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+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
+
+
+
+
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+
+
+JOHNS HOPKINS UNIVERSITY STUDIES
+IN
+HISTORICAL AND POLITICAL SCIENCE
+
+HERBERT B. ADAMS, Editor
+
+
+       *       *       *       *       *
+
+History is past Politics and Politics present History--_Freeman_
+
+       *       *       *       *       *
+
+
+NINTH SERIES
+VII-VIII
+
+PUBLIC LANDS AND AGRARIAN LAWS
+OF THE
+ROMAN REPUBLIC
+
+BY ANDREW STEPHENSON, PH.D.
+_Professor of History, Wesleyan University_
+
+
+       *       *       *       *       *
+
+
+
+BALTIMORE
+
+THE JOHNS HOPKINS PRESS
+
+JULY-AUGUST, 1891
+
+
+
+Copyright, 1891, BY THE JOHNS HOPKINS PRESS.
+
+
+
+
+PREFACE.
+
+
+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 _ager publicus_
+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.
+
+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.
+
+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.
+
+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.
+
+ANDREW STEPHENSON.
+
+MlDDLETOWN, CONN. _May_ 8, 1891.
+
+
+
+TABLE OF CONTENTS.
+
+CHAPTER I.
+
+Sec. 1. LANDED PROPERTY
+ "   2. QUIRITARIAN OWNERSHIP
+ "   3. AGER PUBLICUS
+ "   4. ROMAN COLONIES
+
+CHAPTER II.
+
+Sec. 5. LEX CASSIA
+ "   6. AGRARIAN MOVEMENTS BETWEEN 486 AND 367
+       (a) Extension of Territory by conquest up to the year 367 B.C.
+       (b) Colonies Founded between 454 and 367
+
+Sec. 7. LEX LICINIA
+ "   8. AGRARIAN MOVEMENTS BETWEEN 367 AND 133
+       (a) Extension of Territory by conquest between 367 and 133
+       (b) Colonies Founded between 367 and 133
+
+Sec. 9. LATIFUNDIA
+ "  10. INFLUENCE OF SLAVERY
+ "  11. LEX SEMPRONIA TIBERIANA
+ "  12. LEX SEMPRONIA GAIANA
+
+CHAPTER III.
+
+Sec.13. LEX THORIA
+ "  14. AGRARIAN MOVEMENTS BETWEEN 111 AND 86
+ "  15. EFFECT OF THE SULLAN REVOLUTION
+ "  16. AGRARIAN MOVEMENTS BETWEEN 86 AND 59
+ "  17. LEX JULIA AGRARIA
+ "  18. DISTRIBUTION OF LAND AFTER THE CIVIL WAR BETWEEN CÆSAR AND POMPEY
+ "  19. DISTRIBUTIONS FROM THE DEATH OF CÆSAR TO THE TIME OF AUGUSTUS
+      (a) Lex Agraria of Lucius Antonius
+      (b) Lex de Colonis in Agros Deducendis
+      (c) Second Triumvirate
+
+
+
+
+
+PUBLIC LANDS AND AGRARIAN LAWS OF THE ROMAN REPUBLIC.
+
+
+
+
+CHAPTER I.
+
+SEC. 1.--LANDED PROPERTY.
+
+
+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.[1]
+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.
+
+The corner-stone of this legislation was the constitution of the law of
+property.[2] This property applies itself to everything in the law of Rome,
+to land, to persons and to obligations.
+
+_Urbs_, the name of the village, takes its origin, according to an
+etymology given by Varro,[3] 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 _Urbs_ and _Roma_ 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[4] so called, and the outskirts, or suburbs. The powers of
+certain magistrates ceased with the sacred limits of the _Urbs_, while the
+privileges accorded to a citizen of Rome extended to the village and the
+suburbs and finally embraced the entire Roman world.
+
+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 _par
+excellence_[5] and its primitive form was a variety of public community[6]
+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.
+
+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.
+
+The Roman territory was confined for many ages to a surface of very limited
+extent, which properly bore the name of _Ager Romanus_. 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 _Agro Romano.[7]_ That which was properly called _Ager
+Romanus_ at first only occupied the surface of a slightly expanded arc
+whose chord was the river Tiber.[8] 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;[9] and northward
+the Anio[10] 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[11] of Ostia, have we marked out
+all of ancient Rome. Strabo[12] 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[13] could be taken.
+
+Both city and land increased with time. Property seemed to have been added
+and lost successively during the reign of the kings.[14] The last increase
+of the _Ager Romanus_ was due to the labors of Servius Tullius, and it was
+in the reign of this king that it reached its greatest limit. Dionysius[15]
+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,[16] but they were not incorporated in the _Ager Romanus_ 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[17] territory, or else the new conquests were abandoned to municipia,
+given up to colonies, or became a part of that which was called _Ager
+Publicus_. 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.
+
+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[18] territories and conquered
+peoples.
+
+Now what was the allotment of the first distribution of land?
+
+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. (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.[19] (2) Niebuhr,[20] 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. Neither of these systems is free from errors. Montesquieu seems to
+have made no difference between patrician and plebeian in using the term
+_citizen_, 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,[21] 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.[22] Again, the law of debts was hardly favorable[23] to equality.
+
+Niebuhr clearly[24] 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[25] 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, _divisit viritim civibus_. 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 _civibus_. 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[26] 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.e. Ager
+Publicus_, and swallowed up the revenues due the treasury.
+
+[Footnote 1: Cato, _De Re Rustica_, I, lines 3-8. "Majores nostri ... virum
+bonum cum laudabant, ita laudabant, bonum agricolam bonumque colonum.
+Amplissime laudari existimabatur, qui ita laudabatur."]
+
+[Footnote 2: Muirhead, _Roman Law_, 36 _et seq_.]
+
+[Footnote 3: Varro, _De Lingua Latina_, V, 143.]
+
+[Footnote 4: Frag, to Digest, 287 and 147 of Title 16, Bk. 50 with notes of
+Schultung and Small.]
+
+[Footnote 5: Plutarch's _Romulus_, § 19.]
+
+[Footnote 6: Mommsen, _History of Rome_, l, 194.]
+
+[Footnote 7: Sismondi, _Etudes sur l'econ. polit._, 1, 2, § 1.]
+
+[Footnote 8: Pseudo Fabius Pictor, Bk. I, p. 54; Plut., _Numa_, 16; Festus
+V° Pectustum Palati, p. 198 and 566, Lindemann.]
+
+[Footnote 9: Arnold, _Roman History_, I, ch. 3, par. 4.]
+
+[Footnote 10: Mommsen, I, 75.]
+
+[Footnote 11: Strabo, Bk. 5, 253.]
+
+[Footnote 12: Strabo, Bk. 5, ch. 3, § 2.]
+
+[Footnote 13: Arnold, I, ch. 3.]
+
+[Footnote 14: Dionysius, II, 55; V, 33, 36; III, 49-50; Livy, I, 23-36.]
+
+[Footnote 15: Dionysius, IV, 13.]
+
+[Footnote 16: Varro, _De Lingua Latina_, V, 33.]
+
+[Footnote 17: Sigonius, _De Antiq. Juris Civ. Rom_., Bk. I, ch. 2.]
+
+[Footnote 18: Hume's _Hist, of Eng_., I, ch. 4: IV, ch. 61.]
+
+[Footnote 19: _Esprit des lois_, Liv. 27, c. 1.]
+
+[Footnote 20: _Roman Hist_., II, 164; III, 175 and 211.]
+
+[Footnote 21: Lycurgus and Numa, II; Cicero, _De Repub_., II, 9.]
+
+[Footnote 22: Muirhead, _Roman Law_, 46 and note--"uti legasset suae rei
+ita jus esto."]
+
+[Footnote 23: Muirhead, 92-96.]
+
+[Footnote 24: Niebuhr, I.]
+
+[Footnote 25: Momm., I, 126; Ihne, I; Nitzsch, _Geschichte der römischen
+Republik_, 52; Lange, _Römische Geschichte_, I, 18.]
+
+[Footnote 26: Dureau de la Malle, _Mém. sur les pop. de l'Italie, 500 et
+seq_.]
+
+
+
+
+SEC. 2.--QUIRITARIAN OWNERSHIP.
+
+
+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, _adversus hostem aeterna auctoritas esto.[1] Hostis_ in the old
+Latin language was synonymous with stranger, _perigrinus_[2] 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 _peregrinus_.[3]
+
+_Auctoritas_ 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.[4] The
+sense of the Roman law was, then, that the _peregrinus_ could not bar or
+proceed against a Roman, a disposition somewhat similar to the old law of
+England.[5] 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 _peregrini_ 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.[6]
+
+We have a forcible example of the severity of the old Roman law in this
+regard in the text of Gaius,--_Aut enim ex jure quiritium unusquisque
+dominus erat, aut non intelligebatur dominus._[7]
+
+_Dominium_ was therefore inseparable from _Jus Quiritium,_ the law of
+the Roman city, the _optimum jus civium Romanorum_. The _peregrinus_ was
+excluded from landed property both Roman and private; he could neither
+inherit nor transmit; claim nor defend in equity. Moreover the name
+_peregrinus_ was not confined to the stranger proper but was also bestowed
+upon subjects of Rome[8] 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 _optimo ex jure quiritium_.
+
+Thus the tenure of the patricians was threefold: First, they had full
+property in the land; second, they had a seigniorial right, _jus in re_, in
+the land of their clients and the plebeians whose property belonged to the
+_populus, i.e._ 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 _possessio_.
+
+According to Ihne, all lands in Rome were held by the above mentioned
+tenure until the enactment of the Icilian law _de Aventino publicando_
+which involved a change of tenure by converting the former dependent and
+incumbered tenure of the plebeians into full property.
+
+[Footnote 1: De Officiis, I, 12; Gaius, Frag., 234: Digest, 50, 16.]
+
+[Footnote 2: Varro, De L.L.V. 14; Plautus, _Trinummus_, Act I, Scene 2, V.
+75; Harper's _Latin Dictionary_; Cicero, _De Off_., I, 12: "Hostis enim
+apud majores nostros is dicibatur, quem nunc peregrinum dicimus."]
+
+[Footnote 3: Cic., _loc. cit._; Gaius, Frag., 234.]
+
+[Footnote 4: Forcellini, _Lexic._; Harper's _Latin Lex_.]
+
+[Footnote 5: _i.e._ The descendents of a person escheated could bring no
+action for the recovery of the property.]
+
+[Footnote 6: Giraud, _Recherches sur le Droit de Propriété_, p. 210.]
+
+[Footnote 7: Gaius, Bk. II, 40.]
+
+[Footnote 8: Ulpian, Frag., Title XIX, 4; Giraud, 216.]
+
+
+
+
+SEC. 3.--AGER PUBLICUS.
+
+
+In her early history Rome was continually making fresh conquests, and in
+this way adding to her territory.[1] 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 _Ager Publicus._[2]
+
+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 _Ager
+Publicus_[3] a term which with few exceptions came to embrace the whole
+Roman world.
+
+This _Ager Publieus_ was farther increased by towns[4] voluntarily
+surrendering themselves to Rome without awaiting the iron hand of war.
+These were commonly mulcted of one-third of their land.[5] "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[6] 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.[7] 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.
+
+According to the strictest right of conquest in antiquity the defeated lost
+not only their personal freedom, their moveable and landed[8] 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.[9]
+
+This magnanimity was not rare and it even went so far as to restore the
+whole of the territory to the people subdued.[10] 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.e._ 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.[11] These people formed
+the nucleus of the plebeians, the freemen who were members of the Roman
+state[12] without actually having any political rights.
+
+The _Ager Publicus_ was the property of the state and as such could be
+alienated only by the state.[13] This alienation could be accomplished in
+two ways:
+
+(a). By public sale;
+
+(b). By gratuitous distribution.
+
+(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.[14]
+
+(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,[15] or in later times, the providing for impoverished plebeians.
+
+
+
+But even in the earliest times a portion of the domain lands was excluded
+from sale or private appropriation,[16] in order to serve as a resource for
+the needs of the state.
+
+This was the general usage of ancient republics and this maxim of reserved
+lands was recommended[17] by Aristotle as the first principle of political
+economy.
+
+Such reserved _ager publicus_ was leased either in periods of five years
+(quinquennial leaseholds) or perpetually, _i.e. _, by emphyteutic lease
+or copyhold. From these lands[18] the treasury received an income of from
+one-tenth to one-fifth of the annual crops.
+
+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 _possessio_ which
+was nothing but an occupation on the part of the patricians[19] 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 _possessor_[20] 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.[21] 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.
+
+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.
+
+[Footnote 1: Long, _Decline of the Roman Rep_., I, ch. 11.]
+
+[Footnote 2: Muirhead, _Roman Law_, 92.]
+
+[Footnote 3: Ortolan, _Histoire de la legislation Romaine_, p. 21.]
+
+[Footnote 4: Mommsen, I, 131; Arnold, I, 157.]
+
+[Footnote 5: Dionysius, IV, 11, Livy.]
+
+[Footnote 6: Ihne, I, 175.]
+
+[Footnote 7: Ihne, I, 175.]
+
+[Footnote 8: Livy, Bk. I, c. 38, with note by Drachenborch; Livy, Bk. VII,
+c. 31.]
+
+[Footnote 9: Siculus Flaccus, _De Conditione Agrorum_, 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."]
+
+[Footnote 10: Cicero, in Verrem, II, Bk. 3, § 6.]
+
+[Footnote 11: Giraud, _Droit de propriété chez les romains_, 160.]
+
+[Footnote 12: Ihne, I, 175.]
+
+[Footnote 13: Muirhead, 92; Giraud, 165.]
+
+[Footnote 14: Higin., _De Limit. Const. apud Goes. Rei Agr. Script._, pp.
+159-160.]
+
+[Footnote 15: Giraud, 164.]
+
+[Footnote 16: Dionysius, II, 7.]
+
+[Footnote 17: Aristotle, _Polit._, [Greek: Z. Keph. th. 7: Anagkaion toinun
+eis duo merae diaeraesthai taen choran kai ton men einai koinaen, taen de
+ton idioton.]]
+
+[Footnote 18: Giraud, 163.]
+
+[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.]
+
+[Footnote 20: Aggenus Urbicus, p. 69, ed. Goes.]
+
+[Footnote 21: Giraud, 185-187; Mommsen, I, 110; Ortolan, 227; Hunter,
+_Roman Law,_ 367.]
+
+
+
+
+SEC. 4.--ROMAN COLONIES.
+
+
+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[l] as a boy had attained a
+certain age his name was inscribed upon the tribal rolls and henceforth he
+was free from the _potestas_ 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[2]
+were always under the _potestas_ 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[3] 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, _jus suffragii et jus_[4] _honorum_ and suffered what was called
+_capitis diminutio_. 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[5] 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[6]
+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.
+
+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,[7] unquiet, and turbulent.
+
+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.[8] 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.
+
+1. Latin colonies were those[9] which were composed of Latini and Hernici,
+or Romans enjoying the same rights as these, _i.e._ 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.
+
+2. Roman, or Burgess, colonies[10] 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.
+
+
+
+
+_Table of Latin Colonies in Italy_.
+
+
+------------------+----------------+-------+-------------------------------
+   COLONIES.      | LOCATION.      |  B.C. | AUTHORITIES.
+------------------+----------------+-------+-------------------------------
+ 1 Signia.        | Latium.        |   ?   | Livy, 1, 56; Dionys., 4, 63.
+ 2 Cerceii.       |     "          |   ?   | Id.
+ 3 Suessa Pometia.|     "          |   ?   | Livy, 2, 16.
+ 4 Cora.          |     "          |   ?   | Livy, 2, 16.
+ 5 Velitrae.      |     "          |  494  | Livy, 2, 30, 31 ; Dionys.,
+                  |                |       |  6, 42, 43.
+ 6 Norba.         |     "          |  492  | Livy, 2, 34; Dionys , 7, 13.
+ 7 Antium.        |     "          |  467  |  "    3, 1;    "      9, 59.
+ 8 Ardea.         |     "          |  442  |  "    4, 11; Diodor., 12,34.
+ 9 Satricum.      |     "          |  385  |  "    6, 14.
+10 Sutrum.        | Etruria.       |  383  | Vell., 1, 14.
+11 Nepete.        |    "           |  383  | Livy, 6, 21; Vell.
+12 Setia.         | Latium.        |  382  | Vell., 1,14; Livy, 6, 30.
+13 Cales.         | Campania.      |  334  |  "    1,14;  "     8,16.
+14 Fregellae.     | Latium.        |  328  | Livy, 8, 22.
+15 Luceria.       | Apulia.        |  314  |  "    Epit., 60.
+16 Suessa.        |                |  313  |  "    9, 28.
+17 Pontiae.       | Isle of Latium.|  313  |  "    9, 28.
+18 Saticula.      | Samnium.       |  313  |  "    9, 22; Vell., 1, 14;
+                  |                |       | Festus, p. 340.
+19 Interamna      |                |       |
+   Lirinas.       | Latium.        |  312  | Livy, 9, 28; Vell, 1, 14;
+                  |                |       | Diodor., 19, 105.
+20 Sora.          |    "           |  303  | Livy, 10, 1; Vell., 1, 14.
+21 Alba.          |    "           |  303  |  "    10, 1;    "   1, 14.
+22 Narnia.        | Umbria.        |  299  |  "    10, 10.
+23 Carseola.      | Latium.        |  298  |  "    10, 13.
+24 Venusia.       | Apulia.        |  291  | Vell., 1, 14;  Dionys.  Ex.,
+                  |                |       | 2335.
+25 Hatria.        | Picenum.       |  289  | Livy, Epit., 11.
+26 Cosa.          | Campania.      |  273  |  "      "  14; Vell., 1, 14.
+27 Paestum.       | Lucania.       |  273  | Id.   Id.
+28 Ariminum.      |                |  268  | Vell., 1, 14; L. Epit., 15;
+                  |                |       | Eutrop., 2, 16.
+29 Beneventum.    | Samnium.       |  268  | Vell., 1, 14;  L. Epit., 15;
+                  |                |       | Eutrop., 2, 16.
+30 Firmum.        | Picenum.       |  264  | Vell., 1, 14.
+31 Aesernia.      | Samnium.       |  263  |  "     1, 14; L. Epit., 16.
+32 Brundisium.    | Calabria.      |  244  |  "     1, 14;      "    19.
+33 Spoletium.     | Umbria.        |  241  |  "     1, 14;      "    20.
+34 Cremona.       | Gallia Cis.    |  218  | Tacitus, _Hist_., 3,35.
+35 Placentia.     |  "      "      |  218  | L. Epit., 20; Polyb., 3, 40;
+                  |                |       | V. 1, 14, 8.
+36 Copia.         | Lucania.       |  193  | Livy, 34, 53.
+37 Valentia.      | Bruttii.       |  192  |  "    34, 40; 35,40.
+38 Bononia.       | Gallia Cis.    |  189  |  "    37, 57; Vell., 1, 15.
+39 Aquileia.      | Gallia Trans.  |  181  |  "    40, 34;  "      "
+------------------+----------------+-------+-------------------------------
+
+
+
+
+_Table of Civic Colonies in Italy._
+
+------------------+----------------+-------+-------------------------------
+   COLONIES.      | LOCATION.      | B.C.  | AUTHORITY.
+------------------+----------------+-------+-------------------------------
+ 1 Ostea.         | Latium.        | 418   | Livy, 1, 33; Dionys., 3, 44;
+                  |                |       | Polyb., 6, 29; Cic. de R.R.,
+                  |                |       | 2, 18, 33.
+ 2 Labici.        |    "           | 418   | Livy, 4, 47, 7.
+ 3 Antium.        |    "           | 338   | "   8, 14.
+ 4 Auxur.         |    "           | 329   | "  8, 21; 27, 38; Vell. 1, 14.
+ 5 Minturnae.     | Campania.      | 296   | Livy, 10, 21.
+ 6 Sinuessa.      |    "           | 296   | "   10, 21; 27, 38.
+ 7 Sena Gallica.  | Umbria.        | 283   | "  Epit., 11; Vell., 1, 14, 8.
+ 8 Castrum Novum. | Picenum.       | 283   | Livy, Epit., 11; Vell.,1,14,8.
+ 9 Aesium.        |Umbria.         | 247   | Vell., 1, 14, 8.
+10 Alsium.        | Etruria.       | 247   |   "   1, 14, 8; L. Epit., 19;
+                  |                |       | L.,   36, 3.
+11 Fregena.       |    "           | 245   | Livy, 36, 3.
+12 Pyrgi.         |    "           | 191   |   "     "
+13 Puteoli.       | Campania.      | 194   |   "   34, 45.
+14 Volturnum.     |    "           | 194   | Id.
+15 Liturnum.      |    "           | 194   | Id.
+16 Salernum.      |    "           | 194   | Id.
+17 Buxentum.      | Lucania.       | 194   | Livy, 34, 45.
+18 Sipontum.      | Apulia.        | 194   | Id.
+19 Tempsa.        | Bruttii.       | 194   | Id.
+20 Croton.        |    "           | 194   | Id.
+21 Potentia.      | Picenum.       | 184   | Livy, 39, 44.
+22 Pisaurum.      | Umbria.        | 184   |   "   "   "
+23 Parma.         | Gallia Cis.    | 183   |   "   "   55.
+24 Mutina.        | Gallia Cis.    | 183   | Livy, 39, 55.
+25 Saturnia.      | Etruria.       | 183   |   "   "   "
+26 Graviscae.     |    "           | 181   |   "   40, 39.
+27 Luna.          |    "           | 180   |   "   41, 13.
+28 Auximum.       | Picenum.       | 157   | Vell., 1, 15, 3.
+29 Fabrateria.    | Latium.        | 124   |   "   1, 15, 4.
+30 Minervia.      | Bruttii.       | 122   |   "   1, 15, 4; Appian B.C.,
+                  |                |       |     2, 23.
+31 Neptunia.      | Iapygia.       | 122   | Id.
+32 Dertona.       | Liguria.       | 100   | Vell., 1, 15, 5.
+33 Eporedia.      | Gallia Trans.  | 100   |    "     "   "
+34 Narbo Martius. |    "   Narbo.  | 118   | Mommsen. (sic.)
+------------------+----------------+-------+-------------------------------
+
+
+[Footnote 1: Bouchaud, M.A., _Dissertation sur les colonies romaines_, pp.
+114-222, en Memoires de l'institut Sciences, Morals et Politique, III.]
+
+[Footnote 2: Muirhead's Article on _Roman Law_ in Ency. Brit.; Ihne, I,
+235.]
+
+[Footnote 3: Momm., I, 145.]
+
+[Footnote 4: Momm., _loc. cit_.]
+
+[Footnote 5: Brutus (App. B.C., II, 140) calls the colonists, [Greek:
+phylakas ton pepolemaekoton].]
+
+[Footnote 6: Ihne, I, 236.]
+
+[Footnote 7: Cicero, Ad Att., I,19: "Sentinam urbis exhaurire, et Italiae
+solitudinem frequentori posse arbitrabor."]
+
+[Footnote 8: Momm., I, 145.]
+
+[Footnote 9: Marquardt u. Momm., IV, 35-51; Momm., _History of Rome_, I,
+108, 539; Madvigi Opuscula Academica, I, 208-305.]
+
+[Footnote 10: Marquardt u. Momm., IV, 35-51; Ihne, vols. I-V; Momm., vols.
+I-V; Madvigi Opus., _loc. cit_.]
+
+
+
+
+CHAPTER II.
+
+
+
+
+Sec. 5.--Lex Cassia.
+
+
+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[l]
+time. In the year 268, he submitted to the burgesses[2] 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[3]
+of the public treasury.
+
+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.[4] 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.[5] 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.[6]
+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.
+
+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 _Ager Romanus_. 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.[7] The bill proposed by Cassius,
+together with such provisions as were necessary, became a law, according to
+Niebuhr,[8] 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.[9]
+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 _ager publicus_. 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.
+
+[Footnote 1: Dionysius, VIII, 68; "[Greek: Oi de para touton taen upateian
+paralabontaes poplios Ouerginios kai Sporios Kassios, to triton tote
+apodeichtheis upotos, k. t. l.]"]
+
+[Footnote 2: Dionysius, VIII, 69; Livy, II, 41, _seq_.]
+
+[Footnote 3: Dionysius, VIII, 81.]
+
+[Footnote 4: Dionysius, VIII, 69; Mommsen, I, 363.]
+
+[Footnote 5: Niebuhr, II, 166.]
+
+[Footnote 6: Livy, II, 41; "Tum primum lex agraria promulgata est nunquam
+deinde usque ad hanc memoriam sine maximus motibus rerum agitata."]
+
+[Footnote 7: Livy, II, 41; Dionysius, VIII, 69.]
+
+[Footnote 8: Niebuhr, II.]
+
+[Footnote 9: Dionysius, VIII, 81: [Greek: "Ekklaesiai te sunegeis hypo ton
+tote daemarchon eginonto kai apaitaeseis taes hyposcheseos." See also VIII,
+87, line 25 _et seq._].]
+
+
+
+
+SEC. 6.--AGRARIAN MOVEMENTS BETWEEN 486 AND 367.
+
+
+Modern historians who have written upon the Roman Republic have, so far as
+I know, passed immediately from the consideration of the _Lex Cassia_ 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.
+
+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.[1] 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.
+
+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,[2] 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,[3] 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[4] 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[5] law failed and the enrolment progressed.
+
+There is some difficulty in determining the facts of the law proposed by
+Spurius Licinius[6] of which Livy speaks. Dionysius calls this tribune, not
+Licinius but [Greek: 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,[7] made the same demand as the previous tribunes,
+_i.e.,_ 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,[8] 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.[9]
+
+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,[10] 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."[11] This is contrary to the statement of Dionysius[12]
+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.
