to the labors of Servius Tullius, and +it was in the reign of this king that it reached its greatest +limit. Dionysius<span class="note">[15]</span> says: "As soon as he +(Servius) was invested with the government, he divided the public +lands among such of the Romans as having no lands of their own, +cultivated those of others.... He added two hills to the city, that +called the Viminal and the Esquiline hill, each of which forms a +considerable city; these he divided among such Romans as had no +houses, to the intent that they might build them.... This king was +the last who enlarged the circumference of the city by the addition +of these two hills to the other five, having first consulted the +auspices as the law decided, and performed the other religious +rites. Further than this the city has not since then been +extended." Without doubt these possessions received great additions +in later times,<span class="note">[16]</span> but they were not +incorporated in the <i>Ager Romanus</i> as the preceding had been. +The subjugated territories kept their ancient names while their +lands were made the object of distributions to the people, of +public sales to the citizens who also extended their possessions +outside of Roman<span class="note">[17]</span> territory, or else +the new conquests were abandoned to municipia, given up to +colonies, or became a part of that which was called <i>Ager +Publicus</i>. In fine, it was a fundamental principle of the public +law of Rome that the lands and the persons of the people conquered +belonged to the conqueror, the Roman people, who either in person +or by their delegates disposed of them as it seemed best. Among the +ancients war always decided concerning both liberty and +property.</p> + +<p>The result of all these facts was that the Roman territory was +made the object of a division or a primitive distribution either +among the three races of the first population, or a little later +among the citizens or inhabitants. This very same principle has +been frequently observed in recent times in regard to +confiscated<span class="note">[18]</span> territories and conquered +peoples.</p> + +<p>Now what was the allotment of the first distribution of +land?</p> + +<p>Upon this topic the ancient authorities are blind and confusing +to such an extent as to be wholly inadequate for the solution of +the difficulty. Among the more recent authorities, two opposing +systems have been sustained, the one represented by Montesquieu, +and the other by Niebuhr.</p> + +<blockquote>(1) According to Montesquieu, the kings of Rome divided +the land into perfectly equal lots for all the citizens and the +title of the law of the Twelve Tables relative to successions was +for no other object than to establish this ancient equality of the +division of lands.<span class="note">[19]</span><br /> +<br /> +(2) Niebuhr,<span class="note">[20]</span> on the contrary, claimed +that territorial property was primitively the attribute of the +patriciate and everyone who was not a member of this noble race was +incapable of possessing any part of the territory. From this theory +the author deduced numerous consequences which are important both +to law and history.</blockquote> + +<p>Neither of these systems is free from errors. Montesquieu seems +to have made no difference between patrician and plebeian in using +the term <i>citizen</i>, while it is no longer disputed that the +plebeian was not a burgess and consequently had no civic rights +save those granted to him by the ruling class. His idea of goods +must have, at least, become chimerical at a very early date, as +this equality was so little suspected by the ancients that +Plutarch,<span class="note">[21]</span> after having spoken of the +efforts of Lycurgus to overturn the inequality of wealth among the +Spartans, accuses Numa of having neglected a necessity so +important. It is moreover difficult to see how Montesquieu could +think that testamentary disposition tended to maintain equality +when the privilege was accorded to every citizen of disposing of +his entire patrimony by will even to the prejudice of his +children.<span class="note">[22]</span> Again, the law of debts was +hardly favorable<span class="note">[23]</span> to equality.</p> + +<p>Niebuhr clearly<span class="note">[24]</span> denied the +existence of the plebs until Ancus incorporated the Latins and +bestowed upon them peculiar privileges thus forming a new and third +class distinct from both patricians and clients. Had Niebuhr +succeeded in establishing this view, the right to landed property +would appear to be wholly vested in the patricians, for a client, +from the very nature of his position, could hold nothing +independent of his master. But this theory has fallen to the ground +and no writer of the present day pretends to uphold it. The +plebeians existed from the very first and some of them held land in +full private ownership very little different from the quiritarian +ownership of the patricians. Cicero, who in his Republic<span +class="note">[25]</span> has occupied himself with the ancient +constitution of Rome and has spoken in detail of the division of +the lands, always speaks of the distribution among the citizens +without regard to quality of patrician or plebeian, <i>divisit +viritim civibus</i>. He has nowhere written that territorial riches +were the exclusive appanage of the patriciate. It must be +confessed, however, that it is doubtful whether he intended to +embrace the plebeians in his <i>civibus</i>. For more than two +centuries before the time of Cicero the plebeians had enjoyed the +full rights of Roman citizenship, but for more than that length of +time property had been concentrated in the hands of the +aristocracy. This result was the consequence of the Roman +constitution<span class="note">[26]</span> and the establishment of +a populous city in the midst of a narrow surrounding country. Roman +policy had never been conducive to this concentration, and it will +hereafter appear that the nobility who had the chief direction and +administration of public affairs had little by little usurped the +property which formed the domain of the state, <i>i.e. Ager +Publicus</i>, and swallowed up the revenues due the treasury.</p> + +<ul class="none"> +<li>[Footnote 1: Cato, <i>De Re Rustica</i>, I, lines 3-8. "Majores +nostri ... virum bonum cum laudabant, ita laudabant, bonum +agricolam bonumque colonum. Amplissime laudari existimabatur, qui +ita laudabatur."]</li> + +<li>[Footnote 2: Muirhead, <i>Roman Law</i>, 36 <i>et +seq</i>.]</li> + +<li>[Footnote 3: Varro, <i>De Lingua Latina</i>, V, 143.]</li> + +<li>[Footnote 4: Frag, to Digest, 287 and 147 of Title 16, Bk. 50 +with notes of Schultung and Small.]</li> + +<li>[Footnote 5: Plutarch's <i>Romulus</i>, § 19.]</li> + +<li>[Footnote 6: Mommsen, <i>History of Rome</i>, l, 194.]</li> + +<li>[Footnote 7: Sismondi, <i>Etudes sur l'econ. polit</i>., 1, 2, +§ 1.]</li> + +<li>[Footnote 8: Pseudo Fabius Pictor, Bk. I, p. 54; Plut., +<i>Numa</i>, 16; Festus V° Pectustum Palati, p. 198 and 566, +Lindemann.]</li> + +<li>[Footnote 9: Arnold, <i>Roman History</i>, I, ch. 3, par. +4.]</li> + +<li>[Footnote 10: Mommsen, I, 75.]</li> + +<li>[Footnote 11: Strabo, Bk. 5, 253.]</li> + +<li>[Footnote 12: Strabo, Bk. 5, ch. 3, § 2.]</li> + +<li>[Footnote 13: Arnold, I, ch. 3.]</li> + +<li>[Footnote 14: Dionysius, II, 55; V, 33, 36; III, 49-50; Livy, +I, 23-36.]</li> + +<li>[Footnote 15: Dionysius, IV, 13.]</li> + +<li>[Footnote 16: Varro, <i>De Lingua Latina</i>, V, 33.]</li> + +<li>[Footnote 17: Sigonius, <i>De Antiq. Juris Civ. Rom</i>., Bk. +I, ch. 2.]</li> + +<li>[Footnote 18: Hume's <i>Hist, of Eng</i>., I, ch. 4: IV, ch. +61.]</li> + +<li>[Footnote 19: <i>Esprit des lois</i>, Liv. 27, c. 1.]</li> + +<li>[Footnote 20: <i>Roman Hist</i>., II, 164; III, 175 and +211.]</li> + +<li>[Footnote 21: Lycurgus and Numa, II; Cicero, <i>De Repub</i>., +II, 9.]</li> + +<li>[Footnote 22: Muirhead, <i>Roman Law</i>, 46 and +note—"uti legasset suae rei ita jus esto."]</li> + +<li>[Footnote 23: Muirhead, 92-96.]</li> + +<li>[Footnote 24: Niebuhr, I.]</li> + +<li>[Footnote 25: Momm., I, 126; Ihne, I; Nitzsch, <i>Geschichte +der römischen Republik</i>, 52; Lange, <i>Römische +Geschichte</i>, I, 18.]</li> + +<li>[Footnote 26: Dureau de la Malle, <i>Mém. sur les pop. +de l'Italie, 500 et seq</i>.]</li> +</ul> + +<br /> +<br /> +<br /> + + +<h4>SEC. <a name="I2">2.</a>—QUIRITARIAN OWNERSHIP.</h4> + +<br /> +<p>Citizenship was the first requisite to the right of property in +Roman territory. This rule, although invariable and inherent in the +Roman state, bent under the influence of international politics or +the philosophy of law, yet its severity affords us a notable +characteristic of the law of ancient Rome. Cicero and Gaius have +preserved to us an important monument of this law in a fragment of +the Twelve Tables which proclaims the solemn principle, <i>adversus +hostem aeterna auctoritas esto.<span class="note">[1]</span> +Hostis</i> in the old Latin language was synonymous with stranger, +<i>perigrinus</i><span class="note">[2]</span> This Roman name was +moreover applied to a person who had forfeited the protection of +the law by reason of a criminal condemnation, and who was therefore +designated <i>peregrinus</i>.<span class="note">[3]</span></p> + +<p><i>Auctoritas</i> also had in old Latin a different +signification from what it has in later Latin. It expressed the +idea of the right to claim and defend in equity. It was very nearly +equivalent to the right of property.<span class="note">[4]</span> +The sense of the Roman law was, then, that the <i>peregrinus</i> +could not bar or proceed against a Roman, a disposition somewhat +similar to the old law of England.<span class="note">[5]</span> And +as it was necessary to be a citizen in order to acquire by the +civil and solemn means which dominated the law of property in Rome, +it followed that the <i>peregrini</i> were excluded from all right +to property in land by these laws. This exclusive legislation for a +long time governed Europe and did not disappear even from the Code +Napoleon of 1819.<span class="note">[6]</span></p> + +<p>We have a forcible example of the severity of the old Roman law +in this regard in the text of Gaius,—<i>Aut enim ex jure +quiritium unusquisque dominus erat, aut non intelligebatur +dominus.</i><span class="note">[7]</span></p> + +<p><i>Dominium</i> was therefore inseparable from <i>Jus +Quiritium,</i> the law of the Roman city, the <i>optimum jus civium +Romanorum</i>. The <i>peregrinus</i> was excluded from landed +property both Roman and private; he could neither inherit nor +transmit; claim nor defend in equity. Moreover the name +<i>peregrinus</i> was not confined to the stranger proper but was +also bestowed upon subjects of Rome<span class="note">[8]</span> +who, being deprived of their property and also of political liberty +by right of conquest, had not received the right of citizenship +which was for a long time confined within very narrow limits. It +would thus appear conclusive from the law quoted that the client +and plebeian could not at first hold land <i>optimo ex jure +quiritium</i>.</p> + +<p>Thus the tenure of the patricians was threefold: First, they had +full property in the land; second, they had a seigniorial right, +<i>jus in re</i>, in the land of their clients and the plebeians +whose property belonged to the <i>populus, i.e</i>. the generality +of the patricians; in the third place, in their own hands, they +held lands which were portions of the domain and which were held by +a very precarious tenure called <i>possessio</i>.</p> + +<p>According to Ihne, all lands in Rome were held by the above +mentioned tenure until the enactment of the Icilian law <i>de +Aventino publicando</i> which involved a change of tenure by +converting the former dependent and incumbered tenure of the +plebeians into full property.</p> + +<ul class="none"> +<li>[Footnote 1: De Officiis, I, 12; Gaius, Frag., 234: Digest, 50, +16.]</li> + +<li>[Footnote 2: Varro, De L.L.V. 14; Plautus, <i>Trinummus</i>, +Act I, Scene 2, V. 75; Harper's <i>Latin Dictionary</i>; Cicero, +<i>De Off</i>., I, 12: "Hostis enim apud majores nostros is +dicibatur, quem nunc peregrinum dicimus."]</li> + +<li>[Footnote 3: Cic., <i>loc. cit</i>.; Gaius, Frag., 234.]</li> + +<li>[Footnote 4: Forcellini, <i>Lexic</i>.; Harper's <i>Latin +Lex</i>.]</li> + +<li>[Footnote 5: <i>i.e</i>. The descendents of a person escheated +could bring no action for the recovery of the property.]</li> + +<li>[Footnote 6: Giraud, <i>Recherches sur le Droit de +Propriété</i>, p. 210.]</li> + +<li>[Footnote 7: Gaius, Bk. II, 40.]</li> + +<li>[Footnote 8: Ulpian, Frag., Title XIX, 4; Giraud, 216.]</li> +</ul> + +<br /> +<br /> +<br /> + + +<h4>SEC. <a name="I3">3.</a>—AGER PUBLICUS.</h4> + +<p>In her early history Rome was continually making fresh +conquests, and in this way adding to her territory.<span class= +"note">[1]</span> She steadfastly pursued a course of destruction +to her neighbors in order that she might thereby grow rich and +powerful. In this way large tracts of territory became Roman land, +the property of the state or <i>Ager Publicus.</i><span class= +"note">[2]</span></p> + +<p>This public land extended in proportion to the success of the +Roman arms, since the confiscation of the territory of the +vanquished was, in the absence of more favorable terms, a part of +the law of war. All conquered lands before being granted or sold to +private individuals were <i>Ager Publicus</i><span class= +"note">[3]</span> a term which with few exceptions came to embrace +the whole Roman world.</p> + +<p>This <i>Ager Publieus</i> was farther increased by towns<span +class="note">[4]</span> voluntarily surrendering themselves to Rome +without awaiting the iron hand of war. These were commonly mulcted +of one-third of their land.<span class="note">[5]</span> "The soil +of the country is not the product of labor any more than is water +or air. Individual citizens cannot therefore lay any claim to +lawful property in land as to anything<span class="note">[6]</span> +produced by their own hands." The state in this case, as the +representative of the rights and interests of society, decides how +the land shall be divided among the members of the community, and +the rules laid down by the state to regulate this matter are of the +first and highest importance in determining the civil condition of +the country and the prosperity of the people. Whenever but one +class among the people is privileged to have property in land a +most exclusive oligarchy is formed.<span class="note">[7]</span> +When the land is held in small portions by a great number and +nobody is legally or practically excluded from acquiring land, +there we find provided the elements of democracy.</p> + +<p>According to the strictest right of conquest in antiquity the +defeated lost not only their personal freedom, their moveable and +landed<span class="note">[8]</span> property, but even life itself. +All was at the mercy of the conquerors. In practice a modification +of this right took place and in Rome extreme severity was applied +only in extreme cases, generally as a punishment for treason.<span +class="note">[9]</span></p> + +<p>This magnanimity was not rare and it even went so far as to +restore the whole of the territory to the people subdued.<span +class="note">[10]</span> But let us not suppose that this humanity +toward a conquered people sprang from any pity inspired by their +forlorn condition. It was due merely to the interest of the +conquerors themselves. The conquered lands must still be cultivated +and the depleted population restored. For this reason the conquered +had generally not only life and freedom left them but also the +means of livelihood, <i>i.e</i>. some portion of their land. This +portion they held subject to no restrictions or services save those +levied upon quiritarian property. It was private property to the +full legal extent of the expression, thus being in the unlimited +disposition of the individual.<span class="note">[11]</span> These +people formed the nucleus of the plebeians, the freemen who were +members of the Roman state<span class="note">[12]</span> without +actually having any political rights.</p> + +<p>The <i>Ager Publicus</i> was the property of the state and as +such could be alienated only by the state.<span class= +"note">[13]</span> This alienation could be accomplished in two +ways:</p> + +<blockquote>(a). By public sale;<br /> +<br /> + (b). By gratuitous distribution.<br /> +<br /> + (a). The public sale was merely an auction to the highest bidder +and in the later days of the monarchy and early part of the +republic, rich plebeians must have become possessed of large tracts +of land in this way; the privilege of acquiring property in land +having been extended to them some time before the Servian +reform.<span class="note">[14]</span><br /> +<br /> + (b). The gratuitous distribution of land was accomplished by means +of Agrarian Laws or royal grant and had for its object the +establishment of colonies for purposes of defence, the rewarding of +veterans or meritorious soldiers,<span class="note">[15]</span> or +in later times, the providing for impoverished plebeians.<br /> +<br /> +</blockquote> + +<p>But even in the earliest times a portion of the domain lands was +excluded from sale or private appropriation,<span class= +"note">[16]</span> in order to serve as a resource for the needs of +the state.</p> + +<p>This was the general usage of ancient republics and this maxim +of reserved lands was recommended<span class="note">[17]</span> by +Aristotle as the first principle of political economy.</p> + +<p>Such reserved <i>ager publicus</i> was leased either in periods +of five years (quinquennial leaseholds) or perpetually, <i>i.e.</i> +, by emphyteutic lease or copyhold. From these lands<span class= +"note">[18]</span> the treasury received an income of from +one-tenth to one-fifth of the annual crops.</p> + +<p>Besides these legal methods mentioned there was another very +common one which was seemingly never established by any law and +therefore existed merely by title of tolerance. I speak of the +indefinite <i>possessio</i> which was nothing but an occupation on +the part of the patricians<span class="note">[19]</span> of the +land belonging to the state and was in nature quite similar to the +so-called "squatting" commonly practiced in some of our western +states and territories. The title to the enjoyment of the public +lands was at first clearly vested in the patricians nor was this +right extended to the plebeians until after they had been admitted +to full citizenship. With regard to the state the +<i>possessor</i><span class="note">[20]</span> was merely a tenant +at will and could be removed whenever desired; but as regarded +other persons he was like the owner of the soil and could alienate +the land which he occupied either for a term of years, or forever, +as if he were the real proprietor.<span class="note">[21]</span> +The public land thus occupied was looked to as a resource upon the +admission of new citizens. They customarily received a small +freehold according to the general notion of antiquity that a +burgess must be a landowner. This land could only be found by a +divison of that which belonged to the public, and a consequent +ejectment of the tenants at will. In the Greek states every large +accession to the number of citizens was followed by a call for a +division of the public lands and, as this division involved the +sacrifice of many existing interests, it was regarded with aversion +by the old burgesses as an act of revolution.</p> + +<p>A great part of the wealth of the Romans consisted in domains of +this kind, and the question will occur to the thoughtful mind how +the government was able to keep the most distinguished part of her +citizens in a legal position so uncertain and alarming. English law +is very different from the Roman in this respect and would decide +in favor of the tenant and against the state. It is fairly possible +that this uncertainty of tenure tended to render the government +more stable and less liable to sudden revolutionary movements, thus +having the same effect upon the Roman government which funded debts +have upon the nations of to-day.</p> + +<ul class="none"> +<li>[Footnote 1: Long, <i>Decline of the Roman Rep</i>., I, ch. +11.]</li> + +<li>[Footnote 2: Muirhead, <i>Roman Law</i>, 92.]</li> + +<li>[Footnote 3: Ortolan, <i>Histoire de la legislation +Romaine</i>, p. 21.]</li> + +<li>[Footnote 4: Mommsen, I, 131; Arnold, I, 157.]</li> + +<li>[Footnote 5: Dionysius, IV, 11, Livy.]</li> + +<li>[Footnote 6: Ihne, I, 175.]</li> + +<li>[Footnote 7: Ihne, I, 175.]</li> + +<li>[Footnote 8: Livy, Bk. I, c. 38, with note by Drachenborch; +Livy, Bk. VII, c. 31.]</li> + +<li>[Footnote 9: Siculus Flaccus, <i>De Conditione Agrorum</i>, 2, +3: "Ut vero Romani omnium gentium potiti sunt, agros alios ex hoste +captos in victorem populum partiti sunt, alios verro agros +vendiderunt, ut Sabinorum ager qui dicitur quaestorius."]</li> + +<li>[Footnote 10: Cicero, in Verrem, II, Bk. 3, § 6.]</li> + +<li>[Footnote 11: Giraud, <i>Droit de propriété chez +les romains</i>, 160.]</li> + +<li>[Footnote 12: Ihne, I, 175.]</li> + +<li>[Footnote 13: Muirhead, 92; Giraud, 165.]</li> + +<li>[Footnote 14: Higin., <i>De Limit. Const. apud Goes. Rei Agr. +Script.</i>, pp. 159-160.]</li> + +<li>[Footnote 15: Giraud, 164.]</li> + +<li>[Footnote 16: Dionysius, II, 7.]</li> + +<li>[Footnote <a href="#3-17">17</a>: Aristotle, <i>Polit.</i>, +Ζ. Κεφ. θ. 7: +Αναγκαιον +τοινυν εις +δυο μερη +διηρησθαι +την χωραν και +την μεν ειναι +κοινην, την +δε των +ιδιωτων.<br /> +(Aristotle, <i>Polit.</i>, Z. Keph. th. 7: Anagkaion toinun eis duo +merae diaeraesthai taen choran kai ton men einai koinaen, taen de +ton idioton.)]</li> + +<li>[Footnote 18: Giraud, 163.]</li> + +<li>[Footnote 19: Festus, p. 209, Lindemann; Cicero, ad Att. II, +15; Philipp. V, 7; De Leg. Agr. I, 2, III, 3; De Off. II, 22; Livy, +II, 61, IV, 51, 53, VI, 4, 15; Suet. Julius Cæsar, 38; +Octavius, 13, 32; Cæsar, De Bell. Civ., I, 17; Orosius, V, +18.]</li> + +<li>[Footnote 20: Aggenus Urbicus, p. 69, ed. Goes.]</li> + +<li>[Footnote 21: Giraud, 185-187; Mommsen, I, 110; Ortolan, 227; +Hunter, <i>Roman Law,</i> 367.]</li> +</ul> + +<br /> +<br /> +<br /> + + +<h4>SEC. <a name="I4">4.</a>—ROMAN COLONIES.</h4> + +<p>Probably in no other way does the Roman government so clearly +reveal its nature and strength as in its method of colonization. No +other nation, ancient or modern, has ever so completely controlled +her colonies as did the Roman. Her civil law, indeed, reflected +itself in both political and international relations. In Greece, as +soon<span class="note">[l]</span> as a boy had attained a certain +age his name was inscribed upon the tribal rolls and henceforth he +was free from the <i>potestas</i> of his father and owed him only +the marks of respect which nature demanded. So too, at a certain +age, the colonies separated themselves from their mother city +without losing their remembrance of a common origin. This was not +so in Rome. The children<span class="note">[2]</span> were always +under the <i>potestas</i> of their parents. By analogy therefore, +the colonies ought to remain subject to their mother city. Greek +colonies went forth into a strange land which had never been +conquered by Hellenic arms or hitherto trod by Grecian foot. +Roman<span class="note">[3]</span> colonies were established by +government upon land which had been previously conquered and which +therefore belonged to the Roman domain. The Greek was fired with an +ambition to obtain wealth and personal distinction, being wholly +free to bend his efforts to personal ends. Not so the Roman. He +sacrificed self for the good of the state. Instead of the +allurements of wealth he received some six jugera of land, free +from taxation it is true, but barely enough to reward the hardest +labor with scanty subsistence. Instead of the hope of personal +distinction, he in most cases sacrificed the most valuable of his +rights, <i>jus suffragii et jus</i><span class="note">[4]</span> +<i>honorum</i> and suffered what was called <i>capitis +diminutio</i>. He devoted himself, together with wife and family, +to a life-long military service. In fact the Romans used +colonization as a means to strengthen their hold upon<span class= +"note">[5]</span> their conquests in Italy and to extend their +dominion from one centre over a large extent of country. Roman +colonies were not commercial. In this respect they differed from +those of the Phoenicians and Greeks. Their object was essentially +military<span class="note">[6]</span> and from this point of view +they differed from the colonies of both the ancients and moderns. +Their object was the establishment of Roman power. The colonists +marched out as a garrison into a conquered town and were exposed to +dangers on all sides. Every colony acted as a fortress to protect +the boundary and keep subjects to their allegiance to Rome. This +establishment was not a matter of individual choice nor was it left +to any freak of chance. A decree of the senate decided when and +where a colony should be sent out, and the people in their +assemblies elected individual members for colonization.</p> + +<p>From another point of view Roman colonies were similar to those +of Greece, since their result was to remove from the centre to +distant places the superabundant population, the dangerous,<span +class="note">[7]</span> unquiet, and turbulent.</p> + +<p>But the difference in the location of the colonies was easy to +distinguish. In general the Phoenicians and the Greeks as well as +modern people founded their colonies in unoccupied localities. Here +they raised up new towns which were located in places favorable to +maritime and commercial relations. The Romans, on the contrary, +avoided establishing colonies in new places. When they had taken +possession of a city, they expelled from it a part of the +inhabitants, whether to transfer them to Rome as at first, or a +little later, when it became necessary to discourage the increase +of Roman population, to more distant places. The population thus +expelled was replaced with Roman and Latin citizens.<span class= +"note">[8]</span> Thus a permanent garrison was located which +assured the submission of the neighboring countries and arrested in +its incipiency every attempt at revolt. In every respect these +colonies remained under surveillance and in a dependence the most +complete and absolute upon the mother city, Rome. Colonies never +became the means of providing for the impoverished and degraded +until the time of Gaius Gracchus. When new territory was conquered, +there went the citizen soldier. Thus these colonies mark the growth +of Roman dominion as the circumscribed rings mark the annual growth +of a tree. These colonies were of two kinds, Latin and Roman.