No More Learning

His Hellenism was especially recognizable in the delicate irony of his discourse and in the classic purity of his Latin. Although not strictly an author, he yet, like Cato, committed to writing his political speeches —they were, like the letters of his adopted sister the mother of the Gracchi, esteemed by the later litteratores as master pieces of model prose — and took pleasure in surrounding himself with the better Greek and Roman litterati, a plebeian society which was doubtless regarded with no small suspicion by those colleagues in the senate whose noble birth was their sole distinction. A man morally steadfast and trustworthy, his word held good with friend and foe ; he avoided buildings and speculations, and lived with simplicity ; while in money matters he acted not merely honourably and disinterestedly, but also with a tenderness and liberality which seemed singular to the mercantile spirit of his contemporaries. He was an able soldier and officer ; he brought home from the African war the honorary wreath which was wont to be conferred on those who saved the lives of citizens in danger at the
316
THE REFORM MOVEMENT book iv
peril of their own, and terminated as general the war which he had begun as an officer ; circumstances gave him no opportunity of trying his skill as a general on tasks really difficult. Scipio was not, any more than his father, a man of brilliant gifts—as is indicated by the very fact of his predilection for Xenophon, the sober soldier and correct author — but he was an honest and true man, who seemed pre-eminently called to stem the incipient decay by organic reforms. All the more significant is the fact that he did not attempt true that he helped, as he had opportunity and means, to redress or prevent abuses, and laboured in particular at the improve ment of the administration of justice. was chiefly by his assistance that Lucius Cassius, an able man of the old Roman austerity and uprightness, was enabled to carry against the most vehement opposition of the Opti-
mates his law as to voting, which introduced vote ballot for those popular tribunals which still embraced the most important part of the criminal jurisdiction
In like manner, although he had not chosen to take part in boyish impeachments, he himself in his mature years put upon their trial several of the guiltiest of the aristocracy. In like spirit, when commanding before Carthage and Numantia, he drove forth the women and priests to the gates of the camp, and subjected the rabble of soldiers once more to the iron yoke of the old
142. military discipline; and when censor (612), he cleared away the smooth -chinned coxcombs among the world of quality and in earnest language urged the citizens to adhere more faithfully to the honest customs of their fathers. But no one, and least of all he himself, could fail to see that increased stringency in the administration of justice and isolated interference were not even first steps towards the healing of the organic evils under which the state laboured. These Scipio did not touch. Gaius Laeliui
300).
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in 614), Scipio's elder friend and his political 140. instructor and confidant, had conceived the plan of pro posing the resumption of the Italian domain-land which
had not been given away but had been temporarily oc cupied, and of giving relief by its distribution to the visibly decaying Italian farmers ; but he desisted from
the project when he saw what a storm he was going to raise, and was thenceforth named the "Judicious. " Scipio
was of the same opinion. He was fully persuaded of the greatness of the evil, and with a courage deserving of honour he without respect of persons remorselessly as sailed it and carried his point, where he risked himself alone ; but he was also persuaded that the country could
only be relieved at the price of a revolution similar to that which in the fourth and fifth centuries had sprung out of
the question of reform, and, rightly or wrongly, the remedy seemed to him worse than the disease. So with the small circle of his friends he held a middle position between the aristocrats, who never forgave him for his advocacy of the Cassian law, and the democrats, whom he neither satisfied
nor wished to satisfy ; solitary during his life, praised after
his death by both parties, now as the champion of the aris tocracy, now as the promoter of reform. Down to his time
(consul
the censors on laying down their office had called upon the gods to grant greater power and glory to the state : the censor Scipio prayed that they might deign to preserve the state. His whole confession of faith lies in that painful exclamation.
But where the man who had twice led the Roman army from deep decline to victory despaired, a youth without achievements had the boldness to give himself forth as the saviour of Italy. He was called Tiberius Sempronius Gracchus (591-621). His father who bore the same name (consul in 577, 591 ; censor in 585), was the true model of a Roman aristocrat The brilliant magnificence of hi*
Tiberius GmscIhh
168-18*.
177. 1M. 1W"
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THE REFORM MOVEMENT book iv
aedilician games, not produced without oppressing the dependent communities, had drawn upon him the severe and deserved censure of the senate 31) his inter ference in the pitiful process directed against the Scipios who were personally hostile to him 484) gave proof of his chivalrous feeling, and perhaps of his regard for his own order and his energetic action against the freed- men in his censorship (p. 53) evinced his conservative disposition. As governor, moreover, of the province of the Ebro (ii. 391), by his bravery and above all by his integrity he rendered permanent service to his country, and at the same time raised to himself in the hearts of the subject nation an enduring monument of reverence and
affection.
His mother Cornelia was the daughter of the conqueror
of Zama, who, simply on account of that generous inter vention, had chosen his former opponent as son-in-law she herself was highly cultivated and notable woman, who after the death of her much older husband had refused the hand of the king of Egypt and reared her three surviving children in memory of her husband and her father. Tiberius, the elder of the two sons, was of good and moral disposition, of gentle aspect and quiet bearing, apparently fitted for anything rather than for an agitator of the masses. In all his relations and views he belonged to the Scipionic circle, whose refined and thorough culture, Greek and national, he and his brother and sister shared. Scipio Aemilianus was at once his cousin and his sister's husband under him Tiberius, at the age of eighteen, had taken part in the storming of Carthage, and had his valour acquired the commendation of the stern general and warlike distinctions. It was natural that the able young man should, with all the vivacity and all the stringent precision of youth, adopt and intensify the views as to the pervading decay of the state which were prevalent in that
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circle, and more especially their ideas as to the elevation of
the Italian farmers, j Nor was it merely to the young men
that the shrinking of Laelius from the execution of his ideas of reform seemed to be not judicious, but weak. Appius Claudius, who had already been consul (611) and 148. censor (618), one of the most respected men in the senate, 136. censured the Scipionic circle for having so soon abandoned
the scheme of distributing the domain-lands with all the passionate vehemence which was the hereditary characteristic of the Claudian house; and with the greater bitterness, apparently because he had come into personal conflict with Scipio Aemilianus in his candidature for the censorship. Similar views were expressed by Publius Crassus Mucianus
279), the pontifex maximus of the day, who was held in universal honour by the senate and the citizens as man
and jurist. Even his brother Publius Mucius Scaevola,
the founder of scientific jurisprudence in Rome, seemed
not averse to the plan of reform and his voice was of the greater weight, as he stood in some measure aloof from the parties. Similar were the sentiments of Quintus Metellus,
the conqueror of Macedonia and of the Achaeans, but respected not so much on account of his warlike deeds as because he was model of the old discipline and manners alike his domestic and his public life. Tiberius Gracchus
was closely connected with these men, particularly with Appius whose daughter he had married, and with Mucianus whose daughter was married to his brother. was no wonder that he cherished the idea of resuming in person the scheme of reform, so soon as he should find himself in position which would constitutionally allow him the initiative. Personal motives may have strengthened this resolution.
The treaty of peace which Mancinus concluded with the Numantines in 617, was in substance the work of Gracchus 187.
the recollection that the senate had cancelled that the general had been on its account surrendered to the
28)
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THE REFORM MOVEMENT book iv
Tribunate Grac hul^
enemy, and that Gracchus with the other superior officers had only escaped a like fate through the greater favour which he enjoyed among the burgesses, could not put the young, upright, and proud man in better humour with the ruling aristocracy. The Hellenic rhetoricians with whom he was fond ofdiscussing philosophy and politics, Diophanes of Mytilene and Gaius Blossius of Cumae, nourished within his soul the ideals over which he brooded : when his inten tions became known in wider circles, there was no want of approving voices, and many a public placard summoned the grandson of Africanus to think of the poor people and the deliverance of Italy.