+
+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,[13] 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[14] 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.
+
+In 468, the two consuls, Valerius and Aemilius, faithfully supported the
+tribunes in their demand[15] 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.
+
+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[16] 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.
+
+_Lex Icilia._ In the year 454,[17] 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.[18] 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,[19] 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.[20] 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."[21] 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[22] 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 _lex Icilia_ to the _ager
+publicus,_[23] 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."[24] The consuls strenuously opposed him and his effort came
+to naught.
+
+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 _vectigal_
+upon the possessors, which _vectigal_ was to be used[25] in paying the
+soldiers."
+
+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[26]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.[27]
+
+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[28] 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,[29] soon become the prey of the few."
+
+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 _tribunus consularis_ 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[30] 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 (_Pomptinus
+Ager_) 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[31] 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.
+
+We have now passed in review the agrarian laws proposed and, in some cases,
+enacted between the years 485 and 376, _i.e._ between the _lex Cassia_ and
+the _lex Licinia_, 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 _lex Licinia_,
+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.
+
+[Footnote 1: "Solicitati, eo anno, sunt dulcedine agrariae legis animi
+plebis,. . . vana lex vanique legis auctores." Livy, II, 42.]
+
+[Footnote 2: Dionysius, VIII, 606, 607.]
+
+[Footnote 3: Livy, _loc. cit._: Dionysius, _loc. cit._]
+
+[Footnote 4: Dionys., VIII, 554.]
+
+[Footnote 5: Dionys., VIII, 555.]
+
+[Footnote 6: Val. Max., Fg. of Bk. X: "Spurii, patre incerto geniti."]
+
+[Footnote 7: Livy, _loc. cit._; Dionys., _loc. cit.]
+
+[Footnote 8: Dionys., IX, 558; Livy, II, 43.]
+
+[Footnote 9: Dionys., IX, 559-560: "[Greek: tous kategontos taen choran
+taen demosian." . . . "Kai Sikilios oudenos eti kurios aen.]".]
+
+[Footnote 10: Livy, _loc. cit._]
+
+[Footnote 11: Livy, II, 44: "Et unum vel adversus omnes satis esse ...
+quatuorque tribunorum adversus unum."]
+
+[Footnote 12: Dionys., IX, 562.]
+
+[Footnote 13: Livy, _loc. cit._; Dionys., _loc. cit._]
+
+[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."]
+
+[Footnote 15: Livy, II, 61, 63, 64.]
+
+[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.]
+
+[Footnote 17: Schwegler, _Römische Geschichte, _II, 484; Dionys., X, 31, p.
+657, 43.]
+
+[Footnote 18: Dionys., X, 31, l. 13; Ihne, _Hist. of Rome_, I, 191,
+note; Lange, _Röm. Alter._, I, 619. Also see art. in Smith's _Dict. of
+Antiquities_.]
+
+[Footnote 19: _I.e._ outside of the _'quadrata'_' but _[Greek:
+emperiechomenos tae poleis]_, Dionys., X, 31, l. 18: "pontificale
+pomoerium, qui auspicato olim quidem omnem urbem ambiebat praeter
+Aventinum." Paul, ex Fest., p. 248, Müll.]
+
+[Footnote 20: Dionys., X, 32.]
+
+[Footnote 21: Dionys., X, 32.]
+
+[Footnote 22: Momm., I, 355.]
+
+[Footnote 23: Dionys., X, 34.]
+
+[Footnote 24: Livy, IV, 12: Neque ut de agris dividendis plebi referrent
+consules ad senatum pervincere potuit.... Ludibrioque erant minae tribuni.]
+
+[Footnote 25: "Agri publici dividendi, coloniaramque deducendarum
+ostentatae spes, et vectigali possessoribus imposito, in stipendium militum
+erogandi aeris." Livy, IV, 36.]
+
+[Footnote 26: Livy, _loc. cit._]
+
+[Footnote 27: Livy, IV, 48.]
+
+[Footnote 28: Livy, IV, 49.]
+
+[Footnote 29: Livy, IV, 51.]
+
+[Footnote 30: Livy, VI, 5.]
+
+[Footnote 31: Quinque viros Pomptino agro dividendo. Livy, VI, 21.]
+
+
+
+
+(a) _Extension of Territory by Conquest up to the Year 367 B.C._
+
+
+1. Coreoli, captured in 442.
+2. Bolae, captured in 414.
+3. Labicum, captured in 418.
+4. Fidenae, captured in 426 and all the territory confiscated.
+5. Veii, captured in 396. This was the chief town of the
+   Etruscans, equal to Rome in size, with a large tributary
+   country; territory confiscated.
+
+Approximate amount of land added to the Roman domain,
+150 square miles.
+
+
+
+
+
+(b) _Colonies Founded between 454 and 367._
+
+
+                            CIVIC COLONIES.
+-----------+---------+------+------------+---------+-----------+-----------
+           |         |      | NO. OF     | NO. OF  |  TOTAL NO.|
+COLONIES.  | PLACE   | DATE.| COLONISTS. | JUG. TO |  OF JUG.  | ACRES.
+           |         |      |            | EACH.   |           |
+-----------+---------+------+------------+---------+-----------+-----------
+           |         |      |            |         |           |
+ Labici.   | Latium. | 418  |   1500     |   2     |   3000    |   1875
+           |         |      |            |         |           |
+-----------+---------+------+------------+---------+-----------+-----------
+
+
+
+
+                            LATIN COLONIES.
+-----------+---------+------+------------+---------+-----------+-----------
+ Ardea.    | Latium. | 442  |    300     |   2     |    600    |    375
+ Satricum. |   "     | 385  |    300     |   2     |    600    |    375
+ Sutrium.  | Etruria.| 383  |    300     |   2     |    600    |    375
+ Nepete.   |   "     | 383  |    300     |   4     |   1200    |    750
+ Setia.    | Latium. | 382  |    300     |   4     |   1200    |    750
+-----------+---------+------+------------+---------+-----------+-----------
+                                         |  Total  |   7200    |   4500
+-----------------------------------------+---------+-----------+-----------
+
+
+
+
+SEC. 7.--LEX LICINIA.
+
+
+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.
+
+It was to the real plebeian party that Licinius belonged, as also did his
+colleague Sextius,[1] 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.
+
+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[2] 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[3] 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[4] 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[5]
+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.[6] 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[7]
+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[8] 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."[9] 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[10]
+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 _interrex_ 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,[11] 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[12] 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[13]
+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 _duumvirs_, whose duty and privilege it was[14] 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 _decemvirs_.[15] 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,[16] 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.[17] 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.[18]
+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.[19]
+
+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.[20]
+There seems to have been an interruption here caused by an invasion of the
+Gauls.[21] 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[22] at last.
+
+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 _decemvirs_. 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[23]
+violated, but can still be called a success. The laws[24] 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[25] 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
+_ager publicus_ and _ager privatus_ existed. Licinius Stolo himself was
+afterwards convicted of violating his own law.[26] 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.[27] 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.[28] 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.
+
+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.[29] Henceforth were the Roman people divided into rich and poor
+only.
+
+[Footnote 1: Livy, VI, 34.]
+
+[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."]
+
+[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., _Röm. Alterthümer,_ IV, S. 102.]
+
+[Footnote 4: Appian, _De Bello Civile_, I, 8.]
+
+[Footnote 5: Livy VI, 35; See Momm., I, 382; Duruy, _Hist. des Romains_,
+II, 78.]
+
+[Footnote 6: Livy, VI, 37.]
+
+[Footnote 7: Livy, VI, 35: "creatique tribuni Caius Licinius et Lucius
+Sextius promulgavere leges adversus opes patriciorum et pro commodis
+plebis."]
+
+[Footnote 8: Ihne, I, 314.]
+
+[Footnote 9: Livy, VI, 35: "Cuncta ingentia, et quae sine certamine
+obtineri non possent."]
+
+[Footnote 10: Livy, VI, 35.]
+
+[Footnote 11: Livy, VI, 36.]
+
+[Footnote 12: Livy, VI, 36. Fabius quoque tribunis militum, Stolonis socer,
+quarum legum auctor fuerat, earum sua.]
+
+[Footnote 13: Livy, _loc. cit._]
+
+[Footnote 14: Appian, _De Bell. Civ._, I, 9.]
+
+[Footnote 15: Momm., I, 240: "decemviri sacris faciundis." Lange, _loc.
+cit._]
+
+[Footnote 16: Livy, VI, 38; Momm., _loc. cit._]
+
+[Footnote 17: Livy, VI, 38; Momm., _loc. cit._]
+
+[Footnote 18: Dion Cassius, Fragment, XXXIII, with Reimer's note.]
+
+[Footnote 19: Livy, VI, 42.]
+
+[Footnote 20: Livy, VI, 42: et comitia consulum adversa nobilitate habita,
+quibus Lucius Sextius de plebe primus consul factus.]
+
+[Footnote 21: Livy, _loc. cit._]
+
+[Footnote 22: Livy, VI, 42; Ovid, Faustus, I, 641, seq.:
+
+  "Furius antiquam populi superator Hetrusci
+   Voverat et voti solverat ante fidem
+   Causa quod a patribus sumtis secesserat annis
+   Vulgus; et ipsa suas Roma timebat opes."]
+
+[Footnote 23: Momm., I, 389.]
+
+[Footnote 24: Momm., I, 384.]
+
+[Footnote 25: Arnold, _Roman History_, II, 35; Ihne, _Essay on the Roman
+Constitution_, p. 72. Ihne, _Roman Hist._, I, 332-334. Long, I, ch. XI.
+Lange, _loc. cit._]
+
+[Footnote 26: 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." Appian, _Bell. Civ._, 1, 8; "_[Greek: taen gaen es tous
+oikeious epi upokrisei dienemon.]_"]
+
+[Footnote 27: Momm., I, 389.]
+
+[Footnote 28: Momm., I, 389, 390.]
+
+[Footnote 29: Momm., I, 389, 390.]
+
+
+
+
+SEC. VIII.--AGRARIAN MOVEMENTS BETWEEN 367 AND 133.
+
+
+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,[1] 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 2-3/4, 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.
+
+_Agrarian Law of Curius._ Beyond the distribution of the _ager publicus_
+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[2] state for purposes
+of colonization and division among the impoverished citizens. In the year
+287,[3] 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[4] each. It is certain that this bill met with great opposition but
+we have not been informed as to the causes.[5] 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.[6]
+By this move the _lex Hortensia_[7] was passed and, doubtless, the _agraria
+lex_ 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.
+
+_Lex Flaminia._ Fifty four years after the enactment of the law of Curius
+Dentatus, in the year 232, the tribune Caius Flaminius,[8] 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 _Gallicus
+Ager_[9] among the plebeians. This territory[10] 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[11](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 _potestas_ in restraining his son.[12] 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,"[13] obeyed. It finally became necessary for the plebeians to
+take their stand on the formal constitutional law and to cause the _agraria
+lex_ to be passed by a vote of the assembly of the tribes without a
+previous resolution or subsequent approbation of the senate.[14] Polybius
+dates a change for the worse in the Roman constitution from this time.[15]
+The relief of the plebeians was further promoted by the foundation[16] of
+new colonies.
+
+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 _ager publicus_ or of the territory of Carthage,
+Sicily, or Campania, _i.e._ 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[17] the distributions should be made by the
+_decenvirs_. In spite of the insufficiency of these details the passage
+reveals to us two important facts:
+
+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.
+
+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[18] 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.e._, 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.
+
+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 _senatus
+consultum_ ordered a distribution of this land to the commons. The praetor
+of the city A. Atilius, was authorized to appoint _decemvirs_, whose names
+Livy gives, to assign ten jugera to Roman citizens and three jugera to
+Latin[19] 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[20] the mention of a new assignment of land of seven jugera
+_viritim_, 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 _lex Sempronia Tiberiana_ in 133.
+
+_Condition of the Country at the time of the Gracchan Rogations._ 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.
+
+One of the greatest dangers to the republic at this time reveals itself in
+the claims[21] 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.[22] 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 _ager publicus_ of Rome, and was either given to
+veterans[23] or occupied by Roman capitalists, thus increasing the revenues
+of a few nobles.
+
+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[24]
+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,[25] 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 _municipia_.[26] 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 _jus Latii_ considerable privileges. They held in
+great[27] 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 _jus Romanum_. There were other peoples who, although
+strangers to Latium, had been admitted, by reason of their services[28] to
+Rome, to participate in the benefits of the _jus Latii_. The other peoples,
+admitted merely to the _jus Italicum_, did not enjoy any of the civil or
+political rights of Roman citizens, nor any of the privileges of Latin[29]
+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[30] 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 _municipia_.[31] These _municipia_
+governed themselves and were divided into two classes:
+
+(1.) _Municipia sine suffragio_, for example, Caere and Etruria, had
+only interior privileges; their inhabitants could not vote at Rome and,
+consequently, could not[32] participate in the exercise of sovereignty.
+
+(2.) _Municipia cum suffragio_ had, outside of their political and civil
+rights, the important right of voting[33] at Rome. These citizens of
+villages had then, as Cicero said of the citizens of Arpinum, two
+countries, one _ex natura_, the other _ex jure_. Lastly, there were
+some cities in the south of Italy, _i.e._ in Magna Graecia, that had
+received[34] 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[35] 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 _jus
+Latii_, others with simply the _jus Italicum_, colonies, prefectures,
+municipia _cum_ et _sine suffragio_. 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.[36] A comparison of the numbers of the census of 115 and that of
+70 shows that the numbers of Italians and Romans were[37] 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 _comitia tributa_ 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[38] 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[39] Flaccus, Marius,[40] and Livius
+Drusus[41] failed in the same attempt, being opposed both by the nobility
+and the plebs.
+
+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 _seminarium
+senatus_. 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."[42] 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.
+
+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 _gentes_ 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[43] 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
+_aerarii_; merchants,[44] 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[45] 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 _ager_ had not been touched, and little by little
+the Licinian law had fallen into disuetude.
+
+[Footnote 1: Livy, VIII, 11, 12.]
+
+[Footnote 2: Ihne, I, 447.]
+
+[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."]
+
+[Footnote 4: "Manii Curii nota conscio est, perniciosum intellegi civem
+cui septem jugera non essent satis." Pliny, _Hist. Nat._, 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:
+
+  "Mox etiam fructis aetate, ac Punica passis
+  Proelia vel Pyrrhum immanem glacosque Molossos,
+  Tandem pro multis vix jugera bina dabantur
+  Vulneribus Merces ea sanguinis atque labores."]
+
+[Footnote 5: Appian, III, 5: Zonarius, VIII, 2.]
+
+[Footnote 6: Ihne, I, 447.]
+
+[Footnote 7: Gellius, XV, 27: "Postea lex Hortensia late, qua cautum
+est, ut plebisipa universum populum tenerent." Marquardt u. Momm., _Röm.
+Alter.,_ IV, 102.]
+
+[Footnote 8: Polyb., II, 21, 8.]
+
+[Footnote 9: Varro, De R.R., I, 2; De L.L., VI, 5.]
+
+[Footnote 10: Ihne, IV, 26. See Long, I, 157, who disputes this statement.]
+
+[Footnote 11: Varro, De R.R., I, 2.; De L.L., VI, 5.]
+
+[Footnote 12: Val. Max., V, 4, 5.]
+
+[Footnote 13: 1 Val. Max., V, 4, 5; Cicero, _De Juventute,_ II, 17.]
+
+[Footnote 14: Ihne, IV, 26; Cicero, _De Senectute,_ 4.]
+
+[Footnote 15: Polybius, II, 21.]
+
+[Footnote 16: Livy, Epit., XX, 19.]
+
+[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.]
+
+[Footnote 18: Momm., II, 230-241.]
+
+[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....
+Divers[=e]runt dena jugera in singulos, sociis nominis Latini terna."]
+
+[Footnote 20: Ihne, IV, 370.]
+
+[Footnote 21: Livy, XXXI, 4, 1; Ihne, IV, 370-372.]
+
+[Footnote 22: Livy, XXXI, 4, 1; Ihne, IV, 370-372.]
+
+[Footnote 23: Livy, _loc. cit._]
+
+[Footnote 24: Ihne, IV, 148.]
+
+[Footnote 25: Ihne, IV, 371.]
+
+[Footnote 26: Ihne, IV, 354; Momm., III, 277.]
+
+[Footnote 27: Momm., I, 151-162; Ihne, IV, 179. Marquardt u. Momm., IV,
+26-27, 63.]
+
+[Footnote 28: Livy, IX, 43, 23; Ihne, IV, 181.]
+
+[Footnote 29: Ihne, IV, 185-186. Marquardt u. Momm., 46, 60.]
+
+[Footnote 30: Marquardt u. Momm., IV, 41-43.]
+
+[Footnote 31: Ibid, IV, 26.]
+
+[Footnote 32: Marquardt u. Momm., IV, 27-34.]
+
+[Footnote 33: Ibid.]
+
+[Footnote 34: Marquardt u. Momm., IV, 44.]
+
+[Footnote 35: Marquardt u. Momm., IV, 45-46.]
+
+[Footnote 36: Momm., _Röm. Ge._, II, 225.]
+
+[Footnote 37: Ihne, IV, 370.]
+
+[Footnote 38: Momm., Lange, Ihne, Long--as given.]
+
+[Footnote 39: Momm., III, 132.]
+
+[Footnote 40: Momm., III, 252, 422.]
+
+[Footnote 41: Momm., III, 281.]
+
+[Footnote 42: Livy, XXII, 34.]
+
+[Footnote 43: Ihne, IV, 354-356.]
+
+[Footnote 44: Ihne, IV, 354-356.]
+
+[Footnote 45: Livy, XXV, 3: "Patres ordinem publicanorum in tali tempore
+offensum nolebant."]
+
+
+
+
+(a) _Extension of Territory by Conquest between 367 and 133_.
+
+1. Caere submitted in 353, yielding all southern Etruria to Rome.
+
+2. Volcian territory and all Latium fell to Rome at the close of the Latin
+war in 339.
+
+3. Capua, taken in 337.
+
+4. Cales, taken in 334. In this struggle all Campania became Roman
+territory.
+
+5. Sabine territory submitted in 290.
+
+6. Tarentum, captured in 272.
+
+7. Rhegium, captured in 270.
+
+8. The Galli Senones were destroyed in 283 and their whole territory
+(Umbria) was confiscated.
+
+9. In 293, Liguria and Transpadana Gallia were added to the Roman
+confederation.
+
+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[1] miles.
+
+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.
+
+
+
+
+(b) _Colonies Founded between 367 and 133._
+
+
+                             (a). CIVIC COLONIES.
+--------------+---------------+--------+-------+---------+---------+-------
+              |               |        | NO.   | SIZE OF |         |
+COLONIES.     |  PLACE.       | DATES. | OF C. | ALLOT.  | JUGERA. |ACRES.
+--------------+---------------+--------+-------+---------+---------+-------
+              |               |        |       |         |         |
+Antiuim.      | Latium.       | 338    |  300  |   2     |   600   |   375
+Anxur.        |    "          | 329    |  300  |   2     |   600   |   375
+Minturnae.    | Campania.     | 296    |  300  |   2     |   600   |   375
+Sinuessa.     |    "          | 296    |  300  |   2     |   600   |   375
+Sena Gallica. | Umbria.       | 283    |  300  |   6     | 1,800   | 1,125
+Castrum Novum.| Picenum.      | 283    |  300  |   6     | 1,800   | 1,125
+Aesium.       | Umbria.       | 247    |  300  |   6     | 1,800   | 1,125
+Alsium.       | Etruria.      | 247    |  300  |   6     | 1,800   | 1,125
+Fregenae.     |    "          | 245    |  300  |   6     | 1,800   | 1,125
+Pyrgi.        |    "          | 191    |  300  |   6     | 1,800   | 1,125
+Puteoli.      | Campania.     | 194    |  300  |   6     | 1,800   | 1,125
+Volturnum.    |    "          | 194    |  300  |   6     | 1,800   | 1,125
+Liternum.     |    "          | 194    |  300  |   6     | 1,800   | 1,125
+Buxentum.     | Lucania.      | 194    |  300  |   6     | 1,800   | 1,125
+Salernum.     | Campania.     | 194    |  300  |   6     | 1,800   | 1,125
+Sipontum.     |    "          | 194    |  300  |   6     | 1,800   | 1,125
+Tempsa.       | Bruttii.      | 194    |  300  |   4     | 1,200   |   750
+Croton.       |    "          | 194    |  300  |   4     | 1,200   |   750
+Potentia.     | Picenum.      | 184    |  300  |   6     | 1,800   | 1,125
+Pisaurum.     | Umbria.       | 184    |  300  |   6     | 1,800   | 1,125
+Parma.        | Gall. Cisalp. | 183    |1,000  |   6     | 6,000   | 3,750
+Mutina.       |  "     "      | 183    |1,000  |   6     | 6,000   | 3,750
+Saturnia.     | Etruria.      | 183    |  300  |   6     | 1,800   | 1,125
+Graviscae.    |    "          | 181    |  300  |   5     | 1,500   |   938
+Luna.         |    "          | 173    |  300  |   6     | 1,800   | 1,125
+Auximum.      | Picenum.      | 157    |  300  |   6     | 1,800   | 1,125
+--------------+---------------+--------+-------+---------+---------+-------
+                                               |  Total..|38,900   |30,500
+-----------------------------------------------+---------+---------+-------
+
+
+
+
+                             (b). LATIN COLONIES.
+------------+-----------------+--------+-------+---------+---------+-------
+            |                 |        |   NO. | SIZE OF |         |
+COLONIES.   | PLACE.          | DATES. |  OF C.| ALLOT.  | JUGERA. | ACRES.
+------------+-----------------+--------+-------+---------+---------+-------
+Calles.     | Campania.       | 334    |   300 |   4     |  1,200  |    750
+Fregellae.  | Latium.         | 328    |   300 |   4     |  1,200  |    750
+Luceria.    | Apulia.         | 314    |   300 |   4     |  1,200  |    750
+Suessa.     | Latium.         | 313    |   300 |   4     |  1,200  |    750
+Pontiae.    | Isle of Latium. | 313    |   300 |   4     |  1,200  |    750
+Saticula.   | Samnium.        | 313    |   300 |   4     |  1,200  |    750
+Sora.       | Latium.         | 312    | 4,000 |   4     | 16,000  | 10,000
+Alba.       | "               | 303    | 6,000 |   6     | 36,000  | 22,500
+Narnia.     | Umbria.         | 299    |   300 |   6     |  1,800  |  1,125
+Carseoli.   | Sabini.         | 298    | 4,000 |   6     | 24,000  | 15,000
+Venusia.    | Apulia.         | 291    |   300 |   6     |  1,800  |  1,125
+Hatria.     | Picenum.        | 289    |   300 |   6     |  1,800  |  1,125
+Cosa.       | Campania.       | 273    | 1,000 |   6     |  6,000  |  3,750
+Paestum.    | Lucania.        | 273    |   300 |   6     |  1,800  |  1,125
+Ariminum.   | Agr. Gallicus.  | 268    |   300 |   6     |  1,800  |  1,125
+Beneventum. | Samnium.        | 268    |   300 |   6     |  1,800  |  1,125
+Firmum.     | Picenum.        | 264    |   300 |   6     |  1,800  |  1,125
+Aesernia.   | Samnium.        | 263    |   300 |   6     |  1,800  |  1,125
+Brundisium. | Calabria.       | 244    |   300 |   6     |  1,800  |  1,125
+Spoletium.  | Umbria.         | 241    |   300 |   6     |  1,800  |  1,125
+Cremona.    | Gaul.           | 218    | 6,000 |   6     | 36,000  | 22,500
+Placentia.  | "               | 218    | 6,000 |   6     | 36,000  | 22,500
+Copiae.     | Lucania.        | 193    |   300 |   6     |  1,800  |  1,125
+Bononia.    | Gaul.           | 192    | 3,000 |   6     | 18,000  | 11,250
+Aquileia.   | "               | 181    | 4,500 |   6     | 27,000  | 16,875
+------------+-----------------+--------+-------+---------+---------+-------
+                                Total ...................|226,000  |141,250
+                                Civic Colonies ..........| 38,900  | 30,500
+                                                         |---------|-------
+                                Grand Total .............|264,900  |171,750
+                                                         |         |   or
+                                                         |         | 268.36
+                                                         |         |Sq. Mi.
+---------------------------------------------------------+---------+-------
+
+
+[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.]
+
+
+
+
+SEC. 9.--LATIFUNDIA.
+
+
+"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;[1]
+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.[2] 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."[3]
+
+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.[4]
+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[5] 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[6] 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 _Gardens of Pompey_, when
+he is interrupted by Trimalchio asking when the _Gardens of Pompey_
+had been purchased for him, and is informed that they had been in his
+possession for a year.[7] 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[8] 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[9] 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[10] 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.
+
+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.[11] Cornelia, the mother of the
+Gracchi, had a country residence in the vicinity of Micenum which cost[12]
+75,000 drachmae ($14,000); Lucullus some years afterwards bought it for
+500,200 drachmae ($100,040). According to Cicero,[13] Crassus had a fortune
+of 100,000,000 sesterces ($4,200,000). This does not astonish us when we
+see upon the _via Appia,_ 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.[14]
+
+Pliny confirms this statement concerning Crassus, but adds that Sulla was
+even richer.[15] 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[16] part of
+Rome.
+
+Some other facts confirm that which Plutarch tells us of Crassus.