</p> + +<p>1. Latin colonies were those<span class="note">[9]</span> which +were composed of Latini and Hernici, or Romans enjoying the same +rights as these, <i>i.e.</i> possessed of the Latin right rather +than the Roman franchise. They were established inland as road +fortresses and being located in the vicinity of mountain passes or +main thoroughfares acted as a guard to Rome, and held the enemy in +check.</p> + +2. Roman, or Burgess, colonies<span class="note">[10]</span> were +those composed wholly of Roman citizens who kept their political +rights and consequent close union with their native city. In some +cases Latini were given the full franchise and permitted to join +these colonies. In position as well as rights, these colonies were +distinguished from the Latin, being with few exceptions situated +upon the coast and thus acting as guards against foreign invasion. +<br /> +<br /> +<br /> +<br /> +<h3><i>Table of Latin Colonies in Italy</i>.</h3> + +<table summary="Table of Latin Colonies in Italy" border="1" +cellspacing="2" cellpadding="2" width="100%"> +<tr> +<td width="3%" valign="top"> <br /> +<br /> +</td> +<td width="20%" valign="middle">COLONIES.<br /> +</td> +<td width="15%" valign="middle">LOCATION.<br /> +</td> +<td width="5%" valign="middle">B.C.<br /> +</td> +<td width="57%" valign="middle">AUTHORITIES.<br /> +</td> +</tr> + +<tr> +<td width="3%" valign="top"> 1<br /> + 2<br /> + 3<br /> + 4<br /> + 5<br /> + 6<br /> + 7<br /> + 8<br /> + 9<br /> +10<br /> +11<br /> +12<br /> +13<br /> +14<br /> +15<br /> +16<br /> +17<br /> +18<br /> +19<br /> +20<br /> +21<br /> +22<br /> +23<br /> +24<br /> +25<br /> +26<br /> +27<br /> +28<br /> +29<br /> +30<br /> +31<br /> +32<br /> +33<br /> +34<br /> +35<br /> +36<br /> +37<br /> +38<br /> +39<br /> +</td> +<td width="20%" valign="top">Signia.<br /> + Cerceii.<br /> + Suessa Pometia.<br /> +Cora.<br /> + Velitrae.<br /> + Norba.<br /> +Antium.<br /> + Ardea.<br /> + Satricum.<br /> +Sutrum.<br /> +Nepete.<br /> + Setia.<br /> + Cales.<br /> +Fregellae.<br /> +Luceria.<br /> +Suessa.<br /> +Pontiae.<br /> + Saticula.<br /> +Interamna Lirinas.<br /> + Sora.<br /> + Alba.<br /> + Narnia.<br /> + Carseola.<br /> +Venusia.<br /> +Hatria.<br /> +Cosa.<br /> +Paestum.<br /> + Ariminum.<br /> +Beneventum.<br /> +Firmum.<br /> +Aesernia.<br /> +Brundisium.<br /> + Spoletium.<br /> + Cremona.<br /> +Placentia.<br /> +Copia.<br /> +Valentia.<br /> +Bononia.<br /> +Aquileia.<br /> + </td> +<td width="15%" valign="top">Latium.<br /> + "<br /> + "<br /> + "<br /> + "<br /> + "<br /> + "<br /> + "<br /> + "<br /> +Etruria.<br /> + "<br /> + Latium.<br /> + Campania.<br /> + Latium.<br /> +Apulia.<br /> +<br /> + Isle of Latium.<br /> +Samnium.<br /> +Latium.<br /> + "<br /> + "<br /> +Umbria.<br /> +Latium.<br /> +Apulia.<br /> +Picenum.<br /> +Campania.<br /> +Lucania.<br /> +<br /> +Samnium.<br /> +Picenum.<br /> +Samnium.<br /> +Calabria.<br /> +Umbria.<br /> +Gallia Cis.<br /> + " "<br /> +Lucania.<br /> +Bruttii.<br /> +Gallia Cis.<br /> +Gallia Trans.<br /> + </td> +<td width="5%" valign="top"> ?<br /> + ?<br /> + ?<br /> + ?<br /> +494<br /> +492<br /> +467<br /> +442<br /> +385<br /> +383<br /> +383<br /> +382<br /> +334<br /> +328<br /> +314<br /> +313<br /> +313<br /> +313<br /> +312<br /> +303<br /> +303<br /> +299<br /> +298<br /> +291<br /> +289<br /> +273<br /> +273<br /> +268<br /> +268<br /> +264<br /> +263<br /> +244<br /> +241<br /> +218<br /> +218<br /> +193<br /> +192<br /> +189<br /> +181<br /> +</td> +<td width="57%" valign="top">Livy, 1, 56; Dionys., 4, 63.<br /> +Id.<br /> +Livy, 2, 16.<br /> +Livy, 2, 16.<br /> +Livy, 2, 30, 31 ; Dionys., 6, 42, 43.<br /> +Livy, 2, 34; Dionys , 7, 13.<br /> + " 3, +1; " 9, +59.<br /> + " 4, 11; Diodor., +12,34.<br /> + " 6, 14.<br /> + Vell., 1, 14.<br /> + Livy, 6, 21; Vell.<br /> +Vell., 1,14; Livy, 6, 30.<br /> + " 1,14; " 8,16.<br /> + Livy, 8, 22.<br /> + " Epit., 60.<br /> + " 9, 28.<br /> + " 9, 28.<br /> + " 9, 22; Vell., 1, 14; +Festus, p. 340.<br /> + Livy, 9, 28; Vell, 1, 14; Diodor., 19, 105.<br /> + Livy, 10, 1; Vell., 1, 14.<br /> + " 10, +1; " 1, 14.<br /> + " 10, 10.<br /> + " 10, 13.<br /> + Vell., 1, 14; Dionys. Ex., 2335.<br /> + Livy, Epit., 11.<br /> + " " 14; +Vell., 1, 14.<br /> + Id. Id.<br /> + Vell., 1, 14; L. Epit., 15; Eutrop., 2, 16.<br /> + Vell., 1, 14; L. Epit., 15; Eutrop., 2, 16.<br /> + Vell., 1, 14.<br /> + " 1, 14; L. Epit., +16.<br /> + " 1, +14; " 19.<br /> + " 1, +14; " 20.<br /> + 218 Tacitus, <i>Hist</i>., 3,35.<br /> + L. Epit., 20; Polyb., 3, 40; V. 1, 14, 8.<br /> + Livy, 34, 53.<br /> + " 34, 40; 35,40.<br /> + " 37, 57; Vell., 1, +15.<br /> + " 40, 34; +" "<br /> +</td> +</tr> +</table> + +<br /> +<br /> +<br /> +<br /> +<h3><i>Table of Civic Colonies in Italy</i>.</h3> + +<table summary="Table of Civic Colonies in Italy" border="1" +cellspacing="2" cellpadding="2" width="100%"> +<tr> +<td width="3%" valign="top"> <br /> +<br /> +</td> +<td width="20%" valign="middle">COLONIES.<br /> +</td> +<td width="15%" valign="middle">LOCATION.<br /> +</td> +<td width="5%" valign="middle">B.C.<br /> +</td> +<td width="57%" valign="middle">AUTHORITIES.<br /> +</td> +</tr> + +<tr> +<td width="3%" valign="top"> 1<br /> + 2<br /> + 3<br /> + 4<br /> + 5<br /> + 6<br /> + 7<br /> + 8<br /> + 9<br /> +10<br /> +11<br /> +12<br /> +13<br /> +14<br /> +15<br /> +16<br /> +17<br /> +18<br /> +19<br /> +20<br /> +21<br /> +22<br /> +23<br /> +24<br /> +25<br /> +26<br /> +27<br /> +28<br /> +29<br /> +30<br /> +31<br /> +32<br /> +33<br /> +34<br /> +</td> +<td width="20%" valign="top">Ostea.<br /> +Labici.<br /> +Antium.<br /> +Auxur.<br /> +Minturnae.<br /> +Sinuessa.<br /> + Sena Gallica.<br /> +Castrum Novum.<br /> +Aesium.<br /> +Alsium.<br /> +Fregena.<br /> +Pyrgi.<br /> +Puteoli.<br /> +Volturnum.<br /> +Liturnum.<br /> +Salernum.<br /> +Buxentum.<br /> +Sipontum.<br /> +Tempsa.<br /> +Croton.<br /> +Potentia.<br /> +Pisaurum.<br /> +Parma.<br /> +Mutina.<br /> +Saturnia.<br /> +Graviscae.<br /> +Luna.<br /> +Auximum.<br /> +Fabrateria.<br /> +Minervia.<br /> +Neptunia.<br /> +Dertona.<br /> +Eporedia.<br /> +Narbo Martius.<br /> + </td> +<td width="15%" valign="top">Latium.<br /> + "<br /> + "<br /> + "<br /> +Campania.<br /> + "<br /> +Umbria.<br /> +Picenum.<br /> +Umbria.<br /> +Etruria.<br /> + "<br /> + "<br /> +Campania.<br /> + "<br /> + "<br /> + "<br /> + Lucania.<br /> +Apulia.<br /> +Bruttii.<br /> + "<br /> +Picenum.<br /> + Umbria.<br /> +Gallia Cis.<br /> +Gallia Cis.<br /> + Etruria.<br /> + "<br /> + "<br /> +Picenum.<br /> + Latium.<br /> +Bruttii.<br /> +Iapygia.<br /> + Liguria.<br /> +Gallia Trans.<br /> +Gallia Narbo.<br /> + </td> +<td width="5%" valign="top">418<br /> +418<br /> +338<br /> +329<br /> +296<br /> +296<br /> +283<br /> +283<br /> +247<br /> +247<br /> +245<br /> +191<br /> +194<br /> +194<br /> +194<br /> +194<br /> +194<br /> + 194<br /> +194<br /> + 194<br /> + 184<br /> + 184<br /> +183<br /> +183<br /> +183<br /> +181<br /> +180<br /> +157<br /> +124<br /> +122<br /> +122<br /> +100<br /> +100<br /> +118<br /> + </td> +<td width="57%" valign="top">Livy, 1, 33; Dionys., 3, 44; Polyb., +6, 29; Cic. de R.R., 2, 18, 33.<br /> +Livy, 4, 47, 7.<br /> + " 8, 14.<br /> + " 8, 21; 27, 38; Vell. 1, +14.<br /> +Livy, 10, 21.<br /> + " 10, 21; 27, 38.<br /> + " Epit., 11; Vell., 1, 14, +8.<br /> +Livy, Epit., 11; Vell., 1, 14, 8.<br /> +Vell., 1, 14, 8.<br /> + " 1, 14, 8; L. Epit., 19; +L., 36, 3.<br /> +Livy, 36, 3.<br /> + " "<br /> + " 34, 45.<br /> +Id.<br /> +Id.<br /> +Id.<br /> +Livy, 34, 45.<br /> +Id.<br /> +Id.<br /> +Id.<br /> +Livy, 39, 44.<br /> + " " "<br /> + " " 55.<br /> +Livy, 39, 55.<br /> + " " "<br /> + " 40, 39.<br /> + " 41, 13.<br /> +Vell., 1, 15, 3.<br /> + " 1, 15, 4.<br /> + " 1, 15, 4; Appian B.C., 2, +23.<br /> +Id.<br /> +Vell., 1, 15, 5.<br /> + " " "<br /> +Mommsen.<br /> + </td> +</tr> +</table> + +<br /> +<br /> +<br /> +<ul class="none"> +<li>[Footnote 1: Bouchaud, M.A., <i>Dissertation sur les colonies +romaines</i>, pp. 114-222, en Memoires de l'institut Sciences, +Morals et Politique, III.]</li> + +<li>[Footnote 2: Muirhead's Article on <i>Roman Law</i> in Ency. +Brit.; Ihne, I, 235.]</li> + +<li>[Footnote 3: Momm., I, 145.]</li> + +<li>[Footnote 4: Momm., <i>loc. cit</i>.]</li> + +<li>[Footnote <a href="#4-5">5</a>: Brutus (App. B.C., II, 140) +calls the colonists, +φυλακας +των +πεπολεμηκοτων. +(phylakas ton pepolemaekoton)]</li> + +<li>[Footnote 6: Ihne, I, 236.]</li> + +<li>[Footnote 7: Cicero, Ad Att., I,19: "Sentinam urbis exhaurire, +et Italiae solitudinem frequentori posse arbitrabor."]</li> + +<li>[Footnote 8: Momm., I, 145.]</li> + +<li>[Footnote 9: Marquardt u. Momm., IV, 35-51; Momm., <i>History +of Rome</i>, I, 108, 539; Madvigi Opuscula Academica, I, +208-305.]</li> + +<li>[Footnote 10: Marquardt u. Momm., IV, 35-51; Ihne, vols. I-V; +Momm., vols. I-V; Madvigi Opus., <i>loc. cit</i>.]</li> +</ul> + +<br /> +<br /> +<br /> +<br /> +<h3>CHAPTER <a name="II">II.</a></h3> + +<h4>SEC. <a name="II5">5.</a>—LEX CASSIA.</h4> + +<br /> +<p>Every year added to the difference between the patrician and +plebeian, the rich and the poor; a difference which had now grown +so great as to threaten seriously the very existence of the state. +The most sagacious of all the plans which had been proposed to stop +this evil, was that set forth by Spurius Cassius, a noble patrician +now acting as consul for the third<span class="note">[l]</span> +time. In the year 268, he submitted to the burgesses<span class= +"note">[2]</span> a proposal to have the public land surveyed, that +portion belonging to the populus set aside and the remainder +divided among the plebeians or leased for the benefit<span class= +"note">[3]</span> of the public treasury.</p> + +<p>He thus attempted to wrest from the senate the control of the +public land and, with the aid of the Latini and the plebeians, to +put an end to the system of occupation.<span class= +"note">[4]</span> The lands which he proposed to divide were solely +those which the state had acquired through conquest since the +general assignment by king Servius, and which it still +retained.<span class="note">[5]</span> This was the first measure +by which it was proposed to disturb the possessors in their +peaceful occupation of the state lands, and, according to Livy, +such a measure had never been proposed from then to the time in +which he was writing, under Augustus, without exciting the greatest +disturbance.<span class="note">[6]</span> Cassius might well +suppose that his personal distinction and the equity and wisdom of +the measure would carry it through, even amidst the storm of +opposition to which it was subjected. Like many other reformers +equally well meaning, he was mistaken.</p> + +<p>The citizens who occupied this land had grown rich by reason of +its possessions. Some of them received it as an inheritance, and +doubtless looked upon it as their property as much as the <i>Ager +Romanus</i>. These to a man opposed the bill. The patricians arose +en masse. The rich plebeians, the aristocracy of wealth, took part +with them. Even the commons were dissatisfied because Spurius +Cassius proposed in accordance with federal rights and equity to +bestow a portion of the land upon the Latini and Hernici, their +confederates and allies.<span class="note">[7]</span> The bill +proposed by Cassius, together with such provisions as were +necessary, became a law, according to Niebuhr,<span class= +"note">[8]</span> because the tribunes had no power to bring +forward a law of any kind before the plebeian tribes obtained a +voice in the legislature by the enactment of the Publilian law in +472 B.C.; so that when they afterwards made use of the agrarian law +to excite the public passions it must have been one previously +enacted but dishonestly set aside and, in Dionysius' account, this +is the form which the commotion occasioned by it takes.<span class= +"note">[9]</span> Though this is doubtless true, yet the law, by +reason of the combined opposition, became a dead letter and the +people who would have been most benefited by its enforcement joined +with Cassius' enemies at the expiration of his term of office to +condemn him to death. In this way does ignorance commonly reward +its benefactors. This agitation aroused by Cassius, stirred the +Roman Commonwealth, now more than twenty years old, to its very +foundations, but it had no immediate effect upon the <i>ager +publicus</i>. The rich patrician together with the few plebeians +who had wealth enough to farm this land, still held undisputed +possession. The poor plebeian still continued to shed his blood on +the battle field to add to Roman territory, but no foot of it did +he obtain. Wealth centralized. Pauperism increased.</p> + +<ul class="none"> +<li>[Footnote <a href="#5-1">1</a>: Dionysius, VIII, 68; +"Οι δε παρα +τουτων την +υπατειαν +παραλαβοντης +ποπλιος<br /> + Ουεργινιος +και +Σποριος +Κασσιος, το +τριτον τοτε +αποδειχθεις +υποτος, κ. τ. +λ."<br /> + (Dionysius, VIII, 68; "Oi de para touton taen upateian +paralabontaes poplios Ouerginios kai Sporios Kassios, to triton +tote apodeichtheis upotos, k. t. l.")]</li> + +<li>[Footnote 2: Dionysius, VIII, 69; Livy, II, 41, +<i>seq</i>.]</li> + +<li>[Footnote 3: Dionysius, VIII, 81.]</li> + +<li>[Footnote 4: Dionysius, VIII, 69; Mommsen, I, 363.]</li> + +<li>[Footnote 5: Niebuhr, II, 166.]</li> + +<li>[Footnote 6: Livy, II, 41; "Tum primum lex agraria promulgata +est nunquam deinde usque ad hanc memoriam sine maximus motibus +rerum agitata."]</li> + +<li>[Footnote 7: Livy, II, 41; Dionysius, VIII, 69.]</li> + +<li>[Footnote 8: Niebuhr, II.]</li> + +<li>[Footnote <a href="#5-9">9</a>: Dionysius, VIII, 81: +"εκκλησιαι +τε +συνεγεις +υπο των +τοτε +δημαρχων +εγινοντο +και +απαιτησεις +της +υποσχεσεως." +See also VIII, 87, line 25 <i>et seq.</i><br /> +( Dionysius, VIII, 81: "Ekklaesiai te sunegeis hypo ton tote +daemarchon eginonto kai apaitaeseis taes hyposcheseos." See also +VIII, 87, line 25 <i>et seq.</i>)].]</li> +</ul> + +<br /> +<br /> +<br /> + + +<h4>SEC. <a name="II6">6.</a>—AGRARIAN MOVEMENTS BETWEEN 486 +AND 367.</h4> + +<br /> +<p>Modern historians who have written upon the Roman Republic have, +so far as I know, passed immediately from the consideration of the +<i>Lex Cassia</i> to the law of Licinius Stolo. Meanwhile more than +a century had passed away. Cassius died in 485, Licinius Stolo +proposed his law in 376. During this century which had beheld the +organization of the republic and the growth, by tardy processes, of +the great plebeian body many agrarian laws were proposed and +numerous divisions of the public land took place. Both Dionysius +and Livy mention them. The poor success of the proposition of +Cassius and the evil consequences to himself in no way checked the +zeal of the tribunes. Propositions of agrarian laws followed one +another with wonderful rapidity. Livy enumerates these +propositions, but almost wholly without detail and without comments +upon their tendencies or points of difference from one another or +from the law of Cassius. As this law failed of its object by being +disregarded, we may safely conclude that the most of these +propositions were but a reproduction of the law of Cassius.</p> + +<p>In 484, and again in 483, the tribune proposed agrarian laws but +what their nature was, Livy, who records them, does not tell us. +From some vague assertions which he makes we may conclude that the +point of the law was well known, and was but a repetition of that +of Cassius.<span class="note">[1]</span> The consul Caeso Fabius, +in 484, and his brother Marcus in the following year, secured the +opposition of the senate and succeeded in defeating their laws.</p> + +<p>Livy (II, 42,) mentions very briefly a new proposition brought +forward by Spurius Licinius in 482. Here we are able to complete +his account by reference to Dionysius,<span class="note">[2]</span> +who says that, in 483, a tribune named Caius Maenius had proposed +an agrarian law and declared that he would oppose every levy of +troops until the senate should execute the law ordaining the +creation of decemvirs to determine the boundaries of the domain +land and, in fine, forbid the enrolment of citizens. The senate was +able through the consuls, Marcus Fabius and Valerius, the ancient +colleague of Cassius, to invent a means of avoiding this +difficulty. The authority of the tribunes by the old Roman +law,<span class="note">[3]</span> did not reach without the walls +of the city, while that of the consuls was everywhere equal and +only bounded by the limits of the Roman world. They moved their +curule chairs and other insignia of their authority without the +city walls and proceeded with the enrolments. All who refused to +enroll were treated as enemies<span class="note">[4]</span> of the +republic. Those who were proprietors had their property +confiscated, their trees cut down, and their houses burned. Those +who were merely farmers saw themselves bereft of their +farm-implements, their oxen and all things necessary for the +cultivation of the soil. The resistance of the tribunes was +powerless against this systematic oppression on the part of the +patricians; the agrarian<span class="note">[5]</span> law failed +and the enrolment progressed.</p> + +<p>There is some difficulty in determining the facts of the law +proposed by Spurius Licinius<span class="note">[6]</span> of which +Livy speaks. Dionysius calls this tribune, not Licinius but +Σπυριος +Σικιλιος (Spurios +Sikilios). The Latin translation of Dionysius has the name Icilius +and this has been the name adopted by Sigonius and other +historians. Livy tells us that the Icilian family was at all times +hostile to the patricians and mentions many tribunes by this name +who were staunch defenders of the commons. In accepting this +correction, therefore, it is not necessary to confound this Icilius +with the one who proposed the partition of the Aventine among the +plebeians. Icilius, according to both Livy and Dionysius,<span +class="note">[7]</span> made the same demand as the previous +tribunes, <i>i.e.,</i> that the decemvirs should be nominated for +the survey and distribution of the domain lands, according to +previous enactment. He further declared that he would oppose every +decree of the senate either for war or the administration of the +interior until the adoption and execution of his measures. Again +the senate avoided the difficulty and escaped, by a trick, the +execution of the law. Appius Claudius, according to Dionysius,<span +class="note">[8]</span> advised the senate to search within the +tribunate for a remedy against itself, and to bribe a number of the +colleagues of Icilius to oppose his measure. This political perfidy +was adopted by the senate with the desired effect. Icilius +persisted in his proposition and declared he would rather see the +Etruscans masters of Rome than to suffer for a longer time the +usurpation of the domain lands on the part of the possessors.<span +class="note">[9]</span></p> + +<p>This somewhat circumstantial account has revealed to us that at +this time it took a majority of the tribunes to veto an act of +their colleague. At the time of the Gracchi the veto of a single +tribune was sufficient to hinder the passage of a law, and Tiberius +was for a long time thus checked by his colleague, Octavius. Then +the tribunician college consisted of ten members, and it would be +no very difficult thing to detach one of the number either by +corruption or jealousy. But it is evident that, at the time we are +considering, it took a majority of the tribunes to veto an act of a +colleague; moreover, the college consisted of five members. This +latter fact is seen in the statement of Livy,<span class= +"note">[10]</span> when he mentions the opposition which four of +the tribunes offered to their colleague, Pontificius, in 480. In +this same case he attributes to Appius Claudius the conduct which +Dionysius attributed to him in the previous year. But he causes +Appius to state, in his speech favoring the corruption of certain +tribunes, "that the veto of one tribune would be sufficient to +defeat all the others."<span class="note">[11]</span> This is +contrary to the statement of Dionysius<span class= +"note">[12]</span> and would seem improbable, for, if the +opposition of one tribune was sufficient, the patricians would not +have deemed it necessary to purchase four. That would be contrary +to political methods.</p> + +<p>Of the two propositions of the tribunes, Icilius, in 482, and +Pontificius, in 480, the results were the same. The opposition of +their colleagues defeated them. But this persistent opposition +rather than crushing seemed to stir up renewed attacks. We have +seen the tribunes, Menius, Icilius, and Pontificius, successively +fail. The next movement was led by a member of the aristocracy, +Fabius Caeso,<span class="note">[13]</span> consul for the third +time in 477. He undertook to remove from the hands of the tribunes +the terrible arm of agrarian agitation which they wielded +constantly against the patricians, by causing the patricians +themselves to distribute the domain lands equally among the +plebeians, saying: "that those<span class="note">[14]</span> +persons ought to have the lands by whose blood and sweat they had +been gained." His proposition was rejected with scorn by the +patricians, and this attempt at reconciliation failed as all the +attempts of the tribunes had. The war with Vaii which, according to +Livy, now took place hindered for a while any agrarian movements; +but, in 474, the tribunes Gaius Considius and Titus Genucius made a +fruitless attempt at distribution, and, in 472, Dionysius speaks of +a bill brought forward by Cn. Genucius which is probably the same +bill.</p> + +<p>In 468, the two consuls, Valerius and Aemilius, faithfully +supported the tribunes in their demand<span class= +"note">[15]</span> for an agrarian law. The latter seems to have +supported the tribunes because he was angry that the senate had +refused to his father the honor of a triumph; Valerius, because he +wished to conciliate the people for having taken part in the +condemnation of Cassius.</p> + +<p>Dionysius, according to his custom, takes advantage of the +occasion to write several long speeches here, and one of them is +valuable to us. He causes the father of Aemilius to set forth in a +formal speech the true character of the agrarian laws and the right +of the state to again assume the lands which had been taken +possession of. He further says: "that it is a wise policy<span +class="note">[16]</span> to proceed to the division of the lands in +order to diminish the constantly increasing number of the poor, to +insure a far greater number of citizens for the defense of the +country, to encourage marriages, and, in consequence, to increase +the number of children and defenders of the republic." We see in +this speech the real purpose, the germ, of all the ideas which +Licinius Stolo, the Gracchi, and even Cæsar, strove to carry +out. But the Roman aristocracy was too blind to comprehend these +words of wisdom. All these propositions were either defeated or +eluded.</p> + +<p><i>Lex Icilia.</i> In the year 454,<span class= +"note">[17]</span> Lucius Icilius, one of the tribunes for that +year, brought forward a bill that the Aventine hill should be +conveyed to the plebeians as their personal and especial +property.<span class="note">[18]</span> This hill had been the +earliest home of the plebeians, yet they had been surrounded by the +lots and fields of the patricians. That part of the hill which was +still in their possession was now demanded for the plebeians. It +was a small thing for the higher order to yield this much, as the +Aventine stood beyond the Pomoerium,<span class="note">[19]</span> +the hallowed boundary of the city, and, at best, could not have had +an area of more than one-fourth of a square mile, and this chiefly +woodland. The consuls, accordingly, made no hesitation about +presenting the bill to the senate before whom Icilius was admitted +to speak in its behalf. The bill was accepted by the senate and +afterwards confirmed by the Centuries.<span class= +"note">[20]</span> The law provided,—"that all the ground +which has been justly acquired by any persons shall continue in the +possession of the owners, but that such part of it as may have been +usurped by force or fraud by any persons and built upon, shall be +given to the people; those persons being repaid the expenses of +such buildings by the estimation of umpires to be appointed for +that purpose, and that all the rest of the ground belonging to the +public, be divided among the people, they paying no consideration +for the same."<span class="note">[21]</span> When this was done the +plebeians took possession of the hill with solemn ceremonies. This +hill did not furnish homes for all the plebeians, as some have +held; nor, indeed, did they wish to leave their present settlements +in town or country to remove to the Aventine. Plebeians were +already established in almost all parts of the city and held, as +vassals of the patricians, considerable portions of Roman +territory. This little hill could never have furnished<span class= +"note">[22]</span> homes of any sort to the whole plebeian +population. What it did do was to furnish to the plebeians a +trysting place in time of strife with their patrician neighbors, +where they could meet, apart and secure from interruption, to +devise means for resisting the encroachments of the patricians and +to further establish their rights as Roman citizens. Thus a step +toward their complete emancipation was taken. For a moment the +people were soothed and satisfied by their success, but soon they +began to clamor for more complete, more radical, more general laws. +An attempt seems to have been made in 453 to extend the application +of the <i>lex Icilia</i> to the <i>ager publicus,</i><span class= +"note">[23]</span> in general, but nothing came of it. In 440, the +tribune, Petilius, proposed an agrarian law. What its conditions +were Livy has not informed us, but has contented himself with +saying that "Petilius made a useless attempt to bring before the +senate a law for the division of the domain lands."<span class= +"note">[24]</span> The consuls strenuously opposed him and his +effort came to naught.</p> + +<p>In our review of the agrarian agitation we must mention the +forceless and insignificant attempt made by the son of Spurius +Melius, in 434. Again, in 422, we find that other attempts were +made which availed nothing. Yet the tribunes who attempted thus to +gain the good will of the people set forth clearly the object which +they had in view in bringing forward an agrarian bill. Says Livy; +"They held out the hope to the people of a division of the public +land, the establishment of colonies, the levying of a +<i>vectigal</i> upon the possessors, which <i>vectigal</i> was to +be used<span class="note">[25]</span> in paying the soldiers."