Tiberius Gracchus was invested with the tribunate of lhe PeoP'e on the Loth of December, 620. The fearful consequences of the previous misgovernment, the political, military, economic, and moral decay of the burgesses, were just at that time naked and open to the eyes of all. Of the two consuls of this year one fought without success in Sicily against the revolted slaves, and the other, Scipio Aemilianus, was employed for months not in conquering, but in crushing a small Spanish country town. If Gracchus still needed a special summons to carry his resolution into effect, he found it in this state of matters which filled the mind of every patriot with unspeakable anxiety. His father- in-law promised assistance in counsel and action ; fth< support of the jurist Scaevola, who had shortly before beep elected consul for 621, might be hoped for. So Gracchus, immediately after entering on office, proposed the enactment of an agrarian law, which in a certain sense was nothing
Hia
kwr [867. DUt a renewal of the Licinio-Sextian law of 387 380).
Under all the state-lands which were occupied and enjoyed the possessors without remuneration —those that were
let on lease, such as the territory of Capua, were not affected by the law—were to be resumed on behalf of the state but with the restriction, that each occupier should reserve
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for himself 500 jugera and for each son 250 (so as not, how ever, to exceed 1 000 jugera in all) in permanent and guaran teed possession, or should be entitled to claim compensation in land to that extent '3 Indemnification appears to have been granted for any improvements executed by the former holders, such as buildings and plantations. The domain- land thus resumed was to be broken up into lots of 30 jugera; and these were to be distributed partly to burgesses, partly to Italian allies, not as their own free property, but as inalienable heritable leaseholds, whose holders bound themselves to use the land for agriculture and to pay a
moderate rent to the state-chest i A collegium of three men, who were regarded as ordinary and standing magis trates of the state and were annually elected by the assembly of the people, was entrusted with the work of resumption and distribution; to which was afterwards added the important and difficult function of legally settling what was domain-land and what was private property. The distribu tion was accordingly designed to go on for an indefinite period until the Italian domains which were very extensive and difficult of adjustment should be regulated. The new features in the Sempronian agrarian law, as compared with the Licinio-Sextian, were, first, the clause in favour of the hereditary possessors;' Secondly, the leasehold and inalien able tenure proposed for the new allotments; thirdly and
especially, the regulated and permanent executive, the want of which under the older law had been the chief reason why it had remained without lasting practical application.
War was thus declared against the great landholders, who now, as three centuries ago, found substantially their organ in the senate ; and once more, after a long interval, a single magistrate stood forth in earnest opposition to the aristocratic government. It took up the conflict in the •node —sanctioned by use and wont for such cases —of paralyzing the excesses of the magistrates by means of the
vol. in 86
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i. A colleague of Gracchus, Marcus Octavius, resolute man who was seriously persuaded of
the objectionable character of the proposed domain law, interposed his veto when was about to be put to the vote
step, the constitutional effect of which was to set aside the proposal. Gracchus in his turn suspended the business of the state and the administration of justice, and placed his seal on the public chest the government acquiesced —
was inconvenient, but the year would draw to an end. Gracchus, perplexity, brought his law to the vote a second time. Octavius of course repeated his veto and to the urgent entreaty of his colleague and former friend, that he would not obstruct the salvation of Italy, he might reply that on that very question, as to how Italy could be
saved, opinions differed, but that his constitutional right to use his veto against the proposal of his colleague was beyond all doubt The senate now made an attempt to open up to Gracchus tolerable retreat two consulars challenged him to discuss the matter further in the senate house, and the tribune entered into the scheme with zeaL He sought to construe this proposal as implying that the senate had conceded the principle of distributing the domain-land; but neither was this implied in nor was the senate at all disposed to yield in the matter the dis cussions ended without any result Constitutional means were exhausted. In earlier times under such circumstances men were not indisposed to let the proposal go to sleep for the current year, and to take up again in each succeed ing one, till the earnestness of the demand and the pressure of public opinion overbore resistance. Now things were carried with higher hand. Gracchus seemed to himself to have reached the point when he must either wholly re nounce his reform or begin revolution. He chose the latter course; for he came before the burgesses with the declaration that either he or Octavius must retire from the
magistracy itself
408).
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college, and suggested to Octavius that a vote of the burgesses should be taken as to which of them they wished to dismiss. Octavius naturally refused to consent to this strange challenge ; the intercessio existed for the very pur pose of giving scope to such differences of opinion among colleagues. Then Gracchus broke off the discussion with his colleague, and turned to the assembled multitude with the question whether a tribune of the people, who acted in opposition to the people, had not forfeited his office ; and the assembly, long accustomed to assent to all proposals presented to and for the most part composed of the agricultural proletariate which had flocked in from the country and was personally interested in the carrying of the law, gave almost unanimously an affirmative answer. Marcus Octavius was at the bidding of Gracchus removed
the lictors from the tribunes' bench and then, amidst universal rejoicing, the agrarian law was carried and the first allotment-commissioners were nominated. The votes fell on the author of the law along with his brother Gaius, who was only twenty years of age, and his father-in-law
Appius Claudius. Such family -selection augmented the exasperation of the aristocracy. When the new magistrates applied as usual to the senate to obtain the moneys for their equipment and for their daily allowance, the former was refused, and daily allowance was assigned to them of 24 asses shilling). The feud spread daily more and more, and became more envenomed and more per sonal. The difficult and intricate task of defining, re suming, and distributing the domains carried strife into every burgess-community, and even into the allied Italian towns.
-
The aristocracy made no secret that, while they would Further acquiesce perhaps in the law because they could not do Gracchus, otherwise, the officious legislator should never escape their vengeance and the announcement of Quintus Fompeius.
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that he would impeach Gracchus on the very day of his resigning his tribunate, was far from being the worst of the threats thrown out against the tribune. Gracchus believed,
with reason, that his personal safety was im perilled, and no longer appeared in the Forum without a retinue of 3000 or 4000 men — a step which drew down on him bitter expressions in the senate, even from Metellus who was not averse to reform in itself. ("Altogether, if he had expected to reach the goal by the carrying of his agrarian law, he had now to learn that he was only at the
probably
The "people" owed him gratitude; but he was a lost man, if he had no farther protection than
this gratitude of the people, if he did not continue indis pensable to them and did not constantly attach to himself fresh interests and hopes by means of other and more comprehensive proposals. Just at that time the kingdom and wealth of the Attalids had fallen to the Romans by the testament of the last king of Pergamus 278); Gracchus proposed to the people that the Pergamene treasure should be distributed among the new landholders for the procuring of the requisite implements and stock, and vindicated generally, in opposition to the existing practice, the right of the burgesses to decide definitively as to the new province. He said to have prepared farther popular measures, for shortening the period of service, for extending the right of appeal, for abolishing the prerogative of the senators ex clusively to do duty as civil jurymen, and even for the admission of the Italian allies to Roman citizenship. How far his projects in reality reached, cannot be ascer
tained this alone certain, that Gracchus saw that his only safety lay in inducing the burgesses to confer on him for second year the office which protected him, and that, with view to obtain this unconstitutional prolongation, he held forth prospect of further reforms. Ifat first he had risked himself in order to save the commonwealth, he was
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now obliged to put the commonwealth at stake in order to
his own safety.