+Athenaeus[17] 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[18]
+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?
+
+[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.]
+
+[Footnote 2: "Parentes aut parvi liberi militum, ut quisque potentiori
+confinis erat, sedibus pellebantur." Sall., _Jugertha_, 41. Horace, Ode II,
+18.]
+
+[Footnote 3: Duruy, _Hist. des Romains_, II, 46-47.]
+
+[Footnote 4: "Sex domini semissem Africae possidebant." _Hist. Nat._,
+XVIII, 7.]
+
+[Footnote 5: Seneca, Epist., 89.]
+
+[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.]
+
+[Footnote 7: Quid? inquit Trimalchio: quando mihi Pompeiani horti emti
+sunt? Anno priore, inquit actuarius. (_Ibid._ 53.)]
+
+[Footnote 8: Vinum, inquit, si non placet, mutabo; vos illud, oportet
+faciatis. Deorum beneficio n[=o]n emo, sed nune, quidquid ad salivam facit,
+in suburbano nascitur eo quod ego adhue non navi. Dicitur confine esse
+Tarracinensibus et Tarentinis.]
+
+[Footnote 9: Quod si contigerit Apuliae fundos jungere, satis vivus
+pervenero, _(Ibid. _77.)]
+
+[Footnote 10: Nunc conjungere agellis Siciliam volo, ut quun Africam
+libuerit ire, per meos fines navigem. Sat.,48.]
+
+[Footnote 11: Ad Fam., V, 6: "quod de Crasso domum emissem emi eam ipsam
+domum H.S., XXXV."]
+
+[Footnote 12: Plutarch, _Life of Marius._]
+
+[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?]
+
+[Footnote 14: Cicero, _Paradoxia_, VI.]
+
+[Footnote 15: Pliny, _Hist. Nat.,_XXXIII, 10.]
+
+[Footnote 16: Plutarch, _Crassus_, c. 1 and 2.]
+
+[Footnote 17: Athenaeus, _Deipnosophistae,_VI, 104.]
+
+[Footnote 18: Cæsar, _Bell. Civ.,_I, 17.]
+
+
+
+
+SEC. 10.--THE INFLUENCE OF SLAVERY.
+
+
+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.
+
+Thus in the city, plebeians found no employment. Competition was impossible
+between fathers of families and slaves who labored _en masse _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[1] 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[2]
+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.[3] 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.[4]
+Slave labor was thus adopted for economic reasons, and, for the same
+reasons, agriculture in Italy was abandoned for stock raising.
+
+Says Varro:[5] "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."
+
+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[6] 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.
+
+[Footnote 1: M. Bureau de la Malle, _Ec. polit. des Romains,_ch. 15, p.
+143; ch. 2, p.231.]
+
+[Footnote 2: Plutarch, _Cato the Censor,_6 and 7.]
+
+[Footnote 3: Horace, Sat. II, 7; v. 42-43: "Quid? si me stultior ipso
+quingentis empto drachmis, deprehenderis."]
+
+[Footnote 4: Diodorus, Siculus, Fg. of Bk. XXXIV.]
+
+[Footnote 5: Varro, _De R.R. Proem. _3, 4.]
+
+[Footnote 6: Livy, XXII, 15.]
+
+
+
+
+SEC. 11.--LEX SEMPRONIA TIBERIANA.
+
+
+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
+_ager publicus, _with the proviso that any father could reserve[1] 250
+jugera for each son.[2] This law differed from that of Licinius in that
+it guaranteed permanent possession of this amount to the occupier and his
+heirs forever.[3] Other clauses were subjoined providing for the payment[4]
+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.[5] 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.[6]
+
+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.[7] 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.
+
+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[8] 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.[9] This
+collegium of three persons,[10] 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.[11] 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.[12]
+
+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[13] 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 _ager publicus_
+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 _ager publicus_ and
+what _ager privatus_. 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 _ager publicus_ and
+confiscated.[14]
+
+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.[15] 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[16] to membership in the collegium.
+
+_Uncertainty as to the Details of the Lex Sempronia._ 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 _bona fide_
+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.
+
+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.
+
+_Results of this Law._ 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.
+
+"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.
+
+"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."
+
+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."
+
+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.e._ 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.[17] 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.
+
+This is sufficient to establish Mommsen's thesis;[18] 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.
+
+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.
+
+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.
+
+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.
+
+[Footnote 1: App., I,9; Livy, Epit., LVIII, XII: "possessores, qui filios
+in potestate haberent, supra legitimum modum ducena quinquagena jugera in
+singulos retinerent."]
+
+[Footnote 2: Mommsen states that this privilege was limited to 1000 jugera
+in all, and Wordsworth follows him, making the same statement. Lange, Röm.
+Alterthümer, 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: [Greek: "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., Röm.
+Alter, 106.]
+
+[Footnote 3: App., I, 11.]
+
+[Footnote 4: Momm., III, 114; Plutarch, Tiberius Gracchus, 9, 1. 9.]
+
+[Footnote 5: App., I, 1. 3.]
+
+[Footnote 6: [Greek: 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; [Greek: 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."]. 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., [Greek: Italikou
+genous] and [Greek: Italia ethnae]. Momm., Röm. Ge., II, 88.]
+
+[Footnote 7: Sallust, Jugertha, XLII.]
+
+[Footnote 8: App., I, XII; Plutarch, Tiberius Gracchus, 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."]
+
+[Footnote 9: Momm., III, 115.]
+
+[Footnote 10: App., I, 9; Livy, Epit., LVIII, 12; Plut., Tib. Gr., 8-14;
+Cic., De Leg. Agr., II, 12, 13; Velleius, 2, 2; Aurelius Vic., De Vir.
+Illus., 64.]
+
+[Footnote 11: Plutarch, Tiberius Gracchus, 13.]
+
+[Footnote 12: Momm., III, 115. See Ihne's just condemnation of this clause;
+IV, 387.]
+
+[Footnote 13: Plutarch, Tib. Grac., XIII, ln. 12; Duruy, Hist. Rom., vol.
+II, pp. 339-420 of Translation.]
+
+[Footnote 14: Long, I, 183; Ihne, IV, 387; Lange, III, 10-12; Nitzsch,
+Die Gracchen, 294 et seq.]
+
+[Footnote 15: Plutarch, Tib. Grac., 14; Florus, II.]
+
+[Footnote 16: Cicero, De Amicitia, 12. "Tiberius Gracchus regnum occupare
+conatus est vel regnavit is quidem paucas menses."]
+
+[Footnote 17: Momm., II, p. 417.]
+
+[Footnote 18: Professor Long thinks that the law of Tiberius soon became a
+dead letter. Lange (Röm. Alter., III, 26-29), inclines to this view. Duruy
+(II, 419-420), and most other modern writers agree with Mommsen.]
+
+
+
+
+
+SEC. 12.--LEX SEMPRONIA GAIANA.
+
+
+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.[1] 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.[2] 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,[3] 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[4] 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.
+
+[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
+_senatus consultum._ See Ihne, IV, 414, note.]
+
+[Footnote 2: Momm., III, 137.]
+
+[Footnote 3: Cicero, _De Leg. Agr._, II, c. 29-32; Marquardt u. Momm.,
+_Röm. Alter._, IV, 106: "ager publicus mit Ausnahme einiger dem Staate
+unenbehrlicher Domainen, wozu namentlich das Gebiet von Capua und das
+stellatische Feld bei Cales gehörte."]
+
+[Footnote 4: Ihne, IV, 438-479. Plutarch, _Gaius Gracchus_, 13.]
+
+
+
+
+CHAPTER III.
+
+
+
+
+SEC. 13.--LEX THORIA.[1]
+
+
+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.
+
+1. A law "That the holders of the land which was the matter in dispute
+might legally sell[2] 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[3] makes the date 118, and Mommsen assigns the law to
+Marcus[4] 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[5] 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[6] 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.[7] 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,[8] and
+the plodding unexciting life of the Roman _agricola_, 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[9]
+which enjoyed the sweet privilege of an existence sustained without labor.
+
+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[10] 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.
+
+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 (_vectigalia_) for it to the state ([Greek: daemo]) and that the
+money arising from these payments should be distributed."[11]
+
+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,[12] thus reëstablishing the law which had been annulled by
+Drusus. This took the place of distributions of land, which had now been
+made impossible[13] in Italy. In reality this law was disastrous to the
+plebeians as it established a tax[14] for their benefit, a _congiarium_,
+and placed a premium upon laziness.
+
+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.[15] Cicero mentions a tribune by the name of Spurius[16]
+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."[17] Appian
+says that Spurius Borius guaranteed the _possessions_ 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.[18] 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[l9] "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.
+
+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 [Greek: oupolu husteron] abolished even the vectigalia."[20]
+This is evidently the same law which Cicero mentions as that of Spurius
+Thorius and as he also mentions him in another place (_De Or_., II, 70,
+284), we may possibly accept him as the author.
+
+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[21]
+back an agrarian law. These fragments were discovered in the 16th century
+among the collections in the Museum of Cardinal[22] 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.[23] Mommsen has a
+commentary in the Corpus Inscriptionum Latinarum[24] 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[25] his arguments moreover for this title are not easily set
+aside, we can do no better than adopt it.
+
+
+
+
+_Argument of the Lex Thoria._[26]
+
+The law evidently consists of three parts, although the rubricae are
+absent.
+
+I. De agro publico p. R. in Italia (1-43).
+
+II. De agro publico p. R. in Africa (44--95).
+
+III. De agro publico p. R. qui Corinthorum fuit (96-105).
+
+
+I. On the Ager Publicus in Italy.
+
+This part may be divided roughly into three sections: (1) Lines 1-24,
+defining _ager privatus_; (2) 24-32, defining _ager publicus_; (3) 33-43,
+on disputed cases.
+
+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.e._, _Ager
+Campanus_ and _Ager Stellatis_, was also excluded from the operation of the
+_lex Thoria_.
+
+(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;
+
+(2) Also, to the assignments made by lot (_sortito_) 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;
+
+(3) Also, to all lands taken from an old possessor, but on his complaint
+restored to him by the commissioners;
+
+(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;
+
+(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 "_formae_" or
+"_tabulae_."
+
+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."
+
+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.
+
+Of lines 11-13 (ch. II) nothing definite can be said, because of the few
+words which have been preserved.[27] Rudorff explains them as referring to
+land granted to _viasii vicani_ (dwellers in villages along the roads), by
+the Sempronian commissioners; such lands to remain in their possession, but
+to be theoretically _ager publicus._
+
+Lines 13-14 refer to lands occupied since 133 _agri colendi causa_. 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,[28] 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.
+
+Lines 14-15 relate to holders of pasture land (_ager compascuus_). This
+_ager compascuus_ was land which had been left undivided, and had not
+become the private property of any individual, but was the common property
+of the owners of the adjacent lands. These persons had the right to pasture
+stock upon this land by paying pasture dues (_scriptura_ or _vectigal_)
+to the state. The _Thoria lex_ freed these lands from the _vectigal_ or
+_scriptura_, and granted free pasturage to each man for ten head of
+large beasts--cattle, asses, and horses--and fifty head of smaller
+animals--sheep, goats, and swine. This common pasture must be carefully
+distinguished from the communal property which was granted to the settlers
+in a Colonia and called "_compascua publica_" with the additional title[29]
+of the colony, as "_Julienses_."
+
+These rights of common resemble, in some respects, the English common
+of pasture as described by Bracton.[30] By English customary law, every
+freeholder holding land within a manor, had the right of common of
+pasturage on the lord's wastes as an incident to his land.
+
+Lines 15-16. The possession of land, granted by the commissioners in a
+colony since 133, to be confirmed before the Ides of March next.
+
+Lines 16-17. The same rule applied to lands granted otherwise by the same
+commissioners.
+
+Line 18. Such occupants if forcibly ejected to be restored.
+
+Lines 19-20. Land assigned by the Sempronian commission, in compensation
+for land in a colony which had been made public, to become private.
+
+Lines 23-24. Confirmation of the title or restitution of such land to be
+made before the Ides of March next.
+
+Lines 24-25. Land besides this which remains public is not to be occupied,
+but to be left free to the public for grazing. A fine for occupation is
+imposed. The law allowed all persons to feed their beasts great and small
+on this public pasture, up to the number mentioned in lines 14-15 as the
+limit to be pastured on the _ager campascuus_, free of all tax. This,
+according to Rudorff, was done for the benefit of the small holders. Those
+who sent more than this number of animals to the public pastures must pay a
+_scriptura_, for each head.
+
+Line 26. While the cattle or sheep were driven along the '_calles_,' or
+beast-tracks, and along the public roads to the pasture grounds, no charge
+was made for what they consumed along the road.
+
+Line 27. Land given in compensation out of public land, to be _privatus
+utei quoi optuma lege_.
+
+Line 27. Land taken in this way from private ownership to be _publicus_, as
+in 133.
+
+Lines 27-28. Land given in compensation for _ager patritus_ to be itself
+_patritus_.
+
+Line 28. Public roads to remain as before.
+
+Line 29. Whatever Latins and _peregrini_ might do in 112, and whatever is
+not forbidden citizens to do by this law, they may do henceforward.
+
+Lines 29-30. Trial of a Latin to be the same as for a Roman citizen.
+
+Lines 31-32. Territory (1) of borough towns or colonies (2), in
+trientabulis, to be, as before, public.
+
+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.
+
+Lines 35-36. Cases of dispute after this date to be tried by consuls,
+praetors, or censors.
+
+Lines 36-39. Judgment on money owing to publicani to be given by consuls,
+proconsuls, praetors or propraetors.
+
+Line 40. No one to be prejudiced by refusing to swear to laws contrary to
+this law.
+
+Lines 41-42. No one to be prejudiced by refusing to obey laws contrary to
+this law.
+
+Lines 43-44. On the colony of Sipontum (?).
+
+Thus we see that the _lex Thoria_ had two main objects in view: (1) The
+guaranteeing to possessors full property in the land which they occupied.
+(2) The freeing from _vectigal_ or _scriptura_ the property of every one.
+
+In this way was the reaction of the aristocracy completed. It left nothing
+of the Sempronian law. Appian[31] 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 _possessions_ of the nobles were
+not only legally acquired but inviolable, then they raised the mask, and
+by a bold step swept away the _vectigal_,[32] 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[33] of trade and manufacture to the nobility, while conquest had
+filled their hands with gold and placed at their disposal vast numbers[34]
+of slaves. There was but one channel open for the investment of this
+gold,--the agrarian.[35] 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.
+
+[Footnote 1: Rudorff, _Ackergesetz des Spurius Thorius_, Zeitschrift für
+geschichtliche Rechtswissenschaft, Band X, s. 1-158. Corpus Inscriptionum
+Latinarum, vol. V, pp. 75-86. Wordsworth, _Specimens and Fragments of Early
+Latin_, 440-459.]
+
+[Footnote 2: Appian, _Bell. Civ._, I, c. 27.]
+
+[Footnote 3: Ihne, _Roman History_, V, 9.]
+
+[Footnote 4: Momm., _Rom. Hist._, III, 165.]
+
+[Footnote 5: Long, _Decline of the Rom. Rep._, I, 352. See Lange, _Röm.
+Alter._, III, 48.]
+
+[Footnote 6: Long, _loc. cit._]
+
+[Footnote 7: Momm., III, 161; Ihne, V, 10.]
+
+[Footnote 8: Long, _loc. cit._]
+
+[Footnote 9: Lange, III, 48-49; Marquardt u. Momm., IV, 108.]
+
+[Footnote 10: Long, _loc. cit._ Momm., III, 167-168; Ihne, V, 8-10.]
+
+[Footnote 11: Appian, I, c. 27.]
+
+[Footnote 12: Long, I, 353.]
+
+[Footnote 13: Long, I, 354.]
+
+[Footnote 14: Ihne, V, 10-11.]
+
+[Footnote 15: Long, I, 353; Wordsworth, 440; Momm., III, 165, note; Ihne,
+V, 9; Lange, III, 48; Appian, I, c. 27.]
+
+[Footnote 16: Cicero, _Brut._, 36.]
+
+[Footnote 17: Cicero, _De Orat._, II, 70.]
+
+[Footnote 18: Marquardt u. Momm., _Röm. Alter._, IV, 108, n. 4; Wordsworth,
+441.]
+
+[Footnote 19: Corpus Inscriptionum Latinarum, vol. I, p. 74.]
+
+[Footnote 20: Appian, I, c. 27.]
+
+[Footnote 21: Long, I, 355; Wordsworth, 440.]
+
+[Footnote 22: Long, I, 355; Wordsworth, 440; See Rudorff, Ack. des Sp.
+Thor.]
+
+[Footnote 23: Zeitschrift für geschichtliche Rechtswissenschaft, Band X, s.
+1-194.]
+
+[Footnote 24: C.I.L., I, pp. 75-86.]
+
+[Footnote 25: Long, I, 356.]
+
+[Footnote 26: Wordsworth, 447. See the text of this law in C.I.L., vol. I,
+pp. 79-80.]
+
+[Footnote 27: Long, I, 359.]
+
+[Footnote 28: "Quom quis ceivis Romanus agri colendi causa in eum agrum
+agri jugera non amplius xxx possidebit habebitue, is ager privatus esto."]
+
+[Footnote 29: Long, _loc. cit._; Wordsworth, 446.]
+
+[Footnote 30: Digby, _History of the Law of Real Property in England_, p.
+157.]
+
+[Footnote 31: Long, I, 357.]
+
+[Footnote 32: Appian, I, c. 27.]
+
+[Footnote 33: Long, _loc. cit._; Ihne, _loc. cit._]
+
+[Footnote 34: Ihne, _loc. cit._; Long, _loc. cit._]
+
+[Footnote 35: Momm., _loc. cit._]
+
+
+
+
+SEC. 14.--AGRARIAN MOVEMENTS BETWEEN 111 AND 86.
+
+
+In the year following the enactment of the _lex Thoria_, 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.[1] 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.
+
+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[2] 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.[3] 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[4] 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[5] 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,[6] 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.[7] These colonies were to consist
+of Roman citizens; and, in order that Latini,[8] 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[9] (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.
+
+In the year 99, _i.e._, 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.[10] 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[11] brought forward an agrarian law."
+Cicero mentions in another place, the _lex Titia_[12] upon the same page
+as the _lex Saturnina_ and implies that it had been enacted. If so it was
+disregarded and thus rendered void.
+
+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.[13] 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.
+
+[Footnote 1: Cic., _De Off._, II, 21.]
+
+[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.]
+
+[Footnote 3: App., I, 29; Plutarch, _Marius_, 29.]
+
+[Footnote 4: Plutarch, _Marius_, _loc. cit._]
+
+[Footnote 5: App., _Bell. Civ._, I, 30-33.]
+
+[Footnote 6: App., _loc. cit._]
+
+[Footnote 7: Aurelius Victor, 73.]
+
+[Footnote 8: Cicero, _De Orat._, II, c. 7, I; _pro Balbo_, XIV; _pro
+Rabirio_, XI.]
+
+[Footnote 9: Long, I.]
+
+[Footnote 10: Cicero, _Pro Rabirio_, 9.]
+
+[Footnote 11: Val. Max., VIII, 1, §2: "Sext. Titius... agraria lege lata
+gratiosus apud populum."]
+
+[Footnote 12: _De Legibus_, II, 6. _De Orat._, II, 11.]
+
+[Footnote 13: Ihne, V, 176-186; App., I, 35; Val. Max., IX, 5, 2: Cicero,
+_De Orat._, III, 1; Livy, _Epit._, 71.]
+
+
+
+
+SEC. 15.--EFFECT OF THE SULLAN REVOLUTION.
+
+
+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.[1] 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,[2] 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.[3] 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[4] was done away with and
+the domain given back to the state, thus becoming _ager publicus_. 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[5] 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[6] and the language of Rome.
+
+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[7] 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.[8] 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.
+
+Most of his new settlements were directed to Etruria, Faesulae and Arretium
+being among the number; others, to Latium[9] 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[10] 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.
+
+[Footnote 1: App., _Bell Civ._, I, 94-100; Livy, _Epit._, 89. Plutarch,
+_Life of Sulla._]
+
+[Footnote 2: Ihne, V, 391.]
+
+[Footnote 3: Momm., III, 428, note. See article on Sulla, in Brittannica.]
+
+[Footnote 4: Momm., III, 401.]
+
+[Footnote 5: Momm., III, 429; Ihne, V, 392; Long.]
+
+[Footnote 6: Momm., III, 429.]
+
+[Footnote 7: Momm., _loc. cit._; Ihne, V, 391-395.]
+
+[Footnote 8: Momm., III, 429.]
+
+[Footnote 9: Momm., III, 430; Marquardt u. Momm., _Röm. Alter._, IV, 111,
+totam Italiam suis praesidiis obsidere atque ocupare; Cicero, _De Leg.
+Agr._, 2, 28, 75.]
+
+[Footnote 10: App., I, 100; Cicero, _De Legibus Agrariis_, II, 28, 78;
+Ihne, V, 394; Marquardt u. Momm., IV, 111; Zumpt, _Comm. Epigr._, 242-246;
+Cicero, _Ad Att._, I, 19, 4: "Volaterranos et Arretinos, quorum agrum Sulla
+publicarat."]
+
+
+
+
+SEC. 16.--AGRARIAN MOVEMENTS BETWEEN 86 AND 59.
+
+
+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[1] 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."
+
+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.[2] 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.[3] This was the last attempt at agrarian legislation until the year
+59, when Julius Caesar enacted his famous law.
+
+[Footnote 1: Plutarch, _Cicero_, 16-17.]
+
+[Footnote 2: Cicero, _Ad. Att._, I, 19.]
+
+[Footnote 3: Ibid.: "Huic toti rationi agrariae senatus adversabatur,
+suspicans Pompeio novam quamdam potentiam quaeri."]
+
+
+
+
+SEC. 17.--LEX JULIA AGRARIA.
+
+
+During the first consulship of Caius Julius Cæsar, he brought forward an
+agrarian[1] bill at the instigation of his confederates. The main object of
+this bill was to furnish land to the Asiatic army[2] 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[3] (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[4] Capua which at the present time
+was let on public account.[5] 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 senate[6] 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."
+
+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.[7] 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 _Campanus ager_ is said[8] 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.[9] 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.[10]
+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.[11] 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,[12] 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."[13] 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.[14] 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[15] 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.[16]
+
+Did it pay to send out a swarm of 100,000 idle paupers[17] 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?
+
+[Footnote 1: Livy, _Epit._, 103.]
+
+[Footnote 2: Momm., IV, 244.]
+
+[Footnote 3: App., _Bell. Civ._, II, c. 10.]
+
+[Footnote 4: Compare Dio Cassius, Bk., XXXVIII, c. 1: "[Greek: Taen de
+choran taen de koinaen hapasan plaen taes Kampanidos eneme, tautaen gar en
+to daemosio ezaireton dia taen aretaen synebouleusen einai.]"]
+
+[Footnote 5: Compare Suetonius' _Cæsar_, c. 20: "Campum Stellatem,
+majoribus consecratum, agrumque Campanum, ad subsidea reipublicae (sic)
+vectigalem relictum."]
+
+[Footnote 6: App., II, c. 11.]
+
+[Footnote 7: App., II, c. 20, and Suetonius, _Julius Caesar_, c. 20.]
+
+[Footnote 8: Suetonius, _loc. cit._]
+
+[Footnote 9: Lange, _Röm. Alter._, III, 273.]
+
+[Footnote 10: Cicero, _ad. Att._, VIII, 4.]
+
+[Footnote 11: Dion Cassius, 45, c. 12; Cicero, _ad Att._, X, 8.]
+
+[Footnote 12: Cicero, _Phil._, II, 39: "agrum Campanum, qui cum de
+vectigalibus eximebatur, ut militibus daretur." Marquardt u. Momm., _Röm.
+Alter._, IV, 114.]
+
+[Footnote 13: Momm., IV. 244.]
+
+[Footnote 14: Momm., III, 392, 428.]
+
+[Footnote 15: Momm., III, 392, 428.]
+
+
+
+
+SEC. 18.--DISTRIBUTION OF LAND AFTER THE CIVIL WAR BETWEEN CÆSAR AND
+POMPEY.
+
+
+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,[1] 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.[2] 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[3] as much as possible throughout the entire peninsula in order
+to make them more easily amenable to the laws.[4] 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.
+
+[Footnote 1: App., 94.]
+
+[Footnote 2: App., II, 120.]
+
+[Footnote 3: Long; Momm.]
+
+[Footnote 4: Suetonius, _Julius Cæsar_, 38.]
+
+
+
+
+SEC. 19.--DISTRIBUTIONS FROM THE DEATH OF CÆSAR TO THE TIME OF AUGUSTUS.
+
+
+The death of Cæsar 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,[1] a _lex agraria_, and the other the _lex de colonis in agros
+deducendis_ by the consul Marcus Antonius. The first was enacted on the 5th
+of June,[2] and ordered that all the _ager publicus_ 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 _senatus consultum_ of the 4th of January, 43,[3]
+but was nevertheless carried into execution almost immediately with great
+relentlessness towards the enemies[4] of Antonius. The second, the _Lex
+Antonia_, perished in April of 44, and had as a result the establishment
+of a colony near Casilinum,[5] which Cæsar had already colonized; the
+remainder of the domain lands, the _ager Campanus_ and _ager Leontinus_,
+was converted into a reward for the supporters of Antonius.[6] This was
+also set aside by the new law of the consul C. Vibius Pansa, in February,
+43.[7]
+
+
+
+
+_Second Triumvirate._ 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.e._, a new agrarian law; Appian says:--"In order to increase the
+zeal of the army, the triumvirs promised to the soldiers, independent[8]
+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."