</p> + +<p>In the year 419, and again in 418, unavailing attempts were made +for the division of lands among the plebeians. Spurius Maecilius +and Spurius Metilius, the tribunes<span class="note">[26]</span>for +the year 412, proposed to give to the people, in equal lots, the +conquered lands. The patricians ridiculed this law, stating that +Rome itself was founded upon conquered soil and did not possess a +single acre of land that had not been taken by force of arms, and +that the people held nothing save that which had been assigned by +the republic. The object, then, of the tribunes was to distribute +the fortunes of the entire state. Such vapid foolishness as this +failed not of the effect which the patricians aimed at. Appius +Claudius counselled the adoption of the excellent means invented by +his grandfather. Six tribunes were bought over by the caresses, +flatteries, and money of the patricians and opposed their vetoes to +their colleagues who were thus compelled to retire.<span class= +"note">[27]</span></p> + +<p>In the following year, 411, Lucius Sextius, in no way +discouraged by the ill success of his predecessors, proposed the +establishment of a colony at Bolae, a town in the country of the +Volscians, which had been recently conquered. The patricians<span +class="note">[28]</span> opposed this by the same method which they +had adopted in the preceding case, the veto by tribunes. Livy +criticises the impolitic opposition of the patricians in these +words: "This was a most seasonable time, after the punishment of +the mutiny, that the division of the territory of Bolae should be +presented as a soother to their minds; by which proceeding they +would have diminished their eagerness for an agrarian law, which +tended to expel the patricians from the public land unjustly +possessed by them. Then this very indignity exasperated their +minds, that the nobility persisted not only in retaining the public +lands, which they got possession of by force, but would not even +grant to the commons the unoccupied land lately taken from the +enemy, and which would, like the rest,<span class= +"note">[29]</span> soon become the prey of the few."</p> + +<p>In 409, Icilius, without doubt a member of that plebeian family +which had furnished so many stout defenders of the liberties of the +people, was elected tribune of the people and brought forward an +agrarian bill, but a plague broke out and hindered any further +action. In 407, the tribune, Menius, introduced an agrarian bill +and declared that he would oppose the levies until the persons who +unjustly held the public domains consented to a division. A war +broke out and agrarian legislation was drowned amid the din of +arms. Some years now elapsed without the mention of any agrarian +laws. The siege of Veii commenced in 406 and lasted for six years, +during which time military law was established, giving occupation +and some sort of satisfaction to the plebeians. In 397, an agrarian +movement was set on foot, but the plebeians were partially +satisfied by being allowed to elect one of their number as +<i>tribunus consularis</i> for the following year, thus obtaining a +little honor but no land. After the conquest of Veii, there was a +movement on the part of the plebeians to remove from Rome and +settle upon the confiscated territory of the Veians; this was only +staid by concessions on the part of the patricians. A decree of the +senate was passed,—"that seven jugera, a man, of Vientian +territory, should be distributed to the commons and not only to the +fathers of families, but also that all persons in their house in +the state of freedom should be considered, and that they might be +willing to rear up children<span class="note">[30]</span> with that +prospect." In 384, six years after the conquest of Rome by the +Gauls, the tribunes of the year proposed a law for the division of +the Pomptine territory (<i>Pomptinus Ager</i>) among the plebeians. +The time was not a favorable one for the agitation of the people, +as they were busy with the reconstruction of their houses laid +waste by the Gauls, and the movement came to nothing. The tribune, +Lucius Licinius, in 383, revived this movement but it was not +successfully carried till the year 379, when the senate, well +disposed towards the commons by reason of the conquest of the +Volscians, decreed the nomination of five commissioners to divide +the Pomptine territory<span class="note">[31]</span> among the +plebs. This was a new victory for the people and must have inspired +them with the hope of one day obtaining in full their rights in the +public domains.</p> + +<p>We have now passed in review the agrarian laws proposed and, in +some cases, enacted between the years 485 and 376, <i>i.e.</i> +between the <i>lex Cassia</i> and the <i>lex Licinia</i>, which the +greater part of the historians have neglected. We have now come to +the propositions of that illustrious plebeian whose laws, whose +character, and whose object have been so diversely appreciated by +all those persons who have studied in any way the constitutional +history of Rome. We wish to enter into a detailed examination of +the <i>lex Licinia</i>, but before so doing have deemed it +expedient to thus pass in review the agrarian agitations. The +result of this work has, we trust, been a better understanding of +the real tendency, the true purpose, of the law which is now to +absorb our attention. It was no innovation, as some writers of the +day assert, but in reality confined itself to the well beaten track +of its predecessors, striving only to make their attainments more +general, more substantial and more complete.</p> + +<br /> +<br /> +<br /> +<ul class="none"> +<li>[Footnote 1: "Solicitati, eo anno, sunt dulcedine agrariae +legis animi plebis,. . . vana lex vanique legis auctores." Livy, +II, 42.]</li> + +<li>[Footnote 2: Dionysius, VIII, 606, 607.]</li> + +<li>[Footnote 3: Livy, <i>loc. cit</i>.: Dionysius, <i>loc. +cit.</i>]</li> + +<li>[Footnote 4: Dionys., VIII, 554.]</li> + +<li>[Footnote 5: Dionys., VIII, 555.]</li> + +<li>[Footnote 6: Val. Max., Fg. of Bk. X: "Spurii, patre incerto +geniti."]</li> + +<li>[Footnote 7: Livy, <i>loc. cit.</i>; Dionys., <i>loc. +cit.</i>]</li> + +<li>[Footnote 8: Dionys., IX, 558; Livy, II, 43.]</li> + +<li>[Footnote <a href="#6-9">9</a>: Dionys., IX, 559-560: +"τους +κατεγοντος +την χωραν την +δεμοσιαν."... +"Και +Σικιλιος +ουδενος +ετι κυριος +ην."<br /> +(Dionys., IX, 559-560: tous kategontos taen choran taen demosian." +. . . "Kai Sikilios oudenos eti kurios aen.")]</li> + +<li>[Footnote 10: Livy, <i>loc. cit.</i>]</li> + +<li>[Footnote 11: Livy, II, 44: "Et unum vel adversus omnes satis +esse ... quatuorque tribunorum adversus unum."]</li> + +<li>[Footnote 12: Dionys., IX, 562.]</li> + +<li>[Footnote 13: Livy, <i>loc. cit.</i>; Dionys., <i>loc. +cit.</i>]</li> + +<li>[Footnote 14: Livy, II, 48: "Captivum agrum plebi, quam maxime +aequaliter darent. Verum esse habere eos quorum sanguine ac sudore +partus sit. Aspernati Patres sunt."]</li> + +<li>[Footnote 15: Livy, II, 61, 63, 64.]</li> + +<li>[Footnote 16: Dionys., IX, 606, 607; Livy, III, 1. The +authorities are somewhat conflicting at this point, and I have +followed the account of Dionysius.]</li> + +<li>[Footnote 17: Schwegler, <i>Römische Geschichte,</i> II, +484; Dionys., X, 31, p. 657, 43.]</li> + +<li>[Footnote 18: Dionys., X, 31, l. 13; Ihne, <i>Hist. of +Rome</i>, I, 191, note; Lange, <i>Röm. Alter.</i>, I, 619. +Also see art. in Smith's <i>Dict. of Antiquities</i>.]</li> + +<li>[Footnote <a href="#6-19">19</a>: <i>I.e.</i> outside of the +<i>'quadrata'</i>' but +<i>εμπεριεχομενος +τη πολεις +(emperiechomenos tae poleis)</i> , Dionys., X, 31, l. 18: +"pontificale pomoerium, qui auspicato olim quidem omnem urbem +ambiebat praeter Aventinum." Paul, ex Fest., p. 248, +Müll.]</li> + +<li>[Footnote 20: Dionys., X, 32.]</li> + +<li>[Footnote 21: Dionys., X, 32.]</li> + +<li>[Footnote 22: Momm., I, 355.]</li> + +<li>[Footnote 23: Dionys., X, 34.]</li> + +<li>[Footnote 24: Livy, IV, 12: Neque ut de agris dividendis plebi +referrent consules ad senatum pervincere potuit.... Ludibrioque +erant minae tribuni.]</li> + +<li>[Footnote 25: "Agri publici dividendi, coloniaramque +deducendarum ostentatae spes, et vectigali possessoribus imposito, +in stipendium militum erogandi aeris." Livy, IV, 36.]</li> + +<li>[Footnote 26: Livy, <i>loc. cit.</i>]</li> + +<li>[Footnote 27: Livy, IV, 48.]</li> + +<li>[Footnote 28: Livy, IV, 49.]</li> + +<li>[Footnote 29: Livy, IV, 51.]</li> + +<li>[Footnote 30: Livy, VI, 5.]</li> + +<li>[Footnote 31: Quinque viros Pomptino agro dividendo. Livy, VI, +21.]</li> +</ul> + +<br /> +<br /> +<br /> +<h4><a name="II6a">(a).</a>—<i>Extension of Territory of +conquest up to the year 367 B.C.</i></h4> + +<br /> +<ul class="none"> +<li class="list"> 1. Coreoli, captured in +442.</li> + +<li class="list"> 2. Bolae, captured in 414.</li> + +<li class="list"> 3. Labicum, captured in +418.</li> + +<li class="list"> 4. Fidenae, captured in 426 and +all the territory confiscated.</li> + +<li class="list"> 5. Veii, captured in 396.<br /> + This was the chief town +of the Etruscans, equal to Rome in size, with a large tributary +country; territory confiscated.</li> +</ul> + +<p>Approximate amount of land added to the Roman domain, 150 square +miles.</p> + +<br /> +<br /> +<br /> +<h4><a name="II6b">(b).</a>—<i>Colonies Founded between 454 +and 367.</i></h4> + +<br /> + + +<h4>CIVIC COLONIES.</h4> + +<table summary="CIVIC COLONIES." border="1" cellspacing="2" +cellpadding="2" width="100%"> +<tr> +<td width="15%" valign="middle"><br /> +COLONIES.<br /> +<br /> +</td> +<td width="15%" valign="middle">PLACE.<br /> +</td> +<td width="15%" valign="middle">DATE B.C.<br /> +</td> +<td width="15%" valign="middle">NO. OF COLONISTS.<br /> +</td> +<td width="13%" valign="middle">NO. OF JUG. TO EACH.<br /> +</td> +<td width="14%" valign="middle">TOTAL NO. OF JUGERA.<br /> +</td> +<td width="13%" valign="middle">ACRES.<br /> +</td> +</tr> + +<tr> +<td width="15%" valign="top"><br /> +Labici.</td> +<td width="15%" valign="top"><br /> +Latium.</td> +<td width="15%" valign="top"><br /> + 418</td> +<td width="15%" valign="top"><br /> + 1,500</td> +<td width="13%" valign="top"><br /> + 2</td> +<td width="14%" valign="top"><br /> + 3,000</td> +<td width="15%" valign="top"><br /> + 1,875</td> +</tr> +</table> + +<br /> +<br /> +<br /> +<br /> +<h4>LATIN COLONIES.</h4> + +<table summary="LATIN COLONIES." border="1" cellspacing="2" +cellpadding="2" width="100%"> +<tr> +<td width="15%" valign="middle">COLONIES.<br /> +<br /> +</td> +<td width="15%" valign="middle">PLACE.<br /> +</td> +<td width="15%" valign="middle">DATE B.C.<br /> +</td> +<td width="15%" valign="middle">NO. OF COLONISTS.<br /> +</td> +<td width="13%" valign="middle">NO. OF JUG. TO EACH.<br /> +</td> +<td width="14%" valign="middle">TOTAL NO. OF JUG.<br /> +</td> +<td width="13%" valign="middle">ACRES.<br /> +</td> +</tr> + +<tr> +<td width="15%" valign="top">Ardea.<br /> +Satricum.<br /> +Sutrium.<br /> +Nepete.<br /> +Setia.<br /> +</td> +<td width="15%" valign="top">Latium.<br /> + "<br /> +Etruria.<br /> + "<br /> +Latium.<br /> +</td> +<td width="15%" valign="top"> 442<br /> + 385<br /> + 383<br /> + 383<br /> + 382<br /> +</td> +<td width="15%" valign="top"> 300<br /> + 300<br /> + 300<br /> + 300<br /> + 300<br /> +</td> +<td width="13%" valign="top"> + 2<br /> + 2<br /> + 2<br /> + 4<br /> + 4<br /> +</td> +<td width="14%" valign="top"> 600<br /> + 600<br /> + 600<br /> + 1,200<br /> + 1,200<br /> +</td> +<td width="13%" valign="top"> 375<br /> + 375<br /> + 375<br /> + 750<br /> + 750<br /> +</td> +</tr> +</table> + +<table summary="Totals" border="1" cellspacing="2" cellpadding="2" +width="100%"> +<tr> +<td width="60%" valign="top"> </td> +<td width="13%" valign="top"> + Total</td> +<td width="14%" valign="top"> 7,200</td> +<td width="13%" valign="top"> 4,500</td> +</tr> +</table> + +<br /> +<br /> +<br /> +<h4><a name="II7">SEC. 7.</a>—LEX LICINIA.</h4> + +<br /> +<p>Party lines were, at the time of the enactment of the Licinian +Law, strongly marked in Rome. One of the tribunes chosen after the +return of the plebeians from Mons Sacer was a Licinius. The first +military tribune with consular power elected from the plebeians was +another Licinius Calvus. The third great man of this distinguished +family was Caius Licinius Calvus Stolo, who, in the prime of life +and popularity, was chosen among the tribunes of the plebs for the +seventh year following the death of Manlius the Patrician. Another +plebeian, Lucius Sextius by name, was chosen tribune at the same +time. If not already, he soon became the tried friend of Licinius. +Sextius was the younger but not the less earnest of the two. Both +belonged to that portion of the plebeians supposed to have been +latterly connected with the liberal patricians. The more +influential and by far the more reputable members of the lower +estate were numbered in this party. Opposed to it were two other +parties of plebeians. One consisted of the few who, rising to +wealth or rank, cast off the bonds uniting them to the lower +estate. They preferred to be upstarts among patricians rather than +leaders among plebeians. As a matter of course, they became the +parasites of the illiberal patricians. To the same body was +attached another plebeian party. This was formed of the inferior +classes belonging to the lower estate. These inferior plebeians +were generally disregarded by the higher classes of their own +estate as well as by the patricians of both the liberal and +illiberal parties. They were the later comers, or the poor and +degraded among all. As such they had no other resource but to +depend on the largesses or the commissions of the most lordly of +the patricians. This division of the plebeians is a point to be +distinctly marked. While there were but two parties, that is the +liberal and the illiberal among the patricians, there were no less +than three among the plebeians. Only one of the three could be +called a plebeian party. That was the party containing the nerve +and sinew of the order, which united only with the liberal +patricians, and with them only on comparatively independent terms. +The other two parties were nothing but servile retainers of the +illiberal patricians.</p> + +<p>It was to the real plebeian party that Licinius belonged, as +also did his colleague Sextius,<span class="note">[1]</span> by +birth. A tradition of no value represented the patrician and the +plebeian as being combined to support the same cause in consequence +of a whim of the wife and daughter through whom they were +connected. Some revolutions, it is true, are the effect of an +instant's passion or an hour's weakness. Nor can they then make use +of subsequent achievements to conceal the caprices or the +excitements in which they originated. But a change, attempted by +Licinius with the help of his father-in-law, his colleague, and a +few friends reached back one hundred years and more (B.C. 486) to +the law of the martyred Cassius, and forward to the end of the +Commonwealth. It opened new honors as well as fresh resources to +the plebeians.</p> + +<p>Probably the tribune was raised to his office because he had +shown the determination to use its powers for the good of his order +and of his country. Licinius and Sextius together brought forward +the three bills bearing the name of Licinius as their author. One, +says the historian, ran concerning debts. It provided that, the +interest already<span class="note">[2]</span> paid being deducted +from the principal, the remainder should be discharged in equal +installments within three years. The statutes against excessive +rates of interest, as well as those against arbitrary measures of +exacting the principal of a debt, had utterly failed. It was plain, +therefore, to any one who thought upon the matter,—in which +effort of thought the power of all reformers begins,—that the +step to prevent the sacrifice of the debtor to the creditor was +still to be taken. Many of the creditors themselves would have +acknowledged that this was desirable. The next bill of the three +related to the public lands. It prohibited any one from occupying +more than five hundred jugera, about 300 acres; at the same time it +reclaimed all above that limit from the present occupiers, with the +object of making suitable apportionments among the people<span +class="note">[3]</span> at large. Two further clauses followed, one +ordering that a certain number of freemen should be employed on +every estate; another forbidding any single citizen<span class= +"note">[4]</span> to send out more than a hundred of the larger, or +five hundred of the smaller cattle to graze upon the public +pastures. These latter details are important, not so much in +relation to the bill itself as to the simultaneous increase of +wealth and slavery which they plainly signify. As the first bill +undertook to prohibit the bondage springing from too much poverty, +so the second aimed at preventing the oppression springing from too +great opulence. A third bill declared the office of military +tribune with consular power to be at an end. In its place the +consulate was restored with full<span class="note">[5]</span> +provision that one of the two consuls should be taken from the +plebeians. The argument produced in favor of this bill appears to +have been the urgent want of the plebeians to possess a greater +share in the government than was vested in their tribunes, aediles, +and quaestors. Otherwise, said Licinius and his colleague, there +will be no security that our debts will be settled or that our +lands will be obtained.<span class="note">[6]</span> It would be +difficult to frame three bills, even in our time, reaching to a +further, or fulfilling a larger reform. "Everything was pointed +against the power of the patricians<span class="note">[7]</span> in +order to provide for the comfort of the plebeians." This to a +certain degree was true. It was chiefly from the patrician that the +bill concerning debts detracted the usurious gains which had been +counted upon. It was chiefly from him that the lands indicated in +the second bill were to be withdrawn. It was altogether from him +that the honors of the consulship were to be derogated. On the +other hand the plebeians, save the few proprietors and creditors +among them, gained by every measure that had been proposed. The +poor man saw himself snatched from bondage and endowed with an +estate. He who was above the reach of debt saw himself in the +highest office of the state. Plebeians with reason exulted. +Licinius evidently designed reuniting the divided members of the +plebeian body. Not one of them, whether rich or poor, but seems +called back by these bills to stand with his own order from that +time on. If this supposition was true, then Licinius was the +greatest leader whom the plebeians ever had up to the time of +Cæsar. But<span class="note">[8]</span> from the first he was +disappointed. The plebeians who most wanted relief cared so little +for having the consulship opened to the richer men of their estate +that they would readily have dropped the bill concerning it, lest a +demand should endanger their own desires. In the same temper the +more eminent men of the order, themselves among the creditors of +the poor and the tenants of the domain, would have quashed the +proceedings of the tribunes respecting the discharge of debt and +the distribution of land, so that they carried the third bill only, +which would make them consuls without disturbing their possessions. +While the plebeians continued severed from one another, the +patricians drew together in resistance to the bills. Licinius stood +forth demanding, at once, all that it had cost his predecessors +their utmost energy to demand, singly and at long intervals, from +the patricians. Nothing was to be done but to unite in overwhelming +him and his supporters. "Great things were those that he claimed +and not to be secured without the greatest contention."<span class= +"note">[9]</span> The very comprehensiveness of his measures proved +the safeguard of Licinius. Had he preferred but one of these +demands, he would have been unhesitatingly opposed by the great +majority of the patricians. On the other hand he would have had +comparatively doubtful support from the plebs. If the interests of +the poorer plebeians alone had been consulted, they would not have +been much more active or able in backing their tribunes, while the +richer men would have gone over in a body to the other side with +the public tenants and the private creditors among the patricians. +Or, supposing the case reversed and the bill relating to the +consulship brought forward alone, the debtors and the homeless +citizens would have given the bill too little help with hands or +hearts to secure its passage as a law. The great encouragement +therefore to Licinius and Sextius must have been their conviction +that they had devised their reform on a sufficiently expanded +scale. As soon as the bills were brought forward every one of their +eight colleagues vetoed their reading. Nothing could be done by the +two tribunes except to be resolute and watch for an opportunity for +retaliation. At the election of the military tribunes during that +year, Licinius and Sextius interposed<span class="note">[10]</span> +their vetoes and prevented a vote being taken. No magistrates could +remain in office after their terms expired, whether there were any +successors elected or not to come after them. The commonwealth +remained without any military tribunes or consuls at its head, +although the vacant places were finally filled by one +<i>interrex</i> after another, appointed by the senate to keep up +the name of government and to hold the elections the moment the +tribunes withdrew their vetoes, or left their office. At the close +of the year Licinius and Sextius were both re-elected but with +colleagues on the side of their antagonists. Some time afterwards +it became necessary to let the other elections proceed. War was +threatening,<span class="note">[11]</span> and in order to go to +the assistance of their allies Licinius and Sextius withdrew their +vetoes and ceased their opposition for a time. Six military +tribunes were chosen, three from the liberal and three from the +illiberal patricians. The liberals doubtless received all the votes +of the plebeians as they had no candidates. They had in all +probability abstained from running for an office, bills for the +abolition of which were held in abeyance. They showed increasing +inclination to sustain Licinius and his colleague, both by +re-electing them year after year and by at length choosing three +other tribunes with them in favor of the bills. The prospects of +the measure were further brightened by the election of Fabius +Ambustus, the father-in-law of Licinius and his zealous supporter, +to the military<span class="note">[12]</span> tribunate. This seems +to have been the seventh year following the proposal of the bills. +This can not be definitely determined, however. During this long +period of struggle, Licinius had learned something. It was +constantly repeated<span class="note">[13]</span> in his hearing +that not a plebeian in the whole estate was fit to take the part in +the auspices and the religious ceremonies incumbent upon the +consuls. The same objections had overborne the exertions of Caius +Canuleius three-quarters of a century before. Licinius saw that the +only way to defeat this argument was by opening to the plebeians +the honorable office of <i>duumvirs</i>, whose duty and privilege +it was<span class="note">[14]</span> to consult the Sibyline books +for the instruction of the people in every season of doubt and +peril. They were, moreover, the presiding officers of the festival +of Apollo, to whose inspirations the holy books of the Sibyl were +ascribed, and were looked up to with honor and respect. This he did +by setting forth an additional bill, proposing the election of +<i>decemvirs</i>.<span class="note">[15]</span> The passage of this +bill would forever put to rest one question at least. Could he be a +decemvir, he could also be a consul. This bill was joined to the +other three which were biding their time. The strife went on. The +opposing tribunes interposed their vetoes. Finally it seems that +all the offices of tribune were filled with partisans of Licinius, +and the bills were likely to pass when Camillus, the dictator, +swelling with wrath against bills, tribes and tribunes,<span class= +"note">[16]</span> came forward into the forum. He commanded the +tribunes to see to it that the tribes cast no more votes. But on +the contrary they ordered the people to continue as they had begun. +Camillus ordered his lictors to break up the assembly and proclaim +that if a man lingered in the forum, the dictator would call out +every man fit for service and march from Rome. The tribunes ordered +resistance and declared that if the dictator did not instantly +recall his lictors and retract his proclamation, they, the +tribunes, would, according to their right, subject him to a fine +five times larger than the highest rate of the census, as soon as +his dictatorship expired. This was no idle threat, and Camillus +retreated so fairly beaten as to abdicate immediately under the +pretense of faulty auspices.<span class="note">[17]</span> The +plebeians adjourned satisfied with their day's victory. But before +they could be again convened some influence was brought to bear +upon them so that when the four bills were presented only the two +concerning land and debts were accepted. This was nothing less than +a fine piece of engineering on the part of the patricians to defeat +the whole movement and could have resulted in nothing less. +Licinius was disappointed but not confounded. With a sneer at the +selfishness as well as the blindness of those who had voted only +for what they themselves most wanted he bade them take heed that +they could not eat if they would not drink.<span class= +"note">[18]</span> He refused to separate the bills. The consent to +their division would have been equivalent to consenting to the +division of the plebeians. His resolution carried the day. The +liberal patricians as well as the plebeians rallied to his support. +A moderate patrician, a relation of Licinius, was appointed +dictator, and a member of the same house was chosen master of the +horse. These events prove that the liberal patricians were in the +majority. Licinius and Sextius were re-elected for the tenth time, +A.C. 366, thus proving that the plebeians had decided to eat and +drink.