The tribes met to elect the tribunes for the ensuing Hesollcto Tfl]
year, and the first divisions gave their votes for Gracchus ; TM'^ on but the opposite party in the end prevailed with their veto, tribunate, so far at least that the assembly broke up without having accomplished its object, and the decision was postponed to
the following day. For this day Gracchus put in motion 9^' all means legitimate and illegitimate ; he appeared to the people dressed in mourning, and commended to them his
son ; anticipating that the election would once more be disturbed by the veto, he made provision for ex pelling the adherents of the aristocracy by force from the place of assembly in front of the Capitoline temple. So the second day of election came on ; the votes fell as on the preceding day, and again the veto was exercised; the tumult began. The burgesses dispersed ; the elective assembly was practically dissolved ; the Capitoline temple was closed ; it was rumoured in the city, now that Tiberius had deposed all the tribunes, now that he had resolved to continue his magistracy without re-election.
youthful
The senate assembled in the temple of Fidelity, close
Death of Y by the temple of Jupiter ; the bitterest opponents of Gracc "*
Gracchus spoke in the sitting; when Tiberius moved his hand towards his forehead to signify to the people, amidst the wild tumult, that his head was in danger, it was said that he was already summoning the people to adorn his brow with the regal chaplet. The consul Scaevola was urged to have the traitor put to death at once. When that temperate man, by no means averse to reform in itself, indignantly refused the equally irrational and bar barous request, the consular Publius Scipio Nasica, a harsh and vehement aristocrat, summoned those who shared his views to arm themselves as they could and to follow him. Almost none of the country people had come into town
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for the elections ; the people of the city timidly gave way, when they saw men of quality rushing along with fury in their eyes, and legs of chairs and clubs in their hands. Gracchus attempted with a few attendants to escape. But in his flight he fell on the slope of the Capitol, and was killed by a blow on the temples from the bludgeon of one of his furious pursuers — Publius Satureius and Lucius Rufus afterwards contested the infamous honour —before the statues of the seven kings at the temple of Fidelity; with him three hundred others were slain, not one by weapons of iron. When evening had come on, the bodies
were thrown into the Tiber; Gaius vainly entreated that
the corpse of his brother might be granted to him for
^ burial. Such a day had never before been seen by Rome.
The party-strife lasting for more than a century during the first social crisis had led to no such catastrophe as that with which the second began. The better portion of the aristocracy might shudder, but they could no longer recede. They had no choice save to abandon a great number of their most trusty partisans to the vengeance of the multi tude, or to assume collectively the responsibility of the outrage : the latter course was adopted. They gave official sanction to the assertion that Gracchus had wished to seize the crown, and justified this latest crime by the primitive precedent of Ahala 376); in fact, they even committed the duty of further investigation as to the accomplices of Gracchus to special commission and made its head, the consul Publius Popillius, take care that sort of legal stamp should be supplementarily impressed on the murder of Gracchus bloody sentences directed against large
182. number of inferior persons (622). Nasica, against whom above all others the multitude breathed vengeance, and who had at least the courage openly to avow his deed before the people and to defend was under honourable
ISO. pretexts despatched to Asia, and soon afterwards (624) in
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3*7
vested, during his absence, with the office of Pontifex Maximus. Nor did the moderate party dissociate them selves from these proceedings of their colleagues. Gaius Laelius bore a part in the investigations adverse to the partisans of Gracchus ; Publius Scaevola, who had attempted to prevent the murder, afterwards defended it in the senate ; when Scipio Aemilianus, after his return from Spain (62 a), was challenged publicly to declare whether he did or did not approve the killing of his brother-in-law, he gave the at least ambiguous reply that, so far as Tiberius had aspired to the crown, he had been justly put to death.
188.
Let us endeavour to form a judgment regarding these momentous events. The appointment of an official com- mission, which had to counteract the dangerous diminution
of the farmer-class by the comprehensive establishment of Itselt new small holdings from the whole Italian landed property
at the disposal of the state, was doubtless no sign of a healthy condition of the national economy; but it was, under the existing circumstances political and social, suited to its purpose. The distribution of the domains, moreover, was in itself no political party-question ; it might have been carried out to the last sod without changing the existing constitution or at all shaking the government of the aristocracy. As little could there be, in that case, any complaint of a violation of rights. The state was con fessedly the owner of the occupied land ; the holder as a possessor on mere sufferance could not, as a rule, ascribe to himself even a bond fide proprietary tenure, and, in the exceptional instances where he could do so, he was con fronted by the fact that by the Roman law prescription did not run against the state. The distribution of the domains was not an abolition, but an exercise, of the right of property ; all jurists were agreed as to its formal legality. But the attempt now to carry out these legal claims of the state was far from being politically warranted by the
The
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THE REFORM MOVEMENT book iv
circumstance that the distribution of the domains neither infringed the existing constitution nor involved a violation of right. Such objections as have been now and then raised in our day, when a great landlord
suddenly begins to assertj in all their' compass^ claims belonging to him in law but suffered for a long period to lie dormant in practice, might with equal and better right be advanced against the
rogation of Gracchus. These occupied domains had been undeniably in heritable private possession, some of them for three hundred years ; the state's proprietorship of the soil, which from its very nature loses more readily than that of the burgess the character of a private right, had in the case of these lands become virtually extinct, and the present holders had universally come to their possessions by purchase or other onerous acquisition. The jurist might say what he would ; to men of business the measure appeared to be an ejection of the great landholders for the benefit of the agricultural proletariate; and in fact no statesman could give it any other name. That the leading men of the Catonian epoch formed no other judgment, is very clearly shown by their treatment of a similar case that occurred in their time. The territory of Capua and the
211. neighbouring towns, which was annexed as domain in 543, had for the most part practically passed into private posses sion during the following unsettled times. In the last years of the sixth century, when in various respects, especially through the influence of Cato, the reins of government were drawn tighter, the burgesses resolved to resume the Campanian territory and to let it out for the
172. benefit of the treasury (582). The possession in this instance rested on an occupation justified not by previous invitation but at the most by the connivance of the authorities, and had continued in no case much beyond a generation ; but the holders were not dispossessed except in consideration of a compensatory sum disbursed under
chap. II AND TIBERIUS GRACCHUS
329
the orders of the senate by the urban praetor Publius Lentulus 589). 1 Less objectionable perhaps, but still 165. not without hazard, was the arrangement by which the new allotments bore the character of heritable leaseholds and were inalienable. The most liberal principles in regard to freedom of dealing had made Rome great and was very little consonant to the spirit of the Roman institutions, that these new farmers were peremptorily bound down to cultivate their portions of land in definite manner, and that their allotments were subject to rights of revocation
and all the cramping measures associated with commercial restriction.
It will be granted that these objections to the Sempronian agrarian law were of no small weight Yet they are not decisive. Such practical eviction of the holders of the domains was certainly great evil; yet was the only means of checking, at least for long time, an evil much greater still and in fact directly destructive to the state— the decline of the Italian farmer-class. We can well under stand therefore why the most distinguished and patriotic men even of the conservative party, headed by Gaius
Laelius and Scipio Aemilianus, approved and desired the distribution of the domains viewed in itself.