+
+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.
+
+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:
+
+1. They were executed at the expense not only of public domains but also of
+private property.
+
+2. They were the work of one man and not of the entire people.
+
+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.
+
+Upon the establishment of the empire, the public lands became a vast
+manorial estate whose over-lord was the emperor himself.
+
+[Footnote 1: L. Langii, Commentationis de Legibus Antoniis a Cicerone
+Phil., V, 4, 10; Commemoratis particula prior et posterior; Lipsiae,
+1882; Lange, _Röm. Alter._, III, 499, 503, 526; Marquardt u. Momm., _Röm.
+Alter._, IV, 116.]
+
+[Footnote 2: Lange, _Comm._, II, 14.]
+
+[Footnote 3: Cicero, _Phil._, VI, 5, 14; XI, 6, 13.]
+
+[Footnote 4: _Phil._, V, 7, 20.]
+
+[Footnote 5: Langii, _Comm._, II, 14.]
+
+[Footnote 6: Cic., _Phil._, II, 17, 43; II, 39, 101; III, 9, 22; VIII, 8,
+26; Dio Cass., 45, 30; 46, S.]
+
+[Footnote 7: Cic., _Phil._, V, 4, 10; V, 19, 53; X, 8, 17; VIII, 15, 31.]
+
+[Footnote 8: [Greek: "Dosesi ton Italikon poleon oktokaideka ... osper
+autois anti taes polemias dorilaeptoi genomenai.... Outo men ta kallista
+taes Italias to strato diegrephon."] App., IV, 3.]
+
+
+
+
+FINIS.
+
+
+
+
+
+
+
+
+
+End of the Project Gutenberg EBook of Public Lands and Agrarian Laws of the
+Roman Republic, by Andrew Stephenson
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+
+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
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+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
+
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+
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+</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&mdash;<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. &nbsp;&nbsp;<a href="#I1">1. &nbsp;LANDED
+PROPERTY</a><br />
+Sec. &nbsp;&nbsp;<a href="#I2">2. &nbsp;QUIRITARIAN
+OWNERSHIP</a><br />
+Sec. &nbsp;&nbsp;<a href="#I3">3. &nbsp;AGER PUBLICUS</a><br />
+Sec. &nbsp;&nbsp;<a href="#I4">4. &nbsp;ROMAN COLONIES</a></p>
+
+<br />
+<p class="indent1"><a href="#II">CHAPTER II.</a></p>
+
+<p class="indent2">Sec. &nbsp;&nbsp;<a href="#II5">5. &nbsp;LEX
+CASSIA</a><br />
+Sec. &nbsp;&nbsp;<a href="#II6">6. &nbsp;AGRARIAN MOVEMENTS BETWEEN
+486 AND 367</a><br />
+&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
+<a href="#II6a">(a) Extension of Territory by conquest up to the
+year 367 B.C.</a><br />
+&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
+<a href="#II6b">(b) Colonies Founded between 454 and 367</a><br />
+<br />
+ Sec. &nbsp;&nbsp;<a href="#II7">7. &nbsp;LEX LICINIA</a><br />
+Sec. &nbsp;&nbsp;<a href="#II8">8. &nbsp;AGRARIAN MOVEMENTS BETWEEN
+367 AN 133</a><br />
+&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
+<a href="#II8a">(a) Extension of Territory by conquest between 367
+and 133</a><br />
+&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
+<a href="#II8b">(b) Colonies Founded between 367 and 133</a><br />
+<br />
+ Sec. &nbsp;&nbsp;<a href="#II9">9. &nbsp;LATIFUNDIA</a><br />
+Sec. <a href="#II10">10. &nbsp;INFLUENCE OF SLAVERY</a><br />
+Sec. <a href="#II11">11. &nbsp;LEX SEMPRONIA TIBERIANA</a><br />
+Sec. <a href="#II12">12. &nbsp;LEX SEMPRONIA GAIANA</a></p>
+
+<br />
+<p class="indent1"><a href="#III">CHAPTER III.</a></p>
+
+<p class="indent2">Sec. <a href="#III13">13. &nbsp;LEX
+THORIA</a><br />
+Sec. <a href="#III14">14. &nbsp;AGRARIAN MOVEMENTS BETWEEN 111 AND
+86</a><br />
+Sec. <a href="#III15">15. &nbsp;EFFECT OF THE SULLAN
+REVOLUTION</a><br />
+Sec. <a href="#III16">16. &nbsp;AGRARIAN MOVEMENTS BETWEEN 86 AND
+59</a><br />
+Sec. <a href="#III17">17. &nbsp;LEX JULIA AGRARIA</a><br />
+Sec. <a href="#III18">18. &nbsp;DISTRIBUTION OF LAND AFTER THE
+CIVIL WAR</a><br />
+&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
+BETWEEN C&AElig;SAR AND POMPEY<br />
+Sec. <a href="#III19">19.&nbsp; DISTRIBUTIONS FROM THE DEATH OF
+C&AElig;SAR</a><br />
+&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
+TO THE TIME OF AUGUSTUS<br />
+&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
+<a href="#III19a">(a) Lex Agraria of Lucius Antonius</a><br />
+&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
+<a href="#III19a">(b) Lex de Colonis in Agros Deducendis</a><br />
+&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
+<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>&mdash;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>, &sect; 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,
+&sect; 1.]</li>
+
+<li>[Footnote 8: Pseudo Fabius Pictor, Bk. I, p. 54; Plut.,
+<i>Numa</i>, 16; Festus V&deg; 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, &sect; 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&mdash;"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 r&ouml;mischen Republik</i>, 52; Lange, <i>R&ouml;mische
+Geschichte</i>, I, 18.]</li>
+
+<li>[Footnote 26: Dureau de la Malle, <i>M&eacute;m. sur les pop.
+de l'Italie, 500 et seq</i>.]</li>
+</ul>
+
+<br />
+<br />
+<br />
+
+
+<h4>SEC. <a name="I2">2.</a>&mdash;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,&mdash;<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
+Propri&eacute;t&eacute;</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>&mdash;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, &sect; 6.]</li>
+
+<li>[Footnote 11: Giraud, <i>Droit de propri&eacute;t&eacute; 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>,
+&Zeta;. &Kappa;&epsilon;&phi;. &theta;. 7:
+&Alpha;&nu;&alpha;&gamma;&kappa;&alpha;&iota;&omicron;&nu;
+&tau;&omicron;&iota;&nu;&upsilon;&nu; &epsilon;&iota;&sigmaf;
+&delta;&upsilon;&omicron; &mu;&epsilon;&rho;&eta;
+&delta;&iota;&eta;&rho;&eta;&sigma;&theta;&alpha;&iota;
+&tau;&eta;&nu; &chi;&omega;&rho;&alpha;&nu; &kappa;&alpha;&iota;
+&tau;&eta;&nu; &mu;&epsilon;&nu; &epsilon;&iota;&nu;&alpha;&iota;
+&kappa;&omicron;&iota;&nu;&eta;&nu;, &tau;&eta;&nu;
+&delta;&epsilon; &tau;&omega;&nu;
+&iota;&delta;&iota;&omega;&tau;&omega;&nu;.<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 C&aelig;sar, 38;
+Octavius, 13, 32; C&aelig;sar, 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>&mdash;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">&nbsp;<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">&nbsp;1<br />
+&nbsp;2<br />
+&nbsp;3<br />
+&nbsp;4<br />
+&nbsp;5<br />
+&nbsp;6<br />
+&nbsp;7<br />
+&nbsp;8<br />
+&nbsp;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 />
+&nbsp;&nbsp;&nbsp;"<br />
+&nbsp;&nbsp;&nbsp;"<br />
+&nbsp;&nbsp;&nbsp;"<br />
+&nbsp;&nbsp;&nbsp;"<br />
+&nbsp;&nbsp;&nbsp;"<br />
+&nbsp;&nbsp;&nbsp;"<br />
+&nbsp;&nbsp;&nbsp;"<br />
+&nbsp;&nbsp;&nbsp;"<br />
+Etruria.<br />
+ &nbsp;&nbsp;&nbsp;"<br />
+ Latium.<br />
+ Campania.<br />
+ Latium.<br />
+Apulia.<br />
+<br />
+ Isle of Latium.<br />
+Samnium.<br />
+Latium.<br />
+&nbsp;&nbsp;&nbsp;"<br />
+&nbsp;&nbsp;&nbsp;"<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 />
+&nbsp;&nbsp;&nbsp;"&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;"<br />
+Lucania.<br />
+Bruttii.<br />
+Gallia Cis.<br />
+Gallia Trans.<br />
+ </td>
+<td width="5%" valign="top">&nbsp;&nbsp;&nbsp;?<br />
+&nbsp;&nbsp;&nbsp;?<br />
+&nbsp;&nbsp;&nbsp;?<br />
+&nbsp;&nbsp;&nbsp;?<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 />
+ &nbsp;&nbsp;&nbsp;"&nbsp;&nbsp;&nbsp;&nbsp;3,
+1;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;"&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;9,
+59.<br />
+ &nbsp;&nbsp;&nbsp;"&nbsp;&nbsp;&nbsp;&nbsp;4, 11; Diodor.,
+12,34.<br />
+ &nbsp;&nbsp;&nbsp;"&nbsp;&nbsp;&nbsp;&nbsp;6, 14.<br />
+ Vell., 1, 14.<br />
+ Livy, 6, 21; Vell.<br />
+Vell., 1,14; Livy, 6, 30.<br />
+ &nbsp;&nbsp;&nbsp;"&nbsp;&nbsp;&nbsp;&nbsp;1,14;&nbsp;&nbsp;&nbsp;"&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;8,16.<br />
+ Livy, 8, 22.<br />
+ &nbsp;&nbsp;&nbsp;"&nbsp;&nbsp;&nbsp;&nbsp;Epit., 60.<br />
+ &nbsp;&nbsp;&nbsp;"&nbsp;&nbsp;&nbsp;&nbsp;9, 28.<br />
+ &nbsp;&nbsp;&nbsp;"&nbsp;&nbsp;&nbsp;&nbsp;9, 28.<br />
+ &nbsp;&nbsp;&nbsp;"&nbsp;&nbsp;&nbsp;&nbsp;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 />
+ &nbsp;&nbsp;&nbsp;"&nbsp;&nbsp;&nbsp;&nbsp;10,
+1;&nbsp;&nbsp;&nbsp;&nbsp;"&nbsp;&nbsp;&nbsp;1, 14.<br />
+ &nbsp;&nbsp;&nbsp;"&nbsp;&nbsp;&nbsp;&nbsp;10, 10.<br />
+ &nbsp;&nbsp;&nbsp;"&nbsp;&nbsp;&nbsp;&nbsp;10, 13.<br />
+ Vell., 1, 14; Dionys. Ex., 2335.<br />
+ Livy, Epit., 11.<br />
+ &nbsp;&nbsp;&nbsp;"&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;"&nbsp;&nbsp;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 />
+ &nbsp;&nbsp;&nbsp;"&nbsp;&nbsp;&nbsp;&nbsp;1, 14; L. Epit.,
+16.<br />
+ &nbsp;&nbsp;&nbsp;"&nbsp;&nbsp;&nbsp;&nbsp;1,
+14;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;"&nbsp;&nbsp;&nbsp;&nbsp;19.<br />
+ &nbsp;&nbsp;&nbsp;"&nbsp;&nbsp;&nbsp;&nbsp;1,
+14;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;"&nbsp;&nbsp;&nbsp;&nbsp;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 />
+ &nbsp;&nbsp;&nbsp;"&nbsp;&nbsp;&nbsp;&nbsp;34, 40; 35,40.<br />
+ &nbsp;&nbsp;&nbsp;"&nbsp;&nbsp;&nbsp;&nbsp;37, 57; Vell., 1,
+15.<br />
+ &nbsp;&nbsp;&nbsp;"&nbsp;&nbsp;&nbsp;&nbsp;40, 34;
+"&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;"<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">&nbsp;<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">&nbsp;1<br />
+&nbsp;2<br />
+&nbsp;3<br />
+&nbsp;4<br />
+&nbsp;5<br />
+&nbsp;6<br />
+&nbsp;7<br />
+&nbsp;8<br />
+&nbsp;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 />
+&nbsp;&nbsp;&nbsp;"&nbsp;&nbsp;&nbsp;&nbsp;8, 14.<br />
+&nbsp;&nbsp;&nbsp;"&nbsp;&nbsp;&nbsp;&nbsp;8, 21; 27, 38; Vell. 1,
+14.<br />
+Livy, 10, 21.<br />
+&nbsp;&nbsp;&nbsp;"&nbsp;&nbsp;&nbsp;&nbsp;10, 21; 27, 38.<br />
+&nbsp;&nbsp;&nbsp;"&nbsp;&nbsp;&nbsp;&nbsp;Epit., 11; Vell., 1, 14,
+8.<br />
+Livy, Epit., 11; Vell., 1, 14, 8.<br />
+Vell., 1, 14, 8.<br />
+&nbsp;&nbsp;&nbsp;"&nbsp;&nbsp;&nbsp;&nbsp;1, 14, 8; L. Epit., 19;
+L., 36, 3.<br />
+Livy, 36, 3.<br />
+&nbsp;&nbsp;&nbsp;"&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;"<br />
+ &nbsp;&nbsp;&nbsp;"&nbsp;&nbsp;&nbsp;&nbsp;34, 45.<br />
+Id.<br />
+Id.<br />
+Id.<br />
+Livy, 34, 45.<br />
+Id.<br />
+Id.<br />
+Id.<br />
+Livy, 39, 44.<br />
+&nbsp;&nbsp;&nbsp;"&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;"&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;"<br />
+&nbsp;&nbsp;&nbsp;"&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;"&nbsp;&nbsp;&nbsp;&nbsp;55.<br />
+Livy, 39, 55.<br />
+&nbsp;&nbsp;&nbsp;"&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;"&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;"<br />
+&nbsp;&nbsp;&nbsp;"&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;40, 39.<br />
+&nbsp;&nbsp;&nbsp;"&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;41, 13.<br />
+Vell., 1, 15, 3.<br />
+&nbsp;&nbsp;&nbsp;"&nbsp;&nbsp;&nbsp;1, 15, 4.<br />
+&nbsp;&nbsp;&nbsp;"&nbsp;&nbsp;&nbsp;1, 15, 4; Appian B.C., 2,
+23.<br />
+Id.<br />
+Vell., 1, 15, 5.<br />
+&nbsp;&nbsp;&nbsp;"&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;"&nbsp;&nbsp;&nbsp;"<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,
+&phi;&upsilon;&lambda;&alpha;&kappa;&alpha;&sigmaf;
+&tau;&omega;&nu;
+&pi;&epsilon;&pi;&omicron;&lambda;&epsilon;&mu;&eta;&kappa;&omicron;&tau;&omega;&nu;.
+(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>&mdash;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;
+"&Omicron;&iota; &delta;&epsilon; &pi;&alpha;&rho;&alpha;
+&tau;&omicron;&upsilon;&tau;&omega;&nu; &tau;&eta;&nu;
+&upsilon;&pi;&alpha;&tau;&epsilon;&iota;&alpha;&nu;
+&pi;&alpha;&rho;&alpha;&lambda;&alpha;&beta;&omicron;&nu;&tau;&eta;&sigmaf;
+&pi;&omicron;&pi;&lambda;&iota;&omicron;&sigmaf;<br />
+ &Omicron;&upsilon;&epsilon;&rho;&gamma;&iota;&nu;&iota;&omicron;&sigmaf;
+&kappa;&alpha;&iota;
+&Sigma;&pi;&omicron;&rho;&iota;&omicron;&sigmaf;
+&Kappa;&alpha;&sigma;&sigma;&iota;&omicron;&sigmaf;, &tau;&omicron;
+&tau;&rho;&iota;&tau;&omicron;&nu; &tau;&omicron;&tau;&epsilon;
+&alpha;&pi;&omicron;&delta;&epsilon;&iota;&chi;&theta;&epsilon;&iota;&sigmaf;
+&upsilon;&pi;&omicron;&tau;&omicron;&sigmaf;, &kappa;. &tau;.
+&lambda;."<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:
+"&epsilon;&kappa;&kappa;&lambda;&eta;&sigma;&iota;&alpha;&iota;
+&tau;&epsilon;
+&sigma;&upsilon;&nu;&epsilon;&gamma;&epsilon;&iota;&sigmaf;
+&upsilon;&pi;&omicron; &tau;&omega;&nu;
+&tau;&omicron;&tau;&epsilon;
+&delta;&eta;&mu;&alpha;&rho;&chi;&omega;&nu;
+&epsilon;&gamma;&iota;&nu;&omicron;&nu;&tau;&omicron;
+&kappa;&alpha;&iota;
+&alpha;&pi;&alpha;&iota;&tau;&eta;&sigma;&epsilon;&iota;&sigmaf;
+&tau;&eta;&sigmaf;
+&upsilon;&pi;&omicron;&sigma;&chi;&epsilon;&sigma;&epsilon;&omega;&sigmaf;."
+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>&mdash;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
+&Sigma;&pi;&upsilon;&rho;&iota;&omicron;&sigmaf;
+&Sigma;&iota;&kappa;&iota;&lambda;&iota;&omicron;&sigmaf; (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 C&aelig;sar, 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,&mdash;"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,&mdash;"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:
+"&tau;&omicron;&upsilon;&sigmaf;
+&kappa;&alpha;&tau;&epsilon;&gamma;&omicron;&nu;&tau;&omicron;&sigmaf;
+&tau;&eta;&nu; &chi;&omega;&rho;&alpha;&nu; &tau;&eta;&nu;
+&delta;&epsilon;&mu;&omicron;&sigma;&iota;&alpha;&nu;."...
+"&Kappa;&alpha;&iota;
+&Sigma;&iota;&kappa;&iota;&lambda;&iota;&omicron;&sigmaf;
+&omicron;&upsilon;&delta;&epsilon;&nu;&omicron;&sigmaf;
+&epsilon;&tau;&iota; &kappa;&upsilon;&rho;&iota;&omicron;&sigmaf;
+&eta;&nu;."<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>R&ouml;mische 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>R&ouml;m. 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>&epsilon;&mu;&pi;&epsilon;&rho;&iota;&epsilon;&chi;&omicron;&mu;&epsilon;&nu;&omicron;&sigmaf;
+&tau;&eta; &pi;&omicron;&lambda;&epsilon;&iota;&sigmaf;
+(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,
+M&uuml;ll.]</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>&mdash;<i>Extension of Territory of
+conquest up to the year 367 B.C.</i></h4>
+
+<br />
+<ul class="none">
+<li class="list">&nbsp;&nbsp;&nbsp;1. Coreoli, captured in
+442.</li>
+
+<li class="list">&nbsp;&nbsp;&nbsp;2. Bolae, captured in 414.</li>
+
+<li class="list">&nbsp;&nbsp;&nbsp;3. Labicum, captured in
+418.</li>
+
+<li class="list">&nbsp;&nbsp;&nbsp;4. Fidenae, captured in 426 and
+all the territory confiscated.</li>
+
+<li class="list">&nbsp;&nbsp;&nbsp;5. Veii, captured in 396.<br />
+&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;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>&mdash;<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 />
+&nbsp;&nbsp;&nbsp;&nbsp;418</td>
+<td width="15%" valign="top"><br />
+&nbsp;1,500</td>
+<td width="13%" valign="top"><br />
+&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;2</td>
+<td width="14%" valign="top"><br />
+&nbsp;3,000</td>
+<td width="15%" valign="top"><br />
+&nbsp;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 />
+&nbsp;&nbsp;&nbsp;"<br />
+Etruria.<br />
+&nbsp;&nbsp;&nbsp;"<br />
+Latium.<br />
+</td>
+<td width="15%" valign="top">&nbsp;&nbsp;&nbsp;&nbsp;442<br />
+&nbsp;&nbsp;&nbsp;&nbsp;385<br />
+&nbsp;&nbsp;&nbsp;&nbsp;383<br />
+&nbsp;&nbsp;&nbsp;&nbsp;383<br />
+&nbsp;&nbsp;&nbsp;&nbsp;382<br />
+</td>
+<td width="15%" valign="top">&nbsp;&nbsp;&nbsp;&nbsp;300<br />
+&nbsp;&nbsp;&nbsp;&nbsp;300<br />
+&nbsp;&nbsp;&nbsp;&nbsp;300<br />
+&nbsp;&nbsp;&nbsp;&nbsp;300<br />
+&nbsp;&nbsp;&nbsp;&nbsp;300<br />
+</td>
+<td width="13%" valign="top">
+&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;2<br />
+&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;2<br />
+&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;2<br />
+&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;4<br />
+&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;4<br />
+</td>
+<td width="14%" valign="top">&nbsp;&nbsp;&nbsp;&nbsp;600<br />
+&nbsp;&nbsp;&nbsp;&nbsp;600<br />
+&nbsp;&nbsp;&nbsp;&nbsp;600<br />
+&nbsp;1,200<br />
+&nbsp;1,200<br />
+</td>
+<td width="13%" valign="top">&nbsp;&nbsp;&nbsp;&nbsp;375<br />
+&nbsp;&nbsp;&nbsp;&nbsp;375<br />
+&nbsp;&nbsp;&nbsp;&nbsp;375<br />
+&nbsp;&nbsp;&nbsp;&nbsp;750<br />
+&nbsp;&nbsp;&nbsp;&nbsp;750<br />
+</td>
+</tr>
+</table>
+
+<table summary="Totals" border="1" cellspacing="2" cellpadding="2"
+width="100%">
+<tr>
+<td width="60%" valign="top">&nbsp;</td>
+<td width="13%" valign="top">
+&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Total</td>
+<td width="14%" valign="top">&nbsp;7,200</td>
+<td width="13%" valign="top">&nbsp;4,500</td>
+</tr>
+</table>
+
+<br />
+<br />
+<br />
+<h4><a name="II7">SEC. 7.</a>&mdash;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,&mdash;in which
+effort of thought the power of all reformers begins,&mdash;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
+C&aelig;sar. 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>R&ouml;m.