<span class="note">[19]</span></p> + +<p>The fourth bill, concerning the decemvirs was almost instantly +laid before the tribes and carried through them. It was accepted by +the higher assemblies and thus became a law. It is not evident why +this bill was separated from the others, especially when Licinius +had declared that they should not be separated. Possibly it was to +smooth the way for the other three more weighty ones, especially +the bill concerning the consulship.<span class="note">[20]</span> +There seems to have been an interruption here caused by an invasion +of the Gauls.<span class="note">[21]</span> As soon as this was +over the struggle began again. The tribes assembled. "Will you have +our bills?" asked Licinius and Sextius for the last time. "We +will," was the reply. It was amid more violent conflicts, however, +than had yet arisen that the bills became laws<span class= +"note">[22]</span> at last.</p> + +<p>It takes all the subsequent history of Rome to measure the +consequences of the Revolution achieved by Licinius and Sextius; +but the immediate working of their laws could have been nothing but +a disappointment to their originators and upholders. We can tell +little or nothing about the regard paid to the <i>decemvirs</i>. +The priestly robes must have seemed an unprecedented honor to the +plebeian. For some ten years the law regarding the consulship was +observed, after which time it was occasionally<span class= +"note">[23]</span> violated, but can still be called a success. The +laws<span class="note">[24]</span> of relief, as may be supposed of +all such sumptuary enactments, were violated from the first. No +general recovery of the public land from those occupying more than +five hundred<span class="note">[25]</span> jugera ever took place. +Consequently there was no general division of land among the +lackland class. Conflicting claims and jealousy on the part of the +poor must have done much to embarrass and prevent the execution of +the law. No system of land survey to distinguish between <i>ager +publicus</i> and <i>ager privatus</i> existed. Licinius Stolo +himself was afterwards convicted of violating his own law.<span +class="note">[26]</span> The law respecting debts met with much the +same obstacles. The causes of embarrassment and poverty being much +the same and undisturbed, soon reproduced the effects which no +reduction of interest or installment of principal could effectually +remove. It is not our intention, however, to express any doubt that +the enactments of Licinius, such as they were, might and did +benefit the small farmer and the day laborer.<span class= +"note">[27]</span> Many were benefited. In the period immediately +following the passing of the law, the authorities watched with some +interest and strictness over the observance of its rules and +frequently condemned the possessors of large herds and occupiers of +public domain to heavy fines.<span class="note">[28]</span> But in +the main the rich still grew richer and the poor and mean, poorer +and more contemptible. Such was ever the liberty of the Roman. For +the mean and the poor there was no means of retrieving their +poverty and degradation.</p> + +<p>These laws, then, had little or no effect upon the domain +question or the re-distribution of land. They did not fulfil the +evident expectation of their author in uniting the plebeians into +one political body. This was impossible. What they did do was to +break up and practically abolish the patriciate.<span class= +"note">[29]</span> Henceforth were the Roman people divided into +rich and poor only.</p> + +<ul class="none"> +<li>[Footnote 1: Livy, VI, 34.]</li> + +<li>[Footnote 2: Livy, VI, 35: "unam de aere alieno, ut deduco eo +de capite, quod usuris pernumeratum esset, id, quod superesset, +triennio aequis portionibus persolveretur."]</li> + +<li>[Footnote 3: Livy, VI, 35; Niebuhr, III, p.16; Varro, De R.R., +1: "Nam Stolonis illa lex, quae vetat plus D jugera habere civem +Romanorum." Livy, VI, 35: "alteram de modo agrorum, ne quis plus +quingenta jugera agri posideret." Marquardt u. Momm., <i>Röm. +Alterthümer,</i> IV, S. 102.]</li> + +<li>[Footnote 4: Appian, <i>De Bello Civile</i>, I, 8.]</li> + +<li>[Footnote 5: Livy VI, 35; See Momm., I, 382; Duruy, <i>Hist. +des Romains</i>, II, 78.]</li> + +<li>[Footnote 6: Livy, VI, 37.]</li> + +<li>[Footnote 7: Livy, VI, 35: "creatique tribuni Caius Licinius et +Lucius Sextius promulgavere leges adversus opes patriciorum et pro +commodis plebis."]</li> + +<li>[Footnote 8: Ihne, I, 314.]</li> + +<li>[Footnote 9: Livy, VI, 35: "Cuncta ingentia, et quae sine +certamine obtineri non possent."]</li> + +<li>[Footnote 10: Livy, VI, 35.]</li> + +<li>[Footnote 11: Livy, VI, 36.]</li> + +<li>[Footnote 12: Livy, VI, 36. Fabius quoque tribunis militum, +Stolonis socer, quarum legum auctor fuerat, earum sua.]</li> + +<li>[Footnote 13: Livy, <i>loc. cit.</i>]</li> + +<li>[Footnote 14: Appian, <i>De Bell. Civ.</i>, I, 9.]</li> + +<li>[Footnote 15: Momm., I, 240: "decemviri sacris faciundis." +Lange, <i>loc. cit.</i>]</li> + +<li>[Footnote 16: Livy, VI, 38; Momm., <i>loc. cit.</i>]</li> + +<li>[Footnote 17: Livy, VI, 38; Momm., <i>loc. cit.</i>]</li> + +<li>[Footnote 18: Dion Cassius, Fragment, XXXIII, with Reimer's +note.]</li> + +<li>[Footnote 19: Livy, VI, 42.]</li> + +<li>[Footnote 20: Livy, VI, 42: et comitia consulum adversa +nobilitate habita, quibus Lucius Sextius de plebe primus consul +factus.]</li> + +<li>[Footnote 21: Livy, <i>loc. cit.</i>]</li> + +<li>[Footnote 22: Livy, VI, 42; Ovid, Faustus, I, 641, seq.:<br /> +<br /> + "Furius antiquam populi superator +Hetrusci<br /> + Voverat et voti solverat ante +fidem<br /> + Causa quod a patribus sumtis +secesserat annis<br /> + Vulgus; et ipsa suas Roma +timebat opes."]<br /> +<br /> +</li> + +<li>[Footnote 23: Momm., I, 389.]</li> + +<li>[Footnote 24: Momm., I, 384.]</li> + +<li>[Footnote 25: Arnold, <i>Roman History</i>, II, 35; Ihne, +<i>Essay on the Roman Constitution</i>, p. 72. Ihne, <i>Roman +Hist.</i>, I, 332-334. Long, I, ch. XI. Lange, <i>loc. +cit.</i>]</li> + +<li>[Footnote <a href="#7-26">26</a>: Livy, VII, 16: "Eodem anno +Caius Licinius Stolo a Marco Popillio Laenate sua legi decem +milibus aeris est damnatus, quod mille jugerum agri cum filio +possideret, emancipandoque filium fraudem legi fecisset."<br /> +Appian, <i>Bell. Civ.</i>, 1, 8; "<i>την +γην ες τους +οικειους +επι +υποκρισει +διενεμον</i>"<br /> +(Appian, <i>Bell. Civ.</i>, 1, 8; "<i>taen gaen es tous oikeious +epi upokrisei dienemon.</i>")]</li> + +<li>[Footnote 27: Momm., I, 389.]</li> + +<li>[Footnote 28: Momm., I, 389,390.]</li> + +<li>[Footnote 29: Momm., I, 389, 390.]</li> +</ul> + +<br /> +<br /> +<br /> +<h4><a name="II8">SEC. VIII.</a>—AGRARIAN MOVEMENTS BETWEEN +367 AND 133.</h4> + +<br /> +<p>The first agrarian movement after the enactment of lex Licinia +took place in the year 338, after the battle of Veseris in which +the Latini and their allies were completely conquered. According to +Livy,<span class="note">[1]</span> the several peoples engaged in +this rebellion were mulcted of a part of their land which was +divided among the plebeians. Each plebeian receiving an allotment +in the territory of the Latini had 2 jugera assigned him, while +those in Privernum received 2¾, and those in Falernian +territory received 3 jugera each (p. 252). This distribution of +domain lands seems to have been spontaneous on the part of the +senate. But it led to grave consequences as the Latini, indignant +at their being despoiled of their lands, resorted again to arms. +The plebeians, moreover, were roused to the verge of rebellion by +the consul Aemilius who had been alienated from the patricians by +their refusing him a triumph, and now strove to ingratiate himself +with the commons by making them dissatisfied with their meagre +allotments. The law, however, was carried into execution, and thus +showed that the senate acquiesced in and even initiated laws when +they did not in any way interfere with their possession, but +referred only to territory which had just been conquered.</p> + +<p><i>Agrarian Law of Curius.</i> Beyond the distribution of the +<i>ager publicus</i> which formed the basis of the numerous +colonies of this period and which will be considered in their +proper place, the next agrarian movement was that of Curius +Dentatus. At the close of the third Samnite War the people were in +great distress, as agricultural pursuits had been greatly +interrupted by continued warfare. Now there seemed to be a chance +of remedying this. Large tracts of land had been taken from the +Samnites and Sabines, and it was now at the disposal of the +Roman<span class="note">[2]</span> state for purposes of +colonization and division among the impoverished citizens. In the +year 287,<span class="note">[3]</span> a bill was introduced by +Manius Curius Dentatus, the plebeian consul for this year, and hero +of the third Samnite War. He proposed giving to the citizens +assignments of land in the Sabine country of seven jugera<span +class="note">[4]</span> each. It is certain that this bill met with +great opposition but we have not been informed as to the +causes.<span class="note">[5]</span> It is safe to conclude, +however, that the question was whether assignments of land with +full right of property should be made in districts which the great +land-owners wished to keep open for occupation in order that they +might pasture herds thereon. The senate and the nobility so +bitterly opposed the plan that the plebeians despairing of success, +withdrew to the Janiculum and only on account of threatening war +did they consent to the proposals of Quintus Hortensius.<span +class="note">[6]</span> By this move the <i>lex Hortensia</i><span +class="note">[7]</span> was passed and, doubtless, the <i>agraria +lex</i> was enacted at the same time although nothing definite is +known concerning this point. The people must have been pacified by +some other means than the mere granting of more political power. +Nothing less than a share of the conquered territory would have +satisfied them or induced them to return and again take up the +burden of war.</p> + +<p><i>Lex Flaminia.</i> Fifty four years after the enactment of the +law of Curius Dentatus, in the year 232, the tribune Caius +Flaminius,<span class="note">[8]</span> the man who afterwards was +consul and fell in the bloody battle of lake Trasimenus, brought +forward and carried a law for the distribution of the <i>Gallicus +Ager</i><span class="note">[9]</span> among the plebeians. This +territory<span class="note">[10]</span> had been taken from the +Galli Semnones fifty-one years before and was now occupied as +pasture land by some large Roman families. This territory lay north +of Picenum and extended as far as Ariminum<span class= +"note">[11]</span>(Rimini.) This was an excellent opportunity for +awarding lands to Roman veterans for military service, and thus to +establish a large number of small farms, rather than to leave the +land in the possession of the rich who resided in Rome and, +consequently, formed no frontier protection against the inroads of +barbarians from the north. By alloting the land, the Latin race and +Latin tongue would help to Romanize territory already conquered by +Roman arms. The only thing opposed to this was the possession of +the land by the aristocracy. But they had no legal claim to the +land and could be dispossessed without any indemnification. The +senate opposed this measure to the utmost of their ability and, +after all other means had failed, threatened to send an army +against the tribune if he urged his bill through the tribes. They +further induced his father to make use of his <i>potestas</i> in +restraining his son.<span class="note">[12]</span> When Flaminius +was bringing up the bill for decision he was arrested by his +father. "Come down, I bid thee," said the father. And the son +humbled "by private authority,"<span class="note">[13]</span> +obeyed. It finally became necessary for the plebeians to take their +stand on the formal constitutional law and to cause the <i>agraria +lex</i> to be passed by a vote of the assembly of the tribes +without a previous resolution or subsequent approbation of the +senate.<span class="note">[14]</span> Polybius dates a change for +the worse in the Roman constitution from this time.<span class= +"note">[15]</span> The relief of the plebeians was further promoted +by the foundation<span class="note">[16]</span> of new +colonies.</p> + +<p>In the year 200, after Scipio returned as conqueror of Carthage, +the senate decreed that he should be assigned some lands for his +soldiers, but Livy does not tell us where they were to be assigned; +whether they were to be a part of the ancient <i>ager publicus</i> +or of the territory of Carthage, Sicily, or Campania, <i>i.e.</i> +the new conquests of Rome. He merely says that for each year of +service in Spain or Africa the soldiers were to receive two jugera +each, and that<span class="note">[17]</span> the distributions +should be made by the <i>decenvirs</i>. In spite of the +insufficiency of these details the passage reveals to us two +important facts:</p> + +<p>1. Decemvirs as well as triumvirs were at times appointed to +make distributions of domain lands in accordance with the +provisions of an agrarian law.</p> + +<p>2. It reveals the profound modifications which Roman customs had +passed through. The riches which began at this time to flow into +Rome by reason of the many successful wars revolutionized the +economic conditions of the city. It is not necessary to see only a +proof of corruption in this tendency of all classes to grasp for +riches and to desire luxury and ease. We must also consider that +comfort was more accessible and that the price of everything, +especially of the necessaries of life, had increased. In +consequence of this it was difficult for soldiers to support +themselves with their pay. The presents of a few sesterces given +them as prize money in no way made sufficient recompense for all +the miseries and privations which they had passed through during +their long absence. Grants of land were the only means of +recompensing their military services. This is the first example +that we have found of soldiers being thus rewarded, and it +consequently initiated a custom which became most frequent +especially in the time of the empire. Upon the conquest of Italy +which followed the expedition of Pyrrhus, the Romans found +themselves led into a long series of foreign wars; Sicily furnished +the stepping-stone to Africa; Africa to Spain; all these countries +becoming Roman provinces. As soon as the second Punic war closed, +Hannibal formed an alliance with the king of Macedonia. A war-cloud +rose<span class="note">[18]</span> in the east. The Ætolians +asked aid from Rome, and statesmen could foretell that it would be +impossible for Roman armies not to interfere between Greece and +Macedonia. But these countries had been from ancient times most +intimately connected with the orient, <i>i.e.</i>, Asia, where the +Seleucidae still ruled, so that a war with Greece, which was +inevitable, could not fail to bring on a war with the successors of +Alexander, and, these hostilities once engaged in, who could say +where these accidents of war would cease, or when Roman arms could +be laid aside? In this critical condition it was prudent to attach +the soldiers to the republic by bonds and interests the most +intimate, to make them proprietors and to assure subsistence to +their families during their long absence. These wars did not much +resemble those of the early republic which had for a theatre of war +the country in the immediate vicinity of Rome.</p> + +<p>The senate continued to take the initiative in agrarian +movements. In 172, after the close of the wars against the +Ligurians and Gauls, we again see the senate spontaneously +decreeing a new division of the lands. A part of the territory of +Liguria and Cisalpine Gaul was confiscated and a <i>senatus +consultum</i> ordered a distribution of this land to the commons. +The praetor of the city A. Atilius, was authorized to appoint +<i>decemvirs</i>, whose names Livy gives, to assign ten jugera to +Roman citizens and three jugera to Latin<span class= +"note">[19]</span> allies. Thus the senate, with a newly-born +sagacity, rendered useless the demands of the tribune and +recognized the justice and the utility of the agrarian laws against +which it had so long protested. Indeed, it justified the +propositions of the first author of an agrarian law by admitting to +a share in the conquered lands the Latin allies who had so often +contributed to their growth. This is the last agrarian law which +Livy mentions. The Persian war broke out in this year, and an +account of it fills the remaining books of this author which have +come down to us. However, prior to the proposition of Tiberius +Gracchus, we find in Varro<span class="note">[20]</span> the +mention of a new assignment of land of seven jugera <i>viritim</i>, +made by a tribune named Licinius in the year 144; but the author +has given such a meagre mention of it that we are unable to +determine where these lands were located. If we join to these facts +the cession of public territories to the creditors of the state, in +200, we shall have mentioned all agrarian laws and distributions of +territory which took place before the <i>lex Sempronia +Tiberiana</i> in 133.</p> + +<p><i>Condition of the Country at the time of the Gracchan +Rogations.</i> During the period between 367 and 133 we find no +record of serious disputes between the patricians and commons. +Indeed, the senate usually took the lead in popular measures; lands +were assigned without any demand on the part of the plebeians. We +must not be deceived by this seeming harmony. In the midst of this +apparent calm a radical change was taking place in Roman society. +It is necessary for us to understand this new condition of affairs +in the republic before it will be possible to comprehend the +rogations of the Gracchi.</p> + +<p>One of the greatest dangers to the republic at this time reveals +itself in the claims<span class="note">[21]</span> of the Italians. +These people had poured out their blood for Rome; they had +contributed more than the Romans themselves to the accomplishing of +those rapid conquests which, after the subjugation of Italy, +quickly extended the power of Rome. In what way had they been +rewarded? After the terrible devastations which afflicted Italy in +the Hannibalic war had ceased, the Italian allies found themselves +ruined. Whilst Latium, which contained the principal part of the +old tribes of citizens, had suffered comparatively little, a large +portion of Samnium, Apulia, Campania, and more particularly of +Lucania and Bruttium, was almost depopulated; and the Romans in +punishing the unfaithful "allies" had acted with ruthless +cruelty.<span class="note">[22]</span> When at length peace was +concluded, large districts were uncultivated and uninhabited. This +territory, being either confiscated from the allies for taking part +with Hannibal, or deserted by the colonists, swelled the <i>ager +publicus</i> of Rome, and was either given to veterans<span class= +"note">[23]</span>or occupied by Roman capitalists, thus increasing +the revenues of a few nobles.</p> + +<p>If a nation is in a healthful condition politically and +economically so that the restorative vigor of nature is not impeded +by bad restrictive laws, the devastations of land and losses of +human life are quickly repaired. We might the more especially have +expected this in a climate so genial and on a soil so fertile as +that of Italy. But Roman laws so restricted the right of buying and +selling land that in every Italian community none but members of +that community, or Roman citizens, could<span class= +"note">[24]</span> buy or inherit. This restriction upon free +competition, by giving the advantage to Roman citizens, was in +itself sufficient to ruin the prosperity of every Italian town. +This law operated continually and unobservedly and resulted in +placing,<span class="note">[25]</span> year by year, a still larger +quantity of the soil of Italy in the hands of the Roman +aristocracy. In order to palliate the evils of conquest or at least +to hide their conditions of servitude, the Romans had accorded to a +part of the Italians the title of allies, and to others the +privileges of <i>municipia</i>.<span class="note">[26]</span> These +privileges were combined in a very skillful manner in the interest +of Rome, but this skill did not hinder the people from perceiving +that they depended upon the mere wish of the conquerors and +consequently were not rights, but merely favors to be revoked at +will. The Latini, who had been the first people conquered by Rome +and who had almost always remained faithful, enjoyed under the name +of <i>jus Latii</i> considerable privileges. They held in +great<span class="note">[27]</span> part the civil and political +rights of Roman citizens. They were able by special services +individually to become Roman citizens and thus to obtain the full +<i>jus Romanum</i>. There were other peoples who, although +strangers to Latium, had been admitted, by reason of their +services<span class="note">[28]</span> to Rome, to participate in +the benefits of the <i>jus Latii</i>. The other peoples, admitted +merely to the <i>jus Italicum</i>, did not enjoy any of the civil +or political rights of Roman citizens, nor any of the privileges of +Latin<span class="note">[29]</span> allies; at best they kept some +souvenirs of their departed independence in their interior +administration, but otherwise were considered as subjects of Rome. +And yet it was for the aggrandizement of this city that they shed +their blood upon all the fields of battle which it pleased Rome to +choose; it was for the glory and extension of the Roman power that +they gained these conquests in which they had no share. Some who +had attempted to regain their independence were not even accorded +the humble privileges of the other people of Italy, but were +reduced to the state of prefectures. These were treated as +provinces and governed by prefects or proconsuls sent<span class= +"note">[30]</span> out from Rome. Such were Capua, Bruttium, +Lucania, the greater part of Samnium, and Cisalpine Gaul, which +country, indeed, was not even considered as a part of Italy. Those +who had submitted without resistance to the domination of the +Romans, and had rendered some services to them, had bestowed upon +them the title of <i>municipia</i>.<span class="note">[31]</span> +These <i>municipia</i> governed themselves and were divided into +two classes:</p> + +<p>(1.) <i>Municipia sine suffragio</i>, for example, Caere and +Etruria, had only interior privileges; their inhabitants could not +vote at Rome and, consequently, could not<span class= +"note">[32]</span> participate in the exercise of sovereignty.</p> + +<p>(2.) <i>Municipia cum suffragio</i> had, outside of their +political and civil rights, the important right of voting<span +class="note">[33]</span> at Rome. These citizens of villages had +then, as Cicero said of the citizens of Arpinum, two countries, one +<i>ex natura</i>, the other <i>ex jure</i>. Lastly, there were some +cities in the south of Italy, <i>i.e.</i> in Magna Graecia, that +had received<span class="note">[34]</span> the name of federated +cities. They did not appear to be subject to Rome; their +contingents of men and money were looked upon as voluntary<span +class="note">[35]</span> gifts; but, in reality, they were under +the domination of Rome, and had, at Rome, defenders or patrons +chosen because of their influence with the Roman citizens and +charged with maintaining their interests. Such was the system +adopted by Rome. It would have been easy for a person in the +compass of a few miles to find villages having the <i>jus +Latii</i>, others with simply the <i>jus Italicum</i>, colonies, +prefectures, municipia <i>cum</i> et <i>sine suffragio</i>. The +object of the Romans was evident. They planned to govern. Cities +alike in interests and patriotic motives were separated by this +diversity of rights and the jealousies and hatreds which resulted +from it. Concord, which was necessary to any united and general +insurrection, was rendered impossible between towns, some of which +were objects of envy, others, of pity. Their condition, moreover, +was such that all, even the most fortunate, had something to gain +by showing themselves faithful; and all, even the most wretched, +had something to fear if they did not prove tractable. These +Italians, with all the varied privileges and burdens enumerated +above, far outnumbered the Roman citizens.<span class= +"note">[36]</span> A comparison of the numbers of the census of 115 +and that of 70 shows that the numbers of Italians and Romans +were<span class="note">[37]</span> as three to two. All these +Italians aspired to Roman citizenship, to enjoy the right to vote +to which some of their number had been admitted, and the struggle +which was sometime to end in their complete emancipation had +already commenced. During the first centuries of Roman history, +Rome was divided into two classes, patricians and plebeians. The +plebeians by heroic efforts had broken down the barriers that +separated them from the patricians. The privilege of intermarriage, +the possibility of obtaining the highest offices of the state, the +substitution of the <i>comitia tributa</i> for the other two +assemblies, had not made of Rome "an unbridled democracy," but all +these benefits obtained by tribunician agitation, all the +far-reaching advances gained by force of laws and not of arms, had +constituted at Rome a single people and created a true Roman +nation. There were now at Rome only rich and poor, nobles and +proletariat. With intelligence and ability a plebeian could aspire +to the magistracies and thence to the senate. Why should not the +Italians be allowed the same privilege? It was neither just nor +equitable nor even prudent to exclude them from an equality of +rights and the common exercise of civil<span class= +"note">[38]</span> and political liberty. The Gracchi were the +first to comprehend the changed state of affairs and the result of +Roman conquest and administration in Italy. Their demands in favor +of the Italians were profoundly politic. The Italians would have +demanded, with arms in their hands, that which the Gracchi asked +for them, had not this attempt been made. They failed; Fulvius<span +class="note">[39]</span> Flaccus, Marius,<span class= +"note">[40]</span> and Livius Drusus<span class="note">[41]</span> +failed in the same attempt, being opposed both by the nobility and +the plebs.