But, the aim of Tiberius Gracchus probably appeared The
to the great majority of the discerning friends of their question country good and salutary, the method which he adopted, before the
on the other hand, did not and could not meet with the approval of single man of note and of patriotism. Rome about this period was governed by the senate. Any one who carried measure of administration against the majority
This fact, hitherto only partially known from Cicero (Di L. Agr. 31, 82 com p. Liv. zlii. a, 19), now more fully established by the fragments of Licinianus, p. 4. The two accounts are to be combined to this effect, that Lentulus ejected the possessors in consideration of a com pensatory sum fixed by him, but accomplished nothing with real land owners, as he was not entitled to dispossess them and they would not consent to sell.
urgesses-
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of the^senate made a revolution. It was revolution against the spirit of the constitution, when Gracchus submitted the domain question to the people ; and revolution also against the letter, when he destroyed not only for the moment but for all time coming the tribunician veto—the corrective of the state machine, through which the senate constitutionally got rid of interferences with its government—by the de position of his colleague, which he justified with unworthy sophistry. But it was not in this step that the moral and political mistake of the action of Gracchus lay. There are no set forms of high treason in history ; whoever provokes one power in the state to conflict with another is certainly a revolutionist, but he may be at the same time a discerning and praiseworthy statesman. The essential defect of the Gracchan revolution lay in a fact only too frequently overlooked —in the nature of the then existing burgess-
assemblies. The agrarian law of Spurius Cassius
and that of Tiberius Gracchus had the main the same tenor and the same object but the enterprises of the two men were as different, as the former Roman burgess-body which shared the Volscian spoil with the Latins and Hernici was different from the present which erected the provinces of Asia and Africa. The former was an urban community, which could meet together and act together; the latter was great state, as to which the attempt to unite those belonging to one and the same primary assembly, and to leave to this assembly the decision, yielded result as lamentable as was ridiculous — 38). The fundamental defect of the policy of antiquity that never fully advanced from the urban form of constitution to that of state or, which the same thing, from the
system of primary assemblies to parliamentary system — in this case avenged itself The sovereign assembly of Rome was what the sovereign assembly in England would be, instead of sending representatives all the electors
361)
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331
of England should meet together as a parliament—an unwieldy mass, wildly agitated by all interests and all passions, in which intelligence was totally lost; a body, which was neither able to take a comprehensive view of things nor even to form a resolution of its own ; a body above all, in which, saving in rare exceptional cases, a couple of hundred or thousand individuals accidentally picked up from the streets of the capital acted and voted in name of the burgesses. , The burgesses found them selves, as a rule, nearly as satisfactorily represented by their de facto representatives in the tribes and centuries as by the thirty lictors who dejure represented them in the curies ; and just as what was called the decree of the curies was nothing but a decree of the magistrate who convoked the lictors, so the decree of the tribes and centuries at this time was in substance simply a decree of the proposing magistrate, legalised by some consentients indispensable for the occasion. But while in these voting-assemblies, the comitia, though they were far from dealing strictly in the matter of qualification, it was on the whole burgesses alone that appeared, in the mere popular assemblages on the other hand —the contiones — every one in the shape of a man was entitled to take his place and to shout, Egyptians and Jews, street-boys and slaves. Such a "meeting" certainly had no significance in the eyes of the law; it could neither vote nor decree. But it practically ruled the street, and already the opinion of the street was a power in Rome, so that it was of some importance whether this confused mass received the communications made to it with silence or shouts, whether it applauded and rejoiced or hissed and howled at the orator. Not many had the courage to lord it over the populace as Scipio Aemilianus did, when they hissed him on account of his expression as to the death of his brother-in-law. "Ye," he said, "to whom Italy is not mother but step-mother, ought to keep
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THE REFORM MOVEMENT book iv
silence I " and when their fury grew still louder, " Surely you do not think that I will fear those let loose, whom I have sent in chains to the slave-market ? "
That the rusty machinery of the comitia should be made use of for the elections and for legislation, was already bad enough. But when those masses —the comitia primarily, and practically also the contiones — were permitted to interfere in the administration, and the instrument which the senate employed to prevent such interferences was wrested out of its hands ; when this so-called burgess-body was allowed to decree to itself lands along with all their appurtenances out of the public purse ; when any one, whom circumstances and his influence with the proletariate enabled to command the streets for a few hours, found it possible to impress on his projects the legal stamp of the sovereign people's will, Rome had reached not the beginning, but the end of popular freedom — had arrived not at democracy, but at monarchy. For that reason in the previous period Cato and those who shared his views never brought such questions before the burgesses, but discussed them solely in the senate (p. 59). For that reason contemporaries of
Gracchus, the men of the Scipionic circle, described the 232. Flaminian agrarian law of 522—the first step in that fatal
career—as the beginning of the decline of Roman greatness. For that reason they allowed the author of the domain- distribution to fall, and saw in his dreadful end, as it were, a rampart against similar attempts in future, while yet they maintained and turned to account with all their energy the domain-distribution itself which he had carried through —so sad was the state of things in Rome, that honest patriots were forced into the horrible hypocrisy of abandoning the evil-doer and yet appropriating the fruit of the evil deed. For that reason too the opponents of Gracchus were in a certain sense not wrong, when they accused him of aspiring to the crown. For him it is a fresh impeachment rather
chap, II AND TIBERIUS GRACCHUS
333
than a justification, that he himself was probably a stranger to any such thought. The aristocratic government was so thoroughly pernicious, that the citizen, who was able to depose the senate and to put himself in its place, might perhaps benefit the commonwealth more than he injured
But such bold player Tiberius Gracchus was not. He Result* was tolerably capable, thoroughly well-meaning, conserva
tive patriot, who simply did not know what he was doing
who in the fullest belief that he was calling the people
evoked the rabble, and grasped at the crown without being himself aware of until the inexorable sequence of events urged him irresistibly into the career of the demagogue- tyrant until the family commission, the interferences with the public finances, the further " reforms " exacted by necessity and despair, the bodyguard from the pavement, and the conflicts in the streets betrayed the lamentable usurper more and more clearly to himself and others until at length the unchained spirits of revolution seized and
devoured the incapable conjurer. The infamous butchery, through which he perished, condemns itself, as condemns the aristocratic faction whence issued but the glory of martyrdom, with which has embellished the name of Tiberius Gracchus, came in this instance, as usually, to the wrong man. The best of his contemporaries judged other wise. When the catastrophe was announced to Scipio Aemilianus, he uttered the words of Homer
"fit diriXoiTo rat dXXoj, Stu TOULvrd ye }>i$oi'
and when the younger brother of Tiberius seemed disposed to come forward in the same career, his own mother wrote to him " Shall then our house have no end of madness where shall be the limit have we not yet enough to be ashamed of, in having confused and disorganized the state? " So spoke not the anxious mother, but the daughter of the conqueror of Carthage, who knew and experienced mis fortune yet greater than the death of her children.
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:
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;
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:
;
;
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334 THE REVOLUTION AND book iv
CHAPTER III
THE REVOLUTION AND GAIUS GRACCHUS
The com- Tiberius Gracchus was dead ; but his two works, the dis- Sstiibut-0' tr'bution of land and the revolution, survived their author.
teg the i^"""
181.