+Alterth&uuml;mer,</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 />
+ &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;"Furius antiquam populi superator
+Hetrusci<br />
+ &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Voverat et voti solverat ante
+fidem<br />
+ &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Causa quod a patribus sumtis
+secesserat annis<br />
+ &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;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>&tau;&eta;&nu;
+&gamma;&eta;&nu; &epsilon;&sigmaf; &tau;&omicron;&upsilon;&sigmaf;
+&omicron;&iota;&kappa;&epsilon;&iota;&omicron;&upsilon;&sigmaf;
+&epsilon;&pi;&iota;
+&upsilon;&pi;&omicron;&kappa;&rho;&iota;&sigma;&epsilon;&iota;
+&delta;&iota;&epsilon;&nu;&epsilon;&mu;&omicron;&nu;</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>&mdash;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 2&frac34;, 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 &AElig;tolians
+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 />
+ &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;"Mox etiam fructis aetate, ac Punica
+passis<br />
+ &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Proelia vel Pyrrhum immanem
+glacosque Molossos,<br />
+ &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Tandem pro multis vix jugera
+bina dabantur<br />
+ &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;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>R&ouml;m. 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.... Divers&#275;runt 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>R&ouml;m. Ge.</i>, II, 225.]</li>
+
+<li>[Footnote 37: Ihne, IV, 370.]</li>
+
+<li>[Footnote 38: Momm., Lange, Ihne, Long&mdash;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>&mdash;<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>&mdash;<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">&nbsp;&nbsp;338<br />
+&nbsp;&nbsp;329<br />
+&nbsp;&nbsp;296<br />
+&nbsp;&nbsp;296<br />
+&nbsp;&nbsp;283<br />
+&nbsp;&nbsp;283<br />
+&nbsp;&nbsp;247<br />
+&nbsp;&nbsp;247<br />
+&nbsp;&nbsp;245<br />
+&nbsp;&nbsp;191<br />
+&nbsp;&nbsp;194<br />
+&nbsp;&nbsp;194<br />
+&nbsp;&nbsp;194<br />
+&nbsp;&nbsp;194<br />
+&nbsp;&nbsp;194<br />
+&nbsp;&nbsp;194<br />
+&nbsp;&nbsp;194<br />
+&nbsp;&nbsp;194<br />
+&nbsp;&nbsp;184<br />
+&nbsp;&nbsp;184<br />
+&nbsp;&nbsp;183<br />
+&nbsp;&nbsp;183<br />
+&nbsp;&nbsp;183<br />
+&nbsp;&nbsp;181<br />
+&nbsp;&nbsp;173<br />
+&nbsp;&nbsp;157<br />
+</td>
+<td width="10%" valign="top">&nbsp;&nbsp;&nbsp;300<br />
+&nbsp;&nbsp;&nbsp;300<br />
+&nbsp;&nbsp;&nbsp;300<br />
+&nbsp;&nbsp;&nbsp;300<br />
+&nbsp;&nbsp;&nbsp;300<br />
+&nbsp;&nbsp;&nbsp;300<br />
+&nbsp;&nbsp;&nbsp;300<br />
+&nbsp;&nbsp;&nbsp;300<br />
+&nbsp;&nbsp;&nbsp;300<br />
+&nbsp;&nbsp;&nbsp;300<br />
+&nbsp;&nbsp;&nbsp;300<br />
+&nbsp;&nbsp;&nbsp;300<br />
+&nbsp;&nbsp;&nbsp;300<br />
+&nbsp;&nbsp;&nbsp;300<br />
+&nbsp;&nbsp;&nbsp;300<br />
+&nbsp;&nbsp;&nbsp;300<br />
+&nbsp;&nbsp;&nbsp;300<br />
+&nbsp;&nbsp;&nbsp;300<br />
+&nbsp;&nbsp;&nbsp;300<br />
+&nbsp;&nbsp;&nbsp;300<br />
+1,000<br />
+1,000<br />
+&nbsp;&nbsp;&nbsp;300<br />
+&nbsp;&nbsp;&nbsp;300<br />
+&nbsp;&nbsp;&nbsp;300<br />
+&nbsp;&nbsp;&nbsp;300<br />
+</td>
+<td width="10%" valign="top">&nbsp;&nbsp;&nbsp;&nbsp;2<br />
+&nbsp;&nbsp;&nbsp;&nbsp;2<br />
+&nbsp;&nbsp;&nbsp;&nbsp;2<br />
+&nbsp;&nbsp;&nbsp;&nbsp;2<br />
+&nbsp;&nbsp;&nbsp;&nbsp;6<br />
+&nbsp;&nbsp;&nbsp;&nbsp;6<br />
+&nbsp;&nbsp;&nbsp;&nbsp;6<br />
+&nbsp;&nbsp;&nbsp;&nbsp;6<br />
+&nbsp;&nbsp;&nbsp;&nbsp;6<br />
+&nbsp;&nbsp;&nbsp;&nbsp;6<br />
+&nbsp;&nbsp;&nbsp;&nbsp;6<br />
+&nbsp;&nbsp;&nbsp;&nbsp;6<br />
+&nbsp;&nbsp;&nbsp;&nbsp;6<br />
+&nbsp;&nbsp;&nbsp;&nbsp;6<br />
+&nbsp;&nbsp;&nbsp;&nbsp;6<br />
+&nbsp;&nbsp;&nbsp;&nbsp;6<br />
+&nbsp;&nbsp;&nbsp;&nbsp;4<br />
+&nbsp;&nbsp;&nbsp;&nbsp;4<br />
+&nbsp;&nbsp;&nbsp;&nbsp;6<br />
+&nbsp;&nbsp;&nbsp;&nbsp;6<br />
+&nbsp;&nbsp;&nbsp;&nbsp;6<br />
+&nbsp;&nbsp;&nbsp;&nbsp;6<br />
+&nbsp;&nbsp;&nbsp;&nbsp;6<br />
+&nbsp;&nbsp;&nbsp;&nbsp;5<br />
+&nbsp;&nbsp;&nbsp;&nbsp;6<br />
+&nbsp;&nbsp;&nbsp;&nbsp;6<br />
+</td>
+<td width="15%" valign="top">&nbsp;&nbsp;&nbsp;&nbsp;600<br />
+&nbsp;&nbsp;&nbsp;&nbsp;600<br />
+&nbsp;&nbsp;&nbsp;&nbsp;600<br />
+&nbsp;&nbsp;&nbsp;&nbsp;600<br />
+&nbsp;1,800<br />
+&nbsp;1,800<br />
+&nbsp;1,800<br />
+&nbsp;1,800<br />
+&nbsp;1,800<br />
+&nbsp;1,800<br />
+&nbsp;1,800<br />
+&nbsp;1,800<br />
+&nbsp;1,800<br />
+&nbsp;1,800<br />
+&nbsp;1,800<br />
+&nbsp;1,800<br />
+&nbsp;1,200<br />
+&nbsp;1,200<br />
+&nbsp;1,800<br />
+&nbsp;1,800<br />
+&nbsp;6,000<br />
+&nbsp;6,000<br />
+&nbsp;1,800<br />
+&nbsp;1,500<br />
+&nbsp;1,800<br />
+&nbsp;1,800<br />
+</td>
+<td width="15%" valign="top">&nbsp;&nbsp;&nbsp;&nbsp;375<br />
+&nbsp;&nbsp;&nbsp;&nbsp;375<br />
+&nbsp;&nbsp;&nbsp;&nbsp;375<br />
+&nbsp;&nbsp;&nbsp;&nbsp;375<br />
+&nbsp;1,125<br />
+&nbsp;1,125<br />
+&nbsp;1,125<br />
+&nbsp;1,125<br />
+&nbsp;1,125<br />
+&nbsp;1,125<br />
+&nbsp;1,125<br />
+&nbsp;1,125<br />
+&nbsp;1,125<br />
+&nbsp;1,125<br />
+&nbsp;1,125<br />
+&nbsp;1,125<br />
+&nbsp;&nbsp;&nbsp;&nbsp;750<br />
+&nbsp;&nbsp;&nbsp;&nbsp;750<br />
+&nbsp;1,125<br />
+&nbsp;1,125<br />
+&nbsp;3,750<br />
+&nbsp;3,750<br />
+&nbsp;1,125<br />
+&nbsp;&nbsp;&nbsp;&nbsp;938<br />
+&nbsp;1,125<br />
+&nbsp;1,125<br />
+</td>
+</tr>
+</table>
+
+<table summary="Totals" border="1" cellspacing="2" cellpadding="4"
+width="100%">
+<tr>
+<td width="40%" valign="top">&nbsp;<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">&nbsp;&nbsp;334<br />
+&nbsp;&nbsp;328<br />
+&nbsp;&nbsp;314<br />
+&nbsp;&nbsp;313<br />
+&nbsp;&nbsp;313<br />
+&nbsp;&nbsp;313<br />
+&nbsp;&nbsp;312<br />
+&nbsp;&nbsp;303<br />
+&nbsp;&nbsp;299<br />
+&nbsp;&nbsp;298<br />
+&nbsp;&nbsp;291<br />
+&nbsp;&nbsp;289<br />
+&nbsp;&nbsp;273<br />
+&nbsp;&nbsp;273<br />
+&nbsp;&nbsp;268<br />
+&nbsp;&nbsp;268<br />
+&nbsp;&nbsp;264<br />
+&nbsp;&nbsp;263<br />
+&nbsp;&nbsp;244<br />
+&nbsp;&nbsp;241<br />
+&nbsp;&nbsp;218<br />
+&nbsp;&nbsp;218<br />
+&nbsp;&nbsp;193<br />
+&nbsp;&nbsp;192<br />
+&nbsp;&nbsp;181<br />
+</td>
+<td width="10%" valign="top">&nbsp;&nbsp;&nbsp;300<br />
+&nbsp;&nbsp;&nbsp;300<br />
+&nbsp;&nbsp;&nbsp;300<br />
+&nbsp;&nbsp;&nbsp;300<br />
+&nbsp;&nbsp;&nbsp;300<br />
+&nbsp;&nbsp;&nbsp;300<br />
+4,000<br />
+6,000<br />
+&nbsp;&nbsp;&nbsp;300<br />
+4,000<br />
+&nbsp;&nbsp;&nbsp;300<br />
+&nbsp;&nbsp;&nbsp;300<br />
+1,000<br />
+&nbsp;&nbsp;&nbsp;300<br />
+&nbsp;&nbsp;&nbsp;300<br />
+&nbsp;&nbsp;&nbsp;300<br />
+&nbsp;&nbsp;&nbsp;300<br />
+&nbsp;&nbsp;&nbsp;300<br />
+&nbsp;&nbsp;&nbsp;300<br />
+&nbsp;&nbsp;&nbsp;300<br />
+6,000<br />
+6,000<br />
+&nbsp;&nbsp;&nbsp;300<br />
+3,000<br />
+4,500<br />
+</td>
+<td width="10%" valign="top">&nbsp;&nbsp;&nbsp;&nbsp;4<br />
+&nbsp;&nbsp;&nbsp;&nbsp;4<br />
+&nbsp;&nbsp;&nbsp;&nbsp;4<br />
+&nbsp;&nbsp;&nbsp;&nbsp;4<br />
+&nbsp;&nbsp;&nbsp;&nbsp;4<br />
+&nbsp;&nbsp;&nbsp;&nbsp;4<br />
+&nbsp;&nbsp;&nbsp;&nbsp;4<br />
+&nbsp;&nbsp;&nbsp;&nbsp;6<br />
+&nbsp;&nbsp;&nbsp;&nbsp;6<br />
+&nbsp;&nbsp;&nbsp;&nbsp;6<br />
+&nbsp;&nbsp;&nbsp;&nbsp;6<br />
+&nbsp;&nbsp;&nbsp;&nbsp;6<br />
+&nbsp;&nbsp;&nbsp;&nbsp;6<br />
+&nbsp;&nbsp;&nbsp;&nbsp;6<br />
+&nbsp;&nbsp;&nbsp;&nbsp;6<br />
+&nbsp;&nbsp;&nbsp;&nbsp;6<br />
+&nbsp;&nbsp;&nbsp;&nbsp;6<br />
+&nbsp;&nbsp;&nbsp;&nbsp;6<br />
+&nbsp;&nbsp;&nbsp;&nbsp;6<br />
+&nbsp;&nbsp;&nbsp;&nbsp;6<br />
+&nbsp;&nbsp;&nbsp;&nbsp;6<br />
+&nbsp;&nbsp;&nbsp;&nbsp;6<br />
+&nbsp;&nbsp;&nbsp;&nbsp;6<br />
+&nbsp;&nbsp;&nbsp;&nbsp;6<br />
+&nbsp;&nbsp;&nbsp;&nbsp;6<br />
+</td>
+<td width="15%" valign="top">&nbsp;&nbsp;&nbsp;1,200<br />
+&nbsp;&nbsp;&nbsp;1,200<br />
+&nbsp;&nbsp;&nbsp;1,200<br />
+&nbsp;&nbsp;&nbsp;1,200<br />
+&nbsp;&nbsp;&nbsp;1,200<br />
+&nbsp;&nbsp;&nbsp;1,200<br />
+&nbsp;16,000<br />
+&nbsp;36,000<br />
+&nbsp;&nbsp;&nbsp;1,800<br />
+&nbsp;24,000<br />
+&nbsp;&nbsp;&nbsp;1,800<br />
+&nbsp;&nbsp;&nbsp;1,800<br />
+&nbsp;&nbsp;&nbsp;6,000<br />
+&nbsp;&nbsp;&nbsp;1,800<br />
+&nbsp;&nbsp;&nbsp;1,800<br />
+&nbsp;&nbsp;&nbsp;1,800<br />
+&nbsp;&nbsp;&nbsp;1,800<br />
+&nbsp;&nbsp;&nbsp;1,800<br />
+&nbsp;&nbsp;&nbsp;1,800<br />
+&nbsp;&nbsp;1,800<br />
+&nbsp;36,000<br />
+&nbsp;36,000<br />
+&nbsp;&nbsp;&nbsp;1,800<br />
+&nbsp;18,000<br />
+&nbsp;27,000<br />
+</td>
+<td width="15%" valign="top">
+&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;750<br />
+&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;750<br />
+&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;750<br />
+&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;750<br />
+&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;750<br />
+&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;750<br />
+&nbsp;10,000<br />
+&nbsp;22,500<br />
+&nbsp;&nbsp;&nbsp;1,125<br />
+&nbsp;15,000<br />
+&nbsp;&nbsp;&nbsp;1,125<br />
+&nbsp;&nbsp;&nbsp;1,125<br />
+&nbsp;&nbsp;&nbsp;3,750<br />
+&nbsp;&nbsp;&nbsp;1,125<br />
+&nbsp;&nbsp;&nbsp;1,125<br />
+&nbsp;&nbsp;&nbsp;1,125<br />
+&nbsp;&nbsp;&nbsp;1,125<br />
+&nbsp;&nbsp;&nbsp;1,125<br />
+&nbsp;&nbsp;&nbsp;1,125<br />
+&nbsp;&nbsp;&nbsp;1,125<br />
+&nbsp;22,500<br />
+&nbsp;22,500<br />
+&nbsp;&nbsp;&nbsp;1,125<br />
+&nbsp;11,250<br />
+&nbsp;16,875<br />
+</td>
+</tr>
+</table>
+
+<table summary="Totals" border="1" cellspacing="2" cellpadding="2"
+width="100%">
+<tr>
+<td width="40%" valign="top">&nbsp;<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 />
+&nbsp;&nbsp;38,900<br />
+________<br />
+264,900</td>
+<td width="15%" valign="top"><br />
+141,250<br />
+&nbsp;&nbsp;30,500<br />
+________<br />
+171,750<br />
+or<br />
+&nbsp;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>&mdash;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&mdash;as well as those threatened&mdash;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 C&aelig;sar 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 n&#333;n 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: C&aelig;sar, <i>Bell. Civ.,</i>I, 17.]</li>
+</ul>
+
+<br />
+<br />
+<br />
+<h4><a name="II10">SEC. 10.</a>&mdash;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>&mdash;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&mdash;a thing unheard of and, according to
+the Roman constitution, impossible&mdash;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&mdash;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>R&ouml;m.
+Alterth&uuml;mer,</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:
+"&kappa;&alpha;&iota; &pi;&alpha;&iota;&sigma;&iota;
+&omicron;&iota;&sigma; &epsilon;&iota;&sigma;&iota;
+&pi;&alpha;&iota;&delta;&epsilon;&sigmaf;
+&epsilon;&kappa;&alpha;&sigma;&tau;&omega; &kappa;&alpha;&iota;
+&tau;&omicron;&upsilon;&tau;&omega;&nu; &tau;&alpha;
+&eta;&mu;&iota;&sigma;&epsilon;&alpha;" ("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>R&ouml;m. 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:
+"&Tau;&iota;&beta;&epsilon;&rho;&iota;&omicron;&sigmaf;
+&Gamma;&rho;&alpha;&kappa;&chi;&omicron;&sigmaf;...
+&delta;&eta;&mu;&alpha;&rho;&chi;&omega;&nu;
+&epsilon;&sigma;&epsilon;&mu;&nu;&omicron;&lambda;&omicron;&gamma;&eta;&sigma;&epsilon;
+&pi;&epsilon;&rho;&iota; &tau;&omicron;&upsilon;
+&Iota;&tau;&alpha;&lambda;&iota;&kappa;&omicron;&upsilon;
+&gamma;&epsilon;&nu;&omicron;&upsilon;&sigmaf; &omega;&sigmaf;
+&epsilon;&upsilon;&pi;&omicron;&lambda;&epsilon;&mu;&omega;&tau;&alpha;&tau;&omicron;&upsilon;
+&tau;&epsilon; &kappa;&alpha;&iota;
+&sigma;&upsilon;&gamma;&gamma;&epsilon;&nu;&omicron;&upsilon;&sigmaf;
+&phi;&theta;&epsilon;&iota;&rho;&omicron;&mu;&epsilon;&nu;&omicron;&upsilon;
+&delta;&epsilon; &kappa;&alpha;&tau;
+&omicron;&lambda;&iota;&gamma;&omicron;&nu; &epsilon;&sigmaf;
+&alpha;&pi;&omicron;&rho;&iota;&alpha;&nu; &kappa;&alpha;&iota;
+&omicron;&lambda;&iota;&gamma;&alpha;&nu;&delta;&rho;&iota;&alpha;&nu;.
+Also App. B.C., I, 13;
+&Gamma;&rho;&alpha;&kappa;&chi;&omicron;&sigmaf; &delta;&epsilon;
+&mu;&epsilon;&gamma;&alpha;&lambda;&alpha;&upsilon;&chi;&omicron;&upsilon;&mu;&epsilon;&nu;&omicron;&sigmaf;
+&epsilon;&pi;&iota; &tau;&omega; &nu;&omicron;&mu;&omega;...
+&omicron;&iota;&alpha; &delta;&eta;
+&kappa;&tau;&iota;&sigma;&tau;&eta;&sigmaf; &omicron;&upsilon;
+&mu;&iota;&alpha;&sigmaf;
+&pi;&omicron;&lambda;&epsilon;&omega;&sigmaf;
+&omicron;&upsilon;&delta; &epsilon;&nu;&omicron;&sigmaf;
+&gamma;&epsilon;&nu;&omicron;&upsilon;&sigmaf;
+&alpha;&lambda;&lambda;&alpha; &pi;&alpha;&nu;&tau;&omega;&nu;
+&omicron;&sigma;&alpha; &epsilon;&nu;
+&Iota;&tau;&alpha;&lambda;&iota;&alpha; &epsilon;&theta;&nu;&eta;,
+&epsilon;&sigmaf; &tau;&eta;&nu;
+&omicron;&iota;&kappa;&iota;&alpha;&nu;
+&pi;&alpha;&rho;&epsilon;&pi;&epsilon;&mu;&pi;&epsilon;&tau;&omicron;."<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 ber&uuml;cksichtigte, war bei der Gesinnung der
+r&ouml;mischen B&uuml;rgerschaft gegen die Latiner ganz
+nat&uuml;rlich." I can not see how he harmonizes this statement
+with that of App.,
+&Iota;&tau;&alpha;&lambda;&iota;&kappa;&omicron;&upsilon;
+&gamma;&epsilon;&nu;&omicron;&upsilon;&sigmaf; (Italikou genous)
+and &Iota;&tau;&alpha;&lambda;&iota;&alpha;
+&epsilon;&theta;&nu;&eta; (Italia ethnae). Momm., <i>R&ouml;m.
+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>R&ouml;m. 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>&mdash;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>R&ouml;m. 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 geh&ouml;rte."]</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>&mdash;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">(&delta;&eta;&mu;&omega;)</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 re&euml;stablishing 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 Schweigh&auml;user 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
+(&omicron;&upsilon;&pi;&omicron;&lambda;&upsilon;
+&upsilon;&sigma;&tau;&epsilon;&rho;&omicron;nu;) (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&mdash;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&mdash;cattle, asses, and horses&mdash;and fifty head of
+smaller animals&mdash;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,&mdash;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 f&uuml;r 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>R&ouml;m. 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>R&ouml;m. 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 f&uuml;r 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>&mdash;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 co&ouml;peration 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, &sect;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>&mdash;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
+co&ouml;perate 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>R&ouml;m.
+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>&mdash;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>&mdash;LEX JULIA AGRARIA.</h4>
+
+<br />
+<p>During the first consulship of Caius Julius C&aelig;sar, 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 C&aelig;sar 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 C&aelig;sar 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 C&aelig;sar, 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 C&aelig;sar, 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 C&aelig;sar's
+power.... Now C&aelig;sar 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, C&aelig;sar 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. C&aelig;sar, 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 re&euml;stablishment 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: "&Tau;&eta;&nu; &delta;&epsilon;
+&chi;&omega;&rho;&alpha;&nu; &tau;&eta;&nu; &delta;&epsilon;
+&kappa;&omicron;&iota;&nu;&eta;&nu;
+&alpha;&pi;&alpha;&sigma;&alpha;&nu; &pi;&lambda;&eta;&nu;
+&tau;&eta;&sigmaf;
+&Kappa;&alpha;&mu;&pi;&alpha;&nu;&iota;&delta;&omicron;&sigmaf;
+&epsilon;&nu;&epsilon;&mu;&epsilon;
+&tau;&alpha;&upsilon;&tau;&eta;&nu; &gamma;&alpha;&rho;
+&epsilon;&nu; &tau;&omega;
+&delta;&eta;&mu;&omicron;&sigma;&iota;&omega;
+&epsilon;&zeta;&alpha;&iota;&rho;&epsilon;&tau;&omicron;&nu;
+&delta;&iota;&alpha; &tau;&eta;&nu;
+&alpha;&rho;&epsilon;&tau;&eta;&nu;
+&sigma;&upsilon;&nu;&epsilon;&beta;&omicron;&upsilon;&lambda;&epsilon;&upsilon;&sigma;&epsilon;&nu;
+&epsilon;&iota;&nu;&alpha;&iota;."<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>C&aelig;sar</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>R&ouml;m. 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>&mdash;DISTRIBUTION OF LAND AFTER
+THE CIVIL WAR BETWEEN C&AElig;SAR AND POMPEY.</h4>
+
+<br />
+<p>After Pompey had been vanquished at Pharsalia, and the
+republicans in Africa, C&aelig;sar 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,&mdash;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 C&aelig;sar 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 C&aelig;sar</i>, 38.]</li>
+</ul>
+
+<br />
+<br />
+<br />
+<h4><a name="III19">SEC. 19.</a>&mdash;DISTRIBUTIONS FROM THE DEATH
+OF C&AElig;SAR TO THE TIME OF AUGUSTUS.</h4>
+
+<br />
+<p>The <a name="III19a">death of C&aelig;sar</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 C&aelig;sar 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 C&aelig;sar 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:&mdash;"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>R&ouml;m. Alter.</i>, III, 499,
+503, 526; Marquardt u. Momm., <i>R&ouml;m. 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>:
+&Delta;&omicron;&sigma;&epsilon;&sigma;&iota; &tau;&omega;&nu;
+&Iota;&tau;&alpha;&lambda;&iota;&kappa;&omega;&nu;
+&pi;&omicron;&lambda;&epsilon;&omega;&nu;
+&omicron;&kappa;&tau;&omega;&kappa;&alpha;&iota;&delta;&epsilon;&kappa;&alpha;
+... &omega;&sigma;&pi;&epsilon;&rho;
+&alpha;&upsilon;&tau;&omicron;&iota;&sigmaf; &alpha;&nu;&tau;&iota;
+&tau;&eta;&sigmaf;
+&pi;&omicron;&lambda;&epsilon;&mu;&iota;&alpha;&sigmaf;
+&delta;&omicron;&rho;&iota;&lambda;&eta;&mu;&pi;&tau;&omicron;&iota;
+&gamma;&epsilon;&nu;&omicron;&mu;&epsilon;&nu;&alpha;&iota; ....
+&Omicron;&upsilon;&tau;&omega; &mu;&epsilon;&nu; &tau;&alpha;
+&kappa;&alpha;&lambda;&lambda;&iota;&sigma;&tau;&alpha;
+&tau;&eta;&sigmaf; &Iota;&tau;&alpha;&lambda;&iota;&alpha;&sigmaf;
+&tau;&omega; &sigma;&tau;&rho;&alpha;&tau;&omega;
+&delta;&iota;&epsilon;&gamma;&rho;&epsilon;&phi;&omicron;&nu;.<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
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+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: ASCII
+
+*** START OF THIS PROJECT GUTENBERG EBOOK PUBLIC LANDS AND AGRARIAN ***
+
+
+
+
+Produced by Juliet Sutherland, Lesley Halamek and PG Distributed
+Proofreaders
+
+
+
+
+
+
+
+JOHNS HOPKINS UNIVERSITY STUDIES
+IN
+HISTORICAL AND POLITICAL SCIENCE
+
+HERBERT B. ADAMS, Editor
+
+
+       *       *       *       *       *
+
+History is past Politics and Politics present History--_Freeman_
+
+       *       *       *       *       *
+
+
+NINTH SERIES
+VII-VIII
+
+PUBLIC LANDS AND AGRARIAN LAWS
+OF THE
+ROMAN REPUBLIC
+
+BY ANDREW STEPHENSON, PH.D.
+_Professor of History, Wesleyan University_
+
+
+       *       *       *       *       *
+
+
+
+BALTIMORE
+
+THE JOHNS HOPKINS PRESS
+
+JULY-AUGUST, 1891
+
+
+
+Copyright, 1891, BY THE JOHNS HOPKINS PRESS.
+
+
+
+
+PREFACE.
+
+
+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 _ager publicus_
+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.
+
+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.
+
+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.
+
+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.
+
+ANDREW STEPHENSON.
+
+MlDDLETOWN, CONN. _May_ 8, 1891.
+
+
+
+TABLE OF CONTENTS.
+
+CHAPTER I.
+
+Sec. 1. LANDED PROPERTY
+ "   2. QUIRITARIAN OWNERSHIP
+ "   3. AGER PUBLICUS
+ "   4. ROMAN COLONIES
+
+CHAPTER II.
+
+Sec. 5. LEX CASSIA
+ "   6. AGRARIAN MOVEMENTS BETWEEN 486 AND 367
+       (a) Extension of Territory by conquest up to the year 367 B.C.
+       (b) Colonies Founded between 454 and 367
+
+Sec. 7. LEX LICINIA
+ "   8. AGRARIAN MOVEMENTS BETWEEN 367 AND 133
+       (a) Extension of Territory by conquest between 367 and 133
+       (b) Colonies Founded between 367 and 133
+
+Sec. 9. LATIFUNDIA
+ "  10. INFLUENCE OF SLAVERY
+ "  11. LEX SEMPRONIA TIBERIANA
+ "  12. LEX SEMPRONIA GAIANA
+
+CHAPTER III.
+
+Sec.13. LEX THORIA
+ "  14. AGRARIAN MOVEMENTS BETWEEN 111 AND 86
+ "  15. EFFECT OF THE SULLAN REVOLUTION
+ "  16. AGRARIAN MOVEMENTS BETWEEN 86 AND 59
+ "  17. LEX JULIA AGRARIA
+ "  18. DISTRIBUTION OF LAND AFTER THE CIVIL WAR BETWEEN CAESAR AND POMPEY
+ "  19. DISTRIBUTIONS FROM THE DEATH OF CAESAR TO THE TIME OF AUGUSTUS
+      (a) Lex Agraria of Lucius Antonius
+      (b) Lex de Colonis in Agros Deducendis
+      (c) Second Triumvirate
+
+
+
+
+
+PUBLIC LANDS AND AGRARIAN LAWS OF THE ROMAN REPUBLIC.
+
+
+
+
+CHAPTER I.
+
+SEC. 1.--LANDED PROPERTY.
+
+
+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.[1]
+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.
+
+The corner-stone of this legislation was the constitution of the law of
+property.[2] This property applies itself to everything in the law of Rome,
+to land, to persons and to obligations.