</p> + +<p>The agrarian laws, as we have seen, had been proposed by the +senate, in the period which we are considering. How was it then +that the Gracchi had been compelled to take the initiative and that +the senate had opposed them? This contradiction is more apparent +than real. It explains itself in great part by the following +considerations. Upon the breaking down of the aristocracy of birth, +the patriciate, the senate was made accessible to the plebeians who +had filled the curule magistracies and were possessed of 800,000 +sesterces. Knights were also eligible to the senate to fill +vacancies, and it was this fact which caused the equestrian order +to be called <i>seminarium senatus</i>. For some time the new +nobles, in order to strengthen their victory and make it permanent, +had formed an alliance with the plebeians. For this reason were +made the concessions and distributions of land which the old +senators were unable to hinder. These concessions were the work of +the plebeians who had been admitted to the senate. But when their +position was assured and it was no longer necessary for them to +make concessions to the commons in order to sustain themselves, +they manifested the same passions that the patricians had shown +before them. Livy has expressed the situation very clearly: "These +noble plebeians had been initiated into the same mysteries, and +despised the people as soon as they themselves ceased to be +despised by the patricians."<span class="note">[42]</span> Thus, +then, the unity and fusion which had been established by the +tribunician laws disappeared and there again existed two peoples, +the rich and the poor.</p> + +<p>If we examine into the elements of these two distinct +populations, separated by the pride of wealth and the misery and +degradation of poverty, we shall understand this. The new nobility +was made up partially of the descendants of the ancient patrician +<i>gentes</i> who had adapted themselves to the modifications and +transformations in society. Of these persons, some had adopted the +ideas of reform; they had flattered the lower classes in order to +obtain power; they profited by their consulships and their +prefectures to increase or at least conserve their fortunes. Others +having business capacity gave themselves up to gathering riches; to +usurious speculations which at this time held chief place among the +Romans. Even Cato was a usurer and recommended usury as a means of +acquiring wealth. Or they engaged in vast speculations in land, +commerce, and slaves, as Crassus did a little later. The first +mentioned class was the least numerous. To those nobles who gave +their attention to money-getting must be added those plebeians who +elevated themselves from the masses by means<span class= +"note">[43]</span> of the curule magistracies. These were insolent +and purse-proud, and greedy to increase their wealth by any means +in their power. Next to these two divisions of the nobility came +those whom the patricians had been wont to despise and to relegate +to the very lowest rank under the name of <i>aerarii</i>; +merchants,<span class="note">[44]</span> manufacturers, bankers, +and farmers of the revenues. These men were powerful by reason of +their union and community of interests, and money which they +commanded. They formed a third order and even became so powerful as +to control the senate and, at times, the whole republic. In the +time of the Punic wars the senate had been obliged to let go +unpunished the crimes committed by the publican Posthumius and the +means which he had employed in order to enrich himself at the +expense of the republic, because it was imprudent to offend<span +class="note">[45]</span> the order of publicans. Thus constituted +an order or guild, they held it in their hands at will to advance +or to withhold the money for carrying on wars or sustaining the +public credit. In this way they were the masters of the state. They +also grasped the public lands, as they were able to command such +wealth that no individual could compete with them. They thus became +the only farmers of the domain lands, and they did not hesitate to +cease paying all tax on these. Who was able to demand these rents +from them? The senate? But they either composed the senate or +controlled it. The magistrates? There was no magistracy but that of +wealth. The tribunes and the people? These they had disarmed by +frequent grants of land of two to seven jugera each, and by the +establishment of numerous colonies. This was beyond doubt the real +reason for their frequent distributions. They had all been made +from land recently conquered. The ancient <i>ager</i> had not been +touched, and little by little the Licinian law had fallen into +disuetude.</p> + +<ul class="none"> +<li>[Footnote 1: Livy, VIII, 11, 12.]</li> + +<li>[Footnote 2: Ihne, I, 447.]</li> + +<li>[Footnote 3: I have followed Ihne and Arnold in giving this +date, but there is reason for placing it later as Valerius Maximus +says, IV, 3,5: "Manius Curius cum Italia Pyrrhum regem exegisset +... decretis a senatu septenis jugeribus agri populo."]</li> + +<li>[Footnote 4: "Manii Curii nota conscio est, perniciosum +intellegi civem cui septem jugera non essent satis." Pliny, +<i>Hist. Nat.,</i> XVIII.; Aurelius Victor, De Viris Illus.: +Septenis "jugeribus viritim dividendis, quibus qui contentus non +esset, eum perniciosum intellegi civem, nota et praeclare concione +Manius Curius dictitabat." The same author speaks of four jugera +being given by Curius, "Quaterna dono agri jugera viritim populo +dividit." Juvenal implies a distribution of two jugera; Sat. XIV, +V, 161-164:<br /> +<br /> + "Mox etiam fructis aetate, ac Punica +passis<br /> + Proelia vel Pyrrhum immanem +glacosque Molossos,<br /> + Tandem pro multis vix jugera +bina dabantur<br /> + Vulneribus Merces ea sanguinis +atque labores."]<br /> +<br /> +</li> + +<li>[Footnote 5: Appian, III, 5: Zonarius, VIII, 2.]</li> + +<li>[Footnote 6: Ihne, I, 447.]</li> + +<li>[Footnote 7: Gellius, XV, 27: "Postea lex Hortensia late, qua +cautum est, ut plebisipa universum populum tenerent." Marquardt u. +Momm., <i>Röm. Alter.,</i> IV, 102.]</li> + +<li>[Footnote 8: Polyb., II, 21, 8.]</li> + +<li>[Footnote 9: Varro, De R.R., I, 2; De L.L., VI, 5.]</li> + +<li>[Footnote 10: Ihne, IV, 26. See Long, I, 157, who disputes this +statement.]</li> + +<li>[Footnote 11: Varro, De R.R., I, 2.; De L.L., VI, 5.]</li> + +<li>[Footnote 12: Val. Max., V, 4, 5.]</li> + +<li>[Footnote 13: 1 Val. Max., V, 4, 5; Cicero, <i>De +Juventute,</i> II, 17.]</li> + +<li>[Footnote 14: Ihne, IV, 26; Cicero, <i>De Senectute,</i> +4.]</li> + +<li>[Footnote 15: Polybius, II, 21.]</li> + +<li>[Footnote 16: Livy, Epit., XX, 19.]</li> + +<li>[Footnote 17: "De agris militum ejus decretum, ut quod quisque +eorum annos in Hispania aut in Africa militasset, in singulos annos +bina jugera acciperet, eum agrum decemviri assignarent." Livy, +XXXI, 19.]</li> + +<li>[Footnote 18: Momm., II, 230-241.]</li> + +<li>[Footnote 19: Livy, XLII, 4: "Eodem anno, quum agri Ligustini +et Gallici, quod bello captum erat, aliquantum vacaret, +senatus-consultum factum ut is ager viritim ex senatus consulto +creavit A. Atilius praetor urbanus.... Diversērunt dena jugera +in singulos, sociis nominis Latini terna."]</li> + +<li>[Footnote 20: Ihne, IV, 370.]</li> + +<li>[Footnote 21: Livy, XXXI, 4, 1; Ihne, IV, 370-372.]</li> + +<li>[Footnote 22: Livy, XXXI, 4, 1; Ihne, IV, 370-372.]</li> + +<li>[Footnote 23: Livy, <i>loc. cit.</i>]</li> + +<li>[Footnote 24: Ihne, IV, 148.]</li> + +<li>[Footnote 25: Ihne, IV, 371.]</li> + +<li>[Footnote 26: Ihne, IV, 354; Momm., III, 277.]</li> + +<li>[Footnote 27: Momm., I, 151-162; Ihne, IV, 179. Marquardt u. +Momm., IV, 26-27, 63.]</li> + +<li>[Footnote 28: Livy, IX, 43, 23; Ihne, IV, 181.]</li> + +<li>[Footnote 29: Ihne, IV, 185-186. Marquardt u. Momm., 46, +60.]</li> + +<li>[Footnote 30: Marquardt u. Momm., IV, 41-43.]</li> + +<li>[Footnote 31: Ibid, IV, 26.]</li> + +<li>[Footnote 32: Marquardt u. Momm., IV, 27-34.]</li> + +<li>[Footnote 33: Ibid.]</li> + +<li>[Footnote 34: Marquardt u. Momm., IV, 44.]</li> + +<li>[Footnote 35: Marquardt u. Momm., IV, 45-46.]</li> + +<li>[Footnote 36: Momm., <i>Röm. Ge.</i>, II, 225.]</li> + +<li>[Footnote 37: Ihne, IV, 370.]</li> + +<li>[Footnote 38: Momm., Lange, Ihne, Long—as given.]</li> + +<li>[Footnote 39: Momm., III, 132.]</li> + +<li>[Footnote 40: Momm., III, 252, 422.]</li> + +<li>[Footnote 41: Momm., III, 281.]</li> + +<li>[Footnote 42: Livy, XXII, 34.]</li> + +<li>[Footnote 43: Ihne, IV, 354-356.]</li> + +<li>[Footnote 44: Ihne, IV, 354-356.]</li> + +<li>[Footnote 45: Livy, XXV, 3: "Patres ordinem publicanorum in +tali tempore offensum nolebant."]</li> +</ul> + +<br /> +<br /> +<br /> +<h4><a name="II8a">(a)</a>—<i>Extension of Territory by +Conquest between 367 and 133</i>.</h4> + +<br /> +<p>1. Caere submitted in 353, yielding all southern Etruria to +Rome.</p> + +<p>2. Volcian territory and all Latium fell to Rome at the close of +the Latin war in 339.</p> + +<p>3. Capua, taken in 337.</p> + +<p>4. Cales, taken in 334. In this struggle all Campania became +Roman territory.</p> + +<p>5. Sabine territory submitted in 290.</p> + +<p>6. Tarentum, captured in 272.</p> + +<p>7. Rhegium, captured in 270.</p> + +<p>8. The Galli Senones were destroyed in 283 and their whole +territory (Umbria) was confiscated.</p> + +<p>9. In 293, Liguria and Transpadana Gallia were added to the +Roman confederation.</p> + +<p>10. In 222, Italy was extended to its natural boundary, the +Alps, by the subjugation of the Gauls north of the Po. Of the +entire territory of Italy, 93,640 square miles, fully one-third +belonged to Rome. Thus, in the 287 years of the Republic, Roman +territory had expanded from 115, to 31,200 square<span class= +"note">[1]</span> miles.</p> + +<p>At the close of the war with Hannibal, Rome further added to her +territory by the confiscation of the greater part of the Gallic +territory, Campania, Samnium, Apulia, Lucania, and Bruttii.</p> + +<br /> +<br /> +<br /> +<h4><a name="II8b">(b)</a>—<i>Colonies Founded between 367 +and 133.</i></h4> + +<br /> + + +<h4>(a). CIVIC COLONIES.</h4> + +<table summary="CIVIC COLONIES." border="1" cellspacing="2" +cellpadding="4" width="100%"> +<tr> +<td width="20%" valign="middle">COLONIES.<br /> +<br /> +</td> +<td width="20%" valign="middle">PLACE.<br /> +</td> +<td width="10%" valign="middle">DATES B.C.<br /> +</td> +<td width="10%" valign="middle">NO. OF C.<br /> +</td> +<td width="10%" valign="middle">SIZE OF ALLOTS.<br /> +</td> +<td width="15%" valign="middle">JUGERA.<br /> +</td> +<td width="15%" valign="middle">ACRES.<br /> +</td> +</tr> + +<tr> +<td width="20%" valign="top">Antiuim.<br /> +Anxur.<br /> +Minturnae.<br /> +Sinuessa.<br /> +Sena Gallica.<br /> +Castrum Novum.<br /> + Aesium.<br /> +Alsium.<br /> +Fregenae.<br /> +Pyrgi.<br /> +Puteoli.<br /> +Volturnum.<br /> +Liternum.<br /> +Buxentum.<br /> +Salernum.<br /> +Sipontum.<br /> +Tempsa.<br /> +Croton.<br /> +Potentia.<br /> +Pisaurum.<br /> +Parma.<br /> +Mutina.<br /> +Saturnia.<br /> +Graviscae.<br /> +Luna.<br /> +Auximum.<br /> +</td> +<td width="20%" valign="top">Latium.<br /> +"<br /> +Campania.<br /> +"<br /> +Umbria.<br /> +Picenum.<br /> +Umbria.<br /> +Etruria.<br /> +"<br /> +"<br /> +Campania.<br /> +"<br /> +"<br /> +Lucania.<br /> +Campania.<br /> +"<br /> +Bruttii.<br /> +"<br /> +Picenum.<br /> +Umbria.<br /> +Gall. Cisalp.<br /> + " "<br /> +Etruria.<br /> +"<br /> +"<br /> +Picenum.<br /> +</td> +<td width="10%" valign="top"> 338<br /> + 329<br /> + 296<br /> + 296<br /> + 283<br /> + 283<br /> + 247<br /> + 247<br /> + 245<br /> + 191<br /> + 194<br /> + 194<br /> + 194<br /> + 194<br /> + 194<br /> + 194<br /> + 194<br /> + 194<br /> + 184<br /> + 184<br /> + 183<br /> + 183<br /> + 183<br /> + 181<br /> + 173<br /> + 157<br /> +</td> +<td width="10%" valign="top"> 300<br /> + 300<br /> + 300<br /> + 300<br /> + 300<br /> + 300<br /> + 300<br /> + 300<br /> + 300<br /> + 300<br /> + 300<br /> + 300<br /> + 300<br /> + 300<br /> + 300<br /> + 300<br /> + 300<br /> + 300<br /> + 300<br /> + 300<br /> +1,000<br /> +1,000<br /> + 300<br /> + 300<br /> + 300<br /> + 300<br /> +</td> +<td width="10%" valign="top"> 2<br /> + 2<br /> + 2<br /> + 2<br /> + 6<br /> + 6<br /> + 6<br /> + 6<br /> + 6<br /> + 6<br /> + 6<br /> + 6<br /> + 6<br /> + 6<br /> + 6<br /> + 6<br /> + 4<br /> + 4<br /> + 6<br /> + 6<br /> + 6<br /> + 6<br /> + 6<br /> + 5<br /> + 6<br /> + 6<br /> +</td> +<td width="15%" valign="top"> 600<br /> + 600<br /> + 600<br /> + 600<br /> + 1,800<br /> + 1,800<br /> + 1,800<br /> + 1,800<br /> + 1,800<br /> + 1,800<br /> + 1,800<br /> + 1,800<br /> + 1,800<br /> + 1,800<br /> + 1,800<br /> + 1,800<br /> + 1,200<br /> + 1,200<br /> + 1,800<br /> + 1,800<br /> + 6,000<br /> + 6,000<br /> + 1,800<br /> + 1,500<br /> + 1,800<br /> + 1,800<br /> +</td> +<td width="15%" valign="top"> 375<br /> + 375<br /> + 375<br /> + 375<br /> + 1,125<br /> + 1,125<br /> + 1,125<br /> + 1,125<br /> + 1,125<br /> + 1,125<br /> + 1,125<br /> + 1,125<br /> + 1,125<br /> + 1,125<br /> + 1,125<br /> + 1,125<br /> + 750<br /> + 750<br /> + 1,125<br /> + 1,125<br /> + 3,750<br /> + 3,750<br /> + 1,125<br /> + 938<br /> + 1,125<br /> + 1,125<br /> +</td> +</tr> +</table> + +<table summary="Totals" border="1" cellspacing="2" cellpadding="4" +width="100%"> +<tr> +<td width="40%" valign="top"> <br /> +<br /> +</td> +<td width="30%" valign="middle">Total..............</td> +<td width="15%" valign="middle">38,900</td> +<td width="15%" valign="middle">30,500</td> +</tr> +</table> + +<br /> +<br /> +<br /> +<br /> +<h4>(b). LATIN COLONIES.</h4> + +<table summary="LATIN COLONIES." border="1" cellspacing="2" +cellpadding="4" width="100%"> +<tr> +<td width="20%" valign="middle">COLONIES.<br /> +<br /> +</td> +<td width="20%" valign="middle">PLACE.<br /> +</td> +<td width="10%" valign="middle">DATES.<br /> +</td> +<td width="10%" valign="middle">NO. OF C.<br /> +</td> +<td width="10%" valign="middle">SIZE OF ALLOTS.<br /> +</td> +<td width="15%" valign="middle">JUGERA.<br /> +</td> +<td width="15%" valign="middle">ACRES.<br /> +</td> +</tr> + +<tr> +<td width="20%" valign="top">Calles.<br /> +Fregellae.<br /> +Luceria.<br /> +Suessa.<br /> +Pontiae.<br /> +Saticula.<br /> +Sora.<br /> +Alba.<br /> +Narnia.<br /> +Carseoli.<br /> +Venusia.<br /> +Hatria.<br /> +Cosa.<br /> +Paestum. Ariminum.<br /> +Beneventum.<br /> +Firmum.<br /> +Aesernia.<br /> +Brundisium.<br /> +Spoletium.<br /> +Cremona.<br /> +Placentia.<br /> +Copiae.<br /> +Bononia.<br /> +Aquileia.<br /> +</td> +<td width="20%" valign="top">Campania.<br /> +Latium.<br /> +Apulia.<br /> +Latium.<br /> +Isle of Latium.<br /> +Samnium.<br /> +Latium.<br /> +"<br /> +Umbria.<br /> +Sabini.<br /> +Apulia.<br /> +Picenum.<br /> +Campania.<br /> +Lucania.<br /> +Agr. Gallicus.<br /> +Samnium.<br /> +Picenum.<br /> +Samnium.<br /> +Calabria.<br /> +Umbria.<br /> +Gaul.<br /> +"<br /> +Lucania.<br /> +Gaul.<br /> +"<br /> +</td> +<td width="10%" valign="top"> 334<br /> + 328<br /> + 314<br /> + 313<br /> + 313<br /> + 313<br /> + 312<br /> + 303<br /> + 299<br /> + 298<br /> + 291<br /> + 289<br /> + 273<br /> + 273<br /> + 268<br /> + 268<br /> + 264<br /> + 263<br /> + 244<br /> + 241<br /> + 218<br /> + 218<br /> + 193<br /> + 192<br /> + 181<br /> +</td> +<td width="10%" valign="top"> 300<br /> + 300<br /> + 300<br /> + 300<br /> + 300<br /> + 300<br /> +4,000<br /> +6,000<br /> + 300<br /> +4,000<br /> + 300<br /> + 300<br /> +1,000<br /> + 300<br /> + 300<br /> + 300<br /> + 300<br /> + 300<br /> + 300<br /> + 300<br /> +6,000<br /> +6,000<br /> + 300<br /> +3,000<br /> +4,500<br /> +</td> +<td width="10%" valign="top"> 4<br /> + 4<br /> + 4<br /> + 4<br /> + 4<br /> + 4<br /> + 4<br /> + 6<br /> + 6<br /> + 6<br /> + 6<br /> + 6<br /> + 6<br /> + 6<br /> + 6<br /> + 6<br /> + 6<br /> + 6<br /> + 6<br /> + 6<br /> + 6<br /> + 6<br /> + 6<br /> + 6<br /> + 6<br /> +</td> +<td width="15%" valign="top"> 1,200<br /> + 1,200<br /> + 1,200<br /> + 1,200<br /> + 1,200<br /> + 1,200<br /> + 16,000<br /> + 36,000<br /> + 1,800<br /> + 24,000<br /> + 1,800<br /> + 1,800<br /> + 6,000<br /> + 1,800<br /> + 1,800<br /> + 1,800<br /> + 1,800<br /> + 1,800<br /> + 1,800<br /> + 1,800<br /> + 36,000<br /> + 36,000<br /> + 1,800<br /> + 18,000<br /> + 27,000<br /> +</td> +<td width="15%" valign="top"> + 750<br /> + 750<br /> + 750<br /> + 750<br /> + 750<br /> + 750<br /> + 10,000<br /> + 22,500<br /> + 1,125<br /> + 15,000<br /> + 1,125<br /> + 1,125<br /> + 3,750<br /> + 1,125<br /> + 1,125<br /> + 1,125<br /> + 1,125<br /> + 1,125<br /> + 1,125<br /> + 1,125<br /> + 22,500<br /> + 22,500<br /> + 1,125<br /> + 11,250<br /> + 16,875<br /> +</td> +</tr> +</table> + +<table summary="Totals" border="1" cellspacing="2" cellpadding="2" +width="100%"> +<tr> +<td width="40%" valign="top"> <br /> +<br /> +</td> +<td width="30%" valign="top"><br /> +Total..............<br /> +Civic Colonies ..........<br /> +<br /> +Grand Total .............<br /> +</td> +<td width="15%" valign="top"><br /> +226,000<br /> + 38,900<br /> +________<br /> +264,900</td> +<td width="15%" valign="top"><br /> +141,250<br /> + 30,500<br /> +________<br /> +171,750<br /> +or<br /> + 268.36 Sq. Mi.<br /> +<br /> + </td> +</tr> +</table> + +<br /> +<br /> +<br /> +<br /> +<ul class="none"> +<li>[Footnote 1: I have not here added Roman conquests outside of +the peninsula of Italy, as these conquests were not treated as +Roman territory until nearly a century later.]</li> +</ul> + +<br /> +<br /> +<br /> +<h4><a name="II9">SEC. 9.</a>—LATIFUNDIA.</h4> + +<br /> +<p>"After having pillaged the world as praetors or consuls during +time of war, the nobles again pillaged their subjects as governors +in time of peace;<span class="note">[1]</span> and upon their +return to Rome with immense riches they employed them in changing +the modest heritage of their fathers into domains vast as +provinces. In villas, which they were wont to surround with +forests, lakes and mountains ... where formerly a hundred families +lived at ease, a single one found itself restrained. In order to +increase his park, the noble bought at a small price the farm of an +old wounded soldier or peasant burdened with debt, who hastened to +squander, in the taverns of Rome, the modicum of gold which he had +received. Often he took the land without paying anything.<span +class="note">[2]</span> An ancient writer tells us of an +unfortunate involved in a law suit with a rich man because the +latter, discommoded by the bees of the poor man, his neighbor, had +destroyed them. The poor man protested that he wished to depart and +establish his swarms elsewhere, but that nowhere was he able to +find a small field where he would not again have a rich man for a +neighbor. The nabobs of the age, says Columella, had properties +which they were unable to journey round on horseback in a day, and +an inscription recently found at Viterba, shows that an aqueduct +ten miles long did not traverse the lands of any new +proprietors.... The small estate gradually disappeared from the +soil of Italy, and with it the sturdy population of laborers.... +Spurius Ligustinus, a centurian, after twenty-two campaigns, at the +age of more than fifty years, did not have for himself, his wife, +and eight children more than a jugerum of land and a cabin."<span +class="note">[3]</span></p> + +<p>To this masterly sketch quoted from Duruy, we can but add a few +facts. Pliny affirms that under Nero only six men possessed the +half of Africa.<span class="note">[4]</span> Seneca, who himself +possessed an immense fortune, says, concerning the rich men of his +time, that they did not content themselves with possessing the +lands that formerly had supported an entire people; they were wont +to turn the course of rivers in order to conduct them through their +possessions. They<span class="note">[5]</span> desired even to +embrace seas within their vast domains. We must here, it is true, +make some allowance for rhetoric. So, too, in the writings of +Petronius, some allowance for satire must be made, where he +represents the clerk of Trimalchio making a report of that which +has taken place in a single day upon one of the latter's farms near +Cumae. Here on the 7th of the calends<span class="note">[6]</span> +of July, were born 30 boys and 40 girls; 500,000 bushels of wheat +were harvested and 500 oxen were yoked. The clerk goes on to say +that a fire had recently broken out in the <i>Gardens of +Pompey</i>, when he is interrupted by Trimalchio asking when the +<i>Gardens of Pompey</i> had been purchased for him, and is +informed that they had been in his possession for a year.<span +class="note">[7]</span> So it appears that Trimalchio, in whom +Petronius has personified the pride, the greed, and the vices of +the rich men of his time, did not know that he was the possessor of +a magnificent domain. In another place Petronius causes Trimalchio +to say that everything which could appeal to the appetite of his +companions is raised upon one of his farms which he has not yet +visited and which is situated in the neighborhood of Terracina and +Tarentum, towns<span class="note">[8]</span> which are separated by +a distance of 300 miles. Finally, led on by his immoderate desire +to augment his riches and increase his possessions, the hero of +Petronius asks but one thing before he dies, i.e., to add +Apulia<span class="note">[9]</span> to his domains; he, however, +admits that he would not take it amiss to join Sicily to some lands +which he owned in that locality or to be able, should envy not +check him, to pass into Africa<span class="note">[10]</span> +without departing from his own possessions. All this has a basis of +fact. Trimalchio would never have been created, had not the +favorite freedmen of Nero crushed the people by their luxury, +debauches, and scandals.</p> + +<p>But the condition of society pictured by Seneca and Petronius is +that of the first century of the Christian era and might not be +taken to represent the condition of affairs in the second century +B.C., had we not some data which go to prove the concentration of +property, the disparity between classes, and the depopulation of +Italy within the same century as the Gracchi. Cicero was not +considered one of the richest men in Rome, yet he possessed many +villas, and he has himself told us that one of them cost him +3,500,000 sesterces, about $147,000.<span class="note">[11]</span> +Cornelia, the mother of the Gracchi, had a country residence in the +vicinity of Micenum which cost<span class="note">[12]</span> 75,000 +drachmae ($14,000); Lucullus some years afterwards bought it for +500,200 drachmae ($100,040). According to Cicero,<span class= +"note">[13]</span> Crassus had a fortune of 100,000,000 sesterces +($4,200,000). This does not astonish us when we see upon the <i>via +Appia,</i>near the ruins of the circus of Caracalla and but a short +distance from the Catacombs of St. Sebastian and the fountain of +Aegeria, the still important remains of the tomb of Caecilia +Metella, daughter of Metellus Creticus and wife of the tribune +Crassus, as the inscription testifies. It is a vast "funereal +fortress" constructed of precious marble, and which gives us the +first example of the luxury afterwards so common among the Romans. +Then, too, we remember that Crassus was wont to say that no one was +rich who was not able to support an army with his revenues, to +raise six legions and a great number of auxiliaries, both infantry +and cavalry.<span class="note">[14]</span></p> + +<p>Pliny confirms this statement concerning Crassus, but adds that +Sulla was even richer.<span class="note">[15]</span> Plutarch gives +us fuller details and also explains the origin of the colossal +fortune of Crassus. According to him Crassus had 300 talents +($345,000), with which to commence. Upon his departure for the +Parthian war in which he lost his life, he made an inventory of his +property and found that he was possessed of 7,100 talents, +$8,165,000, double what Cicero attributes to him. How did Crassus +increase his fortune so enormously? Plutarch says that he bought +the property confiscated by Sulla at a very low figure. Then, he +had a great number of slaves distinguished for their talents; +lecturers, writers, bankers, business men, physicians, and +hotel-keepers, who turned over to him the benefits which they +realized in their diverse industries. Moreover, he had among his +slaves 500 masons and architects. Rome was built almost entirely of +wood and the houses were very high, consequently fires were +frequent and destructive. As soon as a fire broke out, Crassus +hastened to the place with his throng of slaves, bought the now +burning buildings—as well as those threatened—at a +song, and then set his slaves to work extinguishing the fires. By +this means he had become possessed of a large<span class= +"note">[16]</span> part of Rome.</p> + +<p>Some other facts confirm that which Plutarch tells us of +Crassus. Athenaeus<span class="note">[17]</span> says that it was +not rare to find Roman citizens possessed of 20,000 slaves. At the +commencement of the civil war between Cæsar and Pompey, the +future dictator found opposed to him, in Picenum, Domitius<span +class="note">[18]</span> Ahenobarbus at the head of thirty cohorts. +Domitius seeing his troops wavering, promised to each of them four +jugera out of his own possessions, and a proportionate part to the +centurians and veterans. What must have been the fortune of a man +who was able to distribute out of his own lands, and surely without +bankrupting himself, about 100,000 jugera?</p> + +<ul class="none"> +<li>[Footnote 1: Cicero says these exactions were common and that +the provinces were even restrained from complaining. Verres +apologized for his exactions by saying that he simply followed the +common example. In Verrem, II, 1-3, 17.]</li> + +<li>[Footnote 2: "Parentes aut parvi liberi militum, ut quisque +potentiori confinis erat, sedibus pellebantur." Sall., +<i>Jugertha</i>, 41. Horace, Ode II, 18.]</li> + +<li>[Footnote 3: Duruy, <i>Hist. des Romains</i>, II, 46-47.]</li> + +<li>[Footnote 4: "Sex domini semissem Africae possidebant." +<i>Hist. Nat.</i>, XVIII, 7.]</li> + +<li>[Footnote 5: Seneca, Epist., 89.]</li> + +<li>[Footnote 6: Petronius, Sat., 48: VII. calendas sextilis in +praedio Cumano, quod est Trimalchionis, nati sunt pueri, XXX, +puellae, XL; sublata in horreum, ex area, tritici millia modium +quingenta; boves domiti quingenti ... eodem die incendium factum +est in hortis Pompeianis, ortum ex aedibus nastae, villici.]</li> + +<li>[Footnote 7: Quid? inquit Trimalchio: quando mihi Pompeiani +horti emti sunt? Anno priore, inquit actuarius. (<i>Ibid.</i> +53.)]