In presence of the starving agricultural proletariate the senate might venture on a murder, but it could not make use of that murder to annul the Sempronian agrarian law ; the law itself had been far more strengthened than shaken by the frantic outbreak of party fury. The party of the aristocracy friendly towards reform, which openly favoured the distribution of the domains — headed
by
Metellus, just about this time (623) censor, and Publius
Scaevola—in concert with the party of Scipio Aemilianus, which was at least not disinclined to reform, gained the upper hand for the time being even in the senate ; and a decree of the senate expressly directed the triumvirs to begin their labours. According to the Sempronian law these were to be nominated annually by the community, and this was probably done : but from the nature of their task it was natural that the election should fall again and again on the same men, and new elections in the proper sense occurred only when a place became vacant through death. Thus in the place of Tiberius Gracchus there was appointed the father-in-law of his brother Gaius, Publius Crassus
130. Mucianus; and after the fall of Mucianus in 624 (p. 279) and the death of Appius Claudius, the business of distribu
Quintus
chap, ill GAIUS GRACCHUS
tion was managed in concert with the
Gracchus by two of the most active leaders of the move
ment party, Marcus Fulvius Flaccus and Gaius
Carbo.
The very names of these men are vouchers that
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 the uj. consul of that year, Publius Popillius, the same who directed the prosecutions of the adherents of Tiberius Gracchus, recorded on a public monument that he was " the
first who had turned che shepherds 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 farms was everywhere augmented —for it was the design of
the Sempronian agrarian law to elevate the farmer-class not
by the founding of new communities, but by the strength ening 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 that go back to the Gracchan assignations of land ; for instance, a due placing of boundary-stones so as
to obviate future mistakes appears to have been first called
into existence by the Gracchan courts for demarcation and
the land-distributions. But the numbers on the burgess-
rolls give the clearest evidence. The census, which was published in 623 and actually took place probably in the 181. beginning of 622, yielded not more than 319,000 burgesses 182. capable of bearing arms, whereas six years afterwards (629) 128. in place of the previous falling-off (p. 314) the number rises
to 395,000, that is 76,000 of an increase — beyond all doubt solely in consequence of what the allotment-com mission did for the Roman burgesses. Whether it multi plied the farms among the Italians in the same proportion may be doubted; at any rate what it did accomplish yielded
young Gaius
Papirius
335
Its
a great and beneficent result It is true that this result was not achieved without various violations of respectable interests and existing rights. The allotment-commission, composed of the most decided partisans, and absolute judge in its own cause, proceeded with its labours in a reck less and even tumultuary fashion ; public notices summoned every one, who was able, to give information regarding the extent of the domain-lands; the old land -registers were inexorably referred to, and not only was occupation new and old revoked without distinction, but in various cases real private property, as to which the holder was unable satisfactorily to prove his tenure, was included in the con fiscation. Loud and for the most part well founded as were the complaints, the senate allowed the distributors to pursue their course; it was clear that, if the domain question was to be settled at all, the matter could not be carried through without such unceremonious vigour of action.
But this acquiescence had its limit. The Italian domain- land was not solely in the hands of Roman burgesses ; large tracts of it had been assigned in exclusive usufruct to particular allied communities by decrees of the people or senate, and other portions had been occupied with or without permission by Latin burgesses. The allotment- commission at length attacked these possessions also. The resumption of the portions simply occupied by non-burgesses was no doubt allowable in formal law, and not less presum ably the resumption of the domain-land handed over by decrees of the senate or even by resolutions of the burgesses to the Italian communities, since thereby the state by no means renounced its ownership and to all appearance gave its grants to communities, just as to private persons, subject to revocation. But the complaints of these allied or subject communities, that Rome did not keep the settlements that were in force, could not be simply disregarded like the
^fg^j°n Aemili-
336
THE REVOLUTION AND book rv
CHAP. Hi GAIUS GRACCHUS
337
complaints of the Roman citizens injured by the action of
the commissioners. Legally the former might be no better founded than the latter ; but, while in the latter case the matter at stake was the private interests of members of the state, in reference to the Latin possessions the question arose, whether it was politically right to give fresh offence
to communities so important in a military point of view
and already so greatly estranged from Rome by numerous disabilities de jure and de facto (ii. 352 et seq. ) through this keenly-felt injury to their material interests. The decision
lay in the hands of the middle party; it was that party which after the fall of Gracchus had, in league with his adherents, protected reform against the oligarchy, and it alone was now able in concert with the oligarchy to set a limit to reform. The Latins resorted personally to the most prominent man of this party, Scipio Aemilianus, with
a request that he would protect their rights. He promised
to do so; and mainly through his influence,1 in 625, a 12fc decree of the people withdrew from the commission its jurisdiction, and remitted the decision respecting what were domanial and what private possessions to the censors and,
as proxies for them, the consuls, to whom according to the general principles of law it pertained. This was simply a suspension of further domain-distribution under a mild form. The consul Tuditanus, by no means Gracchan in his views and little inclined to occupy himself with the difficult task of agrarian definition, embraced the opportunity of going off to the Illyrian army and leaving the duty entrusted to him unfulfilled. The allotment-commission no doubt continued to subsist, but, as the judicial regulation of the domain-land was at a standstill, it was compelled to remain inactive.
1 To this occasion belongs his oration contra legem iuiiciariam Ti. Gracchi — which we are to understand as referring not, as has been asserted, to a law as to the indicia fubliea, but to the supplementary law annexed to his agrarian rogation : ut triumviri iudicarent, qua publicTM ager, qua
frivatus estet (Liv. Ep. lviii. ; see p. 330 above). VOL. Ill
87
Assassin*-
Aemili- mm.
The reform-party was deeply indignant Even men u^e Publius Mucius and Quintus Metellus disapproved of the intervention of Scipio. Other circles were not content with expressing disapproval. Scipio had announced for one of the following days an address respecting the relations of the Latins ; on the morning of that day he was found dead in his bed. He was but fifty-six years of age, and in full health and vigour ; he had spoken in public the day before, and then in the evening had retired earlier than usual to
his bedchamber with a view to prepare the outline of his speech for the following day. That he had been the victim of a political assassination, cannot be doubted ; he himself shortly before had publicly mentioned the plots formed to murder him. What assassin's hand had during the night slain the first statesman and the first general of his age, was never discovered; and it does not become history either to repeat the reports handed down from the contemporary gossip of the city, or to set about the childish attempt to ascertain the truth out of such materials. This much only is clear, that the instigator of the deed must have belonged to the Gracchan party ; the assassination of Scipio was the democratic reply to the aristocratic massacre at the temple of Fidelity. The tribunals did not interfere. The popular party, justly fearing that its leaders Gaius Gracchus, Flaccus, and Carbo, whether guilty or not, might be involved in the prosecution, opposed with all its might the institution of an inquiry ; and the aristocracy, which lost in Scipio quite as much an antagonist as an ally, was not unwilling to let the matter sleep. The multitude and men of moderate views were shocked ; none more so than Quintus Metellus, who had disapproved of Scipio's interference against reform, but turned away with horror from such confederates, and ordered his four sons to carry the bier of his great antagonist to the funeral pile. The funeral was hurried over; with veiled
head the last of the family of the conqueror of Zama was
338
THE REVOLUTION AND book iv
chap, in GAIUS GRACCHUS
339
borne forth, without any one having been previously allowed to see the face of the deceased, and the flames of the funeral pile consumed with the remains of the illustrious man the traces at the same time of the crime.