+
+_Urbs_, the name of the village, takes its origin, according to an
+etymology given by Varro,[3] 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 _Urbs_ and _Roma_ 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[4] so called, and the outskirts, or suburbs. The powers of
+certain magistrates ceased with the sacred limits of the _Urbs_, while the
+privileges accorded to a citizen of Rome extended to the village and the
+suburbs and finally embraced the entire Roman world.
+
+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 _par
+excellence_[5] and its primitive form was a variety of public community[6]
+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.
+
+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.
+
+The Roman territory was confined for many ages to a surface of very limited
+extent, which properly bore the name of _Ager Romanus_. 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 _Agro Romano.[7]_ That which was properly called _Ager
+Romanus_ at first only occupied the surface of a slightly expanded arc
+whose chord was the river Tiber.[8] 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;[9] and northward
+the Anio[10] 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[11] of Ostia, have we marked out
+all of ancient Rome. Strabo[12] 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[13] could be taken.
+
+Both city and land increased with time. Property seemed to have been added
+and lost successively during the reign of the kings.[14] The last increase
+of the _Ager Romanus_ was due to the labors of Servius Tullius, and it was
+in the reign of this king that it reached its greatest limit. Dionysius[15]
+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,[16] but they were not incorporated in the _Ager Romanus_ 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[17] territory, or else the new conquests were abandoned to municipia,
+given up to colonies, or became a part of that which was called _Ager
+Publicus_. 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.
+
+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[18] territories and conquered
+peoples.
+
+Now what was the allotment of the first distribution of land?
+
+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. (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.[19] (2) Niebuhr,[20] 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. Neither of these systems is free from errors. Montesquieu seems to
+have made no difference between patrician and plebeian in using the term
+_citizen_, 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,[21] 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.[22] Again, the law of debts was hardly favorable[23] to equality.
+
+Niebuhr clearly[24] 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[25] 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, _divisit viritim civibus_. 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 _civibus_. 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[26] 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.e. Ager
+Publicus_, and swallowed up the revenues due the treasury.
+
+[Footnote 1: Cato, _De Re Rustica_, I, lines 3-8. "Majores nostri ... virum
+bonum cum laudabant, ita laudabant, bonum agricolam bonumque colonum.
+Amplissime laudari existimabatur, qui ita laudabatur."]
+
+[Footnote 2: Muirhead, _Roman Law_, 36 _et seq_.]
+
+[Footnote 3: Varro, _De Lingua Latina_, V, 143.]
+
+[Footnote 4: Frag, to Digest, 287 and 147 of Title 16, Bk. 50 with notes of
+Schultung and Small.]
+
+[Footnote 5: Plutarch's _Romulus_, Sec. 19.]
+
+[Footnote 6: Mommsen, _History of Rome_, l, 194.]
+
+[Footnote 7: Sismondi, _Etudes sur l'econ. polit._, 1, 2, Sec. 1.]
+
+[Footnote 8: Pseudo Fabius Pictor, Bk. I, p. 54; Plut., _Numa_, 16; Festus
+V deg. Pectustum Palati, p. 198 and 566, Lindemann.]
+
+[Footnote 9: Arnold, _Roman History_, I, ch. 3, par. 4.]
+
+[Footnote 10: Mommsen, I, 75.]
+
+[Footnote 11: Strabo, Bk. 5, 253.]
+
+[Footnote 12: Strabo, Bk. 5, ch. 3, Sec. 2.]
+
+[Footnote 13: Arnold, I, ch. 3.]
+
+[Footnote 14: Dionysius, II, 55; V, 33, 36; III, 49-50; Livy, I, 23-36.]
+
+[Footnote 15: Dionysius, IV, 13.]
+
+[Footnote 16: Varro, _De Lingua Latina_, V, 33.]
+
+[Footnote 17: Sigonius, _De Antiq. Juris Civ. Rom_., Bk. I, ch. 2.]
+
+[Footnote 18: Hume's _Hist, of Eng_., I, ch. 4: IV, ch. 61.]
+
+[Footnote 19: _Esprit des lois_, Liv. 27, c. 1.]
+
+[Footnote 20: _Roman Hist_., II, 164; III, 175 and 211.]
+
+[Footnote 21: Lycurgus and Numa, II; Cicero, _De Repub_., II, 9.]
+
+[Footnote 22: Muirhead, _Roman Law_, 46 and note--"uti legasset suae rei
+ita jus esto."]
+
+[Footnote 23: Muirhead, 92-96.]
+
+[Footnote 24: Niebuhr, I.]
+
+[Footnote 25: Momm., I, 126; Ihne, I; Nitzsch, _Geschichte der roemischen
+Republik_, 52; Lange, _Roemische Geschichte_, I, 18.]
+
+[Footnote 26: Dureau de la Malle, _Mem. sur les pop. de l'Italie, 500 et
+seq_.]
+
+
+
+
+SEC. 2.--QUIRITARIAN OWNERSHIP.
+
+
+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, _adversus hostem aeterna auctoritas esto.[1] Hostis_ in the old
+Latin language was synonymous with stranger, _perigrinus_[2] 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 _peregrinus_.[3]
+
+_Auctoritas_ 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.[4] The
+sense of the Roman law was, then, that the _peregrinus_ could not bar or
+proceed against a Roman, a disposition somewhat similar to the old law of
+England.[5] 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 _peregrini_ 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.[6]
+
+We have a forcible example of the severity of the old Roman law in this
+regard in the text of Gaius,--_Aut enim ex jure quiritium unusquisque
+dominus erat, aut non intelligebatur dominus._[7]
+
+_Dominium_ was therefore inseparable from _Jus Quiritium,_ the law of
+the Roman city, the _optimum jus civium Romanorum_. The _peregrinus_ was
+excluded from landed property both Roman and private; he could neither
+inherit nor transmit; claim nor defend in equity. Moreover the name
+_peregrinus_ was not confined to the stranger proper but was also bestowed
+upon subjects of Rome[8] 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 _optimo ex jure quiritium_.
+
+Thus the tenure of the patricians was threefold: First, they had full
+property in the land; second, they had a seigniorial right, _jus in re_, in
+the land of their clients and the plebeians whose property belonged to the
+_populus, i.e._ 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 _possessio_.
+
+According to Ihne, all lands in Rome were held by the above mentioned
+tenure until the enactment of the Icilian law _de Aventino publicando_
+which involved a change of tenure by converting the former dependent and
+incumbered tenure of the plebeians into full property.
+
+[Footnote 1: De Officiis, I, 12; Gaius, Frag., 234: Digest, 50, 16.]
+
+[Footnote 2: Varro, De L.L.V. 14; Plautus, _Trinummus_, Act I, Scene 2, V.
+75; Harper's _Latin Dictionary_; Cicero, _De Off_., I, 12: "Hostis enim
+apud majores nostros is dicibatur, quem nunc peregrinum dicimus."]
+
+[Footnote 3: Cic., _loc. cit._; Gaius, Frag., 234.]
+
+[Footnote 4: Forcellini, _Lexic._; Harper's _Latin Lex_.]
+
+[Footnote 5: _i.e._ The descendents of a person escheated could bring no
+action for the recovery of the property.]
+
+[Footnote 6: Giraud, _Recherches sur le Droit de Propriete_, p. 210.]
+
+[Footnote 7: Gaius, Bk. II, 40.]
+
+[Footnote 8: Ulpian, Frag., Title XIX, 4; Giraud, 216.]
+
+
+
+
+SEC. 3.--AGER PUBLICUS.
+
+
+In her early history Rome was continually making fresh conquests, and in
+this way adding to her territory.[1] 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 _Ager Publicus._[2]
+
+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 _Ager
+Publicus_[3] a term which with few exceptions came to embrace the whole
+Roman world.
+
+This _Ager Publieus_ was farther increased by towns[4] voluntarily
+surrendering themselves to Rome without awaiting the iron hand of war.
+These were commonly mulcted of one-third of their land.[5] "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[6] 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.[7] 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.
+
+According to the strictest right of conquest in antiquity the defeated lost
+not only their personal freedom, their moveable and landed[8] 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.[9]
+
+This magnanimity was not rare and it even went so far as to restore the
+whole of the territory to the people subdued.[10] 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.e._ 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.[11] These people formed
+the nucleus of the plebeians, the freemen who were members of the Roman
+state[12] without actually having any political rights.
+
+The _Ager Publicus_ was the property of the state and as such could be
+alienated only by the state.[13] This alienation could be accomplished in
+two ways:
+
+(a). By public sale;
+
+(b). By gratuitous distribution.
+
+(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.[14]
+
+(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,[15] or in later times, the providing for impoverished plebeians.
+
+
+
+But even in the earliest times a portion of the domain lands was excluded
+from sale or private appropriation,[16] in order to serve as a resource for
+the needs of the state.
+
+This was the general usage of ancient republics and this maxim of reserved
+lands was recommended[17] by Aristotle as the first principle of political
+economy.
+
+Such reserved _ager publicus_ was leased either in periods of five years
+(quinquennial leaseholds) or perpetually, _i.e. _, by emphyteutic lease
+or copyhold. From these lands[18] the treasury received an income of from
+one-tenth to one-fifth of the annual crops.
+
+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 _possessio_ which
+was nothing but an occupation on the part of the patricians[19] 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 _possessor_[20] 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.[21] 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.
+
+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.
+
+[Footnote 1: Long, _Decline of the Roman Rep_., I, ch. 11.]
+
+[Footnote 2: Muirhead, _Roman Law_, 92.]
+
+[Footnote 3: Ortolan, _Histoire de la legislation Romaine_, p. 21.]
+
+[Footnote 4: Mommsen, I, 131; Arnold, I, 157.]
+
+[Footnote 5: Dionysius, IV, 11, Livy.]
+
+[Footnote 6: Ihne, I, 175.]
+
+[Footnote 7: Ihne, I, 175.]
+
+[Footnote 8: Livy, Bk. I, c. 38, with note by Drachenborch; Livy, Bk. VII,
+c. 31.]
+
+[Footnote 9: Siculus Flaccus, _De Conditione Agrorum_, 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."]
+
+[Footnote 10: Cicero, in Verrem, II, Bk. 3, Sec. 6.]
+
+[Footnote 11: Giraud, _Droit de propriete chez les romains_, 160.]
+
+[Footnote 12: Ihne, I, 175.]
+
+[Footnote 13: Muirhead, 92; Giraud, 165.]
+
+[Footnote 14: Higin., _De Limit. Const. apud Goes. Rei Agr. Script._, pp.
+159-160.]
+
+[Footnote 15: Giraud, 164.]
+
+[Footnote 16: Dionysius, II, 7.]
+
+[Footnote 17: Aristotle, _Polit._, [Greek: Z. Keph. th. 7: Anagkaion toinun
+eis duo merae diaeraesthai taen choran kai ton men einai koinaen, taen de
+ton idioton.]]
+
+[Footnote 18: Giraud, 163.]
+
+[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 Caesar, 38; Octavius, 13, 32; Caesar, De Bell. Civ.,
+I, 17; Orosius, V, 18.]
+
+[Footnote 20: Aggenus Urbicus, p. 69, ed. Goes.]
+
+[Footnote 21: Giraud, 185-187; Mommsen, I, 110; Ortolan, 227; Hunter,
+_Roman Law,_ 367.]
+
+
+
+
+SEC. 4.--ROMAN COLONIES.
+
+
+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[l] as a boy had attained a
+certain age his name was inscribed upon the tribal rolls and henceforth he
+was free from the _potestas_ 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[2]
+were always under the _potestas_ 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[3] 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, _jus suffragii et jus_[4] _honorum_ and suffered what was called
+_capitis diminutio_. 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[5] 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[6]
+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.
+
+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,[7] unquiet, and turbulent.
+
+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.[8] 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.
+
+1. Latin colonies were those[9] which were composed of Latini and Hernici,
+or Romans enjoying the same rights as these, _i.e._ 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.
+
+2. Roman, or Burgess, colonies[10] 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.
+
+
+
+
+_Table of Latin Colonies in Italy_.
+
+
+------------------+----------------+-------+-------------------------------
+   COLONIES.      | LOCATION.      |  B.C. | AUTHORITIES.
+------------------+----------------+-------+-------------------------------
+ 1 Signia.        | Latium.        |   ?   | Livy, 1, 56; Dionys., 4, 63.
+ 2 Cerceii.       |     "          |   ?   | Id.
+ 3 Suessa Pometia.|     "          |   ?   | Livy, 2, 16.
+ 4 Cora.          |     "          |   ?   | Livy, 2, 16.
+ 5 Velitrae.      |     "          |  494  | Livy, 2, 30, 31 ; Dionys.,
+                  |                |       |  6, 42, 43.
+ 6 Norba.         |     "          |  492  | Livy, 2, 34; Dionys , 7, 13.
+ 7 Antium.        |     "          |  467  |  "    3, 1;    "      9, 59.
+ 8 Ardea.         |     "          |  442  |  "    4, 11; Diodor., 12,34.
+ 9 Satricum.      |     "          |  385  |  "    6, 14.
+10 Sutrum.        | Etruria.       |  383  | Vell., 1, 14.
+11 Nepete.        |    "           |  383  | Livy, 6, 21; Vell.
+12 Setia.         | Latium.        |  382  | Vell., 1,14; Livy, 6, 30.
+13 Cales.         | Campania.      |  334  |  "    1,14;  "     8,16.
+14 Fregellae.     | Latium.        |  328  | Livy, 8, 22.
+15 Luceria.       | Apulia.        |  314  |  "    Epit., 60.
+16 Suessa.        |                |  313  |  "    9, 28.
+17 Pontiae.       | Isle of Latium.|  313  |  "    9, 28.
+18 Saticula.      | Samnium.       |  313  |  "    9, 22; Vell., 1, 14;
+                  |                |       | Festus, p. 340.
+19 Interamna      |                |       |
+   Lirinas.       | Latium.        |  312  | Livy, 9, 28; Vell, 1, 14;
+                  |                |       | Diodor., 19, 105.
+20 Sora.          |    "           |  303  | Livy, 10, 1; Vell., 1, 14.
+21 Alba.          |    "           |  303  |  "    10, 1;    "   1, 14.
+22 Narnia.        | Umbria.        |  299  |  "    10, 10.
+23 Carseola.      | Latium.        |  298  |  "    10, 13.
+24 Venusia.       | Apulia.        |  291  | Vell., 1, 14;  Dionys.  Ex.,
+                  |                |       | 2335.
+25 Hatria.        | Picenum.       |  289  | Livy, Epit., 11.
+26 Cosa.          | Campania.      |  273  |  "      "  14; Vell., 1, 14.
+27 Paestum.       | Lucania.       |  273  | Id.   Id.
+28 Ariminum.      |                |  268  | Vell., 1, 14; L. Epit., 15;
+                  |                |       | Eutrop., 2, 16.
+29 Beneventum.    | Samnium.       |  268  | Vell., 1, 14;  L. Epit., 15;
+                  |                |       | Eutrop., 2, 16.
+30 Firmum.        | Picenum.       |  264  | Vell., 1, 14.
+31 Aesernia.      | Samnium.       |  263  |  "     1, 14; L. Epit., 16.
+32 Brundisium.    | Calabria.      |  244  |  "     1, 14;      "    19.
+33 Spoletium.     | Umbria.        |  241  |  "     1, 14;      "    20.
+34 Cremona.       | Gallia Cis.    |  218  | Tacitus, _Hist_., 3,35.
+35 Placentia.     |  "      "      |  218  | L. Epit., 20; Polyb., 3, 40;
+                  |                |       | V. 1, 14, 8.
+36 Copia.         | Lucania.       |  193  | Livy, 34, 53.
+37 Valentia.      | Bruttii.       |  192  |  "    34, 40; 35,40.
+38 Bononia.       | Gallia Cis.    |  189  |  "    37, 57; Vell., 1, 15.
+39 Aquileia.      | Gallia Trans.  |  181  |  "    40, 34;  "      "
+------------------+----------------+-------+-------------------------------
+
+
+
+
+_Table of Civic Colonies in Italy._
+
+------------------+----------------+-------+-------------------------------
+   COLONIES.      | LOCATION.      | B.C.  | AUTHORITY.
+------------------+----------------+-------+-------------------------------
+ 1 Ostea.         | Latium.        | 418   | Livy, 1, 33; Dionys., 3, 44;
+                  |                |       | Polyb., 6, 29; Cic. de R.R.,
+                  |                |       | 2, 18, 33.
+ 2 Labici.        |    "           | 418   | Livy, 4, 47, 7.
+ 3 Antium.        |    "           | 338   | "   8, 14.
+ 4 Auxur.         |    "           | 329   | "  8, 21; 27, 38; Vell. 1, 14.
+ 5 Minturnae.     | Campania.      | 296   | Livy, 10, 21.
+ 6 Sinuessa.      |    "           | 296   | "   10, 21; 27, 38.
+ 7 Sena Gallica.  | Umbria.        | 283   | "  Epit., 11; Vell., 1, 14, 8.
+ 8 Castrum Novum. | Picenum.       | 283   | Livy, Epit., 11; Vell.,1,14,8.
+ 9 Aesium.        |Umbria.         | 247   | Vell., 1, 14, 8.
+10 Alsium.        | Etruria.       | 247   |   "   1, 14, 8; L. Epit., 19;
+                  |                |       | L.,   36, 3.
+11 Fregena.       |    "           | 245   | Livy, 36, 3.
+12 Pyrgi.         |    "           | 191   |   "     "
+13 Puteoli.       | Campania.      | 194   |   "   34, 45.
+14 Volturnum.     |    "           | 194   | Id.
+15 Liturnum.      |    "           | 194   | Id.
+16 Salernum.      |    "           | 194   | Id.
+17 Buxentum.      | Lucania.       | 194   | Livy, 34, 45.
+18 Sipontum.      | Apulia.        | 194   | Id.
+19 Tempsa.        | Bruttii.       | 194   | Id.
+20 Croton.        |    "           | 194   | Id.
+21 Potentia.      | Picenum.       | 184   | Livy, 39, 44.
+22 Pisaurum.      | Umbria.        | 184   |   "   "   "
+23 Parma.         | Gallia Cis.    | 183   |   "   "   55.
+24 Mutina.        | Gallia Cis.    | 183   | Livy, 39, 55.
+25 Saturnia.      | Etruria.       | 183   |   "   "   "
+26 Graviscae.     |    "           | 181   |   "   40, 39.
+27 Luna.          |    "           | 180   |   "   41, 13.
+28 Auximum.       | Picenum.       | 157   | Vell., 1, 15, 3.
+29 Fabrateria.    | Latium.        | 124   |   "   1, 15, 4.
+30 Minervia.      | Bruttii.       | 122   |   "   1, 15, 4; Appian B.C.,
+                  |                |       |     2, 23.
+31 Neptunia.      | Iapygia.       | 122   | Id.
+32 Dertona.       | Liguria.       | 100   | Vell., 1, 15, 5.
+33 Eporedia.      | Gallia Trans.  | 100   |    "     "   "
+34 Narbo Martius. |    "   Narbo.  | 118   | Mommsen. (sic.)
+------------------+----------------+-------+-------------------------------
+
+
+[Footnote 1: Bouchaud, M.A., _Dissertation sur les colonies romaines_, pp.
+114-222, en Memoires de l'institut Sciences, Morals et Politique, III.]
+
+[Footnote 2: Muirhead's Article on _Roman Law_ in Ency. Brit.; Ihne, I,
+235.]
+
+[Footnote 3: Momm., I, 145.]
+
+[Footnote 4: Momm., _loc. cit_.]
+
+[Footnote 5: Brutus (App. B.C., II, 140) calls the colonists, [Greek:
+phylakas ton pepolemaekoton].]
+
+[Footnote 6: Ihne, I, 236.]
+
+[Footnote 7: Cicero, Ad Att., I,19: "Sentinam urbis exhaurire, et Italiae
+solitudinem frequentori posse arbitrabor."]
+
+[Footnote 8: Momm., I, 145.]
+
+[Footnote 9: Marquardt u. Momm., IV, 35-51; Momm., _History of Rome_, I,
+108, 539; Madvigi Opuscula Academica, I, 208-305.]
+
+[Footnote 10: Marquardt u. Momm., IV, 35-51; Ihne, vols. I-V; Momm., vols.
+I-V; Madvigi Opus., _loc. cit_.]
+
+
+
+
+CHAPTER II.
+
+
+
+
+Sec. 5.--Lex Cassia.
+
+
+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[l]
+time. In the year 268, he submitted to the burgesses[2] 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[3]
+of the public treasury.
+
+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.[4] 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.[5] 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.[6]
+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.
+
+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 _Ager Romanus_. 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.[7] The bill proposed by Cassius,
+together with such provisions as were necessary, became a law, according to
+Niebuhr,[8] 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.[9]
+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 _ager publicus_. 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.
+
+[Footnote 1: Dionysius, VIII, 68; "[Greek: Oi de para touton taen upateian
+paralabontaes poplios Ouerginios kai Sporios Kassios, to triton tote
+apodeichtheis upotos, k. t. l.]"]
+
+[Footnote 2: Dionysius, VIII, 69; Livy, II, 41, _seq_.]
+
+[Footnote 3: Dionysius, VIII, 81.]
+
+[Footnote 4: Dionysius, VIII, 69; Mommsen, I, 363.]
+
+[Footnote 5: Niebuhr, II, 166.]
+
+[Footnote 6: Livy, II, 41; "Tum primum lex agraria promulgata est nunquam
+deinde usque ad hanc memoriam sine maximus motibus rerum agitata."]
+
+[Footnote 7: Livy, II, 41; Dionysius, VIII, 69.]
+
+[Footnote 8: Niebuhr, II.]
+
+[Footnote 9: Dionysius, VIII, 81: [Greek: "Ekklaesiai te sunegeis hypo ton
+tote daemarchon eginonto kai apaitaeseis taes hyposcheseos." See also VIII,
+87, line 25 _et seq._].]
+
+
+
+
+SEC. 6.--AGRARIAN MOVEMENTS BETWEEN 486 AND 367.
+
+
+Modern historians who have written upon the Roman Republic have, so far as
+I know, passed immediately from the consideration of the _Lex Cassia_ 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.
+
+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.[1] 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.
+
+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,[2] 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,[3] 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[4] 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[5] law failed and the enrolment progressed.
+
+There is some difficulty in determining the facts of the law proposed by
+Spurius Licinius[6] of which Livy speaks. Dionysius calls this tribune, not
+Licinius but [Greek: 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,[7] made the same demand as the previous tribunes,
+_i.e.,_ 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,[8] 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.[9]
+
+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,[10] 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."[11] This is contrary to the statement of Dionysius[12]
+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.
+
+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,[13] 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[14] 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.
+
+In 468, the two consuls, Valerius and Aemilius, faithfully supported the
+tribunes in their demand[15] 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.
+
+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[16] 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 Caesar,
+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.
+
+_Lex Icilia._ In the year 454,[17] 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.[18] 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,[19] 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.[20] 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."[21] 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[22] 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 _lex Icilia_ to the _ager
+publicus,_[23] 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."[24] The consuls strenuously opposed him and his effort came
+to naught.
+
+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 _vectigal_
+upon the possessors, which _vectigal_ was to be used[25] in paying the
+soldiers."
+
+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[26]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.[27]
+
+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[28] 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,[29] soon become the prey of the few."
+
+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 _tribunus consularis_ 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[30] 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 (_Pomptinus
+Ager_) 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[31] 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.
+
+We have now passed in review the agrarian laws proposed and, in some cases,
+enacted between the years 485 and 376, _i.e._ between the _lex Cassia_ and
+the _lex Licinia_, 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 _lex Licinia_,
+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.
+
+[Footnote 1: "Solicitati, eo anno, sunt dulcedine agrariae legis animi
+plebis,. . . vana lex vanique legis auctores." Livy, II, 42.]
+
+[Footnote 2: Dionysius, VIII, 606, 607.]
+
+[Footnote 3: Livy, _loc. cit._: Dionysius, _loc. cit._]
+
+[Footnote 4: Dionys., VIII, 554.]
+
+[Footnote 5: Dionys., VIII, 555.]
+
+[Footnote 6: Val. Max., Fg. of Bk. X: "Spurii, patre incerto geniti."]
+
+[Footnote 7: Livy, _loc. cit._; Dionys., _loc. cit.]
+
+[Footnote 8: Dionys., IX, 558; Livy, II, 43.]
+
+[Footnote 9: Dionys., IX, 559-560: "[Greek: tous kategontos taen choran
+taen demosian." . . . "Kai Sikilios oudenos eti kurios aen.]".]
+
+[Footnote 10: Livy, _loc. cit._]
+
+[Footnote 11: Livy, II, 44: "Et unum vel adversus omnes satis esse ...
+quatuorque tribunorum adversus unum."]
+
+[Footnote 12: Dionys., IX, 562.]
+
+[Footnote 13: Livy, _loc. cit._; Dionys., _loc. cit._]
+
+[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."]
+
+[Footnote 15: Livy, II, 61, 63, 64.]
+
+[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.]
+
+[Footnote 17: Schwegler, _Roemische Geschichte, _II, 484; Dionys., X, 31, p.
+657, 43.]
+
+[Footnote 18: Dionys., X, 31, l. 13; Ihne, _Hist. of Rome_, I, 191,
+note; Lange, _Roem. Alter._, I, 619. Also see art. in Smith's _Dict. of
+Antiquities_.]
+
+[Footnote 19: _I.e._ outside of the _'quadrata'_' but _[Greek:
+emperiechomenos tae poleis]_, Dionys., X, 31, l. 18: "pontificale
+pomoerium, qui auspicato olim quidem omnem urbem ambiebat praeter
+Aventinum." Paul, ex Fest., p. 248, Muell.]