</li> + +<li>[Footnote 8: Vinum, inquit, si non placet, mutabo; vos illud, +oportet faciatis. Deorum beneficio nōn emo, sed nune, quidquid +ad salivam facit, in suburbano nascitur eo quod ego adhue non navi. +Dicitur confine esse Tarracinensibus et Tarentinis.]</li> + +<li>[Footnote 9: Quod si contigerit Apuliae fundos jungere, satis +vivus pervenero, <i>(Ibid.</i> 77.)]</li> + +<li>[Footnote 10: Nunc conjungere agellis Siciliam volo, ut quun +Africam libuerit ire, per meos fines navigem. Sat.,48.]</li> + +<li>[Footnote 11: Ad Fam., V, 6: "quod de Crasso domum emissem emi +eam ipsam domum H.S., XXXV."]</li> + +<li>[Footnote 12: Plutarch, <i>Life of Marius.</i>]</li> + +<li>[Footnote 13: De Repub., III, 7: Cur autem, si pecuniae modus +statuendus fuit feminis, P. Crassi filia posset habere, si unica +patri esset, aeris millies, salva lege?]</li> + +<li>[Footnote 14: Cicero, <i>Paradoxia</i>, VI.]</li> + +<li>[Footnote 15: Pliny, <i>Hist. Nat.,</i>XXXIII, 10.]</li> + +<li>[Footnote 16: Plutarch, <i>Crassus</i>, c. 1 and 2.]</li> + +<li>[Footnote 17: Athenaeus, <i>Deipnosophistae,</i>VI, 104.]</li> + +<li>[Footnote 18: Cæsar, <i>Bell. Civ.,</i>I, 17.]</li> +</ul> + +<br /> +<br /> +<br /> +<h4><a name="II10">SEC. 10.</a>—THE INFLUENCE OF +SLAVERY.</h4> + +<br /> +<p>The last of the evils which we wish to mention as bringing about +the deplorable condition of the plebeians at the time of the +Gracchi, and which brought more degradation and ruin in its train +than all the others, is slavery. Licinius Stolo had attempted in +vain to combat it. Twenty-four centuries of fruitless legislation +since his death has scarcely yet taught the most enlightened +nations that it is a waste of energy to regulate by law the +greatest crime against humanity, so long as the conditions which +produced it remain the same. The Roman legions, sturdy plebeians, +marched on to the conquest of the world. For what? To bring home +vast throngs of captives who were destined, as slaves, to eat the +bread, to sap the life blood, of their conquerors. The substitution +of slaves for freemen in the labors of the city and country, in the +manual arts and industries, grew in proportion to the number of +captives sold in the markets of Rome. All the rich men followed +more or less the example of Crassus; they had among their slaves, +weavers, carvers, embroiderers, painters, architects, physicians, +and teachers. Suetonius tells us that Augustus wore no clothing +save that manufactured by slaves in his own house. Atticus hired +his slaves to the public in the capacity of copyists. Cicero used +slaves as amanuenses. The government employed slaves in the +subordinate posts in administration; the police, the guard of +monuments and arsenals, the manufacture of arms and munitions of +war, the building of navies, etc. The priests of the temples and +the colleges of pontiffs had their familiae of slaves.</p> + +<p>Thus in the city, plebeians found no employment. Competition was +impossible between fathers of families and slaves who labored <i>en +masse</i> in the vast work-shops of their masters, with no return +save the scantiest subsistence, no families, no cares, and most of +all no army service. In the country it was still worse. It would +appear that none but slaves were employed in the cultivation of the +land. Doubtless the number of slaves in Italy has been greatly +exaggerated, but it is certain that the substitution of slave labor +for free, was an old fact when Licinius<span class= +"note">[1]</span> attempted by the formal disposition of his law to +check the evil. In the first centuries of Rome, slaves must have +been scarce. They were still dear in the time of Cato, and even +Plutarch mentions as a proof of the avarice of the illustrious<span +class="note">[2]</span> censor, that he never paid more than 15,000 +drachmae for a slave. After the great conquests of the Romans, in +Corsica, Sardinia, Spain, Greece, and the Orient, the market went +down by reason of the multitude of human beings thrown upon it. An +able-bodied, unlettered man could be bought for the price of an ox. +Such were the men of Spain, Thrace, and Sardinia. Educated slaves +from Greece and the East brought a higher price. We learn from +Horace, that his slave Davus whom he has rendered so celebrated, +cost him 500 drachmae.<span class="note">[3]</span> Diodorus of +Siculus says that the rich caused their slaves to live by their own +exertions. According to him the knights employed great bands of +slaves in Sicily, both for agricultural purposes and for herding +stock, but they furnished them with so little food that they must +either starve or live by brigandage. The governors of the island +did not dare to punish these slaves for fear of the powerful order +which owned them.<span class="note">[4]</span> Slave labor was thus +adopted for economic reasons, and, for the same reasons, +agriculture in Italy was abandoned for stock raising.</p> + +<p>Says Varro:<span class="note">[5]</span> "Fathers of families +rather delight in circuses and theatres than in farming and grape +culture. Therefore, we pay that wheat necessary for our subsistence +be imported from Africa and Sardinia; we pick our grapes in the +isles of Cos and Chios. In this land where our fathers who founded +Rome instructed their children in agriculture, we see the +descendants of those skillful cultivators, by reason of avarice and +in contempt of laws, transferring arable lands into pasture fields, +perhaps ignorant of the fact that agriculture and fatherland were +one."</p> + +<p>Fewer men were needed for the care of these pasture lands; but +the evil did not stop here. Little by little these pasture lands +were transformed into mere pleasure grounds attached to villas. +This had already begun to take place as early as the second Punic +war, when the plains of Sinuessa<span class="note">[6]</span> and +Falernia were cultivated rather for pleasure than the necessaries +of life; so that the army of Fabius could find nothing upon which +to sustain itself. Under these influences the plebeians, in 133, +had become merely a turbulent, restless mass, but full of the +activity and the energy which had characterized them in the early +centuries of the republic. They were composed chiefly of the +descendants of the ancient plebeian families, decimated by wars and +by misery. They were the heirs of those for whom Spurius Cassius, +Terentillius Arsa, Virginius, Licinius Stolo, Publilius Philo, and +Hortensius had endured so many conflicts and even shed their blood; +but they had become brutalized by poverty, debauchery, and crime. +No longer able to support themselves by labor, they had become +beggars and vagabonds.</p> + +<ul class="none"> +<li>[Footnote 1: M. Bureau de la Malle, <i>Ec. polit. des +Romains,</i>ch. 15, p. 143; ch. 2, p.231.]</li> + +<li>[Footnote 2: Plutarch, <i>Cato the Censor,</i>6 and 7.]</li> + +<li>[Footnote 3: Horace, Sat. II, 7; v. 42-43: "Quid? si me +stultior ipso quingentis empto drachmis, deprehenderis."]</li> + +<li>[Footnote 4: Diodorus, Siculus, Fg. of Bk. XXXIV.]</li> + +<li>[Footnote 5: Varro, <i>De R.R. Proem.</i> 3, 4.]</li> + +<li>[Footnote 6: Livy, XXII, 15.]</li> +</ul> + +<br /> +<br /> +<br /> +<h4><a name="II11">SEC. 11.</a>—LEX SEMPRONIA TIBERIANA.</h4> + +<br /> +<p>In 133, more than two centuries after the enactment of the law +of Licinius Stolo, Tiberius Gracchus, tribune of the people for +that year, brought forward a bill which was in fact little less +than a renewal of the old law. It provided that no one should +occupy more than five hundred jugera of the <i>ager publicus,</i> +with the proviso that any father could reserve<span class= +"note">[1]</span> 250 jugera for each son.<span class= +"note">[2]</span> This law differed from that of Licinius in that +it guaranteed permanent possession of this amount to the occupier +and his heirs forever.<span class="note">[3]</span> Other clauses +were subjoined providing for the payment<span class= +"note">[4]</span> of some equivalent to the rich for the +improvements and the buildings upon the surrendered estates, and +ordering the division of the domain thus surrendered among the +poorer citizens in lots of 30 jugera each, on the condition that +their portions should be inalienable.<span class= +"note">[5]</span>They bound themselves to use the land for +agricultural purposes and to pay a moderate rent to the state. It +appears that the Italians were not excluded from the benefit of +this law.<span class="note">[6]</span></p> + +<p>The design of this bill was to recruit the ranks of the Romans +by drafts of freeholders from among the Latins. Such as had been +reduced to poverty were to be restored to independence. Such as had +been sunk beneath oppression were to be lifted up to liberty.<span +class="note">[7]</span> No more generous scheme had ever been +brought before the Romans. None ever met with more determined +opposition, and for this there was much reason. There might have +been some like the tribune's friends ready to part with the lands +bequeathed to them by their fathers; but where one was willing to +confess, a hundred stood ready to deny the claim upon them. Nor had +they any such demands to meet as those of the olden times. Then the +plebeians were a firm and compact body which demanded a share of +recent conquests that their own blood and courage had gained. Now +it was a loose and feeble body of various members waiting for a +share in land long since conquered, while their patron rather than +their leader exerted himself for them.</p> + +<p>Tiberius, like Licinius, met with violent opposition, but he had +not like him the patience and the fortitude to wait the slower but +safer process of legitimate agitation. He adopted a course<span +class="note">[8]</span> which is always dangerous and especially so +in great political movements. Satisfied with the justice of his +bill and stung by taunts and incensed by opposition, he resolved to +carry it by open violation of law. He caused his colleague, +Octavius, who had interposed his veto, to be removed from office by +a vote of the citizens—a thing unheard of and, according to +the Roman constitution, impossible—and in this way his bill +for the division of the public land was carried and became a law. +It required the appointing of three commissioners to receive and +apportion the public domain.<span class="note">[9]</span> This +collegium of three persons,<span class="note">[10]</span> who were +regarded as ordinary and standing magistrates of the state, and +were annually elected by the assembly of the people, was entrusted +with the work of resumption and distribution. The important and +difficult task of legally settling what was domain land and what +was private property was afterward added to these functions. +Tiberius himself, his brother Caius, then at Numantia, and his +father-in-law, Claudius, were nominated, according to the usual +custom of intrusting the execution of a law to its author and his +chosen adherents.<span class="note">[11]</span> The distribution +was designed to go on continually and to embrace the whole class +that should be in need of aid. The new features of this agraria lex +of Sempronius, as compared with the Licinio-Sextian, were, first, +the clause in favor of the hereditary possessors; secondly, the +payment of quit-rent, and inalienable tenure proposed for the new +allotments; thirdly, and especially, the permanent executive, the +want of which, under the older law, had been the chief reason why +it had remained without lasting practical application.<span class= +"note">[12]</span></p> + +<p>The dissatisfaction of the supporters of the law concurred with +the resistance of its opponents in preventing its execution or at +least greatly embarrassing the collegium. The senate refused to +grant the customary outfit to which the commissioners<span class= +"note">[13]</span> were entitled. They proceeded without it. Then +the landowners denied that they occupied any of the public land, or +else asked such enormous indemnities as to render the recovery +impossible without violence. This roused opposition. The <i>ager +publicus</i> had never been surveyed, private boundaries had in +many cases been obliterated, and, except where natural boundaries +marked the limit of the domain land, it was impossible to ascertain +what was <i>ager publicus</i> and what <i>ager privatus</i>. To +avoid this difficulty the commission adopted the just but hazardous +expediency of throwing the burden of proof upon the occupier. He +was summoned before their tribunal and, unless he could establish +his boundaries or prove that the land in question had never been a +part of the domain land, it was declared <i>ager publicus</i> and +confiscated.<span class="note">[14]</span></p> + +<p>On the other hand the newly made proprietors were contending +with one another, if not with the commissioners. The Italians were, +in some cases, despoiled instead of relieved by the law. The +complaints of those turned out of their estates to make room for +the clamorous swarms from the city, drowned the thanks of such as +obtained a portion of the lands. Not even with the wealth of +Attalus had Tiberius bought friends enough to aid him at this +time.<span class="note">[15]</span> The same spirit of lawlessness +which he himself had invoked in the passing of his law, was in turn +made use of by his enemies to crush him. Having been absent from +Rome while performing his duties as commissioner, he now returned +as a candidate for re-election to the tribunate, a thing in itself +contrary to law, and in the struggle which arose over his +re-election, was slain a little more than six months after his +appointment<span class="note">[16]</span> to membership in the +collegium.</p> + +<p><i>Uncertainty as to the Details of the Lex Sempronia.</i> We +are very imperfectly informed upon many points in Tiberius' +agrarian law. In the first place, the question arises, were those +persons holding less than 500 jugera at the time of its enactment +given their lands as <i>bona fide</i> private property with the +privilege of making up the deficiency? If not, then the law, +instead of punishing, would seem to reward violation of its tenets, +and he who had with boldness appropriated the greatest quantity of +domain land would now be an object of envy to his more honest but +less fortunate neighbors.</p> + +<p>Secondly, what arrangement was made as to the buildings and +improvements already upon the land? Were these handed over to the +new owners without any payment on their part? This would work great +inequality in the value of allotments made, and yet we cannot see +where the poor man was to obtain the money to pay for these. Then +again, what was to become of the numerous slaves which had hitherto +carried on the agriculture now destined to be performed by small +holders? Their masters would have no further use for them and would +consequently swell the lists of freedmen in order to avoid the +expense of feeding them. This law was passed in the midst of the +Sicilian slave war and Tiberius Gracchus would surely not have +neglected to make some provision to meet this exigency. The law as +it stands in its imperfect condition seems to be the work of an +ignorant, unprincipled political charlatan, but we are convinced +Tiberius was not that. Moreover, we know that he had the help of +one of Rome's most able lawyers, Publius Mucius Scaevola, and the +advice of his father-in-law, Appius Claudius, who was something of +a statesman. We are therefore convinced that some conditions which +were to meet these obstacles were enacted. We must admit, however, +that it is a little surprising that no fragment of such conditions +has ever reached us in the literature of Rome.</p> + +<p><i>Results of this Law.</i> Although Tiberius was dead, yet his +law still lived, and, indeed, received added force from the death +of its author. The senate killed Gracchus but could not annul his +law. The party which was favorable to the distribution of the +domain land gained control of affairs. Gaius Gracchus, Marcus +Fulvius Flaccus, and Gaius Papirius Carbo, were the chief persons +in carrying the law into effect. Mommsen (vol. III, p. 128) says: +"The work of resuming and distributing the occupied domain land was +prosecuted with zeal and energy; and, in fact, proofs to that +effect are not wanting. As early as 622(i.e. from the Foundation of +Rome, =132 B.C.) the consul of that year, Publius Popillius, the +same who presided over the prosecution of the adherents of Tiberius +Gracchus, recorded on a public monument that he was 'the first who +had turned the shepherd out of the domains and installed farmers in +their stead;' and tradition otherwise affirms that the distribution +extended over all Italy, and that in the formerly existing +communities the number of farmers was everywhere +augmented—for it was the design of the Sempronian agrarian +law to elevate the former class, not by the founding of new +communities, but by the strengthening of those already in +existence.</p> + +<p>"The extent and the comprehensive effect of these distributions +are attested by the numerous arrangements in the Roman art of +land-measuring referable to the Gracchan assignations of land; for +instance, the due placing of boundary stones, so as to obviate +future mistakes, appears to have been first suggested by the +Gracchan courts for defining boundaries and by the distribution of +land.</p> + +<p>"But the number on the burgess-rolls gives the clearest +evidence. The census, which was published in 623, and actually took +place probably in the beginning of 622, yielded not more than +319,000 burgesses capable of bearing arms, whereas six years +afterwards (629), in place of the previous falling off (p. 108), +the number rises to 395,000, that is 76,000 of an increase beyond +all doubt solely in consequence of what the allotment commission +did for Roman burgesses."</p> + +<p>Ihne says, concerning this same commission (vol. IV, p. 409): +"The triumvirs entered upon their duties under the most unfavorable +circumstances.... We may entertain serious doubts whether they or +their immediate successors ever got beyond this first stage of +their labors, and whether they really accomplished the task of +setting up any considerable number of independent freeholders." +Ihne further says (vol. IV, p. 408, n. 1), in answer to the +statements made by Mommsen, which we have quoted above: "There is +an obvious fallacy in this argument, for how could the assignment +of allotments to poor citizens increase the number of citizens? +There is nothing to justify the assumption that non-citizens were +to share in the benefit of the land-law, and that by receiving +allotments they were to be advanced to the rank of citizens. If the +statements respecting the census of 131 B.C. and 125 B.C. are to be +trusted, the great increase in the number of citizens must be +explained in another way. It is possible ... that after the revolt +of Fregellae (125 B.C.) a portion of the allies were admitted to +the Roman franchise by several plebiscites. We know nothing of such +plebiscites; but it is not unlikely that the Roman senate in 125 +B.C. acted on the principle of making timely concessions to a +portion of the rebels, and thus preventing unanimous action among +them. This is what was done in 90 B.C. during the great Social War. +By such an admission of allies, the increase of citizens between +131 and 125 might possibly be explained."</p> + +<p>If we examine the objections which Ihne raises we shall not find +them so formidable as first appears. Mommsen does not say that the +number of citizens was increased. What he does say is that the +number of burgesses capable of bearing arms was increased (vol. +III, p. 128). In 570-184, the Servian Military Constitution was so +modified as to admit to service in the burgess army, persons +possessed of but 4,000 asses ($85). In case of need all those who +were bound to serve in the fleet, <i>i.e.</i> those rated between +4,000 and 1,500 asses and all freedmen, together with the free-born +rated between 1,500 asses ($30) and 375 asses ($7.50), were +enrolled in the burgess infantry.<span class="note">[17]</span> It +is easy enough to see that the gift on the part of the government +of 30 jugera (24 acres) of land to each poor citizen, would raise +him from the ranks of the proletariate and make him liable to +military service.</p> + +<p>This is sufficient to establish Mommsen's thesis;<span class= +"note">[18]</span> and it is not necessary to consider the second +point, viz., that non-citizens were not to share in the benefit of +the land law nor thereby to be raised to the rank of citizens, +although to us it would be no more difficult to believe this than +that 76,000 allies had been admitted to the Roman franchise "by +several plebiscites" no trace or rumor of which had been +preserved.</p> + +<p>It can hardly be supposed that the Italian farmers were +multiplied at the same ratio as were the Romans; but the result +must have been most beneficial even to them.</p> + +<p>In the accomplishing of this result, respectable interests and +existing rights were no doubt violated. The commission itself was +composed of violent partisans who, being judges unto themselves, +did not scruple to carry out their plans even at the cost of +recklessness and tumult. Loud complaints were made, but usually to +no avail. If the domain question was to be settled at all, the +matter could not be carried through without some such rigor of +action. Intelligent Romans wished to see the plan thoroughly +tested. But this acquiescence had a limit. The Italian domain was +not all in the hands of Roman citizens. Allied communities held the +usufruct of large tracts of it by means of decrees of the people or +the senate, and other portions had been taken possession of by +Latin burgesses. These in turn were attacked by the commissioners; +but to give fresh offense to these Latini, who were already +overburdened with military service, without share in the spoils, +was a matter of doubtful policy.</p> + +<p>The Latini appealed to Scipio in person, and by his influence a +bill was passed by the people which withdrew from the commission +its jurisdiction and remitted to the consuls the decision as to +what were private and what domain lands. This was a mild way of +killing the law, and resulted in that. It had, however, in great +measure, fulfilled its object and left little territory in the +hands of the Roman state.</p> + +<ul class="none"> +<li>[Footnote 1: App., I,9; Livy, Epit., LVIII, XII: "possessores, +qui filios in potestate haberent, supra legitimum modum ducena +quinquagena jugera in singulos retinerent."]</li> + +<li>[Footnote <a href="#11-2">2</a>: Mommsen states that this +privilege was limited to 1000 jugera in all, and Wordsworth follows +him, making the same statement. Lange, <i>Röm. +Alterthümer,</i> III, 9, agrees with Mommsen and cites, App. +B.C., I, 9, 11; Vell., 2, 6; Livy, Ep., 58; Aurelius Victor, 64; +Sic. Flacc., p. 136, Lach. I find no direct proof in the places +mentioned of what Lange asserts while App. (I, 11), says: +"και παισι +οισ εισι +παιδες +εκαστω και +τουτων τα +ημισεα" ("kai paisi, ois eisi +paides ekasto kai touton ta aemisea.") Long says there is no proof +of any limitation as to number of sons, while Ihne, Duruy and +Nitzsch are agreed in following the statement of Appian, as I have +here done. See Marquardt u. Momm., <i>Röm. Alter,</i> +106.]</li> + +<li>[Footnote 3: App., I, 11.]</li> + +<li>[Footnote 4: Momm., III, 114; Plutarch, <i>Tiberius +Gracchus,</i> 9, 1. 9.]</li> + +<li>[Footnote 5: App., I, 1. 3.]</li> + +<li>[Footnote <a href="#11-6">6</a>: App., I, 9: +"Τιβεριος +Γρακχος... +δημαρχων +εσεμνολογησε +περι του +Ιταλικου +γενους ως +ευπολεμωτατου +τε και +συγγενους +φθειρομενου +δε κατ +ολιγον ες +αποριαν και +ολιγανδριαν. +Also App. B.C., I, 13; +Γρακχος δε +μεγαλαυχουμενος +επι τω νομω... +οια δη +κτιστης ου +μιας +πολεως +ουδ ενος +γενους +αλλα παντων +οσα εν +Ιταλια εθνη, +ες την +οικιαν +παρεπεμπετο."<br /> +(App., I, 9: "Tiberios Grakchos...daemarchon esemnologaese peri tou +Italikou genous hos eupolemotatou te kai sungenus phtheiromenou de +kat oligon es aporian kai oligandrian Also App. B.C., I, 13; +Grakchas de megalauchoumenos epi to nomo ... oia dae ktistaes ou +mias poleos oud henos genous alla panton osa en Italia ethnae es +taen oikian parepempeto.")<br /> +Ihne, IV, 385. Lange says (III, 10): "Das Gracchus die Latiner und +Bundesgenosen nicht berücksichtigte, war bei der Gesinnung der +römischen Bürgerschaft gegen die Latiner ganz +natürlich." I can not see how he harmonizes this statement +with that of App., +Ιταλικου +γενους (Italikou genous) +and Ιταλια +εθνη (Italia ethnae). Momm., <i>Röm. +Ge.,</i> II, 88.]</li> + +<li>[Footnote 7: Sallust, <i>Jugertha</i>, XLII.]</li> + +<li>[Footnote 8: App., I, XII; Plutarch, <i>Tiberius Gracchus</i>, +X-XII; Julii Flori Epitoma, II, (Biblioth. Teubner, p. 67): "Sit +ubi intercedentem legibus suis C. Octavium vidit Gracchus, contra +fas collegii, juris, potestas, is injecta manu depulit rostris, +adeoque praesenti metu mortis exterruit, ut abdicare se magistratu +cogeretur."]</li> + +<li>[Footnote 9: Momm., III, 115.]</li> + +<li>[Footnote 10: App., I, 9; Livy, <i>Epit.</i>, LVIII, 12; Plut., +<i>Tib. Gr.</i>, 8-14; Cic., De Leg. Agr., II, 12, 13; Velleius, 2, +2; Aurelius Vic., De Vir. Illus., 64.]</li> + +<li>[Footnote 11: Plutarch, <i>Tiberius Gracchus</i>, 13.]</li> + +<li>[Footnote 12: Momm., III, 115. See Ihne's just condemnation of +this clause; IV, 387.]</li> + +<li>[Footnote 13: Plutarch, <i>Tib. Grac.</i>, XIII, ln. 12; Duruy, +<i>Hist. Rom.</i>, vol. II, pp. 339-420 of Translation.]</li> + +<li>[Footnote 14: Long, I, 183; Ihne, IV, 387; Lange, III, 10-12; +Nitzsch, <i>Die Gracchen</i>, 294 <i>et seq.</i>]</li> + +<li>[Footnote 15: Plutarch, <i>Tib. Grac.</i>, 14; Florus, +II.]</li> + +<li>[Footnote 16: Cicero, <i>De Amicitia</i>, 12. "Tiberius +Gracchus regnum occupare conatus est vel regnavit is quidem paucas +menses."]</li> + +<li>[Footnote 17: Momm., II, p. 417.]</li> + +<li>[Footnote 18: Professor Long thinks that the law of Tiberius +soon became a dead letter. Lange (<i>Röm. Alter.</i>, III, +26-29), inclines to this view. Duruy (II, 419-420), and most other +modern writers agree with Mommsen.]</li> +</ul> + +<br /> +<br /> +<br /> +<h4><a name="II12">SEC. 12.</a>—LEX SEMPRONIA GAIANA.</h4> + +<br /> +<p>Gaius Gracchus really enacted no new agrarian law but merely +re-established the power of the commission which had been appointed +by his brother ten years before; which power they had lost by the +law of Scipio.<span class="note">[1]</span> Gaius' law was enacted +merely to preserve the principle, and the distribution of land, if +resumed at all, was on a very limited scale. This is made known +from the fact that the burgess-roll showed precisely the same +number capable of bearing arms in 124 and 114. As has already been +stated, the domain land had been exhausted by the commission before +losing its power, and, therefore, Gaius had none to +distribute.