The history of Rome presents various men of greater genius than Scipio Aemilianus, but none equalling him in moral purity, in the utter absence of political selfishness, in generous love of his country, and none, perhaps, to whom destiny has assigned a more tragic part. Conscious of the best intentions and of no common abilities, he was doomed to see the ruin of his country carried out before his eyes, and to repress within him every earnest attempt to save because he clearly perceived that he should only thereby make the evil worse doomed to the necessity of sanctioning outrages like that of Nasica, and at the same time of defend ing the work of the victim against his murderers. Yet he might say that he had not lived in vain. was to him, at least quite as much as to the author of the Sempronian law, that the Roman burgesses were indebted for an increase of nearly 80,000 new farm-allotments; he was too who put stop to this distribution of the domains, when had produced such benefit as could produce. That was time to break off, was no doubt disputed at the moment even well-meaning men but the fact that Gaius Gracchus did not seriously recur to those possessions which might have been, and yet were not, distributed under the law of his brother, tells very much in favour of the belief that Scipio hit substantially the right moment Both measures were extorted from the parties—the first from the aristocracy, the second from the friends of reform for each its author paid with his life. It was Scipio's lot to fight for his country on many battle-field and to return home uninjured, that he might perish there by the hand of
an assassin but in his quiet chamber he no less died for Rome than he had fallen before the walls of Carthage.
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Demo cratic agitation trader Carbo and Flaccns.
The distribution of land was at an end ; the revolution went on. The revolutionary party, which possessed in the allotment -com mission as it were a constituted leadership, had even in the lifetime of Scipio skirmished now and then with the existing government Carbo, in particular, one of the most distinguished men of his time in oratorical talent,
340
THE REVOLUTION AND BOOK IV
Ml. Bad as tribune of the people in 623 given no small trouble to the senate ; had carried voting by ballot in the burgess- assemblies, so far as it had not been introduced already
and had even made the significant proposal to leave the tribunes of the people free to reappear as candi dates for the same office in the year immediately following, and thus legally to remove the obstacle by which Tiberius Gracchus had primarily been thwarted. The scheme had been at that time frustrated the resistance of Scipio some years later, apparently after his death, the law was reintroduced and carried through, although with limiting clauses. 1 The principal object of the party, however, was to revive the action of the allotment-commission which had been practically suspended the leaders seriously talked of removing the obstacles which the Italian allies interposed
to the scheme by conferring on them the rights of citizen
ship, and the agitation assumed mainly that direction. In 1M. order to meet the senate in 628 got the tribune of the people Marcus Junius Pennus to propose the dismissal of all non-burgesses from the capital, and in spite of the
resistance of the democrats, particularly of Gaius Gracchus, and of the ferment occasioned by this odious measure in the Latin communities, the proposal was carried. Marcus
126. Fulvius Flaccus retorted in the following year (629) as consul with the proposal to facilitate the acquisition of
The restriction, that the continuance should only be allowable there was a want of other qualified candidates (Appian, B. C. 21), was not difficult of evasion. The law itself seems not to have belonged to the
older regulations (Staatsrethi, i*. 473), but to have been introduced Cor the first time by the Gracchans.
300)
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if
it,
;
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chap, ill GAIUS GRACCHUS
341
burgess-rights by the burgesses of the allied communities, and to concede even to those who had not acquired them
an appeal to the Roman comitia against penal judgments. ' But he stood almost alone—Carbo had meanwhile changed \ his colours and was now a zealous aristocrat, Gaius Gracchus \ was absent as quaestor in Sardinia —and the project was / frustrated by the resistance not of the senate merely, but / also of the burgesses, who were but little inclined to extend-' their privileges to still wider circles. Flaccus left Rome to undertake the supreme command against the Celts ; by his Transalpine conquests he prepared the way for the great schemes of the democracy, while he at the same time with drew out of the difficulty of having to bear arms against the allies instigated by himself.
Fregellae, situated on the borders of Latium and Destruction Campania at the principal passage of the Liris in the midst p-reeellae. of a large and fertile territory, at that time perhaps the
second city of Italy and in the discussions with Rome the
usual mouthpiece of all the Latin colonies, began war
against Rome in consequence of the rejection of the
proposal brought in by Flaccus —the first instance which
had occurred for a hundred and fifty years of a serious insurrection, not brought about by foreign powers, in Italy
against the Roman hegemony. But on this occasion the
/ire was successfully extinguished before it had caught hold
of other allied communities. Not through the superiority
of the Roman arms, but through the treachery of a
Fregellan Quintus Numitorius Pullus, the praetor Lucius
Opimius quickly became master of the revolted city, which
lost its civic privileges and its walls and was converted like
Capua into a village. The colony of Fabrateria was
founded on a part of its territory in 630 ; the remainder 124.
and the former city itself were distributed among the surrounding communities. This rapid and fearful punish
ment alarmed the allies, and endless impeachments for high
342
THE REVOLUTION AND book it
treason pursued not only the Fregellans, but also the leaders of the popular party in Rome, who naturally were regarded by the aristocracy as accomplices in this insurrection. Meanwhile Gaius Gracchus reappeared in Rome. The aristocracy had first sought to detain the object of their dread in Sardinia by omitting to provide the usual relief, and then, when without caring for that point he returned, had brought him to trial as one of the authors of the
125-124. Fregellan revolt (629-30). But the burgesses acquitted him ; and now he too threw down the gauntlet, became a candidate for the tribuneship of the people, and was
128. nominated to that office for the year 631 in an elective assembly attended by unusual numbers. War was thus declared. The democratic party, always poor in leaders of ability, had from sheer necessity remained virtually at rest for nine years ; now the truce was at an end, and this time it was headed by a man who, with more honesty than Carbo and with more talent than Flaccus, was in every respect called to take the lead.
158-121. Gracchus,
Gaius Gracchus (601-633) was very different from his brother, who was about nine years older. Like the latter, he had no relish for vulgar pleasures and vulgar pursuits ; he was a man of thorough culture and a brave soldier ; he had served with distinction before Numantia under his brother-in-law, and afterwards in Sardinia. But in talent, in character, and above all in passion he was decidedly superior to Tiberius. The clearness and self-possession, which the young man afterwards displayed amidst the
pressure of all the varied labours requisite for the practical carrying out of his numerous laws, betokened his genuine statesmanly talent; as the passionate devotedness faithful even to death, with which his intimate friends clung to him, evinced the loveable nature of that noble mind. 'The discipline of suffering which he had undergone, and his compulsory reserve during the last nine years, augmented
crap, ill GAIUS GRACCHUS
34]
his energy of purpose and action ; the indignation repressed within the depths of his breast only glowed there with an intensified fervour against the party which had disorganized his country and murdered his brother. By virtue of this fearful vehemence of temperament he became the foremost orator that Rome ever had ; without we should probably have been able to reckon him among the first statesmen of all times. Among the few remains of his recorded orations several are, even in their present condition, of heart-stirring
and we can well understand how those who heard or even merely read them were carried away the
power
torrent of his words. Yet, great master as he was of speech, he was himself not unfrequently mastered
so that the utterance of the brilliant speaker became confused or faltering. was the true image of his political acting and suffering. In the nature of Gaius there was no vein, such as his brother had, of that somewhat sentimental but very short-sighted and confused good-nature, which would have desired to change the mind of political opponent by entreaties and tears with full assurance he entered on the career of revolution and strove to reach the goal of vengeance. " To me too," his mother wrote to him, " nothing seems finer and more glorious than to retaliate on an enemy, so far as can be done without the country's ruin. But this not possible, then may our enemies continue and remain what they are, thousand times rather than that our country should perish. " Cornelia knew her son his creed was just the reverse. Vengeance he would wreak on the wretched government, vengeance at any price,
Such are the words spoken on the announcement of his projects of law — " If were to speak to you and ask of you —seeing that am of noble descent and have lost my brother on your account, and that there now no survivor of the descendants of Publius Africanus and Tiberius Gracchus excepting only myself and boy—to allow me to take rest for the present, in order that our stock may not be extirpated and that an offset of this family may still survive you would perhaps readily grant me such a request. "
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Alterations on the con stitution by Gaiui Gracchui.