+
+[Footnote 20: Dionys., X, 32.]
+
+[Footnote 21: Dionys., X, 32.]
+
+[Footnote 22: Momm., I, 355.]
+
+[Footnote 23: Dionys., X, 34.]
+
+[Footnote 24: Livy, IV, 12: Neque ut de agris dividendis plebi referrent
+consules ad senatum pervincere potuit.... Ludibrioque erant minae tribuni.]
+
+[Footnote 25: "Agri publici dividendi, coloniaramque deducendarum
+ostentatae spes, et vectigali possessoribus imposito, in stipendium militum
+erogandi aeris." Livy, IV, 36.]
+
+[Footnote 26: Livy, _loc. cit._]
+
+[Footnote 27: Livy, IV, 48.]
+
+[Footnote 28: Livy, IV, 49.]
+
+[Footnote 29: Livy, IV, 51.]
+
+[Footnote 30: Livy, VI, 5.]
+
+[Footnote 31: Quinque viros Pomptino agro dividendo. Livy, VI, 21.]
+
+
+
+
+(a) _Extension of Territory by Conquest up to the Year 367 B.C._
+
+
+1. Coreoli, captured in 442.
+2. Bolae, captured in 414.
+3. Labicum, captured in 418.
+4. Fidenae, captured in 426 and all the territory confiscated.
+5. Veii, captured in 396. This was the chief town of the
+   Etruscans, equal to Rome in size, with a large tributary
+   country; territory confiscated.
+
+Approximate amount of land added to the Roman domain,
+150 square miles.
+
+
+
+
+
+(b) _Colonies Founded between 454 and 367._
+
+
+                            CIVIC COLONIES.
+-----------+---------+------+------------+---------+-----------+-----------
+           |         |      | NO. OF     | NO. OF  |  TOTAL NO.|
+COLONIES.  | PLACE   | DATE.| COLONISTS. | JUG. TO |  OF JUG.  | ACRES.
+           |         |      |            | EACH.   |           |
+-----------+---------+------+------------+---------+-----------+-----------
+           |         |      |            |         |           |
+ Labici.   | Latium. | 418  |   1500     |   2     |   3000    |   1875
+           |         |      |            |         |           |
+-----------+---------+------+------------+---------+-----------+-----------
+
+
+
+
+                            LATIN COLONIES.
+-----------+---------+------+------------+---------+-----------+-----------
+ Ardea.    | Latium. | 442  |    300     |   2     |    600    |    375
+ Satricum. |   "     | 385  |    300     |   2     |    600    |    375
+ Sutrium.  | Etruria.| 383  |    300     |   2     |    600    |    375
+ Nepete.   |   "     | 383  |    300     |   4     |   1200    |    750
+ Setia.    | Latium. | 382  |    300     |   4     |   1200    |    750
+-----------+---------+------+------------+---------+-----------+-----------
+                                         |  Total  |   7200    |   4500
+-----------------------------------------+---------+-----------+-----------
+
+
+
+
+SEC. 7.--LEX LICINIA.
+
+
+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.
+
+It was to the real plebeian party that Licinius belonged, as also did his
+colleague Sextius,[1] 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.
+
+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[2] 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[3] 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[4] 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[5]
+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.[6] 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[7]
+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 Caesar. But[8] 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."[9] 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[10]
+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 _interrex_ 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,[11] 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[12] 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[13]
+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 _duumvirs_, whose duty and privilege it was[14] 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 _decemvirs_.[15] 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,[16] 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.[17] 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.[18]
+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.[19]
+
+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.[20]
+There seems to have been an interruption here caused by an invasion of the
+Gauls.[21] 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[22] at last.
+
+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 _decemvirs_. 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[23]
+violated, but can still be called a success. The laws[24] 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[25] 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
+_ager publicus_ and _ager privatus_ existed. Licinius Stolo himself was
+afterwards convicted of violating his own law.[26] 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.[27] 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.[28] 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.
+
+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.[29] Henceforth were the Roman people divided into rich and poor
+only.
+
+[Footnote 1: Livy, VI, 34.]
+
+[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."]
+
+[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., _Roem. Alterthuemer,_ IV, S. 102.]
+
+[Footnote 4: Appian, _De Bello Civile_, I, 8.]
+
+[Footnote 5: Livy VI, 35; See Momm., I, 382; Duruy, _Hist. des Romains_,
+II, 78.]
+
+[Footnote 6: Livy, VI, 37.]
+
+[Footnote 7: Livy, VI, 35: "creatique tribuni Caius Licinius et Lucius
+Sextius promulgavere leges adversus opes patriciorum et pro commodis
+plebis."]
+
+[Footnote 8: Ihne, I, 314.]
+
+[Footnote 9: Livy, VI, 35: "Cuncta ingentia, et quae sine certamine
+obtineri non possent."]
+
+[Footnote 10: Livy, VI, 35.]
+
+[Footnote 11: Livy, VI, 36.]
+
+[Footnote 12: Livy, VI, 36. Fabius quoque tribunis militum, Stolonis socer,
+quarum legum auctor fuerat, earum sua.]
+
+[Footnote 13: Livy, _loc. cit._]
+
+[Footnote 14: Appian, _De Bell. Civ._, I, 9.]
+
+[Footnote 15: Momm., I, 240: "decemviri sacris faciundis." Lange, _loc.
+cit._]
+
+[Footnote 16: Livy, VI, 38; Momm., _loc. cit._]
+
+[Footnote 17: Livy, VI, 38; Momm., _loc. cit._]
+
+[Footnote 18: Dion Cassius, Fragment, XXXIII, with Reimer's note.]
+
+[Footnote 19: Livy, VI, 42.]
+
+[Footnote 20: Livy, VI, 42: et comitia consulum adversa nobilitate habita,
+quibus Lucius Sextius de plebe primus consul factus.]
+
+[Footnote 21: Livy, _loc. cit._]
+
+[Footnote 22: Livy, VI, 42; Ovid, Faustus, I, 641, seq.:
+
+  "Furius antiquam populi superator Hetrusci
+   Voverat et voti solverat ante fidem
+   Causa quod a patribus sumtis secesserat annis
+   Vulgus; et ipsa suas Roma timebat opes."]
+
+[Footnote 23: Momm., I, 389.]
+
+[Footnote 24: Momm., I, 384.]
+
+[Footnote 25: Arnold, _Roman History_, II, 35; Ihne, _Essay on the Roman
+Constitution_, p. 72. Ihne, _Roman Hist._, I, 332-334. Long, I, ch. XI.
+Lange, _loc. cit._]
+
+[Footnote 26: 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." Appian, _Bell. Civ._, 1, 8; "_[Greek: taen gaen es tous
+oikeious epi upokrisei dienemon.]_"]
+
+[Footnote 27: Momm., I, 389.]
+
+[Footnote 28: Momm., I, 389, 390.]
+
+[Footnote 29: Momm., I, 389, 390.]
+
+
+
+
+SEC. VIII.--AGRARIAN MOVEMENTS BETWEEN 367 AND 133.
+
+
+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,[1] 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 2-3/4, 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.
+
+_Agrarian Law of Curius._ Beyond the distribution of the _ager publicus_
+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[2] state for purposes
+of colonization and division among the impoverished citizens. In the year
+287,[3] 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[4] each. It is certain that this bill met with great opposition but
+we have not been informed as to the causes.[5] 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.[6]
+By this move the _lex Hortensia_[7] was passed and, doubtless, the _agraria
+lex_ 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.
+
+_Lex Flaminia._ Fifty four years after the enactment of the law of Curius
+Dentatus, in the year 232, the tribune Caius Flaminius,[8] 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 _Gallicus
+Ager_[9] among the plebeians. This territory[10] 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[11](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 _potestas_ in restraining his son.[12] 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,"[13] obeyed. It finally became necessary for the plebeians to
+take their stand on the formal constitutional law and to cause the _agraria
+lex_ to be passed by a vote of the assembly of the tribes without a
+previous resolution or subsequent approbation of the senate.[14] Polybius
+dates a change for the worse in the Roman constitution from this time.[15]
+The relief of the plebeians was further promoted by the foundation[16] of
+new colonies.
+
+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 _ager publicus_ or of the territory of Carthage,
+Sicily, or Campania, _i.e._ 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[17] the distributions should be made by the
+_decenvirs_. In spite of the insufficiency of these details the passage
+reveals to us two important facts:
+
+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.
+
+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[18] in the east. The AEtolians 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.e._, 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.
+
+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 _senatus
+consultum_ ordered a distribution of this land to the commons. The praetor
+of the city A. Atilius, was authorized to appoint _decemvirs_, whose names
+Livy gives, to assign ten jugera to Roman citizens and three jugera to
+Latin[19] 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[20] the mention of a new assignment of land of seven jugera
+_viritim_, 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 _lex Sempronia Tiberiana_ in 133.
+
+_Condition of the Country at the time of the Gracchan Rogations._ 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.
+
+One of the greatest dangers to the republic at this time reveals itself in
+the claims[21] 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.[22] 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 _ager publicus_ of Rome, and was either given to
+veterans[23] or occupied by Roman capitalists, thus increasing the revenues
+of a few nobles.
+
+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[24]
+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,[25] 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 _municipia_.[26] 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 _jus Latii_ considerable privileges. They held in
+great[27] 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 _jus Romanum_. There were other peoples who, although
+strangers to Latium, had been admitted, by reason of their services[28] to
+Rome, to participate in the benefits of the _jus Latii_. The other peoples,
+admitted merely to the _jus Italicum_, did not enjoy any of the civil or
+political rights of Roman citizens, nor any of the privileges of Latin[29]
+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[30] 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 _municipia_.[31] These _municipia_
+governed themselves and were divided into two classes:
+
+(1.) _Municipia sine suffragio_, for example, Caere and Etruria, had
+only interior privileges; their inhabitants could not vote at Rome and,
+consequently, could not[32] participate in the exercise of sovereignty.
+
+(2.) _Municipia cum suffragio_ had, outside of their political and civil
+rights, the important right of voting[33] at Rome. These citizens of
+villages had then, as Cicero said of the citizens of Arpinum, two
+countries, one _ex natura_, the other _ex jure_. Lastly, there were
+some cities in the south of Italy, _i.e._ in Magna Graecia, that had
+received[34] 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[35] 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 _jus
+Latii_, others with simply the _jus Italicum_, colonies, prefectures,
+municipia _cum_ et _sine suffragio_. 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.[36] A comparison of the numbers of the census of 115 and that of
+70 shows that the numbers of Italians and Romans were[37] 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 _comitia tributa_ 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[38] 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[39] Flaccus, Marius,[40] and Livius
+Drusus[41] failed in the same attempt, being opposed both by the nobility
+and the plebs.
+
+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 _seminarium
+senatus_. 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."[42] 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.
+
+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 _gentes_ 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[43] 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
+_aerarii_; merchants,[44] 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[45] 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 _ager_ had not been touched, and little by little
+the Licinian law had fallen into disuetude.
+
+[Footnote 1: Livy, VIII, 11, 12.]
+
+[Footnote 2: Ihne, I, 447.]
+
+[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."]
+
+[Footnote 4: "Manii Curii nota conscio est, perniciosum intellegi civem
+cui septem jugera non essent satis." Pliny, _Hist. Nat._, 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:
+
+  "Mox etiam fructis aetate, ac Punica passis
+  Proelia vel Pyrrhum immanem glacosque Molossos,
+  Tandem pro multis vix jugera bina dabantur
+  Vulneribus Merces ea sanguinis atque labores."]
+
+[Footnote 5: Appian, III, 5: Zonarius, VIII, 2.]
+
+[Footnote 6: Ihne, I, 447.]
+
+[Footnote 7: Gellius, XV, 27: "Postea lex Hortensia late, qua cautum
+est, ut plebisipa universum populum tenerent." Marquardt u. Momm., _Roem.
+Alter.,_ IV, 102.]
+
+[Footnote 8: Polyb., II, 21, 8.]
+
+[Footnote 9: Varro, De R.R., I, 2; De L.L., VI, 5.]
+
+[Footnote 10: Ihne, IV, 26. See Long, I, 157, who disputes this statement.]
+
+[Footnote 11: Varro, De R.R., I, 2.; De L.L., VI, 5.]
+
+[Footnote 12: Val. Max., V, 4, 5.]
+
+[Footnote 13: 1 Val. Max., V, 4, 5; Cicero, _De Juventute,_ II, 17.]
+
+[Footnote 14: Ihne, IV, 26; Cicero, _De Senectute,_ 4.]
+
+[Footnote 15: Polybius, II, 21.]
+
+[Footnote 16: Livy, Epit., XX, 19.]
+
+[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.]
+
+[Footnote 18: Momm., II, 230-241.]
+
+[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....
+Divers[=e]runt dena jugera in singulos, sociis nominis Latini terna."]
+
+[Footnote 20: Ihne, IV, 370.]
+
+[Footnote 21: Livy, XXXI, 4, 1; Ihne, IV, 370-372.]
+
+[Footnote 22: Livy, XXXI, 4, 1; Ihne, IV, 370-372.]
+
+[Footnote 23: Livy, _loc. cit._]
+
+[Footnote 24: Ihne, IV, 148.]
+
+[Footnote 25: Ihne, IV, 371.]
+
+[Footnote 26: Ihne, IV, 354; Momm., III, 277.]
+
+[Footnote 27: Momm., I, 151-162; Ihne, IV, 179. Marquardt u. Momm., IV,
+26-27, 63.]
+
+[Footnote 28: Livy, IX, 43, 23; Ihne, IV, 181.]
+
+[Footnote 29: Ihne, IV, 185-186. Marquardt u. Momm., 46, 60.]
+
+[Footnote 30: Marquardt u. Momm., IV, 41-43.]
+
+[Footnote 31: Ibid, IV, 26.]
+
+[Footnote 32: Marquardt u. Momm., IV, 27-34.]
+
+[Footnote 33: Ibid.]
+
+[Footnote 34: Marquardt u. Momm., IV, 44.]
+
+[Footnote 35: Marquardt u. Momm., IV, 45-46.]
+
+[Footnote 36: Momm., _Roem. Ge._, II, 225.]
+
+[Footnote 37: Ihne, IV, 370.]
+
+[Footnote 38: Momm., Lange, Ihne, Long--as given.]
+
+[Footnote 39: Momm., III, 132.]
+
+[Footnote 40: Momm., III, 252, 422.]
+
+[Footnote 41: Momm., III, 281.]
+
+[Footnote 42: Livy, XXII, 34.]
+
+[Footnote 43: Ihne, IV, 354-356.]
+
+[Footnote 44: Ihne, IV, 354-356.]
+
+[Footnote 45: Livy, XXV, 3: "Patres ordinem publicanorum in tali tempore
+offensum nolebant."]
+
+
+
+
+(a) _Extension of Territory by Conquest between 367 and 133_.
+
+1. Caere submitted in 353, yielding all southern Etruria to Rome.
+
+2. Volcian territory and all Latium fell to Rome at the close of the Latin
+war in 339.
+
+3. Capua, taken in 337.
+
+4. Cales, taken in 334. In this struggle all Campania became Roman
+territory.
+
+5. Sabine territory submitted in 290.
+
+6. Tarentum, captured in 272.
+
+7. Rhegium, captured in 270.
+
+8. The Galli Senones were destroyed in 283 and their whole territory
+(Umbria) was confiscated.
+
+9. In 293, Liguria and Transpadana Gallia were added to the Roman
+confederation.
+
+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[1] miles.
+
+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.
+
+
+
+
+(b) _Colonies Founded between 367 and 133._
+
+
+                             (a). CIVIC COLONIES.
+--------------+---------------+--------+-------+---------+---------+-------
+              |               |        | NO.   | SIZE OF |         |
+COLONIES.     |  PLACE.       | DATES. | OF C. | ALLOT.  | JUGERA. |ACRES.
+--------------+---------------+--------+-------+---------+---------+-------
+              |               |        |       |         |         |
+Antiuim.      | Latium.       | 338    |  300  |   2     |   600   |   375
+Anxur.        |    "          | 329    |  300  |   2     |   600   |   375
+Minturnae.    | Campania.     | 296    |  300  |   2     |   600   |   375
+Sinuessa.     |    "          | 296    |  300  |   2     |   600   |   375
+Sena Gallica. | Umbria.       | 283    |  300  |   6     | 1,800   | 1,125
+Castrum Novum.| Picenum.      | 283    |  300  |   6     | 1,800   | 1,125
+Aesium.       | Umbria.       | 247    |  300  |   6     | 1,800   | 1,125
+Alsium.       | Etruria.      | 247    |  300  |   6     | 1,800   | 1,125
+Fregenae.     |    "          | 245    |  300  |   6     | 1,800   | 1,125
+Pyrgi.        |    "          | 191    |  300  |   6     | 1,800   | 1,125
+Puteoli.      | Campania.     | 194    |  300  |   6     | 1,800   | 1,125
+Volturnum.    |    "          | 194    |  300  |   6     | 1,800   | 1,125
+Liternum.     |    "          | 194    |  300  |   6     | 1,800   | 1,125
+Buxentum.     | Lucania.      | 194    |  300  |   6     | 1,800   | 1,125
+Salernum.     | Campania.     | 194    |  300  |   6     | 1,800   | 1,125
+Sipontum.     |    "          | 194    |  300  |   6     | 1,800   | 1,125
+Tempsa.       | Bruttii.      | 194    |  300  |   4     | 1,200   |   750
+Croton.       |    "          | 194    |  300  |   4     | 1,200   |   750
+Potentia.     | Picenum.      | 184    |  300  |   6     | 1,800   | 1,125
+Pisaurum.     | Umbria.       | 184    |  300  |   6     | 1,800   | 1,125
+Parma.        | Gall. Cisalp. | 183    |1,000  |   6     | 6,000   | 3,750
+Mutina.       |  "     "      | 183    |1,000  |   6     | 6,000   | 3,750
+Saturnia.     | Etruria.      | 183    |  300  |   6     | 1,800   | 1,125
+Graviscae.    |    "          | 181    |  300  |   5     | 1,500   |   938
+Luna.         |    "          | 173    |  300  |   6     | 1,800   | 1,125
+Auximum.      | Picenum.      | 157    |  300  |   6     | 1,800   | 1,125
+--------------+---------------+--------+-------+---------+---------+-------
+                                               |  Total..|38,900   |30,500
+-----------------------------------------------+---------+---------+-------
+
+
+
+
+                             (b). LATIN COLONIES.
+------------+-----------------+--------+-------+---------+---------+-------
+            |                 |        |   NO. | SIZE OF |         |
+COLONIES.   | PLACE.          | DATES. |  OF C.| ALLOT.  | JUGERA. | ACRES.
+------------+-----------------+--------+-------+---------+---------+-------
+Calles.     | Campania.       | 334    |   300 |   4     |  1,200  |    750
+Fregellae.  | Latium.         | 328    |   300 |   4     |  1,200  |    750
+Luceria.    | Apulia.         | 314    |   300 |   4     |  1,200  |    750
+Suessa.     | Latium.         | 313    |   300 |   4     |  1,200  |    750
+Pontiae.    | Isle of Latium. | 313    |   300 |   4     |  1,200  |    750
+Saticula.   | Samnium.        | 313    |   300 |   4     |  1,200  |    750
+Sora.       | Latium.         | 312    | 4,000 |   4     | 16,000  | 10,000
+Alba.       | "               | 303    | 6,000 |   6     | 36,000  | 22,500
+Narnia.     | Umbria.         | 299    |   300 |   6     |  1,800  |  1,125
+Carseoli.   | Sabini.         | 298    | 4,000 |   6     | 24,000  | 15,000
+Venusia.    | Apulia.         | 291    |   300 |   6     |  1,800  |  1,125
+Hatria.     | Picenum.        | 289    |   300 |   6     |  1,800  |  1,125
+Cosa.       | Campania.       | 273    | 1,000 |   6     |  6,000  |  3,750
+Paestum.    | Lucania.        | 273    |   300 |   6     |  1,800  |  1,125
+Ariminum.   | Agr. Gallicus.  | 268    |   300 |   6     |  1,800  |  1,125
+Beneventum. | Samnium.        | 268    |   300 |   6     |  1,800  |  1,125
+Firmum.     | Picenum.        | 264    |   300 |   6     |  1,800  |  1,125
+Aesernia.   | Samnium.        | 263    |   300 |   6     |  1,800  |  1,125
+Brundisium. | Calabria.       | 244    |   300 |   6     |  1,800  |  1,125
+Spoletium.  | Umbria.         | 241    |   300 |   6     |  1,800  |  1,125
+Cremona.    | Gaul.           | 218    | 6,000 |   6     | 36,000  | 22,500
+Placentia.  | "               | 218    | 6,000 |   6     | 36,000  | 22,500
+Copiae.     | Lucania.        | 193    |   300 |   6     |  1,800  |  1,125
+Bononia.    | Gaul.           | 192    | 3,000 |   6     | 18,000  | 11,250
+Aquileia.   | "               | 181    | 4,500 |   6     | 27,000  | 16,875
+------------+-----------------+--------+-------+---------+---------+-------
+                                Total ...................|226,000  |141,250
+                                Civic Colonies ..........| 38,900  | 30,500
+                                                         |---------|-------
+                                Grand Total .............|264,900  |171,750
+                                                         |         |   or
+                                                         |         | 268.36
+                                                         |         |Sq. Mi.
+---------------------------------------------------------+---------+-------
+
+
+[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.]
+
+
+
+
+SEC. 9.--LATIFUNDIA.
+
+
+"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;[1]
+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.[2] 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."[3]
+
+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.[4]
+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[5] 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[6] 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 _Gardens of Pompey_, when
+he is interrupted by Trimalchio asking when the _Gardens of Pompey_
+had been purchased for him, and is informed that they had been in his
+possession for a year.[7] 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[8] 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[9] 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[10] 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.
+
+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.[11] Cornelia, the mother of the
+Gracchi, had a country residence in the vicinity of Micenum which cost[12]
+75,000 drachmae ($14,000); Lucullus some years afterwards bought it for
+500,200 drachmae ($100,040). According to Cicero,[13] Crassus had a fortune
+of 100,000,000 sesterces ($4,200,000). This does not astonish us when we
+see upon the _via Appia,_ 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.[14]
+
+Pliny confirms this statement concerning Crassus, but adds that Sulla was
+even richer.[15] 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[16] part of
+Rome.
+
+Some other facts confirm that which Plutarch tells us of Crassus.
+Athenaeus[17] says that it was not rare to find Roman citizens possessed
+of 20,000 slaves. At the commencement of the civil war between Caesar and
+Pompey, the future dictator found opposed to him, in Picenum, Domitius[18]
+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?
+
+[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.]
+
+[Footnote 2: "Parentes aut parvi liberi militum, ut quisque potentiori
+confinis erat, sedibus pellebantur." Sall., _Jugertha_, 41. Horace, Ode II,
+18.]
+
+[Footnote 3: Duruy, _Hist. des Romains_, II, 46-47.]
+
+[Footnote 4: "Sex domini semissem Africae possidebant." _Hist. Nat._,
+XVIII, 7.]
+
+[Footnote 5: Seneca, Epist., 89.]
+
+[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.]
+
+[Footnote 7: Quid? inquit Trimalchio: quando mihi Pompeiani horti emti
+sunt? Anno priore, inquit actuarius. (_Ibid._ 53.)]
+
+[Footnote 8: Vinum, inquit, si non placet, mutabo; vos illud, oportet
+faciatis. Deorum beneficio n[=o]n emo, sed nune, quidquid ad salivam facit,
+in suburbano nascitur eo quod ego adhue non navi. Dicitur confine esse
+Tarracinensibus et Tarentinis.]
+
+[Footnote 9: Quod si contigerit Apuliae fundos jungere, satis vivus
+pervenero, _(Ibid. _77.)]
+
+[Footnote 10: Nunc conjungere agellis Siciliam volo, ut quun Africam
+libuerit ire, per meos fines navigem. Sat.,48.]
+
+[Footnote 11: Ad Fam., V, 6: "quod de Crasso domum emissem emi eam ipsam
+domum H.S., XXXV."]
+
+[Footnote 12: Plutarch, _Life of Marius._]
+
+[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?]
+
+[Footnote 14: Cicero, _Paradoxia_, VI.]
+
+[Footnote 15: Pliny, _Hist. Nat.,_XXXIII, 10.]
+
+[Footnote 16: Plutarch, _Crassus_, c. 1 and 2.]
+
+[Footnote 17: Athenaeus, _Deipnosophistae,_VI, 104.]
+
+[Footnote 18: Caesar, _Bell. Civ.,_I, 17.]
+
+
+
+
+SEC. 10.--THE INFLUENCE OF SLAVERY.
+
+
+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.
+
+Thus in the city, plebeians found no employment. Competition was impossible
+between fathers of families and slaves who labored _en masse _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[1] 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[2]
+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.[3] 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.[4]
+Slave labor was thus adopted for economic reasons, and, for the same
+reasons, agriculture in Italy was abandoned for stock raising.
+
+Says Varro:[5] "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."
+
+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[6] 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.
+
+[Footnote 1: M. Bureau de la Malle, _Ec. polit. des Romains,_ch. 15, p.
+143; ch. 2, p.231.]
+
+[Footnote 2: Plutarch, _Cato the Censor,_6 and 7.]
+
+[Footnote 3: Horace, Sat. II, 7; v. 42-43: "Quid? si me stultior ipso
+quingentis empto drachmis, deprehenderis."]
+
+[Footnote 4: Diodorus, Siculus, Fg. of Bk. XXXIV.]