<span class="note">[2]</span> The land held by the +Latini could only be taken into consideration with the difficult +question of the Roman franchise. But when Gaius proposed the +establishment of colonies in Italy, at Tarentum and Capua, whose +territories had been hitherto reserved as a source of revenue to +the treasury,<span class="note">[3]</span> he went a step beyond +his brother and made this also liable to be parcelled out; not, +however, according to the method of Tiberius, who did not +contemplate the establishment of new communities, but according to +the colonial system. There can be little doubt that Gaius designed +to aid in permanently establishing<span class="note">[4]</span> the +revolution by means of these new colonies in the most fertile part +of all Italy. His overthrow and death put a stop to the +establishment of the contemplated colonies and left this territory +still tributary to the treasury.</p> + +<ul class="none"> +<li>[Footnote 1: Scipio must have caused a plebiscitum to be +enacted, for the repeal of this clause, as an existing law could +not be repealed by a <i>senatus consultum.</i> See Ihne, IV, 414, +note.]</li> + +<li>[Footnote 2: Momm., III, 137.]</li> + +<li>[Footnote 3: Cicero, <i>De Leg. Agr.</i>, II, c. 29-32; +Marquardt u. Momm., <i>Röm. Alter.</i>, IV, 106: "ager +publicus mit Ausnahme einiger dem Staate unenbehrlicher Domainen, +wozu namentlich das Gebiet von Capua und das stellatische Feld bei +Cales gehörte."]</li> + +<li>[Footnote 4: Ihne, IV, 438-479. Plutarch, <i>Gaius +Gracchus</i>, 13.]</li> +</ul> + +<br /> +<br /> +<br /> +<br /> +<h3>CHAPTER <a name="III">III.</a></h3> + +<h4>SEC. <a name="III13">13.</a>—LEX THORIA.<span class= +"note">[1]</span></h4> + +<br /> +<p>According to Appian, during the years which followed the death +of Gaius Gracchus up to the tribunate of Saturninus, that is to +say, between the years 120 and 100, three agrarian laws were +proposed and adopted.</p> + +<p>1. A law "That the holders of the land which was the matter in +dispute might legally sell<span class="note">[2]</span> it." +Appian, who is the only authority for this period, does not give +the date of the law nor the name of the tribune who proposed it, +but Ihne<span class="note">[3]</span> makes the date 118, and +Mommsen assigns the law to Marcus<span class="note">[4]</span> +Drusus. This law was a repeal of all the restrictions which the +Gracchi had placed upon assignments of public land. The object of +this clause was to secure the success of their great reforms, and +to establish a number of small proprietors who would cultivate +their little farms, and breed citizens and soldiers. But forced +cultivation is impossible, and sumptuary laws have never yet +succeeded in increasing<span class="note">[5]</span> population. +Again it is inconsistent to give land to a man and deprive him of +the power of sale, for this is an essential part of that domain +which we call property in land. If a man wishes to sell, he will +always have sufficient reasons for so doing, and a rich man can +afford to pay<span class="note">[6]</span> the highest price, +freedom of exchange thus bringing ultimate good to both parties. It +is easy to comprehend the consequences of this law. It was the +commencement of a reaction entirely aristocratic in its +nature.<span class="note">[7]</span> It was skillfully conducted +with the ordinary spirit of the Roman senate, the ruses, mental +reservations, and dissimulations under guise of public interest. +The aristocracy presented to the plebeian farmers, established by +the lex Sempronia, a means of promptly and easily satisfying their +passions. They had never earned their little farms, nor did they +appreciate the independence of the tiller of the soil. Unaccustomed +to farm labor,<span class="note">[8]</span> and the plodding +unexciting life of the Roman <i>agricola</i>, they made haste to +abandon a toilsome husbandry, the results of which seemed to them +slow and uncertain, and with the pieces of silver which they +received as the price of their lands, returned to Rome to swell the +idle and vicious throng<span class="note">[9]</span> which enjoyed +the sweet privilege of an existence sustained without labor.</p> + +<p>Thus the nobles re-entered promptly and cheaply into the +possession of the lands of which Tiberius had but a short time +before deprived them, and, by means of a little sacrifice, +substantially and legally converted their possessions into real +property, while the plebeians whom Tiberius had wished to elevate +by means of forcing<span class="note">[10]</span> upon them the +necessity of labor, fell back into their accustomed poverty and +brutality. But the object for which the nobles were striving was +not yet completely gained. The present victory was theirs; they now +strove to guarantee the future, and so render impossible dangers +similar to those already passed through.</p> + +<p>2. A second law was thus enacted: "Spurius Borius, a tribune, +proposed a law to this effect; that there should be no more +distribution of the public land, but it should be left to the +possessors who should pay certain charges (<i>vectigalia</i>) for +it to the state <a href="#13">(δημω)</a>(daemo) +and that the money arising from these payments should be +distributed."<span class="note">[11]</span></p> + +<p>It is easy to comprehend the effect of a law so conceived. On +the one hand it guaranteed to the possessors full property in the +public lands which they held. From this point of view it was +aristocratic. But on the other hand it aimed to unite the interests +of the common people with those of the aristocracy, by placing a +tax of one tenth of the produce upon the holders of these +lands,<span class="note">[12]</span> thus reëstablishing the +law which had been annulled by Drusus. This took the place of +distributions of land, which had now been made impossible<span +class="note">[13]</span> in Italy. In reality this law was +disastrous to the plebeians as it established a tax<span class= +"note">[14]</span> for their benefit, a <i>congiarium</i>, and +placed a premium upon laziness.</p> + +<p>The narration of Appian presents some grave difficulties. In all +the manuscripts of Appian the name of the tribune proposing the +second law is Spurius Borius.<span class="note">[15]</span> Cicero +mentions a tribune by the name of Spurius<span class= +"note">[16]</span> Thorius and Schweighäuser in his edition of +Appian has changed 'Borius' to 'Thorius.' But this does not lessen +the difficulty, as the law which Cicero attributes to Thorius is +entirely different from the second law of Appian which, according +to him was introduced by Spurius Borius. Cicero says that Spurius +Thorius "freed the public lands from the vectigal."<span class= +"note">[17]</span> Appian says that Spurius Borius guaranteed the +<i>possessions</i> in the public lands, levying a tax on them for +the benefit of the people. It is a sheer waste of time to attempt +to harmonize these two statements.<span class="note">[18]</span> +Granting that Spurius Borius and Spurius Thorius are one and the +same person, the statements still remain diametrically opposed +according to a simple and commonly accepted translation of Cicero's +words: "Sp. Thorius satis valuit in populari genere dicendi, is qui +agrum publicum vitiosa et inutile lege vectigali levavit." Mommsen +makes Cicero agree with Appian by changing "vectigali" into the +instrument, and rendering<span class="note">[l9]</span> "relieved +the public land from a vicious and useless law by imposing a +vectigal." No other writer agrees with Mommsen in making such a +translation.</p> + +<p>3. The third law is mentioned by Appian alone who says: "Now +when the law of Gracchus had once been evaded by these tricks, an +excellent law and most useful to the state if it could have been +executed, another tribune not long after +(ουπολυ +υστεροnu;) (oupolu husteron) +abolished even the vectigalia."<span class="note">[20]</span> This +is evidently the same law which Cicero mentions as that of Spurius +Thorius and as he also mentions him in another place (<i>De +Or</i>., II, 70, 284), we may possibly accept him as the +author.</p> + +<p>There are still extant some fragments of a bronze tablet which +contains upon its smooth surface the Lex Repetundarum and has cut +upon its rough<span class="note">[21]</span> back an agrarian law. +These fragments were discovered in the 16th century among the +collections in the Museum of Cardinal<span class="note">[22]</span> +Bembo at Padua. Sigonius attempted the reconstruction of this law +and after him Haubold and Klentze, but Rudorff has completed the +reconstruction as far as possible and made the law the subject of +an interesting essay.<span class="note">[23]</span> Mommsen has a +commentary in the Corpus Inscriptionum Latinarum<span class= +"note">[24]</span> upon this law. From all these sources the date +of this law has been established almost beyond doubt as 111. +Sigonius assigned it to Spurius Thorius, and, as the name is +immaterial and<span class="note">[25]</span> his arguments moreover +for this title are not easily set aside, we can do no better than +adopt it.</p> + +<h4><i>Argument of the Lex Thoria.</i><span class= +"note">[26]</span></h4> + +<p>The law evidently consists of three parts, although the rubricae +are absent.</p> + +<p>I. De agro publico p. R. in Italia (1-43).</p> + +<p>II. De agro publico p. R. in Africa (44—95).</p> + +<p>III. De agro publico p. R. qui Corinthorum fuit (96-105).</p> + +<h4>I. On the Ager Publicus in Italy.</h4> + +<p>This part may be divided roughly into three sections: (1) Lines +1-24, defining <i>ager privatus</i>; (2) 24-32, defining <i>ager +publicus</i>; (3) 33-43, on disputed cases.</p> + +<p>It thus embraces the first forty-three lines of the law, and is +concerned with the public land of Italy, from the Rubicon +southwards. It commences by referring to the condition of this land +in the year 133, when Tiberius Gracchus was tribune. The law does +not affect to touch any thing which had been enacted concerning +this land prior to 133. It either confirms or alters what had been +done in 133, and since that time. All the public land which was +exempted from the operation of the Sempronian laws, <i>i.e.</i>, +<i>Ager Campanus</i> and <i>Ager Stellatis</i>, was also excluded +from the operation of the <i>lex Thoria</i>.</p> + +<p>(1) The first ten lines of the law relate to that part of the +ager publicus which was occupied before the time of the Gracchi, if +the amount of such land did not exceed the maximum fixed by the +Sempronian laws;</p> + +<p>(2) Also, to the assignments made by lot (<i>sortito</i>) to +Roman citizens by the commissioners since the enactment of the +Sempronian laws, if such assignments were not made out of land +which had been guaranteed to the old possessors;</p> + +<p>(3) Also, to all lands taken from an old possessor, but on his +complaint restored to him by the commissioners;</p> + +<p>(4) Also, to all houses and lands, in Rome or in other parts of +Italy, which the commissioners had granted without lot, so as such +grants did not interfere with the guaranteed title of older +possessors;</p> + +<p>(5) Also, to all the public land which Gaius Sempronius, or the +commissioners, in carrying out his law, had used in the +establishment of colonies or given to settlers, whether Roman +citizens, Latini, or Italian Socii, or which they had caused to be +entered on the "<i>formae</i>" or "<i>tabulae</i>."</p> + +<p>All the lands comprised in the above are declared in lines seven +and eight to be private property, in these words: "Ager locus omnis +quei supra scriptus est, extra eum agrum locum, quei ager locus ex +lege plebeivescito, quod C. Sempronius Ti. f. tr. pl. rogavit, +exsceptum cavitumve est nei divideretur ... privatus esto."</p> + +<p>Lines 8-10 declare that the censors shall, from time to time, +enter this land upon their books like any other private property; +and it is further declared that nothing shall be said or done in +the senate to disturb the peaceful enjoyment of this land by those +persons possessing it.</p> + +<p>Of lines 11-13 (ch. II) nothing definite can be said, because of +the few words which have been preserved.<span class= +"note">[27]</span> Rudorff explains them as referring to land +granted to <i>viasii vicani</i> (dwellers in villages along the +roads), by the Sempronian commissioners; such lands to remain in +their possession, but to be theoretically <i>ager publicus.</i></p> + +<p>Lines 13-14 refer to lands occupied since 133 <i>agri colendi +causa</i>. They allow to every Roman citizen the privilege of +occupying, for the purpose of cultivation, thirty jugera of public +land; they further declare that he who shall possess or have not +more than thirty jugera of such land, shall possess and have it as +private property,<span class="note">[28]</span> with the provision +that land so occupied shall be no part of the public land excepted +from appropriation, and further, that such occupation shall not +interfere with the guaranteed lands of a previous possessor.</p> + +<p>Lines 14-15 relate to holders of pasture land (<i>ager +compascuus</i>). This <i>ager compascuus</i> 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 (<i>scriptura</i> or +<i>vectigal</i>) to the state. The <i>Thoria lex</i> freed these +lands from the <i>vectigal</i> or <i>scriptura</i>, 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 "<i>compascua +publica</i>" with the additional title<span class= +"note">[29]</span> of the colony, as "<i>Julienses</i>."</p> + +<p>These rights of common resemble, in some respects, the English +common of pasture as described by Bracton.<span class= +"note">[30]</span> 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.</p> + +<p>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.</p> + +<p>Lines 16-17. The same rule applied to lands granted otherwise by +the same commissioners.</p> + +<p>Line 18. Such occupants if forcibly ejected to be restored.</p> + +<p>Lines 19-20. Land assigned by the Sempronian commission, in +compensation for land in a colony which had been made public, to +become private.</p> + +<p>Lines 23-24. Confirmation of the title or restitution of such +land to be made before the Ides of March next.</p> + +<p>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 <i>ager +campascuus</i>, 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 +<i>scriptura</i>, for each head.</p> + +<p>Line 26. While the cattle or sheep were driven along the +'<i>calles</i>,' or beast-tracks, and along the public roads to the +pasture grounds, no charge was made for what they consumed along +the road.</p> + +<p>Line 27. Land given in compensation out of public land, to be +<i>privatus utei quoi optuma lege</i>.</p> + +<p>Line 27. Land taken in this way from private ownership to be +<i>publicus</i>, as in 133.</p> + +<p>Lines 27-28. Land given in compensation for <i>ager patritus</i> +to be itself <i>patritus</i>.</p> + +<p>Line 28. Public roads to remain as before.</p> + +<p>Line 29. Whatever Latins and <i>peregrini</i> might do in 112, +and whatever is not forbidden citizens to do by this law, they may +do henceforward.</p> + +<p>Lines 29-30. Trial of a Latin to be the same as for a Roman +citizen.</p> + +<p>Lines 31-32. Territory (1) of borough towns or colonies (2), in +trientabulis, to be, as before, public.</p> + +<p>Lines 33-34. Cases of dispute about land made private between +133 and 111, or by this law, to be judged by the consul or praetor +before next Ides of March.</p> + +<p>Lines 35-36. Cases of dispute after this date to be tried by +consuls, praetors, or censors.</p> + +<p>Lines 36-39. Judgment on money owing to publicani to be given by +consuls, proconsuls, praetors or propraetors.</p> + +<p>Line 40. No one to be prejudiced by refusing to swear to laws +contrary to this law.</p> + +<p>Lines 41-42. No one to be prejudiced by refusing to obey laws +contrary to this law.</p> + +<p>Lines 43-44. On the colony of Sipontum (?).</p> + +<p>Thus we see that the <i>lex Thoria</i> had two main objects in +view: (1) The guaranteeing to possessors full property in the land +which they occupied. (2) The freeing from <i>vectigal</i> or +<i>scriptura</i> the property of every one.</p> + +<p>In this way was the reaction of the aristocracy completed. It +left nothing of the Sempronian law. Appian<span class= +"note">[31]</span> has fully comprehended all this, and, in his +enumeration of the three laws, connection between which he +indicates, we see clearly the entire revolutionary system, +conducted, we must admit, with a rare address and a perfidy which +rendered the effect certain. The aristocracy did not rest. As soon +as they had gained the people by their new bait of money and food, +soothed them by their apparent generosity, and familiarized them +with the idea that the <i>possessions</i> of the nobles were not +only legally acquired but inviolable, then they raised the mask, +and by a bold step swept away the <i>vectigal</i>,<span class= +"note">[32]</span> thus leaving their property free. The enactment +of this law virtually closed the long struggle between patrician +and plebeian over the public lands of Rome, and left them as full +property in the hands of the rich nobility. The results could +hardly have been otherwise. Sumptuary laws, false economic +principles, had closed all channels<span class="note">[33]</span> +of trade and manufacture to the nobility, while conquest had filled +their hands with gold and placed at their disposal vast +numbers<span class="note">[34]</span> of slaves. There was but one +channel open for the investment of this gold,—the +agrarian.<span class="note">[35]</span> Farming and cattle-raising +were the only occupations in which slaves could be used with +advantage and so, as a natural result of Roman economics, the +plebeian, with little or no money and subject to the military call, +was compelled to enter into a one-sided contest with capital and +slave labor. So long as these conditions existed so long would all +the laws of the world fail to save him from abject poverty and its +attendant evils.</p> + +<ul class="none"> +<li>[Footnote 1: Rudorff, <i>Ackergesetz des Spurius Thorius</i>, +Zeitschrift für geschichtliche Rechtswissenschaft, Band X, s. +1-158. Corpus Inscriptionum Latinarum, vol. V, pp. 75-86. +Wordsworth, <i>Specimens and Fragments of Early Latin</i>, +440-459.]</li> + +<li>[Footnote 2: Appian, <i>Bell. Civ.</i>, I, c. 27.]</li> + +<li>[Footnote 3: Ihne, <i>Roman History</i>, V, 9.]</li> + +<li>[Footnote 4: Momm., <i>Rom. Hist.</i>, III, 165.]</li> + +<li>[Footnote 5: Long, <i>Decline of the Rom. Rep.</i>, I, 352. See +Lange, <i>Röm. Alter.</i>, III, 48.]</li> + +<li>[Footnote 6: Long, <i>loc. cit.</i>]</li> + +<li>[Footnote 7: Momm., III, 161; Ihne, V, 10.]</li> + +<li>[Footnote 8: Long, <i>loc. cit.</i>]</li> + +<li>[Footnote 9: Lange, III, 48-49; Marquardt u. Momm., IV, +108.]</li> + +<li>[Footnote 10: Long, <i>loc. cit.</i> Momm., III, 167-168; Ihne, +V, 8-10.]</li> + +<li>[Footnote 11: Appian, I, c. 27.]</li> + +<li>[Footnote 12: Long, I, 353.]</li> + +<li>[Footnote 13: Long, I, 354.]</li> + +<li>[Footnote 14: Ihne, V, 10-11.]</li> + +<li>[Footnote 15: Long, I, 353; Wordsworth, 440; Momm., III, 165, +note; Ihne, V, 9; Lange, III, 48; Appian, I, c. 27.]</li> + +<li>[Footnote 16: Cicero, <i>Brut.</i>, 36.]</li> + +<li>[Footnote 17: Cicero, <i>De Orat.</i>, II, 70.]</li> + +<li>[Footnote 18: Marquardt u. Momm., <i>Röm. Alter.</i>, IV, +108, n. 4; Wordsworth, 441.]</li> + +<li>[Footnote 19: Corpus Inscriptionum Latinarum, vol. I, p. +74.]</li> + +<li>[Footnote 20: Appian, I, c. 27.]</li> + +<li>[Footnote 21: Long, I, 355; Wordsworth, 440.]</li> + +<li>[Footnote 22: Long, I, 355; Wordsworth, 440; See Rudorff, Ack. +des Sp. Thor.]</li> + +<li>[Footnote 23: Zeitschrift für geschichtliche +Rechtswissenschaft, Band X, s. 1-194.]</li> + +<li>[Footnote 24: C.I.L., I, pp. 75-86.]</li> + +<li>[Footnote 25: Long, I, 356.]</li> + +<li>[Footnote 26: Wordsworth, 447. See the text of this law in +C.I.L., vol. I, pp. 79-80.]</li> + +<li>[Footnote 27: Long, I, 359.]</li> + +<li>[Footnote 28: "Quom quis ceivis Romanus agri colendi causa in +eum agrum agri jugera non amplius xxx possidebit habebitue, is ager +privatus esto."]</li> + +<li>[Footnote 29: Long, <i>loc. cit.</i>; Wordsworth, 446.]</li> + +<li>[Footnote 30: Digby, <i>History of the Law of Real Property in +England</i>, p. 157.]</li> + +<li>[Footnote 31: Long, I, 357.]</li> + +<li>[Footnote 32: Appian, I, c. 27.]</li> + +<li>[Footnote 33: Long, <i>loc. cit.</i>; Ihne, <i>loc. +cit.</i>]</li> + +<li>[Footnote 34: Ihne, <i>loc. cit.</i>; Long, <i>loc. +cit.</i>]</li> + +<li>[Footnote 35: Momm., <i>loc. cit.</i>]</li> +</ul> + +<br /> +<br /> +<br /> +<h4><a name="III14">SEC. 14.</a>—AGRARIAN MOVEMENTS BETWEEN +111 AND 86.</h4> + +<br /> +<p>In the year following the enactment of the <i>lex Thoria</i>, +or, by some other authorities, in 105, an agrarian law was proposed +by a tribune named Marcus Philippus. Cicero is the only writer who +mentions it, and he has given us no information concerning its +tendency and dispositions. We only know from him that it was +rejected.<span class="note">[1]</span> Probably the whole thing was +merely a political ruse in order to gain an election or to be +handsomely bought off by the nobility. It, however, presents one +point of interest to us. The introduction of the bill was preceded +by a speech, in which the tribune, in justifying his undertaking, +affirmed that there were not two thousand citizens who had wealth. +Cicero has made no attempt to refute this, and must, therefore, +have judged it true. It reveals the fact that Rome was in a +deplorable condition.</p> + +<p>In chronological order the first agrarian law after the vain +attempt of Philippus was that of Lucius Appuleius Saturninus. In +the year 100, he brought forward a bill for the distribution of +land in Africa<span class="note">[2]</span> to the soldiers of +Marius. Each soldier was to receive one hundred jugera of land. No +distinction was to be made between Roman and Latin. This bill +received the sanction of the assembly and became a law, but force +was the chief instrumentality in bringing this about. This law, so +far as can be ascertained, was never enforced, so that when the +same man, three years later, brought forward another agrarian bill, +he took the precaution to add a clause binding every senator, under +heavy penalty, to confirm the law by the most solemn oath.<span +class="note">[3]</span> The first law was enacted in order to +provide the soldiers of Marius with suitable farms when they +returned from the campaign in Numidia. The author doubtless acted +with the aid and hearty coöperation of Marius. When Saturninus +brought forward his second bill, Marius<span class= +"note">[4]</span> had returned from the north as the hero of Aquae +Sextiae and was present to help. The nobility as one man opposed +the scheme; the town-people were the clients of the rich. If +Marius<span class="note">[5]</span> and Saturninus were to succeed, +it must be by the aid of the country burgess and the soldier. With +the legions that fought at Vercellae drawn up in the town, amid +riot and bloodshed, the assembly passed the bill. The senate, +together with Marius himself, for a time demurred from taking the +oath. Finally,<span class="note">[6]</span> at the instigation of +"the man from the ranks," who had come to the conclusion that it +was best to subscribe, all save one, Metellus, took the oath. The +law enacted that assignments of land in the country of the Gauls, +in Sicily, Achaia, and Macedonia, should be made; that colonies +should be established, and that Marius should be the head of the +commission entrusted with the establishment of all these +settlements.<span class="note">[7]</span> These colonies were to +consist of Roman citizens; and, in order that Latini,<span class= +"note">[8]</span> their companions in arms, might participate in +the grants, Marius was invested with power to bestow the franchise +upon a certain number of these. But no one of these colonies was +ever founded. The only colony of the year 100 was Eporedia<span +class="note">[9]</span> (Ivrea), in the northwestern Alps, and it +is not likely that this was established in accordance with the +provisions of the enactment. The law was to take effect in 99, and +a change of party took place before that time which sent Marius +into practical banishment and rewarded his partisan, Saturninus, +with death. The optimates who were now in office paid no attention +to the law, and the senators forgot their oath. Another injury is +added to the many which the Latini had suffered.</p> + +<p>In the year 99, <i>i.e.</i>, in the year following the death of +Saturninus, an agrarian law was proposed by the tribune Titius, but +we know nothing of its conditions. Cicero is the only writer who +mentions it and even his text is doubtful.<span class= +"note">[10]</span> According to one of his statements Titius was +banished because he had preserved a portrait of Saturninus, and the +knights deemed him for this reason a seditious citizen. Valerius +Maximus, who without doubt borrowed his facts from Cicero, states +that "Titius had rendered himself dear to the people by having<span +class="note">[11]</span> brought forward an agrarian law." Cicero +mentions in another place, the <i>lex Titia</i><span class= +"note">[12]</span> upon the same page as the <i>lex Saturnina</i> +and implies that it had been enacted. If so it was disregarded and +thus rendered void.</p> + +<p>In 91 an agrarian law was proposed by Livius Drusus, the son of +the adversary of Gaius Gracchus, and, with his new judiciary, the +measure was carried and became a law.<span class="note">[13]</span> +The Italians were embraced in this law and were to have equal +rights with Roman citizens, but Drusus died before he had time to +carry his law into execution, and his law died with him.</p> + +<ul class="none"> +<li>[Footnote 1: Cic., <i>De Off.</i>, II, 21.]</li> + +<li>[Footnote 2: Lucius Appuleius Saturninus, tribunus plebis +seditiosus ut gratiam Marianorum militum pararet, legem tulit ut +veteranis centena agri jugera in Africa dividerentur.... Siciliam, +Achaiam, Macedoniam novis colonis destinavit; et aurum, dolo an +scelere, Caepionis partum, ad emtionem agrorum convertit. Aurel. +Victor. De Vir. Illus., 73.]</li> + +<li>[Footnote 3: App., I, 29; Plutarch, <i>Marius</i>, 29.]</li> + +<li>[Footnote 4: Plutarch, <i>Marius</i>, <i>loc. cit.</i>]</li> + +<li>[Footnote 5: App., <i>Bell. Civ.</i>, I, 30-33.]