though he himself and even the commonwealth were to be| ruined by it—the presentiment, that fate would overtake him as certainly as his brother, drove him only to make haste,1 like a man mortally wounded who throws himself on the foe. The mother thought more nobly ; but the son —with his deeply provoked, passionately excited, thoroughly Italian nature — has been more lamented than blamed by posterity, and posterity has been right in its judgment
Tiberius Gracchus had come before the burgesses with a single administrative reform. What Gaius introduced in a series of separate proposals was nothing else than an entirely new constitution; the foundation-stone of which was fur nished by the innovation previously carried through, that a tribune of the people should be at liberty to solicit re-election for the following year 340). While this step enabled the popular chief to acquire permanent position and one which protected its holder, the next object was to secure for him material power or, in other words, to attach the multitude of the capital — for that no reliance was to be placed on the country people coming only from time to time to the city, had been sufficiently apparent — with its interests steadfastly to its leader. This purpose was served, first of all, by intro ducing distributions of corn in the capital. The grain ac cruing to the state from the provincial tenths had already been frequently given away at nominal prices to the burgesses
Gracchus enacted that every burgess who should personally present himself in the capital should thenceforth be allowed monthly definite quantity —apparently modit (i\ bushel) —from the public stores, at asses (3d. ) for the modius, or not quite the half of low average price 78,
for which purpose the public corn-stores were enlarged by the construction of the new Sempronian granaries. This distribution — which consequently excluded the burgesses living out of the capital, and could not but attract to Rome the whole mass of the burgess-proletariate —was designed to
Distribu tion of grain.
344
THE REVOLUTION AND BOOK IT
note)
76).
;
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\6
5 (p.
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(p.
a (p.
chap, in GAIUS GRACCHUS
345
bring the burgess-proletariate of the capital, which hitherto
had mainly depended on the aristocracy, into dependence
on the leaders of the movement-party, and thus to supply
the new master of the state at once with a body-guard and
with a firm majority in the comitia. For greater security as Change In regards the latter, moreover, the order of voting still subsist- of TOtiDg, ing in the comitia anturiata, according to which the five property-classes in each tribe gave their votes one after
another 51), was done away; instead of this, all the centuries were in future to vote promiscuously in an order of succession to be fixed on each occasion by lot. While these enactments were mainly designed to procure for the new chief of the state by means of the city-proletariate the complete command of the capital and thereby of the state, the amplest control over the comitial machinery, and the possibility in case of need of striking terror into the senate and magistrates, the legislator certainly at the same time set himself with earnestness and energy to redress the existing social evils.
true that the Italian domain question was in Agrarian
**"
and even the allotment-commission still continued
in force the agrarian law carried by Gracchus can have enacted nothing new save the restoration to the commis sioners of the jurisdiction which they had lost. That the object of this step was only to save the principle, and that
the distribution of lands, resumed at all, was resumed only
to very limited extent, shown the burgess-roll, which gives exactly the same number of persons for the years 629 125. and 639. Gaius beyond doubt did not proceed further in 115. this matter, because the domain-land taken into possession
by Roman burgesses was already in substance distributed,
and the question as to the domains enjoyed the Latins could only be taken up anew in connection with the very difficult question as to the extension of Roman citizenship.
On the other hand he took an important step beyond the
certain sense settled. The agrarian law of Tiberius
legally
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;
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Colony of Capua.
346 THE REVOLUTION AND BOOK IV
agrarian law of Tiberius, when he proposed the establishment of colonies in Italy—at Tarentum, and more especially at Capua —and by that course rendered the domain-land, which had been let on lease by the state and was hitherto excluded from distribution, liable to be also parcelled out, not, how ever, according to the previous method, which excluded the founding of new communities (p. 335), but according to the colonial system. Beyond doubt these colonies were also designed to aid in permanently defending the revolution to which they owed their existence. Still more significant and momentous was the measure, by which Gaius Gracchus first proceeded to provide for the Italian proletariate in the transmarine territories of the state. He despatched to the site on which Carthage had stood 6000 colonists selected perhaps not merely from'Roman burgesses but also from the Italian allies, and conferred on the new town Junonia the rights of a Roman burgess-colony. The foundation was important, but still more important was the principle of transmarine emigration thereby laid down. It opened up for the Italian proletariate a permanent outlet, and a relief in fact more than provisional ; but it certainly abandoned the principle of state-law hitherto in force, by which Italy was regarded as exclusively the governing, and the provincial territory as exclusively the governed, land.
To these measures having immediate reference to the great question of the proletariate there was added a series of enactments, which arose out of the general tendency to introduce principles milder and more accordant with the spirit of the age than the antiquated severity of the existing constitution. To this head belong the modifications in the military system. As to the length of the period of service there existed under the ancient law no other limit, except that no citizen was liable to ordinary service in the field before completing his seventeenth or after completing his forty-sixth year. When, in consequence of the occupation
Trans marine colonisa tion.
Modifica tions of the penal law.
chap, ill GAIUB GRACCHUS
of Spain, the service began to become permanent
seems to have been first legally enacted that any one
who had been in the field for six successive years acquired thereby right to discharge, although this discharge did not protect him from being called out again afterwards. At later period, perhaps about the beginning of this century, the rule arose, that service of twenty years in the infantry or ten years in the cavalry gave exemption from further military service. 1 Gracchus renewed the rule—which pre sumably was often violently infringed—that no burgess should be enlisted in the army before the commencement of his eighteenth year and also, apparently, restricted the number of campaigns requisite for full exemption from military duty. Besides, the clothing of the soldiers, the value of which had hitherto been deducted from their pay, was henceforward furnished gratuitously the state.
To this head belongs, moreover, the tendency which on various occasions apparent the Gracchan legislation, not to abolish capital punishment, at any rate to restrict still further than had been done before— tendency, which to some extent made itself felt even in military jurisdiction. From the very introduction of the republic the magistrate had lost the right of inflicting capital punishment on the burgess without consulting the community, except under martial law 320 68) this right of appeal the burgess appears soon after the period of the Gracchi avail able even in the camp, and the right of the general to inflict capital punishments appears restricted to allies and
Thus the statement of Appian (Hisp. 78) that six years' service entitled man to demand his discharge, may perhaps be reconciled with the better known statement of Polybius (vi. 19), respecting which Marquardt (Hand- buch, vi. 381) has farmed a correct judgment. The time, at which the two alterations were introduced, cannot be determined further, than that the first
was probably in existence as early as 603 (Nitzsch, Gracchen, p. 231), and 151, the second certainly as early as the time of Polybius. That Gracchus re
duced the number of the legal years of service, seems to follow from Asoonius in Cornel, p. 68 comp. Plutarch, Ti. Gracch. 16 Dio, Ft. 83,
7, Bckk.
347
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(ii.