+
+[Footnote 5: Varro, _De R.R. Proem. _3, 4.]
+
+[Footnote 6: Livy, XXII, 15.]
+
+
+
+
+SEC. 11.--LEX SEMPRONIA TIBERIANA.
+
+
+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
+_ager publicus, _with the proviso that any father could reserve[1] 250
+jugera for each son.[2] This law differed from that of Licinius in that
+it guaranteed permanent possession of this amount to the occupier and his
+heirs forever.[3] Other clauses were subjoined providing for the payment[4]
+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.[5] 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.[6]
+
+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.[7] 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.
+
+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[8] 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.[9] This
+collegium of three persons,[10] 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.[11] 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.[12]
+
+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[13] 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 _ager publicus_
+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 _ager publicus_ and
+what _ager privatus_. 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 _ager publicus_ and
+confiscated.[14]
+
+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.[15] 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[16] to membership in the collegium.
+
+_Uncertainty as to the Details of the Lex Sempronia._ 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 _bona fide_
+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.
+
+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.
+
+_Results of this Law._ 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.
+
+"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.
+
+"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."
+
+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."
+
+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.e._ 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.[17] 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.
+
+This is sufficient to establish Mommsen's thesis;[18] 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.
+
+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.
+
+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.
+
+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.
+
+[Footnote 1: App., I,9; Livy, Epit., LVIII, XII: "possessores, qui filios
+in potestate haberent, supra legitimum modum ducena quinquagena jugera in
+singulos retinerent."]
+
+[Footnote 2: Mommsen states that this privilege was limited to 1000 jugera
+in all, and Wordsworth follows him, making the same statement. Lange, Roem.
+Alterthuemer, 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: [Greek: "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., Roem.
+Alter, 106.]
+
+[Footnote 3: App., I, 11.]
+
+[Footnote 4: Momm., III, 114; Plutarch, Tiberius Gracchus, 9, 1. 9.]
+
+[Footnote 5: App., I, 1. 3.]
+
+[Footnote 6: [Greek: 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; [Greek: 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."]. Ihne, IV, 385. Lange says (III, 10): "Das Gracchus
+die Latiner und Bundesgenosen nicht beruecksichtigte, war bei der Gesinnung
+der roemischen Buergerschaft gegen die Latiner ganz natuerlich." I can not
+see how he harmonizes this statement with that of App., [Greek: Italikou
+genous] and [Greek: Italia ethnae]. Momm., Roem. Ge., II, 88.]
+
+[Footnote 7: Sallust, Jugertha, XLII.]
+
+[Footnote 8: App., I, XII; Plutarch, Tiberius Gracchus, 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."]
+
+[Footnote 9: Momm., III, 115.]
+
+[Footnote 10: App., I, 9; Livy, Epit., LVIII, 12; Plut., Tib. Gr., 8-14;
+Cic., De Leg. Agr., II, 12, 13; Velleius, 2, 2; Aurelius Vic., De Vir.
+Illus., 64.]
+
+[Footnote 11: Plutarch, Tiberius Gracchus, 13.]
+
+[Footnote 12: Momm., III, 115. See Ihne's just condemnation of this clause;
+IV, 387.]
+
+[Footnote 13: Plutarch, Tib. Grac., XIII, ln. 12; Duruy, Hist. Rom., vol.
+II, pp. 339-420 of Translation.]
+
+[Footnote 14: Long, I, 183; Ihne, IV, 387; Lange, III, 10-12; Nitzsch,
+Die Gracchen, 294 et seq.]
+
+[Footnote 15: Plutarch, Tib. Grac., 14; Florus, II.]
+
+[Footnote 16: Cicero, De Amicitia, 12. "Tiberius Gracchus regnum occupare
+conatus est vel regnavit is quidem paucas menses."]
+
+[Footnote 17: Momm., II, p. 417.]
+
+[Footnote 18: Professor Long thinks that the law of Tiberius soon became a
+dead letter. Lange (Roem. Alter., III, 26-29), inclines to this view. Duruy
+(II, 419-420), and most other modern writers agree with Mommsen.]
+
+
+
+
+
+SEC. 12.--LEX SEMPRONIA GAIANA.
+
+
+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.[1] 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.[2] 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,[3] 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[4] 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.
+
+[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
+_senatus consultum._ See Ihne, IV, 414, note.]
+
+[Footnote 2: Momm., III, 137.]
+
+[Footnote 3: Cicero, _De Leg. Agr._, II, c. 29-32; Marquardt u. Momm.,
+_Roem. Alter._, IV, 106: "ager publicus mit Ausnahme einiger dem Staate
+unenbehrlicher Domainen, wozu namentlich das Gebiet von Capua und das
+stellatische Feld bei Cales gehoerte."]
+
+[Footnote 4: Ihne, IV, 438-479. Plutarch, _Gaius Gracchus_, 13.]
+
+
+
+
+CHAPTER III.
+
+
+
+
+SEC. 13.--LEX THORIA.[1]
+
+
+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.
+
+1. A law "That the holders of the land which was the matter in dispute
+might legally sell[2] 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[3] makes the date 118, and Mommsen assigns the law to
+Marcus[4] 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[5] 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[6] 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.[7] 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,[8] and
+the plodding unexciting life of the Roman _agricola_, 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[9]
+which enjoyed the sweet privilege of an existence sustained without labor.
+
+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[10] 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.
+
+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 (_vectigalia_) for it to the state ([Greek: daemo]) and that the
+money arising from these payments should be distributed."[11]
+
+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,[12] thus reestablishing the law which had been annulled by
+Drusus. This took the place of distributions of land, which had now been
+made impossible[13] in Italy. In reality this law was disastrous to the
+plebeians as it established a tax[14] for their benefit, a _congiarium_,
+and placed a premium upon laziness.
+
+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.[15] Cicero mentions a tribune by the name of Spurius[16]
+Thorius and Schweighaeuser 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."[17] Appian
+says that Spurius Borius guaranteed the _possessions_ 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.[18] 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[l9] "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.
+
+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 [Greek: oupolu husteron] abolished even the vectigalia."[20]
+This is evidently the same law which Cicero mentions as that of Spurius
+Thorius and as he also mentions him in another place (_De Or_., II, 70,
+284), we may possibly accept him as the author.
+
+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[21]
+back an agrarian law. These fragments were discovered in the 16th century
+among the collections in the Museum of Cardinal[22] 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.[23] Mommsen has a
+commentary in the Corpus Inscriptionum Latinarum[24] 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[25] his arguments moreover for this title are not easily set
+aside, we can do no better than adopt it.
+
+
+
+
+_Argument of the Lex Thoria._[26]
+
+The law evidently consists of three parts, although the rubricae are
+absent.
+
+I. De agro publico p. R. in Italia (1-43).
+
+II. De agro publico p. R. in Africa (44--95).
+
+III. De agro publico p. R. qui Corinthorum fuit (96-105).
+
+
+I. On the Ager Publicus in Italy.
+
+This part may be divided roughly into three sections: (1) Lines 1-24,
+defining _ager privatus_; (2) 24-32, defining _ager publicus_; (3) 33-43,
+on disputed cases.
+
+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.e._, _Ager
+Campanus_ and _Ager Stellatis_, was also excluded from the operation of the
+_lex Thoria_.
+
+(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;
+
+(2) Also, to the assignments made by lot (_sortito_) 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;
+
+(3) Also, to all lands taken from an old possessor, but on his complaint
+restored to him by the commissioners;
+
+(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;
+
+(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 "_formae_" or
+"_tabulae_."
+
+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."
+
+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.
+
+Of lines 11-13 (ch. II) nothing definite can be said, because of the few
+words which have been preserved.[27] Rudorff explains them as referring to
+land granted to _viasii vicani_ (dwellers in villages along the roads), by
+the Sempronian commissioners; such lands to remain in their possession, but
+to be theoretically _ager publicus._
+
+Lines 13-14 refer to lands occupied since 133 _agri colendi causa_. 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,[28] 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.
+
+Lines 14-15 relate to holders of pasture land (_ager compascuus_). This
+_ager compascuus_ was land which had been left undivided, and had not
+become the private property of any individual, but was the common property
+of the owners of the adjacent lands. These persons had the right to pasture
+stock upon this land by paying pasture dues (_scriptura_ or _vectigal_)
+to the state. The _Thoria lex_ freed these lands from the _vectigal_ or
+_scriptura_, and granted free pasturage to each man for ten head of
+large beasts--cattle, asses, and horses--and fifty head of smaller
+animals--sheep, goats, and swine. This common pasture must be carefully
+distinguished from the communal property which was granted to the settlers
+in a Colonia and called "_compascua publica_" with the additional title[29]
+of the colony, as "_Julienses_."
+
+These rights of common resemble, in some respects, the English common
+of pasture as described by Bracton.[30] By English customary law, every
+freeholder holding land within a manor, had the right of common of
+pasturage on the lord's wastes as an incident to his land.
+
+Lines 15-16. The possession of land, granted by the commissioners in a
+colony since 133, to be confirmed before the Ides of March next.
+
+Lines 16-17. The same rule applied to lands granted otherwise by the same
+commissioners.
+
+Line 18. Such occupants if forcibly ejected to be restored.
+
+Lines 19-20. Land assigned by the Sempronian commission, in compensation
+for land in a colony which had been made public, to become private.
+
+Lines 23-24. Confirmation of the title or restitution of such land to be
+made before the Ides of March next.
+
+Lines 24-25. Land besides this which remains public is not to be occupied,
+but to be left free to the public for grazing. A fine for occupation is
+imposed. The law allowed all persons to feed their beasts great and small
+on this public pasture, up to the number mentioned in lines 14-15 as the
+limit to be pastured on the _ager campascuus_, free of all tax. This,
+according to Rudorff, was done for the benefit of the small holders. Those
+who sent more than this number of animals to the public pastures must pay a
+_scriptura_, for each head.
+
+Line 26. While the cattle or sheep were driven along the '_calles_,' or
+beast-tracks, and along the public roads to the pasture grounds, no charge
+was made for what they consumed along the road.
+
+Line 27. Land given in compensation out of public land, to be _privatus
+utei quoi optuma lege_.
+
+Line 27. Land taken in this way from private ownership to be _publicus_, as
+in 133.
+
+Lines 27-28. Land given in compensation for _ager patritus_ to be itself
+_patritus_.
+
+Line 28. Public roads to remain as before.
+
+Line 29. Whatever Latins and _peregrini_ might do in 112, and whatever is
+not forbidden citizens to do by this law, they may do henceforward.
+
+Lines 29-30. Trial of a Latin to be the same as for a Roman citizen.
+
+Lines 31-32. Territory (1) of borough towns or colonies (2), in
+trientabulis, to be, as before, public.
+
+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.
+
+Lines 35-36. Cases of dispute after this date to be tried by consuls,
+praetors, or censors.
+
+Lines 36-39. Judgment on money owing to publicani to be given by consuls,
+proconsuls, praetors or propraetors.
+
+Line 40. No one to be prejudiced by refusing to swear to laws contrary to
+this law.
+
+Lines 41-42. No one to be prejudiced by refusing to obey laws contrary to
+this law.
+
+Lines 43-44. On the colony of Sipontum (?).
+
+Thus we see that the _lex Thoria_ had two main objects in view: (1) The
+guaranteeing to possessors full property in the land which they occupied.
+(2) The freeing from _vectigal_ or _scriptura_ the property of every one.
+
+In this way was the reaction of the aristocracy completed. It left nothing
+of the Sempronian law. Appian[31] 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 _possessions_ of the nobles were
+not only legally acquired but inviolable, then they raised the mask, and
+by a bold step swept away the _vectigal_,[32] 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[33] of trade and manufacture to the nobility, while conquest had
+filled their hands with gold and placed at their disposal vast numbers[34]
+of slaves. There was but one channel open for the investment of this
+gold,--the agrarian.[35] 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.
+
+[Footnote 1: Rudorff, _Ackergesetz des Spurius Thorius_, Zeitschrift fuer
+geschichtliche Rechtswissenschaft, Band X, s. 1-158. Corpus Inscriptionum
+Latinarum, vol. V, pp. 75-86. Wordsworth, _Specimens and Fragments of Early
+Latin_, 440-459.]
+
+[Footnote 2: Appian, _Bell. Civ._, I, c. 27.]
+
+[Footnote 3: Ihne, _Roman History_, V, 9.]
+
+[Footnote 4: Momm., _Rom. Hist._, III, 165.]
+
+[Footnote 5: Long, _Decline of the Rom. Rep._, I, 352. See Lange, _Roem.
+Alter._, III, 48.]
+
+[Footnote 6: Long, _loc. cit._]
+
+[Footnote 7: Momm., III, 161; Ihne, V, 10.]
+
+[Footnote 8: Long, _loc. cit._]
+
+[Footnote 9: Lange, III, 48-49; Marquardt u. Momm., IV, 108.]
+
+[Footnote 10: Long, _loc. cit._ Momm., III, 167-168; Ihne, V, 8-10.]
+
+[Footnote 11: Appian, I, c. 27.]
+
+[Footnote 12: Long, I, 353.]
+
+[Footnote 13: Long, I, 354.]
+
+[Footnote 14: Ihne, V, 10-11.]
+
+[Footnote 15: Long, I, 353; Wordsworth, 440; Momm., III, 165, note; Ihne,
+V, 9; Lange, III, 48; Appian, I, c. 27.]
+
+[Footnote 16: Cicero, _Brut._, 36.]
+
+[Footnote 17: Cicero, _De Orat._, II, 70.]
+
+[Footnote 18: Marquardt u. Momm., _Roem. Alter._, IV, 108, n. 4; Wordsworth,
+441.]
+
+[Footnote 19: Corpus Inscriptionum Latinarum, vol. I, p. 74.]
+
+[Footnote 20: Appian, I, c. 27.]
+
+[Footnote 21: Long, I, 355; Wordsworth, 440.]
+
+[Footnote 22: Long, I, 355; Wordsworth, 440; See Rudorff, Ack. des Sp.
+Thor.]
+
+[Footnote 23: Zeitschrift fuer geschichtliche Rechtswissenschaft, Band X, s.
+1-194.]
+
+[Footnote 24: C.I.L., I, pp. 75-86.]
+
+[Footnote 25: Long, I, 356.]
+
+[Footnote 26: Wordsworth, 447. See the text of this law in C.I.L., vol. I,
+pp. 79-80.]
+
+[Footnote 27: Long, I, 359.]
+
+[Footnote 28: "Quom quis ceivis Romanus agri colendi causa in eum agrum
+agri jugera non amplius xxx possidebit habebitue, is ager privatus esto."]
+
+[Footnote 29: Long, _loc. cit._; Wordsworth, 446.]
+
+[Footnote 30: Digby, _History of the Law of Real Property in England_, p.
+157.]
+
+[Footnote 31: Long, I, 357.]
+
+[Footnote 32: Appian, I, c. 27.]
+
+[Footnote 33: Long, _loc. cit._; Ihne, _loc. cit._]
+
+[Footnote 34: Ihne, _loc. cit._; Long, _loc. cit._]
+
+[Footnote 35: Momm., _loc. cit._]
+
+
+
+
+SEC. 14.--AGRARIAN MOVEMENTS BETWEEN 111 AND 86.
+
+
+In the year following the enactment of the _lex Thoria_, 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.[1] 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.
+
+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[2] 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.[3] 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 cooeperation
+of Marius. When Saturninus brought forward his second bill, Marius[4] 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[5] 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,[6] 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.[7] These colonies were to consist
+of Roman citizens; and, in order that Latini,[8] 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[9] (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.
+
+In the year 99, _i.e._, 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.[10] 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[11] brought forward an agrarian law."
+Cicero mentions in another place, the _lex Titia_[12] upon the same page
+as the _lex Saturnina_ and implies that it had been enacted. If so it was
+disregarded and thus rendered void.
+
+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.[13] 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.
+
+[Footnote 1: Cic., _De Off._, II, 21.]
+
+[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.]
+
+[Footnote 3: App., I, 29; Plutarch, _Marius_, 29.]
+
+[Footnote 4: Plutarch, _Marius_, _loc. cit._]
+
+[Footnote 5: App., _Bell. Civ._, I, 30-33.]
+
+[Footnote 6: App., _loc. cit._]
+
+[Footnote 7: Aurelius Victor, 73.]
+
+[Footnote 8: Cicero, _De Orat._, II, c. 7, I; _pro Balbo_, XIV; _pro
+Rabirio_, XI.]
+
+[Footnote 9: Long, I.]
+
+[Footnote 10: Cicero, _Pro Rabirio_, 9.]
+
+[Footnote 11: Val. Max., VIII, 1, Sec.2: "Sext. Titius... agraria lege lata
+gratiosus apud populum."]
+
+[Footnote 12: _De Legibus_, II, 6. _De Orat._, II, 11.]
+
+[Footnote 13: Ihne, V, 176-186; App., I, 35; Val. Max., IX, 5, 2: Cicero,
+_De Orat._, III, 1; Livy, _Epit._, 71.]
+
+
+
+
+SEC. 15.--EFFECT OF THE SULLAN REVOLUTION.
+
+
+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 cooeperate with the garrisons established
+throughout all Italy. The less guilty were required to pay fines, pull down
+their walls, and raze their citadels.[1] 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,[2] 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.[3] 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[4] was done away with and
+the domain given back to the state, thus becoming _ager publicus_. 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[5] 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[6] and the language of Rome.
+
+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[7] 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.[8] 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.
+
+Most of his new settlements were directed to Etruria, Faesulae and Arretium
+being among the number; others, to Latium[9] 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[10] 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.
+
+[Footnote 1: App., _Bell Civ._, I, 94-100; Livy, _Epit._, 89. Plutarch,
+_Life of Sulla._]
+
+[Footnote 2: Ihne, V, 391.]
+
+[Footnote 3: Momm., III, 428, note. See article on Sulla, in Brittannica.]
+
+[Footnote 4: Momm., III, 401.]
+
+[Footnote 5: Momm., III, 429; Ihne, V, 392; Long.]
+
+[Footnote 6: Momm., III, 429.]
+
+[Footnote 7: Momm., _loc. cit._; Ihne, V, 391-395.]
+
+[Footnote 8: Momm., III, 429.]
+
+[Footnote 9: Momm., III, 430; Marquardt u. Momm., _Roem. Alter._, IV, 111,
+totam Italiam suis praesidiis obsidere atque ocupare; Cicero, _De Leg.
+Agr._, 2, 28, 75.]
+
+[Footnote 10: App., I, 100; Cicero, _De Legibus Agrariis_, II, 28, 78;
+Ihne, V, 394; Marquardt u. Momm., IV, 111; Zumpt, _Comm. Epigr._, 242-246;
+Cicero, _Ad Att._, I, 19, 4: "Volaterranos et Arretinos, quorum agrum Sulla
+publicarat."]
+
+
+
+
+SEC. 16.--AGRARIAN MOVEMENTS BETWEEN 86 AND 59.
+
+
+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[1] 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."
+
+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.[2] 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.[3] This was the last attempt at agrarian legislation until the year
+59, when Julius Caesar enacted his famous law.
+
+[Footnote 1: Plutarch, _Cicero_, 16-17.]
+
+[Footnote 2: Cicero, _Ad. Att._, I, 19.]
+
+[Footnote 3: Ibid.: "Huic toti rationi agrariae senatus adversabatur,
+suspicans Pompeio novam quamdam potentiam quaeri."]
+
+
+
+
+SEC. 17.--LEX JULIA AGRARIA.
+
+
+During the first consulship of Caius Julius Caesar, he brought forward an
+agrarian[1] bill at the instigation of his confederates. The main object of
+this bill was to furnish land to the Asiatic army[2] 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 Caesar and Bibulus[3] (his colleague) entered on the
+consulship, they began to quarrel and to make preparation to support their
+parties by force. But Caesar 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 Caesar, 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[4] Capua which at the present time
+was let on public account.[5] 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 Caesar, 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 senate[6] 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 Caesar's power.... Now Caesar 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, Caesar 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."
+
+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.[7] 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 _Campanus ager_ is said[8] 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.[9] 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.[10]
+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.[11] 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,[12] 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."[13] These latter were a
+commission of twenty appointed by the state. Caesar, 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 reestablishment
+of the democratic colony founded by Marius and Cinna and afterwards
+abolished by Sulla.[14] 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[15] 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.[16]
+
+Did it pay to send out a swarm of 100,000 idle paupers[17] 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?
+
+[Footnote 1: Livy, _Epit._, 103.]
+
+[Footnote 2: Momm., IV, 244.]
+
+[Footnote 3: App., _Bell. Civ._, II, c. 10.]
+
+[Footnote 4: Compare Dio Cassius, Bk., XXXVIII, c. 1: "[Greek: Taen de
+choran taen de koinaen hapasan plaen taes Kampanidos eneme, tautaen gar en
+to daemosio ezaireton dia taen aretaen synebouleusen einai.]"]
+
+[Footnote 5: Compare Suetonius' _Caesar_, c. 20: "Campum Stellatem,
+majoribus consecratum, agrumque Campanum, ad subsidea reipublicae (sic)
+vectigalem relictum."]
+
+[Footnote 6: App., II, c. 11.]
+
+[Footnote 7: App., II, c. 20, and Suetonius, _Julius Caesar_, c. 20.]
+
+[Footnote 8: Suetonius, _loc. cit._]
+
+[Footnote 9: Lange, _Roem. Alter._, III, 273.]
+
+[Footnote 10: Cicero, _ad. Att._, VIII, 4.]
+
+[Footnote 11: Dion Cassius, 45, c. 12; Cicero, _ad Att._, X, 8.]
+
+[Footnote 12: Cicero, _Phil._, II, 39: "agrum Campanum, qui cum de
+vectigalibus eximebatur, ut militibus daretur." Marquardt u. Momm., _Roem.
+Alter._, IV, 114.]
+
+[Footnote 13: Momm., IV. 244.]
+
+[Footnote 14: Momm., III, 392, 428.]
+
+[Footnote 15: Momm., III, 392, 428.]
+
+
+
+
+SEC. 18.--DISTRIBUTION OF LAND AFTER THE CIVIL WAR BETWEEN CAESAR AND
+POMPEY.
+
+
+After Pompey had been vanquished at Pharsalia, and the republicans in
+Africa, Caesar 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,[1] 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.[2] 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[3] as much as possible throughout the entire peninsula in order
+to make them more easily amenable to the laws.[4] In Campania, where Caesar
+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.
+
+[Footnote 1: App., 94.]
+
+[Footnote 2: App., II, 120.]
+
+[Footnote 3: Long; Momm.]
+
+[Footnote 4: Suetonius, _Julius Caesar_, 38.]
+
+
+
+
+SEC. 19.--DISTRIBUTIONS FROM THE DEATH OF CAESAR TO THE TIME OF AUGUSTUS.
+
+
+The death of Caesar 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,[1] a _lex agraria_, and the other the _lex de colonis in agros
+deducendis_ by the consul Marcus Antonius. The first was enacted on the 5th
+of June,[2] and ordered that all the _ager publicus_ still at the disposal
+of the state, including the Pomptine marshes which Caesar had at one time
+planned to drain, but had not, be divided among the veterans and citizens.
+It was abrogated by a _senatus consultum_ of the 4th of January, 43,[3]
+but was nevertheless carried into execution almost immediately with great
+relentlessness towards the enemies[4] of Antonius. The second, the _Lex
+Antonia_, perished in April of 44, and had as a result the establishment
+of a colony near Casilinum,[5] which Caesar had already colonized; the
+remainder of the domain lands, the _ager Campanus_ and _ager Leontinus_,
+was converted into a reward for the supporters of Antonius.[6] This was
+also set aside by the new law of the consul C. Vibius Pansa, in February,
+43.[7]
+
+
+
+
+_Second Triumvirate._ 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.e._, a new agrarian law; Appian says:--"In order to increase the
+zeal of the army, the triumvirs promised to the soldiers, independent[8]
+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."
+
+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.
+
+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:
+
+1. They were executed at the expense not only of public domains but also of
+private property.
+
+2. They were the work of one man and not of the entire people.
+
+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.
+
+Upon the establishment of the empire, the public lands became a vast
+manorial estate whose over-lord was the emperor himself.
+
+[Footnote 1: L. Langii, Commentationis de Legibus Antoniis a Cicerone
+Phil., V, 4, 10; Commemoratis particula prior et posterior; Lipsiae,
+1882; Lange, _Roem. Alter._, III, 499, 503, 526; Marquardt u. Momm., _Roem.
+Alter._, IV, 116.]
+
+[Footnote 2: Lange, _Comm._, II, 14.]
+
+[Footnote 3: Cicero, _Phil._, VI, 5, 14; XI, 6, 13.]
+
+[Footnote 4: _Phil._, V, 7, 20.]
+
+[Footnote 5: Langii, _Comm._, II, 14.]
+
+[Footnote 6: Cic., _Phil._, II, 17, 43; II, 39, 101; III, 9, 22; VIII, 8,
+26; Dio Cass., 45, 30; 46, S.]
+
+[Footnote 7: Cic., _Phil._, V, 4, 10; V, 19, 53; X, 8, 17; VIII, 15, 31.]
+
+[Footnote 8: [Greek: "Dosesi ton Italikon poleon oktokaideka ... osper
+autois anti taes polemias dorilaeptoi genomenai.... Outo men ta kallista
+taes Italias to strato diegrephon."] App., IV, 3.]
+
+
+
+
+FINIS.
+
+
+
+
+
+
+
+
+
+End of the Project Gutenberg EBook of Public Lands and Agrarian Laws of the
+Roman Republic, by Andrew Stephenson
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