</li> + +<li>[Footnote 6: App., <i>loc. cit.</i>]</li> + +<li>[Footnote 7: Aurelius Victor, 73.]</li> + +<li>[Footnote 8: Cicero, <i>De Orat.</i>, II, c. 7, I; <i>pro +Balbo</i>, XIV; <i>pro Rabirio</i>, XI.]</li> + +<li>[Footnote 9: Long, I.]</li> + +<li>[Footnote 10: Cicero, <i>Pro Rabirio</i>, 9.]</li> + +<li>[Footnote 11: Val. Max., VIII, 1, §2: "Sext. Titius... +agraria lege lata gratiosus apud populum."]</li> + +<li>[Footnote 12: <i>De Legibus</i>, II, 6. <i>De Orat.</i>, II, +11.]</li> + +<li>[Footnote 13: Ihne, V, 176-186; App., I, 35; Val. Max., IX, 5, +2: Cicero, <i>De Orat.</i>, III, 1; Livy, <i>Epit.</i>, 71.]</li> +</ul> + +<br /> +<br /> +<br /> +<h4><a name="III15">SEC. 15.</a>—EFFECT OF THE SULLAN +REVOLUTION.</h4> + +<br /> +<p>As soon as Sulla found himself established, he caused a bill to +pass the Comitia Centuriata by means of which he was empowered to +inflict punishment upon certain Italian communities. For the +accomplishment of this purpose commissioners were appointed to +coöperate with the garrisons established throughout all Italy. +The less guilty were required to pay fines, pull down their walls, +and raze their citadels.<span class="note">[1]</span> Those that +had been guilty of continued opposition, as Samnium, Lucania, and +Etruria, had their territory in whole or in part confiscated, their +municipal rights cancelled, immunities taken from them, which had +been granted by old treaties, and the Roman franchise,<span class= +"note">[2]</span> which they had been granted by the Cinnan +government, annulled. Such persons received, instead, the lowest +Latin rights which did not even imply membership in any community +and rendered them destitute of civic constitution and the right of +making a testament.<span class="note">[3]</span> This latter +treatment applied only to those whose land was confiscated. Thus +Sulla vindicated the majesty of the Republic and at the time +avoided furnishing his enemies with a nucleus in Italian +communities. In Campania, the democratic colony established at +Capua by Cinna<span class="note">[4]</span> was done away with and +the domain given back to the state, thus becoming <i>ager +publicus</i>. The whole territory of Praeneste and Norba in Latium, +and Spoletium in Umbria was confiscated. The town of Sulmo in +Pelignium was razed. But more direful than all this was the +punishment which fell upon Etruria<span class="note">[5]</span> and +Samnium. These people had marched upon Rome and, with the avowed +determination of exterminating the Roman people, had engaged in +battle at the Colline gate. They were utterly destroyed and their +country left desolate. The territory of Samnium was not even opened +up for settlement, but left as a lair for wild beasts. Henceforth +from the Rubicon to the Straits of Sicily there were to be none but +Romans; the laws and the language of the whole peninsula were to be +the laws<span class="note">[6]</span> and the language of Rome.</p> + +<p>To accomplish such an object as this, it was not enough to +destroy and make desolate, it became necessary to repopulate the +waste places and rebuild that which had been torn down. Roman +citizens had to be sent as colonists into the desolate regions. +Sulla, accordingly, undertook to carry out his plans of +colonization, the grandest and most comprehensive which Rome had +ever seen, and which indeed have had no parallel in history till +the settlement of the north of Ireland by Cromwell and William III. +The arrangements as to the property of the Italian soil placed at +the disposal of Sulla<span class="note">[7]</span> all the Roman +domain lands which had been placed in usufruct to the allied +communities, and which now reverted to the Roman government. It +also placed at his disposal all the confiscated territories of the +communities incurring punishment. Upon these territories he +established military colonies, and thus obtained a three-fold +result.<span class="note">[8]</span> He remunerated his soldiers +for the faithful service rendered him in long years of toil and +danger. He repeopled the regions desolated by war (except Samnium). +He provided a military protection for himself and the new +constitution which he established.</p> + +<p>Most of his new settlements were directed to Etruria, Faesulae +and Arretium being among the number; others, to Latium<span class= +"note">[9]</span> and Campania, where Praeneste and Pompeii became +Sullan colonies. A great part of these colonies were, after the +Gracchan manner, merely grafted upon town-communities already +existing. The comprehensiveness of these settlements may be seen in +this fact that 20,000 allotments were<span class="note">[10]</span> +made in different parts of Italy. Notwithstanding this vast +disposal of territory, Sulla gave lands to the temple of Diana at +Mt. Tifata, while the territory of Volaterrae and Arretium remained +undisturbed. He also revived the old plan of occupation which had +been legally forbidden in the year 118. Many of Sulla's intimate +friends availed themselves of this method of becoming masters of +large estates.</p> + +<ul class="none"> +<li>[Footnote 1: App., <i>Bell Civ.</i>, I, 94-100; Livy, +<i>Epit.</i>, 89. Plutarch, <i>Life of Sulla.</i>]</li> + +<li>[Footnote 2: Ihne, V, 391.]</li> + +<li>[Footnote 3: Momm., III, 428, note. See article on Sulla, in +Brittannica.]</li> + +<li>[Footnote 4: Momm., III, 401.]</li> + +<li>[Footnote 5: Momm., III, 429; Ihne, V, 392; Long.]</li> + +<li>[Footnote 6: Momm., III, 429.]</li> + +<li>[Footnote 7: Momm., <i>loc. cit.</i>; Ihne, V, 391-395.]</li> + +<li>[Footnote 8: Momm., III, 429.]</li> + +<li>[Footnote 9: Momm., III, 430; Marquardt u. Momm., <i>Röm. +Alter.</i>, IV, 111, totam Italiam suis praesidiis obsidere atque +ocupare; Cicero, <i>De Leg. Agr.</i>, 2, 28, 75.]</li> + +<li>[Footnote 10: App., I, 100; Cicero, <i>De Legibus Agrariis</i>, +II, 28, 78; Ihne, V, 394; Marquardt u. Momm., IV, 111; Zumpt, +<i>Comm. Epigr.</i>, 242-246; Cicero, <i>Ad Att.</i>, I, 19, 4: +"Volaterranos et Arretinos, quorum agrum Sulla publicarat."]</li> +</ul> + +<br /> +<br /> +<br /> +<h4><a name="III16">SEC. 16.</a>—AGRARIAN MOVEMENTS BETWEEN +86 AND 59.</h4> + +<br /> +<p>The first agrarian movement after the Sullan Revolution was that +inaugurated by the tribune Rullus. This has become the most famous +of all the agrarian laws because of the speeches made against it by +the great adversary of Rullus, Cicero, who succeeded in defeating +the measure by reason of his brilliant rhetoric. Plutarch<span +class="note">[1]</span> has thus analyzed this proposition. "The +tribunes of the people proposed dangerous innovations; they +demanded the establishment of ten magistrates with absolute power, +who, while disposing, as masters, of Italy, Syria, and the new +conquests of Pompey, should have the right to sell the public +lands; to prosecute those whom they wished; to banish; to establish +colonies; to draw upon the public treasury for whatever money they +had need; to levy and maintain what troops they deemed necessary. +The concession of so widely extended power gained for the support +of the law the most powerful men in Rome. The colleague of Cicero, +Antonius, was one of the first to favor it, in the hope of being +one of the decemvirs. Cicero opposed the new law in the senate and +his eloquence so completely overpowered even the tribunes that they +had not one word to reply. But they returned to the charge and +having gained the support of the people, they brought the matter +before the tribes. Cicero was in no way alarmed; he left the +senate, appeared on the rostrum before the people and spoke with so +great force that he not only caused the law to be rejected but took +from the tribunes all hope of being successful in similar +enterprises."</p> + +<p>In 61 we find Cicero advocating a bill similar in nature to the +one he had so brilliantly combatted in 64. In the last instance, +however, the law was proposed by Pompey, and in favor of Pompey's +soldiers and that made all difference to a man who ever curried +favor with the great. Flavius, who proposed this law, was but the +creature of Pompey. Cicero has made known to us, in one of his +letters to Atticus, the conditions of the law which Flavius +proposed and the modifications which he himself wished to apply to +it. Flavius proposed to distribute lands both to the soldiers of +Pompey and the people; to establish colonies; to use for the +purchase of the lands for colonization, the subsidies which should +accrue in five years, from the recently conquered territories.<span +class="note">[2]</span> The senate rejected this law entirely, in +the same spirit of opposition which it had shown to all agrarian +laws, probably thinking that Pompey would thereby obtain too great +an increase of power.<span class="note">[3]</span> This was the +last attempt at agrarian legislation until the year 59, when Julius +Caesar enacted his famous law.</p> + +<ul class="none"> +<li>[Footnote 1: Plutarch, <i>Cicero</i>, 16-17.]</li> + +<li>[Footnote 2: Cicero, <i>Ad. Att.</i>, I, 19.]</li> + +<li>[Footnote 3: Ibid.: "Huic toti rationi agrariae senatus +adversabatur, suspicans Pompeio novam quamdam potentiam +quaeri."]</li> +</ul> + +<br /> +<br /> +<br /> +<h4><a name="III17">SEC. 17.</a>—LEX JULIA AGRARIA.</h4> + +<br /> +<p>During the first consulship of Caius Julius Cæsar, he +brought forward an agrarian<span class="note">[1]</span> bill at +the instigation of his confederates. The main object of this bill +was to furnish land to the Asiatic army<span class= +"note">[2]</span> of Pompey, In fine, this bill was little more +than a renewal of a bill presented by Pompey the previous year +(58), but rejected. Appian gives the following account of this +bill: "As soon as Cæsar and Bibulus<span class= +"note">[3]</span> (his colleague) entered on the consulship, they +began to quarrel and to make preparation to support their parties +by force. But Cæsar who possessed great powers of +dissimulation, addressed Bibulus in the senate and urged him to +unanimity on the ground that their disputes would damage the public +interests. Having in this way obtained credit for peaceable +intentions, he threw Bibulus off his guard, who had no suspicion of +what was going on, while Cæsar, meanwhile, was marshalling a +strong force, and introducing into the senate laws for favoring the +poor, under which he proposed to distribute land among them and the +best land in Italy, that about<span class="note">[4]</span> Capua +which at the present time was let on public account.<span class= +"note">[5]</span> He proposed to distribute this land among heads +of families who had three children, by which measure he could gain +the good will of a large multitude, for the number of those who had +three children was 20,000. This proposal met with opposition from +many of the senators, and Cæsar, pretending to be much vexed +at their unfair behavior, left the house and never called the +senate together again during the remainder of his consulship, but +addressed the people from the rostra. He, in the presence of the +assembly, asked the opinion of Pompeius and Crassus, both of them +approving, and the people came to vote on them (the bills), with +concealed daggers. Now as the <span class="note">[6]</span> was not +convened, for one consul could not summon the senate without the +consent of the other consul, the senators used to meet at the house +of Bibulus, but they could make no real opposition to Cæsar's +power.... Now Cæsar secured the enactment of the laws, and +bound the people by an oath to the perpetual observance of them, +and he required the same oath from the senate. As many of the +senators opposed him, and among them Cato, Cæsar proposed +death as a penalty for not taking the oath and the assembly +ratified this proposal. Upon this all took the oath immediately +because of fear, and the tribunes also took it, for there was no +longer any use in making opposition after the proposal was +ratified."</p> + +<p>This agrarian law did not affect the existing rights of property +and heritable possession. It destined for distribution only the +Italian domain land, that is to say, merely the territory of Capua, +as this was all that belonged to the state.<span class= +"note">[7]</span> If this was not enough to satisfy the demand, +other Italian lands were to be bought out of the revenue from the +eastern provinces at the taxable value rated in the censorial +rolls. The number of persons settled on the <i>Campanus ager</i> is +said<span class="note">[8]</span> to have been 20,000 citizens who +had each three children or more. The land was not distributed by +lot, but at the pleasure of the commissioners, each one receiving +some 30 jugera.<span class="note">[9]</span> If 20,000 heads of +families with their wives and three children in each family were +settled in Campania, the whole number of settlers would be 100,000. +This great number could scarcely leave Rome at one time, and we +find that as late as 51 the land was not all assigned.<span class= +"note">[10]</span> While the tenor of the law does not imply that +it was the intention to reward military service with grants of +land, yet we may be sure that the veterans of Pompey were not +forgotten.<span class="note">[11]</span> There are no extant +authorities which speak of the settlement of the Campanian land +that say any thing about the soldiers settled there, unless it be +Cicero. He speaks of the Campanian territory being taken out of the +class that contributed a revenue to the state in order that it +might be given to soldiers,<span class="note">[12]</span> and he +appears to refer to this time (59). Mommsen says that "the old +soldiers as well as the temporary lessees to be ejected were simply +recommended to the special consideration of the land +distributors."<span class="note">[13]</span> These latter were a +commission of twenty appointed by the state. Cæsar, at his +own request, was excused from serving, but Pompey and Crassus were +the chief ones, thus furnishing sufficient reason for supposing +that the soldier was provided for. The passage of this bill +amounted in substance to the reëstablishment of the democratic +colony founded by Marius and Cinna and afterwards abolished by +Sulla.<span class="note">[14]</span> Capua now became a Roman +colony after having had no municipal constitution for one hundred +and fifty-two years, when the city with all its dependencies was +made a prefecture administered by a prefect of Rome. The revenues +from this district were doubtless no longer needed, as those from +Pontus and Syria<span class="note">[15]</span> supplied all the +needs of the government, but it is difficult to see what benefit +could be reaped from the ejection of the thrifty farmers who, as +tenants of the state, cultivated this territory and paid their +rents regularly into the state coffers. Wherever the new settlers +were brought in, the old cultivators were turned out. No ancient +writer says anything about the condition of these people. Cicero, +in his second speech upon the land bill of Rullus, when speaking of +the consequences that would follow its enactment, declared that if +the Campanian cultivators were ejected they would have no place to +go, and he truly says that such a measure would not be a settlement +of plebeians upon the land, but an ejection and expulsion of them +from it.<span class="note">[16]</span></p> + +<p>Did it pay to send out a swarm of 100,000 idle paupers<span +class="note">[17]</span> who, for two generations, had been fed at +the public charge from the corn-bins of Rome, simply in order that +a like number of honest peasants, who had been not only +self-supporting but had paid a large part of the Roman revenue, +should be compelled to sacrifice their goods in a glutted market +and become debauched and idle?</p> + +<ul class="none"> +<li>[Footnote 1: Livy, <i>Epit.</i>, 103.]</li> + +<li>[Footnote 2: Momm., IV, 244.]</li> + +<li>[Footnote 3: App., <i>Bell. Civ.</i>, II, c. 10.]</li> + +<li>[Footnote <a href="#17-4">4</a>: Compare Dio Cassius, Bk., +XXXVIII, c. 1: "Την δε +χωραν την δε +κοινην +απασαν πλην +της +Καμπανιδος +ενεμε +ταυτην γαρ +εν τω +δημοσιω +εζαιρετον +δια την +αρετην +συνεβουλευσεν +ειναι."<br /> + (Compare Dio Cassius, Bk., XXXVIII, c. 1: "Taen de choran taen de +koinaen hapasan plaen taes Kampanidos eneme, tautaen gar en to +daemosio ezaireton dia taen aretaen synebouleusen einai.)"]</li> + +<li>[Footnote 5: Compare Suetonius' <i>Cæsar</i>, c. 20: +"Campum Stellatem, majoribus consecratum, agrumque Campanum, ad +subsidea reipublicae (sic) vectigalem relictum."]</li> + +<li>[Footnote 6: App., II, c. 11.]</li> + +<li>[Footnote 7: App., II, c. 20, and Suetonius, <i>Julius +Caesar</i>, c. 20.]</li> + +<li>[Footnote 8: Suetonius, <i>loc. cit.</i>]</li> + +<li>[Footnote 9: Lange, <i>Röm. Alter.</i>, III, 273.]</li> + +<li>[Footnote 10: Cicero, <i>ad. Att.</i>, VIII, 4.]</li> + +<li>[Footnote 11: Dion Cassius, 45, c. 12; Cicero, <i>ad Att.</i>, +X, 8.]</li> + +<li>[Footnote 12: Cicero, <i>Phil.</i>, II, 39: "agrum Campanum, +qui cum de vectigalibus eximebatur, ut militibus daretur." +Marquardt u. Momm., <i>Röm. Alter.</i>, IV, 114.]</li> + +<li>[Footnote 13: Momm., IV. 244.]</li> + +<li>[Footnote 14: Momm., III, 392, 428.]</li> + +<li>[Footnote 15: Momm., III, 392, 428.]</li> + +<li>[Footnote 16: Cicero, <i>Rul.</i>, II, c. 31.]</li> + +<li>[Footnote 17: Cicero, <i>Phil.</i>, II, 17.]</li> +</ul> + +<br /> +<br /> +<br /> +<h4><a name="III18">SEC. 18.</a>—DISTRIBUTION OF LAND AFTER +THE CIVIL WAR BETWEEN CÆSAR AND POMPEY.</h4> + +<br /> +<p>After Pompey had been vanquished at Pharsalia, and the +republicans in Africa, Cæsar proceeded to distribute lands to +his soldiers in accordance with his promise to give them lands, +"not by taking them from their proprietors as Sulla did; not by +mixing colonists with citizens despoiled of their goods and thus +breeding perpetual strife,—but by dividing both public land +and his own private property,<span class="note">[1]</span> and, if +this were not sufficient, by buying what was needed." Appian says +that Caesar did not succeed in carrying out these promises in full, +but that veterans were in some cases settled upon lands legally +belonging to others.<span class="note">[2]</span> However, his +soldiers were not huddled together like those of Sulla, in military +colonies of their own, but when they settled in Italy they were +scattered<span class="note">[3]</span> as much as possible +throughout the entire peninsula in order to make them more easily +amenable to the laws.<span class="note">[4]</span> In Campania, +where Cæsar had lands at his disposal, the soldiers were +settled in colonies, and so, close together. According to a letter +of Cicero to Paetus, among the lands distributed were those of Veii +and Capena. Historians have estimated that there were 100,000 +soldiers who received lands in Italy by this distribution.</p> + +<ul class="none"> +<li>[Footnote 1: App., 94.]</li> + +<li>[Footnote 2: App., II, 120.]</li> + +<li>[Footnote 3: Long; Momm.]</li> + +<li>[Footnote 4: Suetonius, <i>Julius Cæsar</i>, 38.]</li> +</ul> + +<br /> +<br /> +<br /> +<h4><a name="III19">SEC. 19.</a>—DISTRIBUTIONS FROM THE DEATH +OF CÆSAR TO THE TIME OF AUGUSTUS.</h4> + +<br /> +<p>The <a name="III19a">death of Cæsar</a> in no way stopped +the assignment of lands, but rather rendered all possession of land +in Italy unsafe. A few weeks after his death two new laws were +promulgated, one by the tribune, Lucius Antonius,<span class= +"note">[1]</span> a <i>lex agraria</i>, and the other the <i>lex de +colonis in agros deducendis</i> by the consul Marcus Antonius. The +first was enacted on the 5th of June,<span class="note">[2]</span> +and ordered that all the <i>ager publicus</i> still at the disposal +of the state, including the Pomptine marshes which Cæsar had +at one time planned to drain, but had not, be divided among the +veterans and citizens. It was abrogated by a <i>senatus +consultum</i> of the 4th of January, 43,<span class= +"note">[3]</span> but was nevertheless carried into execution +almost immediately with great relentlessness towards the +enemies<span class="note">[4]</span> of Antonius. The second, the +<i>Lex Antonia</i>, perished in April of 44, and had as a result +the establishment of a colony near Casilinum,<span class= +"note">[5]</span> which Cæsar had already colonized; the +remainder of the domain lands, the <i>ager Campanus</i> and <i>ager +Leontinus</i>, was converted into a reward for the supporters of +Antonius.<span class="note">[6]</span> This was also set aside by +the new law of the consul C. Vibius Pansa, in February, 43.<span +class="note">[7]</span></p> + +<p><i><a name="III19c">Second Triumvirate</a>.</i> When Antony, +Lepidus, and Octavius were reconciled, thus forming the second +triumvirate, the treaty sanctioning this new state of affairs +stipulated, in favor of the soldiers, a new distribution of lands, +<i>i.e.</i>, a new agrarian law; Appian says:—"In order to +increase the zeal of the army, the triumvirs promised to the +soldiers, independent<span class="note">[8]</span> of other results +of victory and a gratuity of colonies, 18 Italian towns, important +by means of their wealth and the richness of their lands. These +were divided among the soldiers with their lands and buildings, as +conquered towns. Among the number were Capua, Rhegium, Venusia, +Beneventum, Nuceria and Vibo. Thus the most beautiful part of Italy +became the prey of the soldiers."</p> + +<p>Dion Cassius, Suetonius and Velleius Paterculus all mention +these assignments. After the battle of Philippi and the defeat and +death of Brutus and Cassius, 170,000 men were provided for, in +accordance with these promises, out of the goods of the proscribed +and the lands confiscated to the state. The lands of the towns +mentioned in Appian were taken under the form of a forced sale, but +the purchase money was never paid owing to the bankrupt condition +of the treasury.</p> + +<p>If we examine into the nature of these agrarian laws since the +death of Julius Caesar, we shall find that they differ in all +respects from previous enactments:</p> + +<p>1. They were executed at the expense not only of public domains +but also of private property.</p> + +<p>2. They were the work of one man and not of the entire +people.</p> + +<p>3. The name of the people was never mentioned in these laws; +they were enacted wholly for the profit of the soldiery. Before the +distributions made by the triumvirate, the public lands had been +absorbed, or at least the fragments remaining were in no way +sufficient to recompense the service of the veterans.</p> + +<p>Upon the establishment of the empire, the public lands became a +vast manorial estate whose over-lord was the emperor himself.</p> + +<ul class="none"> +<li>[Footnote 1: L. Langii, Commentationis de Legibus Antoniis a +Cicerone Phil., V, 4, 10; Commemoratis particula prior et +posterior; Lipsiae, 1882; Lange, <i>Röm. Alter.</i>, III, 499, +503, 526; Marquardt u. Momm., <i>Röm. Alter.</i>, IV, +116.]</li> + +<li>[Footnote 2: Lange, <i>Comm.</i>, II, 14.]</li> + +<li>[Footnote 3: Cicero, <i>Phil.</i>, VI, 5, 14; XI, 6, 13.]</li> + +<li>[Footnote 4: <i>Phil.</i>, V, 7, 20.]</li> + +<li>[Footnote 5: Langii, <i>Comm.</i>, II, 14.]</li> + +<li>[Footnote 6: Cic., <i>Phil.</i>, II, 17, 43; II, 39, 101; III, +9, 22; VIII, 8, 26; Dio Cass., 45, 30; 46, S.]</li> + +<li>[Footnote 7: Cic., <i>Phil.</i>, V, 4, 10; V, 19, 53; X, 8, 17; +VIII, 15, 31.]</li> + +<li>[Footnote <a href="#19-8">8</a>: +Δοσεσι των +Ιταλικων +πολεων +οκτωκαιδεκα +... ωσπερ +αυτοις αντι +της +πολεμιας +δοριλημπτοι +γενομεναι .... +Ουτω μεν τα +καλλιστα +της Ιταλιας +τω στρατω +διεγρεφον.<br /> + ("Dosesi ton Italikon poleon oktokaideka ... osper autois anti +taes polemias dorilaeptoi genomenai.... Outo men ta kallista taes +Italias to strato diegrephon.") App., IV, 3.]</li> +</ul> + +<br /> +<br /> +<br /> +<br /> +<h4>FINIS.</h4> + +<br /> +<br /> +<br /> +<br /> +<br /> +<br /> +<h3><a name="CA">COMPILER'S APPENDIX</a></h3> + +<h4>Images of the original, accented, Greek quotations</h4> + +<ul class="none"> +<li>Sec. <a name="3-17">3</a>., Footnote 17: Aristotle, +<i>Polit.</i>, <img src="ragimages/017b1.gif" width="714" height= +"50" alt="" border="0" /><br /> +<br /> +</li> + +<li>Sec. <a name="4-5">4</a>., Footnote 5,<br /> +<img src="ragimages/020a1.gif" width="261" height="27" alt="" +border="0" /><br /> +<br /> +</li> + +<li>Sec. <a name="5-1">5</a>., Footnote 1,<br /> +<img src="ragimages/024b1.gif" width="646" height="48" alt="" +border="0" /><br /> +<br /> +</li> + +<li>Sec. <a name="5-9">5</a>., Footnote 9,<br /> +<img src="ragimages/025c.gif" width="668" height="50" alt="" +border="0" /><br /> +<br /> +</li> + +<li>Sec., <a name="6-9">6</a>., Footnote 9,<br /> +<img src="ragimages/028b1.gif" width="640" height="50" alt="" +border="0" /><br /> +<br /> +</li> + +<li>Sec. <a name="6-19">6</a>., Footnote 19,<br /> +<img src="ragimages/031a1.gif" width="221" height="25" alt="" +border="0" /><br /> +<br /> +</li> + +<li>Sec. <a name="7-26">7</a>., Footnote 26,<br /> +<img src="ragimages/045a1.gif" width="433" height="25" alt="" +border="0" /><br /> +<br /> +</li> + +<li>Sec. <a name="11-2">11</a>., Footnote 2,<br /> +<img src="ragimages/069a1.gif" width="482" height="25" alt="" +border="0" /><br /> +<br /> +</li> + +<li>Sec. <a name="11-6">11</a>., Footnote 6,<br /> +<img src="ragimages/070b1.gif" width="682" height="125" alt="" +border="0" /><br /> +<br /> +<img src="ragimages/070-1-2a.gif" width="300" height="25" alt="" +border="0" /><br /> +<br /> +</li> + +<li>Sec. <a name="13">13</a>.,<br /> +<img src="ragimages/081a1.gif" width="62" height="25" alt="" +border="0" /><br /> +<br /> +</li> + +<li>Sec. <a name="17-4">17</a>., Footnote 4,<br /> +<img src="ragimages/095b1.gif" width="585" height="50" alt="" +border="0" /><br /> +<br /> +</li> + +<li>Sec. <a name="19-8">19</a>., Footnote 8,<br /> +<img src="ragimages/100a1.gif" width="696" height="75" alt="" +border="0" /><br /> +<br /> +</li> +</ul> + +<br /> +<br /> +<br /> +<br /> +<br /> +<br /> +<br /> +<br /> +<br /> +<br /> +<br /> +<br /> +<br /> +<br /> +<br /> +<br /> +<br /> +<br /> +<br /> +<br /> +<br /> +<br /> +<br /> +<br /> +<br /> + + + + + + + +<pre> + + + + + +End of the Project Gutenberg EBook of Public Lands and Agrarian Laws of the +Roman Republic, by Andrew Stephenson + +*** END OF THIS PROJECT GUTENBERG EBOOK PUBLIC LANDS AND AGRARIAN *** + +***** This file should be named 12638-h.htm or 12638-h.zip ***** +This and all associated files of various formats will be found in: + https://www.gutenberg.org/1/2/6/3/12638/ + +Produced by Juliet Sutherland, Lesley Halamek and PG Distributed +Proofreaders + + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. 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