142.
subjects, the source of the change is probably to be sought in the law of Gaius Gracchus de provocation. But the right of the community to inflict or rather to confirm sentence of death was indirectly yet essentially limited by the fact, that Gracchus withdrew the cognizance of those public crimes which most frequently gave occasion to capital sentences— poisoning and murder generally — from the burgesses, and en trusted it to permanent judicial commissions. These could not, like the tribunals of the people, be broken up by the intercession of a tribune, and there not only lay no appeal from them to the community, but their sentences were as little subject to be annulled by the community as those of the long-established civil jurymen. In the burgess-tribunals it had, especially in strictly political processes, no doubt long been the rule that the accused remained at liberty during his trial, and was allowed by surrendering his burgess- rights to save at least life and freedom ; for the fine laid on property, as well as the civil condemnation, might still affect even the exiled. But preliminary arrest and complete execution of the sentence remained in such cases at least legally possible, and were still sometimes carried into effect even against persons of rank ; for instance, Lucius Hostilius Tubulus, praetor of 6 1 2, who was capitally impeached for a heinous crime, was refused the privilege of exile, arrested, and executed. On the other hand the judicial commissions, which originated out of the civil procedure, probably could not at the outset touch the liberty or life of the citizen, but at the most could only pronounce sentence of exile ; this, which had hitherto been a mitigation of punishment accorded to one who was found guilty, now became for the first time a formal penalty This involuntary exile however, like the voluntary, left to the person banished his property, so far as it was not exhausted in satisfying claims for compensation and money-fines.
Lastly, in the matter of debt Gaius Gracchus made no
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349
alteration ; but very respectable authorities assert that he held out to those in debt the hope of a diminution or remis sion of claims — which, if it is correct, must likewise be reckoned among those radically popular measures.
While Gracchus thus leaned on the support of the multi- Elevation
tude, which partly expected, partly received from him a of the
order, material improvement of its position, he laboured with equestrian
equal energy at the ruin of the aristocracy. Perceiving clearly how insecure was the rule of the head of the state built merely on the proletariate, he applied himself above all to split the aristocracy and to draw a part of it over to his interests. The elements of such a rupture were already in existence. The aristocracy of the rich, which had risen as one man against Tiberius Gracchus, consisted in fact of two essentially dissimilar bodies, which may be in some measure compared to the peerage and the city aristocracy of England. The one embraced the practically closed circle of the governing senatorial families who kept aloof from direct speculation and invested their immense capital partly in landed property, partly as sleeping partners in the great associations. The core of the second class was composed of the speculators, who, as managers of these companies, or on their own account, conducted the large mercantile and pecuniary transactions throughout the range of the Roman hegemony. We have already shown (p. 93 ff. ) how the latter class, especially in the course of the sixth century, gradually took its place by the side of the senatorial aristo cracy, and how the legal exclusion of the senators from mercantile pursuits by the Claudian enactment, suggested by Gaius Flaminius the precursor of the Gracchi, drew an outward line of demarcation between the senators and the mercantile and moneyed men. In the present epoch the mercantile aristocracy began, under the name of the equites, to exercise a decisive influence in political affairs. This appellation, which originally belonged only to the burgess-
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THE REVOLUTION AND book iv
cavalry on service, came gradually to be transferred, at any rate in ordinary use, to all those who, as possessors of an estate of at least 400,000 sesterces, were liable to cavalry service in general, and thus comprehended the whole of the upper society, senatorial and non-senatorial, in Rome. But not long before the time of Gaius Gracchus the law had declared a seat in the senate incompatible with service in the cavalry 300), and the senators were thus eliminated from those qualified to be equites; and accordingly the equestrian order, taken as whole, might be regarded as representing the aristocracy of speculators in contradistinc tion to the senate. Nevertheless those members of sena torial families who had not entered the senate, especially the younger members, did not cease to serve as equites and con sequently to bear the name; and, in fact, the burgess-cavalry properly so called — that the eighteen equestrian centuries —in consequence of being made up by the censors con tinued to be chiefly filled up from the young senatorial aristocracy —
This order of the equites that to say, substantially, of the wealthy merchants—in various ways came roughly into contact with the governing senate. There was natural antipathy between the genteel aristocrats and the men to whom money had brought rank. The ruling lords, especially the better class of them, stood just as much aloof from speculations, as the men of material interests were indifferent to political questions and coterie- feuds. The two classes had already frequently come into sharp collision, particularly in the provinces; for, though in general the provincials had far more reason than the Roman capitalists had to complain of the partiality of the Roman magistrates, yet the ruling lords of the senate did not lend countenance to the greedy and unjust doings of the moneyed men, at the expense of the subjects, so thoroughly and absolutely as those capitalists desired. In spite of their
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concord in opposing a common foe such as was Tiberius Gracchus, a deep gulf lay between the nobility and the moneyed aristocracy ; and Gaius, more adroit than his brother, enlarged it till the alliance was broken up and the mercantile class ranged itself on his side.
That the external privileges, through which afterwards Insignia of
the men of equestrian census were distinguished from the rest of the multitude —the golden finger-ring instead of the ordinary ring of iron or copper, and the separate and better place at the burgess-festivals — were first conferred on the equites by Gaius Gracchus, is not certain, but is not im probable. For they emerged at any rate about this period, and, as the extension of these hitherto mainly senatorial privileges (pp. 5, 16) to the equestrian order which he brought into prominence was quite in the style of Gracchus, so it was in very truth his aim to impress on the equites the stamp of an order, similarly close and privileged, inter mediate between the senatorial aristocracy and the common multitude ; and this same aim was more promoted by those class-insignia, trifling though they were in themselves and though many qualified to be equites might not avail them selves of them, than by many an ordinance far more intrinsically important. But the party of material interests, though it by no means despised such honours, was yet not to be gained through these alone. Gracchus perceived well that it would doubtless duly fall to the highest bidder, but that it needed a high and substantial bidding ; and so he offered to it the revenues of Asia and the jury courts.
•* tes"
The system of Roman financial administration, under Taxation which the indirect taxes as well as the domain-revenues 0*A,ia• were levied by means of middlemen, in itself granted to
the Roman capitalist-class the most extensive advantages at
the expense of those liable to taxation. But the direct taxes consisted either, as in most provinces, of fixed sums of money payable by the communities —which of itself
Juit courts.
excluded the intervention of Roman capitalists —or, as in Sicily and Sardinia, of a ground-tenth, the levying of which for each particular community was leased in the provinces themselves, so that wealthy provincials regularly, and the tributary communities themselves very frequently, farmed the tenth of their districts and thereby kept at a distance the dangerous Roman middlemen. Six years before, when the province of Asia had fallen to the Romans, the senate had organized it substantially according to the first system (p. 280). Gaius Gracchus1 overturned this arrangement by a decree of the people, and not only burdened the pro vince, which had hitherto been almost free from taxation, with the most extensive indirect and direct taxes, particularly the ground-tenth, but also enacted that these taxes should be exposed to auction for the province as a whole and in Rome — a rule which practically excluded the provincials from participation, and called into existence in the body of middlemen for the decumae, scriptura, and vectigalia of the province of Asia an association of capitalists of colossal magnitude. A significant indication, moreover, of the endeavour of Gracchus to make the order of capitalists independent of the senate was the enactment, that the entire or partial remission of the stipulated rent was no longer, as hitherto, to be granted by the senate at discretion, but was under definite contingencies to be accorded by law.
While a gold mine was thus opened for the mercantile class, and the members of the new partnership constituted a great financial power imposing even for the govern ment — a "senate of merchants" — a definite sphere of public action was at the same time assigned to them in the jury courts. The field of the criminal procedure, which by
1 That he, and not Tiberius, was the author of this law, now appears bom Fronto in the letters to Verus, init. Comp. Gracchus ap.